Harbours Act and Other Acts Amendment Act 1982 (Qld)

138 ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1982 An Act to amend the Harbours Act 1955- 1980 , the Port ofBrisbaneAuthority Act 1976-1979 and the GoldCoast Waterways Authority Act 1979 -1980 each in certain particulars [ASSENTED TO 20TH APRIL, 1982]

Harbours Act and Other Acts Amendment Act 1982, No. 14 139 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: PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Harbours Act and Other Acts Amendment Act 1982. 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF HARBOURS ACT 1955-1980; PART 111-AMENDMENTS OF PORT OF BRISBANE AUTHORITY ACT 1976-1979; PART IV-AMENDMENTS OF GOLD COAST WATERWAYS AUTHORITY ACT 1979-1980. PART II-AMENDMENTS OF HARBOURS ACT 1955-1980 3. Citation . (1) In this Part the Harbours Act 1955-1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Harbours Act 1955-1982. 4. Amendment of s. 3. Parts of this Act. Section 3 of the Principal Act is amended by- (a) omitting from the words and expressions " Division III-Harbour Boards (ss. 15-36) " the expression " 36 " and substituting the expression "36A"• (b) omitting from the words and expressions " PART V-BY-LAWS kss. 98-104) " the expression " 104 " and substituting the expression " 104E "; (c) omitting from the words and expressions " Division III-Accounts and Audit (ss. 114-118) " the expression " 118 " and substituting the expression " 118A "; (d) omitting from the words and expressions " PART VII-HARBOUR DUES (ss. 119-136) " the expression " 136 " and substituting the expression 136A "; (e) omitting from the words and expressions " PART VIII- MISCELLANEOUS (ss. 137-168) " the expression " 168 " and substituting the expression " 168B ". 5. Amendment of s. 8. Meaning of terms. Section 8 of the Principal Act is amended by- (a) inserting at the end of the definition " Chairman " the words and expressions ": Where a Local Authority is appointed pursuant to section 36A to carry on the functions of a dissolved Harbour Board, the term means the chairman, as defined by the Local Government Act 1936-1981, of that Local Authority ";

140 Harbours Act and Other Acts Amendment Act 1982, No. 14 (h) in the definition of the term " Elective Member " omitting the words " either upon election by electors or "; (c) omitting the definition " Elector "; (d) inserting at the end of the definition "Harbour Board" or " Board " the words and expressions ": The term shall also include a Local Authority appointed pursuant to section 36A to carry on the functions of a dissolved Harbour Board "; (e) inserting at the end of the definition " Member " the words and expressions ": Where a Local Authority is appointed pursuant to section 36A to carry on the functions of a dissolved Harbour Board, the term means a member of that Local Authority "; (f) inserting after the definition " Non-elective member " the following definition:- " " Officer "-in relation to a Harbour Board, a person employed by the Board and designated by the Board as an officer of the Board for the purposes of this Act; ". (g) omitting the definition " Voters Roll ". 6. Amendment of s. 9. Power of Governor in Council to define harbours and to constitute Harbour Boards , etc. Section 9 of the Principal Act is amended by in subsection (1), omitting paragraph (xiv). 7. Amendment of s. 17 . Constitution of Harbour Boards . Section 17 of the Principal Act is amended by in the first paragraph omitting the words and expressions ", the elective members distributed in relation to the Harbour Board District, and the manner of election in each and every case of those elective members prescribed " and substituting the words " and the elective members distributed in relation to the Harbour Board District ". 8. Amendment of s. 21. Term of office. Section 21 of the Principal Act is amended by in subsection (2)- (a) in the first paragraph omitting subparagraphs (a) and (b) and substituting the following subparagraphs:- (a) commence at the commencement of the meeting of the Harbour Board first held after the completion of the constitution of the Board in the first instance or afresh, as the case may be; and (b) end at the commencement of the meeting of the Harbour Board first held after the completion of the next following constitution of the Board afresh."; (b) inserting after the first paragraph the following paragraph:- The term of office of every member of a Harbour Board who was- (a) elected or appointed under this Act for the purpose of constituting the Board afresh in the year one thousand nine hundred and seventy-nine; or

Harbours Act and Other Acts Amendment Act 1982, No. 14 141 (b) elected or appointed under this Act to fill an extraordinary vacancy in the office of a member of the Board specified in subparagraph (a), or on the death of that member, shall end at the commencement of the meeting of the Board first held after the completion of the constitution of the Board afresh in the year one thousand nine hundred and eighty-two.". 9. Repeal of and new s. 23. The Principal Act is amended by repealing section 23 and substituting the following section:- " 23. Qualification for Membership of Harbour Board . A person shall not be qualified to be nominated as a candidate and elected or to be appointed and, in either case, to act as a member of a Harbour Board unless he is an adult and, except where the Minister otherwise approves, is ordinarily resident within the Harbour Board district.". 10. Amendment of s. 26. Elections , etc. Section 26 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting paragraph (a); (ii) omitting the expression "(b)"; (b) omitting subsection (3). 11. Amendment of s. 30. Term of office of member appointed to fill extraordinary vacancy. Section 30 of the Principal Act is amended by omitting the words " on the date " where secondly occurring. 12. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- " 36A. Dissolution of Harbour Board for purpose of control by Local Authority. (1) Notwithstanding anything in this Act to the contrary, where it is agreed between a Harbour Board and a Local Authority that circumstances have arisen rendering it desirable that the operations of the harbour in question should be administered by the Local Authority, the Governor in Council may, at the request of the Harbour Board and the Local Authority, if he is of the opinion that it is desirable so to do, by Order in Council dissolve any Harbour Board for the purpose of appointing the Local Authority to carry on the functions of the Board and may appoint the Local Authority for that purpose. (2) Where the Governor in Council pursuant to this section dissolves a Harbour Board, every member of the Board shall, upon such date as may be specified in that behalf in the Order in Council dissolving the Board, retire from office. (3) Where a Local Authority is appointed to carry on the functions of a dissolved Harbour Board under this section- (a) the Harbour Board shall continue as a body corporate with the assets, liabilities, entitlements and obligations of the Harbour Board at the time of the dissolution and shall retain its name and common seal; (b) the resolutions of the Local Authority made in respect of the carrying on of the functions of the Harbour Board shall, for

142 Harbours Act and Other Acts Amendment Act 1982, No. 14 the purposes of this Act, have the same effect as resolutions of a meeting of the members of a Harbour Board constituted by a number of members; (c) the by-laws of the Board shall, except insofar as they apply to meetings and members of the Board , continue to apply in respect of the harbour in question until they are duly revoked or varied pursuant to this Act; (d) any matter required by this Act to be resolved at a special meeting of the Board shall be resolved at a special meeting of the Local Authority called for that purpose; and (e) all other provisions of this Act, save the provisions of this Division ( other than this section ) and Division IV of this Part, shall with any necessary adaptations continue to apply in respect of the Harbour Board and the operations of the harbour. (4) Where a Local Authority is appointed to carry on the functions of a dissolved Harbour Board under this section , the Treasurer and the Local Authority may, where, having regard to the financial circumstances of the dissolved Board , those parties are of the opinion that a necessity exists for so doing, and with the approval of the Governor in Council by Order in Council, enter into an agreement making financial arrangements between the State and the Local Authority in respect of the operations of the harbour in question. An agreement under this subsection may be varied by agreement between the parties thereto, with the approval of the Governor in Council by Order in Council. The provisions of any such agreement shall have force and effect notwithstanding any provision of this Act or of the Local Government Act 1936 - 1981 which limits the purposes for which the funds , or particular funds, of a Harbour Board or of a Local Authority may be applied. (5) The Governor in Council may at any time , by Order in Council, revoke any Order in Council made pursuant to subsection (1) and the Order in Council may do all or any of the things set out in paragraphs (i) to (xiii ) of section 9 (1) and , if the Order in Council provides for the constitution of a Harbour Board by a number of members , the revocation shall, unless the Governor in Council specifies an earlier date, take effect as from the commencement of the first meeting of the members appointed or elected to such Board. (6) If the Order in Council revoking an Order in Council made pursuant to this section does not provide for the constitution of a Harbour Board by a number of members, or if the revocation takes effect on a date before the commencement of the first meeting of the members appointed or elected to a Board , the Harbours Corporation shall, pursuant to section 185 , exercise and perform the functions , authorities, powers and duties of the Board. (7) Notwithstanding the provisions of " The Rockhampton Harbour Board and the Council of the City of Rockhampton Act of 1960 " and subject to this section , an agreement made between the Treasurer and the

