Harbours Acts Amendment Act of 1963 (Qld)

86 (Queensfaub ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 19 of 1963 An Act to Amend "T he Harbours Acts, 1955 to 1962," in certain particulars [ASSENTED TO 9TH DECEMBER, 1963] 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. (1) Short title . This Act may be cited as " The Harbours Acts Amendment Act of 1963." (2) Principal Act. " The Harbours Acts, 1955 to 1962," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Harbours Acts, 1955 to 1963." 2. Amendments of s. 27. Section twenty-seven of the Principal Act is amended- (a) by renumbering as subsection (1.) the provisions thereof to and including paragraph (xv) and by in that subsection as so renumbered- (i) omitting from the general words preceding paragraph (i) the words " by members of a Local Authority or Local Authorities, of the elective members of every Harbour Board " and inserting in their stead the words " by members of the Local Authorities comprised in a group of two or more Local Authorities of any elective member or elective members of a Harbour Board "; and

.Harbours Acts Amendment Act of 1963, No. 19 87 (ii) omitting subparagraph (a) of paragraph (xiii) and inserting in its stead the following subparagraph: " (a) He shall prepare, so that the voter may effectually conceal the name of the person or persons for whom he has voted, a ballot-paper in or to the effect of the following form:- A Gummed Edge Perforation NOTE.-This ballot-paper must be posted to the returning officer at [place of election] so as to reach him before twelve o'clock noon on the day of 19 [day of election and count]. HOW TO VOTE Mark your vote by placing the figure 1 in the square opposite the name of the candidate for whom you vote (or, if more than one member is to be elected, the figures 1, 2 and so on up to and including the number respectively in the squares opposite the names of the candidates for whom you vote). -(Initials of Returning Officer.) Fold the paper here B u BROWN, JOHN u GREEN, CHARLES u SMITH, ALFRED u WILLIAMS, GEORGE Perforation ---------------••------•-------------------------°-----------------g-•--------- -------------------------------------..------- A Gummed Ed e B -----•--••-------------•--••--•-•---.............................--------------------------•------•-----........----------------------- Perforation THE [Name] HARBOUR BOARD I* of am a member of the [Name of Local Authority] included in the group of Local Authorities comprising [set out the names of the Local Authorities which comprise the group] the members whereof are entitled to elect one member (or members) of the above Harbour Board at the election of members thereof which is to take place on the day of 19 Voter. *Christian name and surname in full."

88 Harbours Acts Amendment Act of 1963, No. 19 (b) by inserting after the provisions thereof renumbered subsection (1.) by this section the following subsection:-- " (2.) In respect of the first election and every triennial election and extraordinary election under this Act by members of a Local Authority of an elective member or elective members of a Harbour Board the Local Authority shall- (a) At its meeting first held after the triennial election in question of its members; or (b) In the case of an extraordinary election at its meeting held on the date appointed by the Governor in Council for holding the extraordinary election in question or, if it does not meet on that date, first held after that date, (or at some adjournment of the meeting mentioned in subparagraph (a) or subparagraph (b) of this subsection, as the case may be, held within one month after that meeting was first adjourned) elect by resolution the elective member or elective members of the Harbour Board to be elected by it."; and (c) by renumbering paragraphs (xvi) and xvii) to be respectively subsections (3.) and (4.). 3. Repeal of and new s. 38. The Principal Act is amended by repealing section thirty-eight and inserting in its stead the following section :- " [38.) Chairman and deputy chairman. (I.) At the meeting of a Harbour Board first held after the conclusion of the first and of every triennial election or extraordinary election under this Act of the elective members thereof (or at some adjournment of that meeting held within one month of the time when that meeting was first adjourned) the members present shail elect from the members of the Board one to be chairman and one to be deputy chairman of the Harbour Board. (2.) At every meeting for the election of a chairman and deputy chairman the secretary shall preside and shall have and may exercise all the powers and authorities of the chairman other than the right to vote. (3.) If for any reason either the chairman or the deputy chairman or both the chairman and the deputy chairman of a Harbour Board are not elected in accordance with the provisions of subsection (L) of this section, the Governor in Council may thereupon appoint by Order in Council published in the Gazette from the members of the Board a chairman, or a deputy chairman, or a chairman and a deputy chairman, as the case requires. (4.) Subject to this Act the chairman and the deputy chairman respectively shall hold his office as chairman or, as the case may be, deputy chairman during the term of his membership of the Board in relation whereto he was elected to such office. (5.) In respect of the offices of chairman and deputy chairman of a Harbour Board subsisting at the enactment of this section- (a) This section applies on and from the date of the conclusion of the triennial election under this Act next occurring after the enactment of this section; and (b) Until the date mentioned in paragraph (a) of this subsection, the provisions of section thirty-eight of " The Harbours Acts, 1955 to 1962," shall be deemed to continue in force."

