Hospitals Act Amendment Act 1980 (Qld)

118 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1980 An Act to amend the Hospitals Act 1936-1979 in certain particulars (ASSENTED TO 24TH APRIL, 1980)

Hospitals Act Amendment Act 1980, No. 12 119 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title, citation and commencement . (1) This Act may be cited as the Hospitals Act Amendment Act 1980. (2) The Hospitals Act 1936-1979 as amended by this Act may be cited as the Hospitals Act 1936-1980. (3) This Act shall come into operation on a date to be fixed by Proclamation. 2. Amendment of s. 5C. Section 5c of the Principal Act is amended. by- (a) in subsection (1), omitting subparagraph (a) and substituting the following subparagraph:- (a) the term " the Central Accounting Bureau " means the organisation established for the purposes of- (i) the co-ordinated exercise and control of the functions, duties and responsibilities of a financial nature of The North Brisbane Hospitals Board, The South Brisbane Hospitals Board, The Chermside Hospitals Board, and any other Board that may be constituted for a District situated within the area comprised by the City of Brisbane that is specified by Order in Council as being included in the organisation; (ii) where a Board is authorised to borrow moneys, arranging, where requested so to do, debenture, bond or inscribed stock borrowing on behalf of the Board; (iii) where so empowered by this Act, establishing and maintaining a registry for the inscription of stock and the keeping of stock registers and a record of debentures and bonds issued by Boards;"; (b) adding at the end of the section the following subsection:- (7) Where the Central Accounting Bureau arranges a debenture, bond or inscribed stock borrowing on behalf of a Board it shall have power to deal with all negotiations and tfansactions concerned with such borrowing and any dealing concerned with any debenture, bond or inscribed stock issued in respect of such borrowing and to keep an inscribed stock registry or registries on behalf of the Board.". 3. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) omitting subparagraph (a) of subsection (3) and substituting the following subparagraph:- (a) Include in a district any Area or Areas or any division or divisions or part or parts of any Area or Areas which is or are not included in a district whether such Area, division or part is or such Areas, divisions or parts are contiguous with such district or not;";

120 Hospitals Act Amendment Act 1980, No. 12 (b) omitting subparagraph (a) of subsection (4) and substituting the following subparagraph:- (a) Abolish any district or districts and include such district or districts or parts of such district or districts in another district whether such district or districts or parts are contiguous with that other district or not;"; (c) in paragraph (i) of subsection (6), (i) omitting the words "joined to "; (ii) omitting the words " to which " and substituting the words " in which "; (iii) omitting the word "joined" where secondly occurring and substituting the word " included ". 4. Amendment of s. 18B 0 Section 188 of the Principal Act is amended by in paragraph (a) of subsection (1)- (a) omitting the word " higher " and substituting the words " equivalent to or higher "; (b) omitting the expression " grade I." and substituting the expression " classification I-1 "; (c) inserting after the words " industrial agreement) " the words " or in the position of supervising stenographer, supervising machinist or supervising clerk-typist ". 5. Amendment of s. 21. Section 21 of the Principal Act is amended by, in subsection (1) omitting the paragraph commencing with the words " Moneys shall be paid " and substituting the following paragraph:- " Moneys shall be paid out of any such bank account by means of cheque only signed and countersigned as prescribed.". 6. Amendment of s. 24. Section 24 of the Principal Act is amended by- (a) in subsection (7), (i) omitting paragraph (i) and the note appearing immediately before that paragraph and substituting the following paragraph:-- " ( i) Conditions , etc., of debentures, bonds and inscribed stock. Debentures, bonds and inscribed stock issued by the Board- (a) shall be issued in such series or sold in such amounts or parcels, at such times and places and in such manner as the Board thinks fit; (b) shall with interest thereon be a charge upon all the revenues of the Board, subject to any prior debentures, bonds or stock issued according to this Act; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State