Harbours Act and Other Acts Amendment Act 1982, No. 14 143 Council of the City of Rockhampton pursuant to subsection (4) may, on and from the date specified therein, include a variation, suspension, or revocation of any Agreement made pursuant to that Act, and any such variation, suspension or revocation shall by virtue of the provisions of this subsection have effect according to its tenor.". 13. Amendment of s. 38 . Chairman and deputy chairman . Section 38 of the Principal Act is amended by omitting subsection (5). 14. Amendment of s. 46 . Committees . Section 46 of the Principal Act is amended by adding after subsection (4) the following subsection:- " (4A) Section 42 (7) applies to the meetings of a committee as if the committee were a Harbour Board, and a member of a committee attending a meeting of the committee were a member of a Harbour Board attending a meeting of the Board.". 15. Amendment of s. 47. Governor in Council may intervene . Section 47 of the Principal Act is amended by in subsection (4)- (a) omitting the words and expression " Voters Roll,"; (b) omitting after the word " such " the word and expression " Roll,". 16. Amendment of s. 48A. Payments to members . Section 48A of the Principal Act is amended by inserting at the end thereof the following paragraph:- " For the purposes of this section, the term " fees " shall include any amount expended by a Harbour Board for the purpose of a contract of insurance for the insurance of a member of the Board pursuant to section 48B or, where a contract of insurance relates to more than one member, the portion of the amount expended appropriate to the insurance cover provided for the member in question.". 17. Amendment of s. 48B . Insurance of Members . Section 48B of the Principal Act is amended by in subsection (1)- (a) omitting the words " may enter " and substituting the words " shall enter "; (b) omitting in the second paragraph all words from and including the words " the same benefits " to and including the expression " 1974 " and substituting the words " benefits at least equal to compensation payable under the Workers' Compensation Act 1916-1980 to a worker as defined by that Act ". 18. Amendment of s. 51 . Appointment of acting officers, suspension, etc. Section 51 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) During the absence of any officer or employee of a Harbour Board by reason of illness, leave of absence, or other cause, the duties and powers of that officer or employee may be performed and exercised by an acting officer or employee to be appointed by the Board either generally or for some occasion only.

144 Harbours Act and Other Acts Amendment Act 1982, No. 14 A Harbour Board may by resolution authorize the Chairman or other member of the Board or officer of or a person employed by the Board to exercise on behalf of the Board the powers conferred by this subsection to appoint acting officers or employees in respect of all classes of officers or employees or a class of officer or employee.". 19. Amendment of s. 53 . Disclosure by officers of interest in contracts. Section 53 of the Principal Act is amended by in subsection (1)- (a) in the note appearing in and at the beginning of the subsection inserting the expression " etc " after the word " contracts " ; (b) inserting in paragraph (a) after the words and expression " entered into by the Harbour Board," the words and expressions " or that any other matter in respect of which he has a pecuniary interest is to be considered by a meeting of the Harbour Board, or by a meeting of a committee of the Harbour Board,"; (c) inserting after paragraph (b) the following paragraph:- " (ba) An officer of a Harbour Board shall not perform, or engage himself to perform, remunerative work outside the service of the Harbour Board by which he is employed without the prior approval of that Harbour Board."; (d) in paragraph (c) inserting after the word and expression " paragraph (b) " the words and expression " or paragraph (ba) ". 20. Amendment of s. 54 . Board may enter into contracts for harbour works. Section 54 of the Principal Act is amended by in the second paragraph omitting the definition of the term " Crown " and substituting the following definition:- " Crown " means the Crown in right of the Commonwealth or of this State or of any other State or Territory of the Commonwealth.". 21. Amendment of s. 55 . Mode of making contracts . Section 55 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) (a) Notwithstanding the provisions of subsections (2) and (3) a Harbour Board may authorize the secretary generally and the secretary may in turn authorize another officer of the Board (either generally or in a particular case), in lieu of the chairman or any two members referred to in those subsections, on its behalf to enter into contracts referred to in either of those subsections for the execution of any work or the furnishing of any goods or any materials of a value not exceeding the prescribed amount if- (i) provision for meeting the cost of the contract has been made in the budget of the Board; or (ii) the cost of the contract has been approved by the Board in emergent, extraordinary or unforeseen circumstances, and the secretary or the officer may enter into the contract, if it is a contract that is specified in subsection (2) in the manner specified in that

Harbours Act and Other Acts Amendment Act 1982, No. 14 145 subsection or if it is a contract that is specified in subsection (3) in the manner specified in that subsection and may, in either case, vary or discharge the contract in the same manner. (b) An amount prescribed for the purposes of paragraph (a) shall be prescribed by way of Order in Council.". 22. Repeal of and new s. 56. Certain contracts to be made only after public tender . The Principal Act is amended by repealing section 56 and substituting the following section:- " 56. Tenders and quotations for work , goods or materials . (1) Except in the case of emergency, or for any other cause considered sufficient by the Governor in Council either generally or in a particular case, but subject to section 66, 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) is entered into by a Harbour Board the Board shall three weeks at least before entering into such contract notify its intention to make and invite tenders for such contract in such manner as to encourage a reasonable measure of competition. In approving any cause as sufficient for the purposes of this subsection the Governor in Council may stipulate conditions which are to apply to the making of any such contract pursuant to such approval and the Harbour Board shall comply with any such conditions. (2) Except in the case of emergency, or for any other cause considered sufficient by the Harbour Board by resolution to that effect, a Harbour Board shall not enter into any contract for the execution of any work or the furnishing of any goods or materials for an amount exceeding the amount prescribed but not exceeding the amount prescribed under subsection (1), unless and until it has invited quotations for such contract in such manner as to encourage a reasonable measure of competition. (3) The Harbour Board may accept the tender or quotation which on a view of all circumstances appears to it to be the most advantageous, or it may decline to accept any of the tenders or quotations. In determining which tender or quotation is the most advantageous in respect of a contract for the furnishing of any goods or materials to be financed either wholly or partly by way of money borrowed or raised pursuant to the provisions of section 107 or by way of subsidy paid by the Treasurer, the Harbour Board shall take into consideration the requirements of the Treasurer at the material time in relation to the granting of preference to manufacturers. (4) (a) Notwithstanding the provisions of subsections (1) and (2) and subject to section 66 a Harbour Board in the case of a sale of land or of any surplus goods or materials- (i) may sell the land, goods or materials by public auction; (ii) may, where the value of the land, goods or materials in the opinion of the Harbour Board does not exceed the prescribed amount, effect a sale in such manner as it thinks fit;

146 Harbours Act and Other Acts Amendment Act 1982, No. 14 (iii) shall, where the value of the land, goods or materials in the opinion of the Harbour Board exceeds the amount prescribed under provision (ii) and it does not elect to sell the land, goods or materials by public auction, invite tenders in the manner required by subsection (1). Where tenders are invited, the Harbour Board may accept the tender 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. (b) In any case where, pursuant to this subsection, a Harbour Board has offered any land or any surplus goods or materials for sale by tender or public auction and a sale does not eventuate, the Board may, within 12 months after such offer for sale, sell such land, goods or materials by private contract: Provided that the sale price in respect of the sale by private contract shall not be less than the highest amount that was offered in respect of the offer for sale by tender or public auction as aforesaid. (c) Where the Harbour Board intends to offer for sale by public auction any land, or any surplus goods or materials, the Board shall, not more than 14 nor less than 7 days before the date of the public auction, advertise in a newspaper circulating in the locality the day, time and place when and where the public auction will take place and a full description of the land or, as the case may be, surplus goods or materials in question. (d) Where the Harbour Board intends to offer for sale by public auction any land, the Board shall, not more than 14 nor less than 7 days before the date of the public auction, cause to be affixed on some conspicuous part of the land a notice setting out the day, time and place when and where the public auction will take place and a full du cription of the land. (e) Any offer for sale by public auction to which this subsection applies may be at a reserve price resolved by the Harbour Board. (5) This section does not apply to leases, licences or permits to be granted or authorized pursuant to section 64, unless the Harbour Board otherwise determines. (6) This section does not apply to leases or licences to be granted or authorized pursuant to section 65, unless the Harbour Board otherwise determines. (7) Subject to section 66, the provisions of this section do not apply- (a) where the contract to be entered into is one 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; (b) to the sale of land by a Harbour Board to a person who, under a lease granted by the Board, has developed the land in accordance with the terms and conditions of the lease and has otherwise complied with the terms and conditions thereof.