Harbours Acts Amendment Act of 1963 , No. 19 89 4. Repeal of s. 39. The Principal Act is amended by repealing section thirty-nine. 5. Amendments of s. 42 . Section forty-two of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1.) (a) When a new Harbour Board is first constituted, the Board shall hold its first meeting at such time and place as the Governor in Council appoints. (b) Subject to paragraph (a) of this subsection a Harbour Board shall appoint by by-law or by resolution the times at which it will meet for the transaction of business. A Harbour Board may by resolution appoint any place within its District as the place whereat it will meet at the time specified in the resolution and may meet at such place accordingly. Save a meeting appointed by a Harbour Board by resolution to be held at another place the Board shall meet for the transaction of business at its office at the appointed times."; (b) in subsection (3) omitting the second paragraph; and (c) adding to subsection (6) the following paragraph:- " For the purposes of this Act, where the whole number of members of a Harbour Board is an even number, a majority of such whole number shall be deemed to be present at any meeting if the chairman is present and he and the other members present constitute one-half of such whole number." 6. Amendments of s. 80 . Section eighty of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the words " The Minister administering " The Navigation Acts, 1876 to 1950," and the Secretary for Public Lands " and inserting in their stead the words " The Minister administering " The Queensland Marine Acts, 1958 to 1963," and the Minister administering " The Land Acts, 1962 to 1963," "; and (ii) omitting the words " section one hundred and seventy-nine of "The Land Acts. 1910 to 1955," " and inserting in their stead the words " Division I. of Part VIII. of " The Land Acts, 1962 to 1963 " "; (b) in subsection (2)- (i) omitting the words " Governor in Council," where appearing in subparagraph (a) of the second paragraph, and inserting in their stead the words " Minister administering " The Land Acts, 1962 to 1963 " "; (ii) omitting the words " section one hundred and twenty-one of " The Land Acts, 1910 to 1958," where appearing in subparagraph (b) of the second paragraph, and inserting in their stead the words "Division II. of Part VII. of "The Land Acts, 1962 to 1963 " " ;

90 Harbours Acts Amendment Act of 1963, No. 19 (iii) omitting the words " Governor in Council ", where appearing in subparagraph (b) of the second paragraph, and inserting in their stead the words " Minister administering " The Land Acts, 1962 to 1963 " ";. (iv) omitting the words " sections six to nine, both inclusive, of " The Land Acts, 1910 to 1958," " where appearing in the third paragraph, and inserting in their stead the words" Division I. of Part II. of " The Land Acts, 1962 to 1963 " "; and (v) omitting the words " " The Land Acts, 1910 to 1958," " where appearing in the fourth paragraph, and inserting in their stead the words "" The Land Acts, 1962 to 1963 " ". 7. Amendment of s. 102 (1). Subsection (1) of section one hundred and two of the Principal Act is amended by omitting the words " thirty days ", where appearing in paragraph (ii), and inserting in their stead the words " twenty-one days ". 8. Amendments of s. 108. Section one hundred and eight of the Principal Act is amended by- (a) omitting paragraphs (iii) and (iv) of subsection (2); (b) omitting subsections (3), (4), (5) and (6); and (c) omitting in subsection (7) the words " or without taking any poll of electors in that behalf ".