Hospitals Acts Amendment Act of 1929 (20 Geo v No. 24) (Qld)

HOSPITALS. - -- - -- - --- - -- - -- - -- - ~ 20 GEO. V. No. 24, 1929. Hospitals Acts Amendment Act. ----------------- ---------- 12477 HOSPITALS . .An Act to Amend" The Hospitals Acts, 1923 to 20 Geo. V. No. 24. 1928," in certain particulars. THE HOSPITALS [ASSENTED TO 17TH DECEMBER, 1929.J ACTS - A]!lENDMENT B E it enacted by the King's Most Excellent Majesty, ACT OF 1929. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Hospitals Acts Short title Amendment Act of 1929," and shall be read as one with ~ ~ ~ stfl1ction *"The Hospitals Acts, 1923 to 1928," herein referred to as the Principal Act. The Principal Act and this. Act may collectively be cited as "The Hospitals Acts, 1923 to 1929." Amendments to the Prirtcipal Act. 2. After section twenty-seven of the Principal Act the following new sections are inserted, namely:- " [27 A.] (1.) A Board may from time to time make Board may app1l·Cat'IOn t 0 the Governor I.n Councl '1 for permI.sS.Ion paperpmlyisfsoior n to to borrow money for the purposes of this Act by the borrow b sale of debentures, and the Governor in Council may : ~ : ~ r y grant such permission. debentures. (2.) Every such permission shall be signified by an Pe~mission Order in Council published in the Gazette, and such ~ : ~ ! ~ ~ , ~ res Order in Council shall declare the amount that may be so borrowed, the purposes for which the same shall be borrowed, the currency of the debentures, and the rate of interest payable thereon. Moreover, any such permission may be granted subject to the condition of providing a proper sinking fund, or subject to the condition that a proportion of the principal money shall be repayable at stated intervals during the currency of the debentures, and to such other conditions, provisions, and stipulations as the Governor in Council may impose. (3.) The moneys so raised by the sale of debentures Application or such portion thereof as may be found necessary for of moneys, the purpose shall be expended for the purposes declared in the Order in Council, and in the proportions (if any) therein specified, and not otherwise. * 14 (}eo. V. No. 44 and 19 Geo. V. No. 23, 8upra, pages 10537 and 12167.

12478 HOSPITALS. Hospitals Acts Amendment Act. 20 GEO. V. No. 24. Conditions, (4.) Debentures issued under the authority as herein- d&ecb.eonftures. before provided shall be issued in such series, at such time, and in such manner as the Board may decide, and shall be a charge upon all the revenues of the Board howsoever arising, subject to any prior debentures issued by the Board. Such debentures shall bear interest at the rate prescribed in the Order in Council. Every such debenture, when sealed and signed or signed as prescribed, shall be deemed to have been duly issued, and the holder thereof shall not be bound to inquire whether such issue was in fact duly authorised. Time anc.. place of payment. (5.) Every such debenture shall specify the. time when or within which the principal shall be payable, and the place where the principal and interest shall be payable, and shall be in the form and shall be sealed and signed or signed, as prescribed by the Governor in Council, and may have annexed thereon a coupon. Every such debenture and coupon (if any), unless other- wise authorised by the Governor in Council, shall be- transferable by delivery. Payment of (6.) The holder of any such debentures shall be debeJ?-tures entitled to receive payment from the Board of the and Interest . pn . nCl . pa1 sum namdeethrem. ( and, 1 ·f m. t erest coupons are not annexed, interest in terms of the debenture), upon presentation of such debenture on or after the due date thereof, at the place where the same is expressed to be made payable. And the holder of any coupon originally annexed to a debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the interQst mentioned in such coupon, upon presentation of the same at the place where, and on or after the date when, interest is payable. Provisions (7.) If default is made by the Board in making any on default of payment, whether of principal or interest (or of interest payment and principal, as the case may be) to the holder of any debenture or coupon, the following provisions shall take effect :- (a) The holder of such debenture or coupon shall be entitled to make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver, and such Court shall have power