Harbours Act and Other Acts Amendment Act 1982, No. 14 147 For the purposes of this subsection " Crown " means the Crown in right of the Commonwealth or of this State or of any other State or Territory of the Commonwealth. (8) The Harbour Board may require the deposit of security for the due performance of any contract. (9) An amount prescribed for the purpose of any provision of this section shall be prescribed by way of Order in Council.". 23. Amendment of s. 59A. Works on behalf of Crown, etc. Section 59A of the Principal Act is amended by in subsection (1), omitting the last paragraph and substituting the following paragraph:- " For the purposes of this subsection " Crown " means the Crown in right of the Commonwealth or of this State or of any other State or Territory of the Commonwealth.". 24. Amendment of s. 62 . Power to acquire . Section 62 of the Principal Act is amended by in subsection (1), inserting at the end thereof the following paragraph:- " This section applies and, it is hereby declared, always did apply, to the acquisition of land by a Harbour Board pursuant to this section for residential purposes.". 25. Amendment of s. 62A. Designation of purpose for which lands held by Board . Section 62A of the Principal Act is amended by inserting after subsection (7) the following subsections:- " (8) This section does not apply to land acquired by a Harbour Board pursuant to section 62 for residential purposes while it continues to be used solely for such purposes. (9) Any designation under this section of any land used solely for residential purposes whether such designation was made before or after the commencement of the Harbours Act and Other Acts Amendment Act 1982, shall, from the time the land commences to be used solely for residential purposes, be void and of no effect whatever. (10) Where any land vested in or held by a Harbour Board ceases to be used solely for residential purposes, the Board shall designate the land pursuant to this section as if it had been acquired on the day on which it ceased to be used solely for such purposes.". 26. Amendment of s. 75 . Removal of vessels , etc., sunken or stranded, etc. Section 75 of the Principal Act is amended by- (a) in subsection (2)- (i) in paragraph (b)- (A) redesignating all words and expressions from and including "The proceeds of the sale" to and including "the property of the Board." as paragraph (ba); (B) omitting at the end of provision (ii) after the words " sell the same " the expression "." and substituting the expression " ; "

148 Harbours Act and Other Acts Amendment Act 1982, No. 14 (C) inserting after provision (ii) the following provisions:- (iii) may take possession of the vessel, aircraft or other thing or any part thereof and may sell the same for removal by the purchaser; (iv) may, if the vessel, aircraft or other thing or any part thereof is not fit for sale as a whole- (a) remove and take possession of the vessel, aircraft or other thing or any part thereof and sell the same for scrap material; (b) take possession of the vessel, aircraft or other thing or any part thereof and sell the same for scrap material for removal by the purchaser; or (c) dispose of the vessel, aircraft or other thing or any part thereof in such manner as the Board deems fit."; (ii) in paragraph (ba)- (A) inserting after the words " The proceeds of the sale " the words " pursuant to paragraph (b) "; (B) omitting the words and expression " paragraph (iii) " and substituting the words and expression " provision ( iii) "; (iii) inserting after paragraph (ba) the following paragraphs:- (bb) Without limiting the provisions of section 162 (1), in the case of the sale of a vessel, aircraft or other thing or any part thereof pursuant to this subsection, the liability of a Harbour Board to- (i) the owner of that thing; (ii) any other person claiming an interest in, or to have had an interest in, that thing; or (iii) two or more of the persons referred to in provisions (i) and (ii), shall be limited to an aggregate amount not exceeding the proceeds received by the Board from the sale less- (iv) the expenses of the Board in connexion with the removal or sale of that thing; and (v) all harbour dues and other charges due to the Board in respect of that thing. (bc) Without limiting the provisions of section 162 (1), the destruction or disposal otherwise than by sale of a vessel, aircraft or other thing or any part thereof pursuant to this subsection or subsection (2A), shall not render the Harbour Board liable, in any way whatsoever, to- (i) the owner of that thing; or (ii) any other person claiming an interest in, or to have had an interest in, that thing, in respect thereof."; (b) in subsection (2A)- (i) omitting in paragraph (a) the words and expressions " to sell pursuant to paragraph (b) (ii) of subsection (2)," and substituting the words and expressions ", pursuant to subsection (2), to sell or dispose of";

Harbours Act and Other Acts Amendment Act 1982, No. 14 149 (ii) inserting at the end of paragraph (a) the following subparagraph:- " The Board may place a reserve price in respect of any sale under subsection (2) and where it does so and that reserve price is not reached at the sale the Board may dispose of the vessel, aircraft or other thing or any part thereof in such manner as the Board deems fit.". 27. Amendment of s. 75A. Disposal of abandoned goods. Section 75A of the Principal Act is amended by in subsection (2), inserting at the end of paragraph (e) the following paragraphs:- " (ea) Without limiting the provisions of section 162 (1), in the case of the sale of abandoned property pursuant to this subsection, the liability of a Harbour Board to- (i) the owner of the property; (ii) any other person claiming an interest in, or to have had an interest in the property; or (iii) two or more of the persons referred to in provisions (i) and (ii), shall be limited to an aggregate amount not exceeding the proceeds received by the Board from the sale less- (iv) the expenses of the Board in connexion with the removal or sale of the property; and (v) all harbour dues and other charges due to the Board in respect of the property. (eb) Without limiting the provisions of section 162 (1), the disposal otherwise than by sale of abandoned property pursuant to this subsection, shall not render the Harbour Board liable, in any way whatsoever, to- (i) the owner of the property; or (ii) any other person claiming an interest in, or to have had an interest in, that property, in respect thereof.". 28. Amendment of s. 75B . Litter prevention . Section 75B of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the end of the definition of the term " put " the expression "." and substituting the expression " ; " ; (ii) inserting after the definition of the term " put " the following definition:- " " vehicle " includes a carriage , cart, dray, wagon, truck, hand-cart, barrow, bicycle, tricycle, motor cycle, motor car, motor omnibus, motor truck, motor utility truck, and a trailer attached to or drawn by a vehicle."; (b) omitting subsection (2) and the note appearing in and at the beginning of that subsection and substituting the following subsection:- " (2) Powers of officers . An officer of a Harbour Board, appointed and authorized either generally or in a particular case so to do may require a person- (a) whom he finds committing;

150 Harbours Act and Other Acts Amendment Act 1982, No. 14 (b) whom he reasonably suspects to be committing or to have committed; or (c) who is deemed pursuant to the provisions of subsection (6B) (a) to have committed, an offence against this section, to state his full name and usual place of residence."; (c) inserting after subsection (6) the following subsections:- "(6A) Penalties exacted by way of notice to offender . (a) When an officer of a Harbour Board duly authorized in that behalf observes a contravention of any provision of subsection (4) and, having regard to- (i) the type and quantity of litter concerned ; (ii) the place where the offence occurs; and (iii) the circumstances in which the offence occurs, the authorized officer believes that proceedings under this subsection are adequate, he may, upon ascertaining the full name and the usual place of residence of the offender, or of the person deemed to be the offender under this section, give him the notice specified in this subsection. (b) The notice shall- (i) be identified by a serial number; (ii) identify the person to whom it is given by his full name and usual place of residence; (iii) state in general terms the offence which the person has been found committing or which the person is deemed by subsection (6B) (a) to have committed ; (iv) inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a sum prescribed by by-law by way of penalty to the person named therein within the time appointed in the notice (which shall be not less than 10 days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (v) inform the person in general terms that he has the right to decline to proceed in the manner described in subparagraph (iv) and to allow the matter to be determined in a court hearing- (A) if he desires to contest the question whether the offence alleged was in fact committed ; (B) if he wishes to submit to the court matters in extenuation of penalty; or (C) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course; (vi) where the person is the driver or person in charge of a vehicle who pursuant to subsection ( 6B) (a) is deemed to have committed an offence, inform him in general terms of the provisions of subsection (6B) (b).