Hospitals Act Amendment Act 1980 , No. 12 121 as respectively authorised by the Governor in Council pursuant to subsection (1); (d) may, in the case of any debentures or bonds with the consent of the holder thereof, or in the case of any inscribed stock with the consent of the registered owner thereof, be paid off at any time previous to the due date thereof at no more than the par value thereof or (with the consent of the Governor in Council) at a premium, with interest thereon to date of payment only. A person advancing money to the Board and receiving in consideration of such advance any debentures, bonds or stock issued under the authority of this Act shall not be bound to inquire whether the issue of such security was in fact duly authorised or into the application of the money advanced or be in any way responsible for the non-application or misapplication thereof."; (ii) inserting after paragraph (ii) the following paragraphs:-- " (iia) In the case of an application to purchase debentures or inscribed stock other than by public tender, the Board may require the applicant to lodge with his application, as security, all or part of the purchase consideration. . Where the application is accepted, the debentures or inscribed stock issued pursuant to the, application shall bear interest at the rate approved in accordance with this section on the amount lodged as security from the date of lodgment. Where the application is not accepted, the Board shall refund forthwith any amount so lodged as security. (iib) No notice of any trust express, implied or constructive shall be received by the Board or by an employee or other servant or an agent of the Board in relation to any debentures, bonds or stock issued under the authority of this Act, and the Board or any such servant or agent shall not be bound to see to the execution of any such trust to which any such debentures, bonds or any part of such stock may be subject. (iic) An investment, unless expressly forbidden by the instrument (if any) creating the trust, by a trustee of trust funds in any debentures, bonds or stock issued under the authority of this Act shall be and be deemed to be an authorised investment by the trustee pursuant to the provisions of section 21 of the Trusts Act1973 and that Act shall be read and construed accordingly."; (iii) inserting after paragraph (iii) the following paragraph:- " (iiia) Where moneys raised by way of debentures, bonds or inscribed stock are to be repaid at the date of the maturity of the loan, the Board shall credit to the relevant sinking fund contributions that are required to be made to such sinking fund pursuant to the Order in Council referred to in subsection (1). The Board shall also credit to the relevant sinking fund the applicable proportion of the balance of the Sinking Funds Net Earnings Account."; 5

122 Hospitals Act Amendment Act 1980, No. 12 (iv) omitting paragraph (viii) and substituting the following paragraph:- " (viii) Regulations relating to loans , etc. The power conferred on the Governor in Council by this Act to make regulations includes power to make regulations relating to the borrowing or raising of money or the making of any financial arrangement under the authority of this Act and to the repayment of moneys borrowed or raised and the payment or repayment of moneys pursuant to any financial arrangement and, without limiting the generality of the foregoing power- (a) providing for the establishment of a registry or registries (at the office of the Board or the Central Accounting Bureau or at any other place or places) for the inscription of stock created and issued in respect of public loans or private loans or public loans and private loans and the keeping of stock ledgers, regulating the inscription in such stock ledgers of all stock issued and regulating the transfer or transmission of stock or of any shares therein, and restricting the amount of stock that may be transferred; (b) prescribing the form of and the manner of issuing debentures or bonds, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and bonds or from any stock ledgers, and providing for lost or defaced debentures, coupons or bonds and the destruction of discharged debentures, coupons or bonds; (c) providing for the issue, upon request, of stock to debenture or bond holders and of debentures or bonds to registered owners of stock; (d) prescribing any matters with respect to the raising of loans outside the State; (e) providing for sinking funds, if any, and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption funds, trustees, sinking funds or other methods aforesaid."; (b) inserting after subsection (8) the following headings and subsections:- EXPENSES OF RAISING LOANS (9) (a) The Central Accounting Bureau shall estimate the costs it is likely to incur in each financial year in respect of arranging borrowings on behalf of a Board and may require the Board to which moneys are to be provided to contribute by instalments towards such costs. (b) When the total costs referred to in paragraph (a) are determined, such costs shall be reimbursed to the Central Accounting Bureau by the Board on whose behalf moneys have been raised in the respective proportions that the moneys raised for each Board bears to the total moneys raised by the Bureau on behalf of all Boards throughout the State.

Hospitals Act Amendment Act 1980 , No. 12 123 (c) Any contributions made in accordance with paragraph (a) shall be set off against the amounts calculated under paragraph (b). EXPENSES OF LOAN MANAGEMENT (10) (a) At the commencement of each financial year, the Central Accounting Bureau shall estimate the costs it is likely to incur in that year in the management of loans, including the cost of maintaining its loan registry, and may require the Boards to which funds are to be or have been provided as a result of arrangements made by the Bureau to contribute by instalments towards such costs. (b) When the total costs of management of loans in each year are determined, such costs shall be reimbursed to the Central Accounting Bureau by the Boards on whose behalf moneys are to be or have been raised in the respective proportions that the moneys raised for each Board and not repaid by it bear to the total moneys provided and remaining not repaid. (c) Any contributions made in accordance with paragraph (a) shall be set off against the amounts calculated under paragraph (b).".