1929. HOSPI'rALS. Hospitals Acts Amendment Act. ,1247:9 to make all such orders for the appointment of a receiver, or for his removal and the appointment of another in his place, as may be necessary, and to make any prders and give any directions which such Court may think proper. And such receiver shall be deemed to be an officer of such Court. (b) Subj ect to this Act, the receiver shall have power to make, levy, and collect all precepts, dues, and rates and other moneys authorised to be made, levied, or collected by the Board, and shall be entitled to receive all revenues whatever payable to the Board; and for such purposes such receiver shall be deemed to be the Board and may exercise all the powers thereof. (c) The receiver shall be entitled to such com- mission, payable out of the revenues of the Board, as remuneration for his services, as such Court may appoint. (d) The receiver shall, subject to any order of such Court, pay over all moneys received by him to such holder, or to and among the holders of debentures or coupons of the same series as the debenture held by such holder, or to and among the holders of debentures or coupons generally, in such order of priority or otherwise and in such proportions as the Court may think fit; and, if there is any balance in hand over and above the amount due and payable to him under this Act, the receiver shall pay such balance to the Board. [27B. ] Subject as is herein provided, the Board shall Re~ oval of have full power and authority to enable the removal of p~~ . ~n~ .to a patient in any hospital under the control and jurisdic- ~ ~ e~ r~ aY: ln tion of such Board, whose case is one which in the opinion cases. of the Board is not suitable to be treated in such hospital, to an institution to which the provisions of *" The (Jharitable Institutions :Management Act of 1885" apply, or to such other private charitable institution as the Board may deem it fit and proper so to do : * 49 Vie. No. 8, supra, page 1096.

12480 . -- . _ - - - - - - HOSPITALS. Hospitals Acts Amendment Act. 20 GEO. V. No. 24, ]929. --- Provided that, before any such removal is given effect to, the consent of the governing authority of the institution concerned shall be first had and obtained: Provided also that before any such removal is effected the Board may consult the patient or, in cases where the Board consider necessary, any rebtive of such patient in regard to the removal of the patient concerned. The Board is hereby authorised to use whatever means they consider necessary or expedient to effect such removal of the patient concerned. Moreover no proceeding or claim shall be commenced, made, or prosecuted against the Board or any member or officer or employee thereof or any other person, for or in respect of any action taken by the Board in the exercise of its powers and authorities under this section." Amendment of s. 28. 3. Section twenty-eight of the Principal Act is amended by inserting after paragraph (iii.) the following paragraph (iiiA) as follows : - "(iiiA.) Generally empowering and enabling the Board to delegate such of its administrative and executive powers and authorities, as may from time to time be prescribed, to any prescribed officer of the Board: And without in any wise limiting the generality of the above provision, including the delegation by the Board of power and authority to any prescribed officer with respect to the appointment, dismissal, or suspension of any other officer or employee, and the power and authority to any prescribed officer to caution or reprimand or inflict a fine for minor offences committed by any officer or employee of the Board. Such by-laws may provide for the reporting to the Board the matter of any appointment, dismissal, or suspension, caution, reprimand, or fine, by the officer to whom any such power and authority is delegated, and shall also provide for an appeal to the Board or to any prescribed tribunal by the officer or employee concerned, and the reporting to the Board of such other matters and things as may be prescribed or directed by the Board;".

HOSPITALS-INCOME TAX. 12481 20 GEO. V. No. 18, 1929. Income Tax Acts Amendment Act. 4. The second paragraph of section twenty-nine of Amendmflo, the Principal Act is renumbered section 29A. of s. 211. In the said paragraph (now section 29A) the word "such" is repealed and the word ~ by-laws," is inserted in lieu thereof. INCOME TAX. An Act to Amend "The !ncome Tax Acts, 1924 to 20NGo.eo1. 8V. . 1928," in 'certain particulars. THE INCOME TAX ACTS, [ASSENTED '1'0 5TH DECEMBER, 192B.J AMENDMENT Ac~l' OF 1929. B E it enacted by the King's Most Excellent Majc8t), I by and with the advice and consent of the Leglli- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- . 1. This Act may be cited as "The Income Tax Short title Acts Amendment Act of 1929," and shall be read as one and . with *" The Income Tax Acts, 1924 to 1928," herein constructIon. referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Income Tax Acts, 1924 to 1929." 2. Section four of the Principal Act is amended as Amendm3nt follows:- of •. 4. After the definition of "Public Authority" and before the definition of "Public utility" the following definition is inserted:- " "Public charitable institution"-A public hospital Public or a publ 1 ' 0 be' nevo 1 ent I . llS t I 't U t' IOn: the t erm i c n h s a t . i r t i u ta t b io le n. includes a public fund established and main- tained for the purpose of providing money for such institutions or for the relief of persons in necessitous circumstances; ". 3. Section eleven of. the Principal Act is amended Amendment as follows:- of s. 11. The following provision· is added to proviso numbered (iii.) of subsection one of the said section eleven, namely:- . " For the purposes of this proviso the term "bona fide prospector" means a * 15 Geo. V. No. 34 and amending Acts, supra, pages 10945, 11295, 11590, and 12178.