Harbours Act and Other Acts Amendment Act 1982, No. 14 151 (c) Where a person to whom a notice is given pursuant to paragraph (a) proceeds in the manner described in subparagraph (iv) of paragraph (b) within the time appointed in the notice a proceeding against him by way of prosecution for the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given. (6B) Offences in respect of vehicles . (a) Where an offence against subsection (4) consists of the putting or the dropping and leaving of litter on Harbour Board land from a vehicle and the authorized officer investigating the commission of the offence is unable to establish who committed the offence, the driver or person in charge of the vehicle shall be deemed to have committed the offence and may be proceeded against and shall be punishable accordingly. (b) Notwithstanding the provisions of paragraph (a), the driver or person in charge of a vehicle shall not, by virtue of that paragraph, be deemed to have committed the offence, if not later than 10 days after the date of service of a summons on him for that offence, he supplies to the secretary a statement in writing verifying, on oath or by statutory declaration, to the satisfaction of the secretary that some other person committed the offence and therein supplying the name of that other person and the address at which he may be readily located, or, if that name and address are not known to him, verifying to the satisfaction of the secretary that he did not know or could not find out the person's name and address. (c) In any prosecution instituted against a person named in the statement supplied under paragraph (b) a copy of the statement shall be served with the summons. The endorsement of a copy of the statement with an oath of service shall be evidence of that service and in the absence of evidence to the contrary shall be conclusive evidence of that service. (d) Subject to paragraph (c), the production by the prosecutor of a statement supplied under paragraph (b) shall be evidence of the facts stated therein and in the absence of evidence to the contrary shall be conclusive evidence of those facts. (e) The provisions of paragraph (a) whereby the driver or person in charge of a vehicle may be proceeded against for an offence against subsection (4) (which by paragraph (a) he is deemed to have committed) shall not prejudice or affect the liability of the person by whom the offence was actually committed to be proceeded against and punished therefor, save that where either of them has been punished for the offence by being convicted therefor or by paying pursuant to subsection (6A) the prescribed sum of money by way of penalty, then the other of them shall cease to be subject to any liability under this section in respect of the offence.".

152 Harbours Act and Other Acts Amendment Act 1982, No. 14 29. Amendment of s. 86 . Works on tidal lands or waters , etc., not to be constructed without sanction of Governor in Council . Section 86 of the Principal Act is amended by- (a) in subsection (3), inserting after provision (i) the following provisions " (ia) Where the works are proposed to be constructed or placed within a harbour for which a Harbour Board is for the time being constituted, the constructing authority, unless it is a Harbour Board, shall seek and submit with the plan specified in provision (i) a statement of the views of the Harbour Board concerned in respect of the proposed work. The statement shall include a statement whether the proposed work complies with the by-laws of the Board that apply with respect to the work (if any) and may, where a right to use and occupy the land concerned is not already held by the constructing authority and the Board does not propose to grant to the constructing authority a right to use and occupy the land concerned for the purpose proposed by way of a lease, licence or permit, include a statement by the Board that the Board would have no objection to the use and occupation of the land concerned for the purpose proposed without the issue by the Board of a lease, licence or permit. Where the Harbour Board's statement includes the statement that the Board would have no objection to the use and occupation of the land concerned for the purpose proposed without the issue by the Board of a lease, licence or permit, or where the constructing authority is a Local Authority or any other person or body approved by the Governor in Council for the purposes of this provision, the approval of the Governor in Council under this section shall, unless otherwise specified as a condition of the approval, be construed as a right to use and occupy the land concerned for the purpose proposed at the pleasure of the Governor in Council unless and until such right is withdrawn." (ib) Where the works are proposed to be constructed or placed in an area which is not within a harbour for which a Harbour Board is for the time being constituted, the approval of the Governor in Council under this section shall, unless otherwise specified as a condition of the approval, be construed as a right to use and occupy the land concerned for the purpose proposed at the pleasure of the Governor in Council unless and until such right is withdrawn. (b) inserting after subsection (4) the following subsection:- (5) This section applies, and it is declared has always applied, to the construction of harbour works or other works which comprise or include an artificial channel or lake or portion of an artificial channel or lake that is- (a) connected or intended to be connected with tidal water; and

Harbours Act and Other Acts Amendment Act 1982, No. 14 153 (b) intended to be used solely or mainly for the purpose of providing a harbour for vessels, and where approval has been given or is given for those works pursuant to this section, the artificial channel or lake or the portion thereof specified in the approval shall be deemed not to be a canal or portion of a canal within the meaning of the Canals Act1958-1979.". 30. Amendment of s. 98 . By-laws. Section 98 of the Principal Act is amended by in subsection (2)- (a) inserting at the end of paragraph (iii) the following subparagraph:- (f) Regulate and control vessels in the harbour in respect of all or any matters relating to the protection of life and property in or on wharves and docks, vessels in the harbour and the harbour; "; (b) inserting at the end of paragraph (xviii) the following subparagraph:- " (i) Require a person liable to pay harbour dues under this Act to give security to the Harbour Board for the due payment of the harbour dues ;". 31. Amendment of s. 101. By-laws made by Harbours Corporation. Section 101 of the Principal Act is amended by- (a) in subsection (IA) in the first paragraph inserting after the words " by by-law ", where they appear at the end of that paragraph, the words " or whereby a penalty is prescribed for any breach of the by-laws "; (b) omitting subsections (2) and (3). 32. Amendment of s. 102. By-laws made by Harbour Boards. Section 102 of the Principal Act is amended by- (a) in subsection (IA) in the first paragraph inserting after the words " by by-law ", where they appear at the end of that paragraph, the words " or whereby a penalty is prescribed for any breach of the by-laws "; (b) omitting subsections (2) and (3). 33. New ss. 104A and 104B . The Principal Act is amended by inserting after section 104 the following sections:- " 104A. Publication of by-laws and laying before Legislative Assembly. (1) Every by-law of the Harbours Corporation or a Harbour Board when approved by the Governor in Council shall- (a) be published in the Gazette; (b) upon publication in the Gazette, be judicially noticed; (c) take effect from the date of publication in the Gazette, or from such later date as is specified in the by-law; (d) be laid before the Legislative Assembly within 14 sitting days from the day of publication in the Gazette. 6

154 Harbours Act and Other Acts Amendment Act 1982, No. 14 (2) The Harbours Corporation shall cause the general purport of a by-law approyed pursuant to section 101 (lA) to be published at least once in a newspaper generally circulating in the locality to which the by-law relates. (3) The Harbour Board shall cause the general purport of a by-law approved pursuant to section 102 (1A) to be published at least once in a newspaper generally circulating in the Harbour Board District. (4) 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, shall cause the general purport of a by-law approved pursuant to section 102 (1A) to be published at least once in a newspaper determined by the corporation with the approval of the Minister. (5) If any by-laws are not laid before the Legislative Assembly in accordance with paragraph (d) of subsection (1) they shall be void and of no effect. (6) If the Legislative Assembly passes a resolution pursuant to a motion of which notice has been given at any time within 14 sitting days after any by-laws have been duly laid before it disallowing any of those by-laws, any by-law so disallowed shall thereupon cease to have effect. (7) Where a by-law is disallowed, the disallowance of the by-law shall have the same effect as a repeal of the by-law. (8) For the purposes of this section, the power of the Legislative Assembly to pass a resolution disallowing a by-law shall not be affected by the prorogation of the Parliament or the dissolution of the Legislative Assembly, and the calculation of days upon which the Legislative Assembly has sat shall be made as if there had been no such prorogation or dissolution. (9) A failure to lay by-laws before the Legislative Assembly in accordance with paragraph (d) of subsection (1) or a disallowance of by-laws shall not alter the effect of the doing, suffering or omission of anything done, suffered or omitted under, in accordance with or for the purposes of those by-laws, prior to such failure or disallowance. 1048 . Model By-laws . (1) Model by-laws may be prescribed in respect of any matter relative to which a Harbour Board or the Harbours Corporation may make by-laws under this Act. (2) A Harbour Board or the Harbours Corporation may by by-law adopt, wholly or in part by way of reference, any model by-laws prescribed under this section and such model by-laws shall have no force or effect until and except to the extent that they are adopted by a Harbour Board or the Harbours Corporation. (3) Where a Harbour Board or the Harbours Corporation adopts the whole or part of any model by-laws, it shall not be necessary to publish the whole or such part of the model by-laws, as the case may be, in the Gazette or to lay the whole or such part of the model by-laws as the case may be, before the Legislative Assembly pursuant to section

