Hotel Theodore Lease Enabling Act of 1934 (25 Geo v No. 7) (Qld)

LIQUOR. 15175 25 GEO. V. No. 7,1934. Hotel l'heodorre Lease Enabling Act. - - - - - - - - - -- LIQUOR. An Act to Enable the Commissioner of Irrigation 25NGoe.o7. . V. and Water Supply to Lease the Hotel known THE HOTEL THEODORE as "The Hotel Theodore," to Provide that the LEASE ENABLING Lessee thereof shall be a Licensed Victualler ACT OF 1934_ under the Liquor Acts, and for other purposes. [ASSENTED TO 11TH OCTOBER, 1934.J \ X / V THEfiRveEAofSclpauursseutahnitrtetoenpoafraPgarartph 1. ( o i. f ) tohfe sSubcchleadusuelPereamble. to the Water Acts it is, inter alia, enacted that wherever in the opinion of the Commissioner of Irrigation and Water Supply it is expedient for the execution of such Act, and facilitating the execution and management of the works and business of the Commissioner or the successful working of an undertaking, he may construct, establish, acquire, purchase, contract for the use of, work, maintain, control, regulate, and manage any hotel, accommodation- house, or other premises for the use and accommodation of the public, and carry on therein the business of the sale and supply of spirituous and fermented liquors: And whereas pursuant to *" The Irrigation and Water Supply Acts Amendment Act of 1931" the Land Administration Board was constituted as the Commissioner of Irrigation and Water Supply for the purposes of the Irrigation Acts and the W-ater Acts: And whereas pursuant to the above powers the Commissioner of Irrigation and -Water Supply has established, managed, and conducted an Hotel known as "The Hotel Theodore" and situated within the Dawson Valley Irrigation Area: And whereas it is desirable that the Commissioner of Irrigation and Water Supply be empowered to lease the said Hotel, to provide that the lessee thereof shall be a licensed victualler under the Liquor Acts, and to provide for certain other matters- Be it therefore enacted by the King'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. This Act may be cited as " The Hotel Theodore Short title Lease Enabling Act of 1934." ~ ~ ~ struction. ~ - - - - - - - - - -- - * 22 Geo. V. No. -14, supra, page 14029.

15176 LIQUOR. Hotel Theodore Lease Enabling Act. 25 GEO. V. No. 7, This Act shall be read as one with the Irrigation . Acts and the Water Acts and with the Liquor Acts. Definitions. 2. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- Commis· sioner. " Commissioner' '-The Commissioner of Irrigation and Water Supply (being the Land Administration Board) constituted such Commissioner pursuant' to *" The Irrigation and Water Supply Acts Amendment Act of 1931 " ; Court. " Court "-The Licensing Court as defined by the Liquor Acts; Hotel Theodore or Hotel. Irrigation Acts. Land Acts. Licensed victualler. "Hotel Theodore" or "Hotel "-The Hotel Theodore situated at Theodore in the Dawson Valley Irrigation Area, and the premises, goodwill, and all stock-in-trade, furnishings, fittings thereof or appertaining thereto, together with all machinery, chattels, and appurtenances used therein or in connection therewith, and any rights, titles, or interest in respect of the Hotel, or in respect of the area on which the premises are situate, particulars whereof appear in the Schedule, or such areas as may be agreed upon, possessed by the Commissioner; "Irrigation Acts "-t "The Irrigation Acts, 1922 to 1933," or any Act amending or in substitution therefor; " Land Acts "-t" The Land Acts, 1910 to 1932," or any Act amending or in substitution therefor; "Licensed victualler"-Licensed victualler as defined by the Liquor Acts; Liquor. Liquor Acts. "Liquor"-Liquor as defined by the Liquor Acts; " Liquor Acts "-§" The Liquor Acts, 1912 to 1926," and 11" The Liquor Acts Amendment Act of 1932," and any Act amending or in substitution therefor; * 22 Geo. v. No. 44, supra, page 14029. t 13 Geo. V. No. 29 and amending Acts, supra, pages 10218 et seq. ~ 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. § 3 Geo. V. No. 29 and amending Acts, supra, pages 5527 et seq. 1123 Geo. V. No. 2, supra, page 14353.