Harbours Act and Other Acts Amendment Act 1982, No. 14 155 104A but the by-law by which such whole or part of the model by-laws has been adopted shall be so published and so laid before the Legislative Assembly.". 34. Amendment of s. 105. Loan Fund . Section 105 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:- " (4) There shall be paid into the Loan Fund all moneys paid to the Harbour Board for the purposes of carrying out capital works, including moneys received by way of loan or subsidy for the purposes of this Act. Except with the approval of the Minister in writing who may approve the interim use of the Loan Fund for any purpose consistent with this Act, the Loan Fund shall be applied to expenditure necessarily incurred in carrying out the works or purposes in respect of which the loan liability was incurred or, as the case may be, the subsidies or other moneys were received.". 35. Amendment of s. 105A. Investment of funds. Section 105A of the Principal Act is amended by in subsection (1) omitting the words "the Reserve Bank of Australia" where they twice appear and substituting the words " its bank ". 36. Amendment of s. 107. Power to borrow , etc. Section 107 of the Principal Act is amended by in subsection (2) omitting the word " him " and substituting the words " the Board ". 37. Amendment of s. 110 . Section 110 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) At least once in each year the accounts of the Trustees of the Harbour Boards Debt Redemption Fund shall be audited by the Auditor- General or an authorized officer within the meaning of the FinancialAdministration and Audit Act1977-1978 directed by the Auditor-General, each of whom shall have with respect to such audit and account all the powers and authorities conferred on him by that Act. The Auditor-General shall report on the audit to the Minister through the Treasurer.". 38. Amendment of s. 114 . Section 114 of the Principal Act is amended by- (a) in subsection (3), omitting paragraph (b); and (b) inserting after subsection (3) the following subsection:- " (4) Inspection of books by members . All books containing records or minutes of proceedings of a Harbour Board, or of any committee thereof, and all books and accounts, annual and other statements of account, balance sheets, and all other books, vouchers and documents relating to the accounts of the Board, shall at all reasonable times during office hours be open to the inspection of a member of the Board who may at all reasonable times during office hours and without payment of any fee, make copies thereof or extracts therefrom. A person having the possession or custody of any such book, statement, balance sheet, voucher or document shall not on the reasonable

156 Harbours Act and Other Acts Amendment Act 1982, No. 14 demand of any such member fail to permit him at a time as aforesaid to inspect or to make copies of or extracts from the same. Penalty: $200.". 39. Amendment of s. 115 . Section 115 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The chairman and secretary of the Board shall certify under its seal as to whether in their opinion the statements, account and balance sheet referred to in subsection (1) fairly set out the financial transactions of the Board for the period to which they relate and show a true and fair view of the state of affairs of the Board at the close of that period."; (b) omitting subsections (4) and (5). 40. Amendment of s. 117. Audit. Section 117 of the Principal Act is amended by- (a) inserting at the end of subsection (1) the following paragraph:- If, in performing an audit pursuant to this section, the Auditor-General or authorized officer- (a) forms the opinion that the affairs of the Harbour Board and the business and management thereof have in any respect not been conducted efficiently and economically or have in any respect not been adequately performed in accordance with this Act or any other Act or law; or (b) considers that the conduct of any aspect of the affairs of the Board and the business and management thereof warrants further study by the Board with a view to improving the efficiency and economy of the Board or the adequacy of its performance, he shall, if he thinks fit, state such opinion and the reasons therefor in his report."; (b) omitting in subsection (3) the words and expression " financial statements and the manner of operating and maintaining the accounts in question." and substituting the words and expressions " financial statements, the manner of operating and maintaining the accounts in question and the improvement of the efficiency and economy of the conduct of any aspect of the affairs of the Board and the business and management thereof or the adequacy of its performance."; (c) in subsection (6) omitting the first paragraph and substituting the following paragraph:- " 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, if it is of the opinion that such loss may have arisen from a cause that could constitute an offence under The Criminal Code or any other Act or law, report the circumstances- (a) to the Commissioner of Police or the nearest Inspector of Police for investigation and, where a case is established, for prosecution of that offence; and (b) the Auditor-General.".

Harbours Act and Other Acts Amendment Act 1982, No. 14 157 41. Amendment of s. 118A. Annual Report. Section 118A of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The report shall include the income and expenditure account and balance sheet prescribed by section 115 (1), together with the certificates of the chairman and secretary prescribed by section 115 (2) and the certificate of the Auditor-General prescribed by section 117 (2)."; (b) inserting after subsection (3) the following subsections:- (4) Until the report has been laid before the Legislative Assembly pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed, until the release of the report has been approved by the Minister, it shall not 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 any officer of the Harbour Board or a person acting on behalf of the Board. (5) When the report has been laid before the Legislative Assembly pursuant to subsection (3) or the Minister has approved the release of the report pursuant to subsection (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 report is 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. (6) This section does not apply where a Local Authority is appointed pursuant to section 36A to carry on the functions of a dissolved Harbour Board.". 42. Amendment of s. 125. Liability for harbour dues payable in respect of vessel . Section 125 of the Principal Act is amended by inserting at the end of the section the following paragraph:- " Harbour dues in respect of the vessel shall become payable on the date the vessel departs from the harbour or such earlier date as the by-laws may prescribe and shall be paid within 30 days of such dues becoming payable.". 43. New section 127A. The Principal Act is amended by inserting after section 127 the following section:- " 127A. Penalty payment for unpaid harbour dues. When any harbour dues remain unpaid after the date on which they are required to be paid to the Harbour Board, there shall be added to such harbour dues a penalty payment at such percentage of the amount unpaid as may be fixed by the Board, at its discretion, by by-law. The percentage so fixed may vary between the respective monthly periods during which the harbour dues remain unpaid. Any such penalty payment shall be recoverable by the Board in the same manner as harbour dues are recoverable under this Act.".

158 Harbours Act and Other Acts Amendment Act 1982, No. 14 44. Amendment of s. 136A. Agreements for payments in lieu of harbour dues , etc. The Principal Act is amended by in section 136A omitting subsection (1) and substituting the following subsection:- "(1) Subject to this section and notwithstanding any other provisions of this Act, a Harbour Board may, with the approval of the Governor in Council by Order in Council, enter into an agreement with a person, providing- (a) for payments to be made to the Harbour Board in question in satisfaction of any or all harbour dues of various kinds, charges and other sums which, except for that agreement, would be payable to that Board pursuant to the provisions of this Act; (b) for the payment to the Harbour Board in question of harbour dues or other charges at rates in excess of the rates levied and charged by by-law under this Act; or (c) where harbour dues, charges and other sums are not levied and charged by by-laws pursuant to this Act in respect of the vessels or goods to which the agreement relates, for such payments to be made to the Harbour Board in question as are agreed upon.". 45. Amendment of s. 140 . Management of Government wharf may be vested in Harbour Board , etc. Section 140 of the Principal Act is amended by in subsection (4B) inserting at the end thereof the following paragraphs:- " The moneys received from such fees, dues, rates and charges shall be applied towards the costs incurred by the Harbours Corporation in the carrying out of its functions in respect of the provision of small craft facilities under this Act. The prescribed levies shall be payable to the Department of Harbours and Marine and the moneys received during a year shall be credited to the general fund kept by the Harbours Corporation.". 46. New section 140A. The Principal Act is amended by inserting after section 140 the following section:- " 140A. Boating Facilities Fee. The owner of a vessel required to be registered under the Queensland Marine Act 1958-1981 and of a class determined by Order in Council made under this section shall be liable to pay, in respect of that vessel, an annual boating facilities fee of the amount prescribed by the Order in Council. The moneys received from those fees shall be applied towards the costs incurred by the Harbours Corporation in the carrying out of its functions in respect of the provision of small craft facilities under this Act. The prescribed fee shall be payable by the owner of the vessel to the Marine Board of Queensland at the time of registration of the vessel or renewal thereof under the Queensland Marine Act 1958-1981, and the

Harbours Act and Other Acts Amendment Act 1982, No. 14 159 provisions of that Act in relation to fees payable thereunder shall apply and extend to fees payable under this section as if such fees were fees payable under that Act. The moneys received from such fees during a year shall be credited to the general fund kept by the Harbours Corporation.". 47. Amendment of s. 157 . Offences etc. Section 157 of the Principal Act is amended in subsection (2) by inserting after- (a) the words " this Act directs " the words " or requires "; (b) the words " the thing directed " the words " or required ". 48. Repeal of and new s. 166. Proclamations , regulations , etc. The Principal Act is amended by repealing section 166 and substituting the following section:- " 166. Publication of Proclamations and Orders in Council and laying before Legislative Assembly. (1) Every Proclamation and Order in Council made under this Act shall- (a) be published in the Gazette; (b) upon publication in the Gazette, be judicially noticed; (c) take effect from the date of publication in the Gazette, or from such later date as is specified in the Proclamation or Order in Council ; (d) be laid before the Legislative Assembly within 14 sittings days from the day of publication in the Gazette. (2) If any Proclamation or Order in Council is not laid before the Legislative Assembly in accordance with paragraph (d) of subsection (1) it shall be void and of no effect. (3) If the Legislative Assembly passes a resolution pursuant to a motion of which notice has been given at any time within 14 sitting days after any Proclamation or Order in Council has been duly laid before it disallowing a Proclamation or Order in Council any Proclamation or Order in Council so disallowed shall thereupon cease to have effect. (4) Where a Proclamation or Order in Council is disallowed, the disallowance of the Proclamation or Order in Council shall have the same effect as a repeal of the Proclamation or Order in Council. (5) For the purposes of this section, the power of the Legislative Assembly to pass a resolution disallowing a Proclamation or Order in Council shall not be affected by the prorogation of the Parliament or the dissolution of the Legislative Assembly, and the calculation of days upon which the Legislative Assembly has sat shall be made as if there had been no such prorogation or dissolution. (6) A failure to lay a Proclamation or Order in Council before the Legislative Assembly in accordance with paragraph (d) of subsection (1) or a disallowance of a Proclamation or Order in Council shall not alter the effect of the doing, suffering or omission of anything done, suffered or omitted under, in accordance with or for the purpose of that Proclamation or Order in Council, prior to such failure or disallowance.".

160 Harbours Act and Other Acts Amendment Act 1982, No. 14 49. Repeal of s. 167. Control by Parliament of regulations , etc. The Principal Act is amended by repealing section 167. 50. New ss. 168A and 168B. The Principal Act is amended by inserting after section 168 the following sections:- " 168A. Distribution of revenue from the operation of certain harbour works. (1) Where it is agreed between the Minister and a Harbour Board, or, in the case of the Harbours Corporation where the Minister determines, having regard to- (a) the benefits obtained or to be obtained by importers or exporters of goods from the provision or improvement of a harbour or specified harbour works within a harbour; (b) the source of funds used or to be used for the undertaking of the provision or improvement of the harbour or those harbour works, (including but without limiting the generality of the foregoing, the guarantee by the Treasurer of the repayment with interest of any borrowings or the carrying out of any terms and conditions of any financial arrangement); (c) the volume of trade using the harbour or specified harbour works within the harbour; or (d) any other factor affecting the financial position relating to the operations of the harbour, that it would be appropriate for a portion of the revenue received or to be received by the Board or the Harbours Corporation from the operation of the harbour or those harbour works to be applied towards a special purpose or special purposes, the Governor in Council may, by Order in Council, on the recommendation of the Minister, direct in respect of any specified period that an amount fixed by reference to the volume of goods passing over or through the harbour or those harbour works, or calculated in any other manner directed by the Governor in Council, shall be paid- (e) by the Board or the Harbours Corporation to a prescribed fund established and kept or to be established and kept by the Board or the Corporation, as the case may be, and made available for expenditure by the Board or the Corporation for a specified purpose or specified purposes; (f) by the Board or the Harbours Corporation to any other Harbour Board or to the Corporation as specified by the Governor in Council for use by that other Board or the Corporation, as the case may be, for a purpose specified by the Governor in Council; or (g) into any fund within the Public Accounts as specified by the Governor in Council. (2) An Order in Council issued pursuant to subsection (1) may provide for the amount so fixed to be allocated wholly or partly to any one or more of the several purposes referred to in that subsection.

Harbours Act and Other Acts Amendment Act 1982, No. 14 161 (3) An Order in Council issued pursuant to subsection (1) may be amended at any time to vary the manner in which the amount is to be calculated or to vary the manner in which the amount is to be allocated pursuant to that subsection. (4) A Harbour Board or the Harbours Corporation shall to the extent that it is directed to set aside or pay an amount specified pursuant to subsection (1) or to the extent that it is to benefit by the payment to it of an amount specified pursuant to subsection (1), take into account the anticipated expenditure or receipt, as the case may be, in the preparation of its budget for each financial year affected by that expenditure or receipt. 168B . Contribution to Local Authority in respect of development of land. Without limiting the provisions of the State Development and Public Works Organization Act 1971-1981- (a) in respect of the development or subdivision or proposed development or subdivision by a Harbour Board or the Harbours Corporation of land, that Board or the Corporation may pay to the Local Authority in which the land is situated such amount as is agreed between the Board or the Corporation and the Local Authority to be the amount that would be paid by another person in respect of a similar development or subdivision by that other person in relation to the provision of services and facilities in respect of the land; and (b) a Harbour Board or the Harbours Corporation may pay to a Local Authority the amount as is agreed between the Board or the Corporation and the Local Authority towards the cost incurred by the Local Authority in providing services and facilities to the community from which is drawn the labour to operate the harbour, activities associated with the harbour, or industries which contribute to the trade of the harbour.". 51. Amendment of s. 186 . Works on behalf of Crown, etc. Section 186 of the Principal Act is amended by inserting at the end of subsection (1) the following paragraph:- " For the purposes of this subsection " Crown " means the Crown in right of the Commonwealth or of this State or of any other State or Territory of the Commonwealth.". 52. Amendment of s. 190 . General power to contract . Section 190 of the Principal Act is amended by- (a) omitting in subsection (2) the definition of the term " Crown and substituting the following definition:- Crown " means the Crown in right of the Commonwealth or of this State or of any other State or Territory of the Commonwealth."; (b) omitting subsections (3) and (4) and substituting the following subsections:- " (3) Tenders and quotations for work , goods or materials . Except in the case of emergency, or for any cause considered sufficient by the Governor in Council either generally or in a particular case, but subject

162 Harbours Act and Other Acts Amendment Act 1982, No. 14 to section 66, 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) 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 in such manner as to encourage a reasonable measure of competition. (4) Except in the case of emergency, or for any other cause considered sufficient by the Harbours Corporation, the Corporation shall not enter into any contract for the execution of any work or the furnishing of any goods or materials for an amount exceeding the amount prescribed but not exceeding the amount prescribed under subsection (3), unless and until it has invited quotations for such contract in such manner as to encourage a reasonable measure of competition. In approving any cause as sufficient for the purposes of this subsection the Governor in Council may stipulate conditions which are to apply to the making of any such contract pursuant to such approval and the Harbours Corporation shall comply with any such conditions. (5) 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. In determining which tender or quotation is the most advantageous in respect of a contract for the furnishing of any goods or materials to be financed either wholly or partly by way of money borrowed or raised pursuant to the provisions of section 197 or by way of subsidy paid by the Treasurer, the Corporation shall take into consideration the requirements of the Treasurer at the material time in relation to the granting of preference to manufacturers. (6) (a) Notwithstanding the provisions of subsection (3) and (4) and subject to section 66 the Harbours Corporation in the case of a sale of land or of any surplus goods or materials- (i) may sell the land, goods or materials by public auction; (ii) may, where the value of the land, goods or materials in the opinion of the Harbours Corporation does not exceed the prescribed amount effect a sale in such manner as it thinks fit; (iii) shall, where the value of the land, goods or materials in the opinion of the Harbours Corporation exceeds the amount prescribed under provision (ii) and it does not elect to sell the land, goods or materials by public auction invite tenders in the manner required by subsection (3). Where tenders are invited, the Harbours Corporation may accept the tender 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. (b) In any case where, pursuant to this subsection, the Harbours Corporation has offered any land or any surplus goods or materials for sale by tender or public auction and a sale does not eventuate, the Corporation may, within 12 months after such offer for sale, sell such

Harbours Act and Other Acts Amendment Act 1982, No. 14 163 land, goods or materials by private contract: Provided that the sale price in respect of that sale by private contract shall not be less than the highest amount that was offered in respect of the offer for sale by tender or public auction as aforesaid. (c) Where the Harbours Corporation intends to offer for sale by public auction any land or any surplus goods or materials the Corporation shall, not more than 14 nor less than 7 days before the date of the public auction, advertise in a newspaper circulating in the locality the day, time and place when and where the public auction will take place and a full description of the land or, as the case may be, surplus goods or materials in question. (d) Where the Harbours Corporation intends to offer for sale by public auction any land, the Corporation shall, not more than 14 nor less than 7 days before the public auction, cause to be affixed on some conspicuous part of the land a notice setting out the day, time and place and a full description of the land. (e) Any offer for sale by public auction to which this subsection applies may be at a reserve price determined by the Harbours Corporation. (7) Unless otherwise directed by the Minister, this section does not apply to leases, licences or permits to be granted or authorized pursuant to section 65 or section 196. (8) Subject to section 66, the provisions of subsections (3) and (4) do not apply- (a) where the contract to be entered into is one 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; (b) to the sale of land by the Harbours Corporation to a person who, under a lease granted by the Corporation, has developed the land in accordance with the terms and conditions of the lease and has otherwise complied with the terms and conditions thereof. (9) The Harbours Corporation may require the deposit of security for the due performance of any contract. (10) An amount prescribed for the purpose of any provision of this section shall be prescribed by way of Order in Council.". 53. Amendment of s. 206. Funds and accounts of Harbours Corporation. Section 206 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- " (3) There shall be paid into the loan fund all moneys paid to the Harbours Corporation for the purposes of carrying out capital works, including moneys received by way of loan, grants from State Loan Fund, or subsidy for the purposes of this Act.