LIQUOR. 15177 1934. Hotel Theodore Lease Enabling Act. " This Act "-This Act and all Orders in Council This Act. and regulations made thereunder; :, Water Acts "-*" The Water Acts, 1926 to 1931" Water Acts. -r" (as amended by The Irrigation Acts Amendment Act of 1933 "), or any Act amending or in substitution therefor. 3. (1.) Notwithstanding anything contained in thePower.of Liquor Acts or in any Act or law to the contrary, the~ ~ ~ ~ ~ ~ Commissioner shall have full power and authority from lease. time to time to lease the Hotel Theodore for such term or terms and upon such conditions as the Commissioner may deem necessary or expedient. (2.) From time to time upon the making of any!reasurer to such lease or as soon thereafter as may be convenient ~ ~ : ~ : : Sed the Treasurer of Queensland shall, notwithstanding any v:ictualler's Act or law to the contrary, issue to the lessee a lICense. licensed victualler's license in respect of the premises known as "The Hotel Theodore" for a period commencing from the date of the commencement of such lease 'and ending on the thirtieth day of June next ensuing. (3.) Such license shall forthwith be recorded as a License to licensed victualler's license in the register of licenses of be recorded. the Licensing Court constituted under the Liquor Acts for the Licensing District of Rockhampton constituted under the Liquor Acts: subJ.ePcrtovtoidtehdi.s tAhactt, tehnesuefo:ll-owing consequences shall' Coofnonlisrceeeqcnuosereud.( l;lelsg (i.) The Hotel Theodore shall be and become licensed premises within the meaning of and under and subject to the provisions of the Liquor Acts; (ii.) The said license shall be a licensed victualler's license under the Liquor Acts, and may be dealt with under and in accordance with those Acts accordingly; (iii.) The lessee· shall be a licensed victualler within the meaning and subject to the provisions of the Liquor Acts: Provided, further, that upon the cancellation of or expiration of any such lease such license shall be deemed to and shall expire. * 17 Geo. V. No. 12 and amending Acts, supra, pages 11733 et seq. t 24 Geo. Y. No. 21, supra, page 14793.

15178 LIQUOR. Hotel Theod~ e Lease Enab~ ing Act. 25 GEO. V. No. 7, Powers and duties of licensee. 4. During the term of any such license the licensee shall, notwithstanding any law to the contrary, have power and authority to carry on in the premises of the Hotel Theodore the business of the sale and supply of liquor. Commis- 5. In the event of the Hotel not being leased as saipopnoeirnmt ay hereinbefore provided, the Commissioner may from person to time to time appoint any person to manage and conduct Hmoatnealg. e such Hotel, and on his behalf, and on such terms and upon such conditions as the Commissioner may deem expedient; and in the event of his making such an appointment the Treasurer of Queensland shall at the time of such appointment, or as soon thereafter as may be convenient, issue to such person so appointed a licensed victualler's license in respect of the said Hotel; and the provisions of sections three and four hereof shall, mutatis mutandis, apply and extend accordingly. Right of lessee to transfer lease. 6. Notwithstanding anything in any Act or law to the contrary, no lessee shall without the consent of the Commissioner first had and obtained transfer the lease of the said Hotel Theodore to any person. Any such transfer shall be duly recorded in the register of licenses as aforesaid, and the provisions of sections three and four shall, mutatis mutandis, apply and extend to such transferee accordingly. Any transfer of lease made without the approval of the Commissioner shall be absolutely void and of no effect. Power of Commis- sioner to sell the Hotel. 7. Notwithstanding anything hereinbefore con- tained, and notwithstanding anything in any Act or law or rule or process of law to the contrary- (a) The Commissioner shall have full power and authority, in lieu of leasing or appointing a person to manage and conduct the Hotel Theodore, to sell the said Hotel on such terms and conditions as the Governor in Council shall think fit; (b) In the event of the Commissioner making such sale of the said Hotel the following provisions shall apply, namely:- (i.) The Governor in Council shall issue to the . purchaser a Perpetual Town Lease of the area or parcel of land, being the area on

LIQUOR. 15179 19:34. JI atel Theodore Lease Enabling Act. ----------- ---- -- - - - --- ~-- -~- -- - -~ - -- - - - -- - - which the premises of the said Hotel are situate, particulars of which appear in the Schedule; and the power and authority Schedule. to the Governor in Council to issue such Perpetual Town Lease is hereby granted: (ii.) Such Perpetual Town Lease so granted shall be deemed to have been granted under the Irrigation Acts and the Land Acts, and to have commenced on the quarter-day next ensuing after the date of such sale: provided that the rent for the first period of fifteen years shall be such rent as the Minister shall determine. (iii.) The Treasurer of Queensland shall at the time of such sale, or as soon thereafter as may be convenient, issue to the purchaser a licensed victualler's license in respect of the said Hotel, and thereupon the provisions of sections three and four of this Act shall, mutatis mutandis, apply and extend accordingly. 8. The Governor in Council may from time to timeOrdeilin by Order in Council published in the Gazette provide Counc . for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, including the exemption of the said Hotel (and whether the same has been sold or is for the time being leased or conducted and managed by some person appointed by the Commissioner) from any of the provisions of the Liquor Acts, or the modification of such provisions in respect of the said Hotel; and where there may be in this Act, or in the Liquor Acts, or Land Acts, or Irrigation Acts, no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. THE SCHEDULE. All that area or parcel of land comprising Allotments 4 and 5 of Section Ill. of the Town of Theodore, in the Parish of Walloon, County of Dawson, bounded on the north by Third Avenue, on the east by The Boulevard, on the south by Allotment 3 of the aforementioned Section, and on the west by a lane twenty feet wide; and containing an area of forty-four perches.