164 Harbours Act and Other Acts Amendment Act 1982, No. 14 Except with the approval of the Minister in writing who may approve the interim use of the Loan Fund for any purpose consistent with this Act, the loan fund shall be applied to expenditure necessarily incurred in carrying out the works or purposes in respect of which the loan liability was incurred or, as the case may be, the grants, subsidies or other moneys were received.". 54. Repeal of and new s. 208. Accounts . The Principal Act is amended by repealing section 208 and substituting the following section:- " 208. Accounts and Audit . (1) The Harbours Corporation shall accurately keep such accounts, books and records of its receipts and disbursements as are prescribed. (2) The accounts of the Harbours Corporation shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1978 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 Corporation in respect of the audit shall be fixed by the Auditor -General. (3) The Auditor-General shall certify whether the statements of account prepared on behalf of the Corporation- (a) are, where applicable, prepared in the form required by this Act; (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. (4) 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 with respect to the financial statements and the manner of operating and maintaining the accounts in question. . The Minister shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection. (5) The Auditor-General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Corporation 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.".

Harbours Act and Other Acts Amendment Act 1982, No. 14 165 PART 111-AMENDMENTS OF PORT OF BRISBANE AUTHORITY ACT 1976-1979 55. Citation . (1) In this Part the Port of Brisbane Authority Act1976-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Port of Brisbane Authority Act1976-1982. 56. Repeal of and new s. 26. Loan Fund. The Principal Act is amended by repealing section 26 and substituting the following section:- " 26. Loan Fund . There shall be paid into the Loan Fund all moneys paid to the Port Authority for the purposes of carrying out capital works, including moneys received by way of loan or subsidy for the purposes of this Act. Except with the approval of the Minister in writing who may approve the interim use of the Loan Fund for any purpose consistent with this Act, the Loan Fund shall be applied to expenditure necessarily incurred in carrying out the works or purposes in respect of which the loan liability was incurred or, as the case may be the subsidies or other moneys were received.". 57. Amendment of s. 28. Investment of funds . Section 28 of the Principal Act is amended by in subsection (1), omitting the words " the Reserve Bank of Australia " where they twice appear and substituting the words " its bank ". 58. Amendment of s. 48. Annual accounts of Port Authority . Section 48 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The Chairman and General Manager of the Port Authority shall certify under its seal as to whether in their opinion the statements, accounts and balance sheets referred to in subsection (1) fairly set out the financial transactions of the Authority for the period to which they relate and show a true and fair view of the state of affairs of the Authority at the close of that period."; (b) omitting subsections (4) and (5) and substituting the following subsection:- " (4) All books containing records or minutes of proceedings of the Port Authority, or of any committee thereof, and all books and accounts, annual and other statements of account, balance sheets, and all other books, vouchers and documents relating to the accounts of the Authority, shall at all reasonable times during office hours be open to the inspection of a member of the Authority who may at all reasonable times during office hours and without payment of any fee, make copies thereof or extracts therefrom. A person having the possession or custody of any such book, statement, balance sheet, voucher or document shall not, on the reasonable demand of any such member, fail to permit him at a time as aforesaid to inspect or to make copies of or extracts from the same. Penalty: $200.".

166 Harbours Act and Other Acts Amendment Act 1982, No. 14 59. Amendment of s. 49. Audit. Section 49 of the Principal Act is amended by- (a) inserting at the end of subsection (1) the following paragraph:- If, in performing an audit pursuant to this section, the Auditor-General or authorized officer- (a) forms the opinion that the affairs of the Port Authority and the business and management thereof have in any respect not been conducted efficiently and economically or have in any respect not been adequately performed in accordance with this Act or any other Act or law; or (b) considers that the conduct of any aspect of the affairs of the Port Authority and the business and management thereof warrants further study by the Authority with a view to improving the efficiency and economy of the Authority or the adequacy of its performance, he shall, if he-thinks fit, state such opinion and the reasons therefor in his report."; (b) in subsection (2), in paragraph (c) inserting after the words "of that period" the words "on a basis consistent with that applied in respect of the financial year last preceding "; (c) omitting in subsection (3) the words and expression " financial statements and the manner of operating and maintaining the accounts in question." and substituting the words and expressions " financial statements, the manner of operating and maintaining the accounts in question, and the improvement of the efficiency and economy of the conduct of any aspect of the affairs of the Port Authority and the business and management thereof or the adequacy of its performance."; (d) inserting after subsection (5) the following subsection:- (6) Whenever it appears to, or comes to the knowledge of the Port Authority that any money or property of or received by the Authority is stolen or not accounted for, the Authority shall, if it is of the opinion that such loss may have arisen from a cause that could constitute an offence under The Criminal Code or any other Act or law, report the circumstances to- (a) the Commissioner of Police for investigation and, where a case is established, for prosecution of that offence; and (b) the Auditor-General. The Authority shalt 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 Authority which is stolen or not accounted for, nor withhold any evidence for the purpose 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.".

Harbours Act and Other Acts Amendment Act 1982, No. 14 167 60. Amendment of s. 77 . Annual report . Section 77 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The report shall include the income and expenditure accounts and balance sheets prescribed by section 48 (1), together with the certificates by the Chairman and General Manager prescribed by section 48 (2) and the certificate of the Auditor-General prescribed by section 49 (2)."; (b) inserting after subsection (3) the following subsections:- (4) Until the report has been laid before the Legislative Assembly pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed until the release of the report has been approved by the Minister, it shall not be sold or made available to any person other than th° 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 Port Authority or a person acting on behalf of the Authority. (5) When the report has been laid before the Legislative Assembly pursuant to subsection (3) or the Minister has approved the release of the report pursuant to subsection (4), the Port Authority shall cause to be published in a newspaper circulating in the City of Brisbane a notice to the effect that the report is open to inspection at the public office of the Authority and that a copy thereof may be purchased by payment to the Authority of an amoul.t specified which may be fixed from time to time by resolution of the Authority.". PART IV-AMENDMENTS OF GOLD COAST WATERWAYS AUTHORITY ACT 1979-1980 61. Citation . (1) In this Part the Gold Coast Waterways AuthorityAct1979-1980 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Gold Coast Waterways Authority Act1979-1982. 62. Amendment of s. 15 . Works not to be constructed without the approval of the Authority . Section 15 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsections:- (1A) On and from the date of commencement of the Harbours Act And Other Acts Amendment Act 1982 the provisions of sections 86 to 90, both inclusive, of the Harbours Act 1955-1982 shall no longer apply to any harbour works or other works of any kind or any pile or other structure that is constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) other than for private use after that date. (113) Notwithstanding the provisions of subsections (1) and (lA), section 86 of the Harbours Act 1955-1982 shall continue to apply to the construction of the works that are specified in section 86 (5) of that Act and are connected or intended to be connected with tidal water in the Waterways.";

168 Harbours Act and Other Acts Amendment Act 1982, No. 14 (b) in subsection (3), (i) omitting in paragraph (a) the words and expressions ", for private use,"; and (ii) omitting paragraph (b) and substituting the following paragraph:- " (b) The Authority in granting an approval under this section may, where a right to use and occupy the land in question is not already held by the person concerned, as a condition of the approval require the person concerned to make application to the Authority for the issue of a lease, licence or permit by the Authority for the use and occupation of the land concerned. Where that condition is not imposed by the Authority, the approval of the Authority under this section shall be construed as a right to use and occupy the land in question for the purpose proposed at the pleasure of the Authority unless and until such right is withdrawn.". 63. Amendment of s. 16. Restriction on works affecting Waterways and navigation . Section 16 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " for private use "; and (ii) in subparagraph (b) omitting the words " is to be located in an area that is mentioned in section 15 (3) (b) and "; (b) in subsection (2) omitting the words " for private use "; and (c) omitting subsection (3). 64. Amendment of s. 17. Works to be lighted . Section 17 of the Principal Act is amended by in subsection (1) omitting the words " for private use ". 65. Amendment of s. 18. Powers of Authority in respect of works. Section 18 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- (IA) On and from the date of commencement of the Harbours Act and Other Acts Amendment Act 1982 the provisions of section 89 of the Harbours Act 1955-1982 shall no longer apply to any harbour works, structure, or other work whatsoever that was constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) other than for private use prior to that date."; (b) in subsection (2) omitting the words " for private use ". 66. Amendment of s. 20. Buoy mooring not to be cast on bed of Waterways . Section 20 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- (IA) On and from the date of commencement of the Harbours Act and Other Acts Amendment Act 1982 the provisions of section 198 of the Queensland Marine Act 1958-1981 shall not apply to any buoy

Harbours Act and Other Acts Amendment Act 1982, No. 14 169 mooring cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways other than for private use after that date."; (b) in subsection (2), (i) omitting the expression " (a) "; (ii) omitting the words " for private use "; (iii) omitting the expression " $400 " and substituting the expression " $2 000 "; and (iv) omitting paragraph (b) ; (c) in subsection (3), (i) omitting the words " for private use "; (ii) omitting the words and expression " $30 for each and every day during which failure so continues " and substituting the expression "$100"; (iii) inserting at the end of the subsection the following paragraphs:- "A notice may be given under this subsection and proceedings may be taken upon a failure to comply with the direction contained in the notice whether or not proceedings are taken for a contravention of- subsection (2). Upon a failure to comply with the direction given by a notice and without prejudice to any proceedings which may be taken upon that failure, or where a notice is not given, theAuthority may take all the steps and do all the things that it deems necessary for the removal of the buoy mooring cast, placed, or left or caused to be cast, placed or- left contrary to the provisions of subsection (2) and for the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of those powers from the person who cast, placed, or left or caused to be cast, placed or left that buoy mooring by action as for a debt in any court of competent jurisdiction. If the person referred to in this subsection is unknown or cannot be readily found, the Authority may remove the buoy mooring, and may dispose of it by sale or otherwise."; (d) inserting after subsection (3) the following subsections:- (3A) Where a buoy mooring is in the opinion of the Authority liable to impede or restrict navigation, development, or access to any property, or where for other good cause shown the Authority considers that a buoy mooring should be removed, the Authority may by notice given in writing under the hand of the manager, direct any person who has cast, placed, or left, or caused to be cast, placed or left a buoy mooring or any person to whom a buoy mooring has been transferred to remove the same and restore the site of the mooring to its former condition as nearly as practicable within such time as the Authority may specify in the notice, notwithstanding that the approval of the Authority has been obtained or deemed to have been obtained pursuant to this section. (3B) Where a person fails to comply with a direction made pursuant to subsection (3A) or where the person is unknown or cannot be readily found the Authority may remove the buoy mooring, and may dispose of it by sale or otherwise.

170 Harbours Act and Other Acts Amendment Act 1982, No. 14 (3c) Where a buoy mooring is sold or transferred to another person, the person selling or transferring the mooring shall not fail to advise the Authority in writing of the transaction within 28 days of the sale or transfer, giving the name and address of the person to whom the buoy mooring has been sold or transferred. Penalty: $500."; (e) inserting after subsection (4) the following subsection: " (5) Every buoy mooring of whatever kind or description that, other than for private use, was- (a) with the approval of the Marine Board of Queensland, cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways; (b) cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of that part of the Waterways comprising the Southport Boat Harbour (being the area as shown delineated on plan H109 held at the office of the Department of Harbours and Marine, Brisbane), :and existing at the date specified in subsection (IA) shall be deemed to have been so cast, placed or left with the approval of the Authority duly given pursuant to this section.". 67. Repeal of and new s. 27. Loan Fund . The Principal Act is .amended by repealing section 27 and substituting the following section:- " 27. Loan Fund . There shall be paid into the Loan Fund all moneys paid to the Authority for the purposes of carrying out capital works, including moneys received by way of loan or subsidy for the purposes of this Act. Except with the approval of the Minister in writing who may approve the interim use of the Loan Fund for any purpose consistent with this Act, the Loan Fund shall be applied to expenditure necessarily incurred in carrying out the works or purposes in respect of which the loan liability was incurred or, as the case may be the subsidies or other moneys were received.". 68. Amendment of s. 50 . Annual accounts of Authority . Section 50 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The chairman and manager of the Authority shall certify under its seal as to whether in their opinion every statement, account and balance sheet referred to in subsection (1) fairly set out the financial transactions of the Authority for the period to which they relate and show a true and fair view of the state of affairs of the Authority at the close of that period."; (b) omitting subsections (4) and (5) and substituting the following subsection:- " (4) All books containing records or minutes of proceedings of the Authority or of any committee thereof, and all books and accounts, annual and other statements of account, balance sheets, and all other

Harbours Act and Other Acts Amendment Act 1982, No. 14 171 books, vouchers and documents relating to the accounts of the Authority, shall at all reasonable times during office hours be open to the inspection of a member of the Authority who may at all reasonable times during office hours and without payment of any fee, make copies thereof or extracts therefrom. A person having the possession or custody of any such book, statement, balance sheet, voucher or document shall not on the reasonable demand of any such member fail to permit him at a time as aforesaid to inspect or to make copies of or extracts from the same. Penalty: $200.". 69. Amendment of s. 51. Audit of accounts . Section 51 of the Principal Act is amended by- (a) inserting at the end of subsection (1) the following paragraph:- If, in performing an audit pursuant to this section, the Auditor-General or authorized officer- (a) forms the opinion that the affairs of the Authority and the business and management thereof have in any respect not been conducted efficiently and economically or have in any respect not been adequately performed in accordance with this Act or any other Act or law; or (b) considers that the conduct of any aspect of the affairs of the Authority and the business and management thereof warrants further study by the Authority with a view to improving the efficiency and economy of the Authority or the adequacy of its performance, he shall, if he thinks fit, state such opinion and the reasons therefor in his report."; (b) in subsection (2), in paragraph (c) inserting after the words " of that period " the words " on a basis consistent with that applied in respect of the financial year last preceding "; (c) omitting in subsection (3) the words and expression " financial statements and the manner of operating and maintaining the accounts in question." and substituting the words and expressions " financial statements, the manner of operating and maintaining the accounts in question, and the improvement of the efficiency and economy of the conduct of any aspect of the affairs of the Authority and the business and management thereof or the adequacy of its performance."; (d) in subsection (6), omitting the first paragraph and substituting the following paragraph:- " Whenever it appears to, or comes to the knowledge of the Authority that any money or property of or received by the Authority is stolen or not accounted for, the Authority shall, if it is of the opinion that such loss may have arisen from a cause that could constitute an offence under The Criminal Code or any other Act or law, report the circumstances to- (a) the Commissioner of Police or the nearest Inspector of Police for investigation and, where a case is established, for prosecution of that offence; and (b) the Auditor-General.".

172 Harbours Act and Other Acts Amendment Act 1982, No. 14 70. Amendment of s. 77. Annual report. Section 77 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- " (2) The report shall include the income and expenditure account and balance sheet prescribed by section 50 (1), together with the certificates by the chairman and manager prescribed by section 50 (2)^ and the certificate of the Auditor-General prescribed by section 51 (2)."; (b) inserting after subsection (3) the following subsections:- (4) Until the report has been laid before the Legislative Assembly pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed until the release of the- report has been approved by the Minister, it shall not 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 Authority or a person acting on behalf of- the Authority. (5) When the report has been laid before the Legislative Assembly pursuant to subsection (3) or the Minister has approved the release of the report pursuant to subsection (4) the Authority shall cause to be published in a newspaper circulating in the City of Gold Coast a notice to the effect that the report is open to inspection at the public office of the Authority and that a copy thereof may be purchased by payment to the Authority of an amount specified which may be fixed from time to timer by resolution of the Authority.".