Hotel Theodore Sale Act of 1954 (3 Eliz II No. 5) (Qld)

372 LIQUOR. Hotel Theodore Sale Act. 3 E liz . II No. 5, LIQUOR. 3 E N l o i . z . 5. IX. An Act Delating to the Sale of the Hotel situated at T he H otel T heodore S ale A ct Theodore in the Dawson Valley Irrigation of 1954. Area and known as the Hotel Theodore. [A ssented to 27 th A pril , 1954.] B E it enacted by the Queen’s Most Excellent Majesty, 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:— Short 1. This Act may be cited as “ The Hotel Theodore title. Sale Act of 1954.” Repeal of s. 7. of 2j5 Geo. V. No. 7. Sale of the Hotel Theodore authorised. 2. Section seven of *“ The Hotel Theodore Lease Enabling Act of 1934 ” is repealed. 3. Subject to this Act, The Commissioner of Irrigation and Water Supply under and within the meaning of f“ The Irrigation and Water Supply Commission Acts , 1946 to 1949,” may sell to the Hotel Theodore Co-operative Association Limited, a society formed and registered under The Co-operative Societies Acts, 1946 to 1951,” the licensed premises under and within the meaning of §“ The Liquor Acts, 1912 to 1952,” known as the Hotel Theodore and comprising the land described in the Schedule to this Act together with the buildings, erections and improvements thereon and fixtures and fittings the property of the said Commissioner therein or thereupon. The sale shall be at such price and upon such terms and conditions as are agreed upon by the aforesaid parties and approved by the Governor in Council. Estate in 4. (1.) The sale as aforesaid by the said laapnpdurtenant Commissioner to the said Society of the aforementioned to the licensed premises known as the Hotel Theodore shall be HThoeteoldore. subject to a right in the said Society to take without competition and hold under ||“ The Land Acts, 1910 to 1952,” and “The Irrigation Areas (Land Settlement) Acts, 1933 to 1951,” as a Perpetual Town Lease, the land described in the Schedule to this Act.* * * § * 25 G. 5 No. 7. j- II G. 6 No. 11 and amending Act. J 10 G. 6 No. 50 and amending Act. § 3 G. 5 No. 29 and amending Acts. || 1 G. 5 No. 15 and amending Acts. 24 G. 5 No. 21 and amending Acts.

1954. LIQUOR. Hotel Theodore Sale Act. (2.) Upon such sale in accordance with this Act, the Governor in Council shall, in the name of Her Majesty, issue to the said Society without competition a Perpetual Town Lease under *“ The Land Acts, 1910 to 1952,” and f“ The Irrigation Areas (Land Settlement) Acts, 1933 to 1951,” in respect of the land described in the Schedule to this Act. • (3.) The annual rent for the first period of fifteen years shall be such sum as is fixed by the Governor in Council. (4.) Section fifteen of f“ The Irrigation Areas (Land Settlement ) Acts, 1933 to 1951,” excepting the provision thereof relating to annual rent for the first period of fifteen years, and, as far as applicable and except as by this Act and by section fifteen aforesaid is otherwise provided, all the provisions of *“ The Land Acts, 1910 to 1952,” relating to Perpetual Town Leases shall apply with respect to the Perpetual Town Lease issued in pursuance of this Act. 5. (1.) Conditions respectively of the licensed Hotel victualler’s license for the Hotel Theodore and the n.^ to°be Perpetual Town Lease issued in pursuance of this Act operated shall be that any profits or any other moneys accruing g°riPrivat* through the operations of the Hotel Theodore Co-operative Association Limited shall not be distributed amongst the members thereof as such, but that all profits and other moneys as aforesaid shall, subject to the provisions of subsections two and three of this section, be applied in the manner provided by Rule sixty-six of the Rules of the said Society as registered under The Co-operative Societies Acts, 1946 to 1949,” at the date of the introduction in Parliament of the Bill for this Act. (2.) Rule sixty-six of the Rules of the said Society as registered under The Co-operative Societies Acts, 1946 to 1949,” at the date of the introduction in Parliament of the Bill for this Act shall not at any time be revoked, but may from time to time, with the consent in writing of the said Commissioner first had and obtained, be amended, altered, or otherwise modified, and j where the * 1 G. 5 No. 15 and amending Acts, f 24 G. 5 No. 21 and amending Acts. J 10 G. 6 No. 50 and amending Act.

374 LIQUOR. Hotel Theodore Sale Act. 3 E liz . II No. 5, said Rule is amended, altered, or otherwise modified as aforesaid, then any such profits or other moneys may be applied in the manner provided by that Rule as so amended, altered, or otherwise modified. (3.) The said Commissioner may, at his discretion, consent to an amendment, alteration, or other modification of that Rule, which in his opinion is conformable to the objects thereof as at the introduction in Parliament of the Bill for this Act, but he shall not so consent unless he is satisfied that the amendment does not in any way authorise, justify, or excuse the distribution amongst the members of the said Society as such of any profits or other moneys contrary to the condition imposed by subsection one of this section. (4.) The Hotel Theodore Co-operative Association Limited shall not sell or sublet the Perpetual Town Lease issued in pursuance of this Act except to another society formed and registered under *“ The Co-operative Societies Acts, 1946 to 1949,” the rules whereof as registered under those Acts prohibit the distribution amongst its members as such of any profits or other moneys accruing through its operations and additionally provide for the application of such profits or other moneys in conformity with the aforesaid Rule sixty-six as in force at the time of the sale or subletting. (5.) If the Hotel Theodore Co-operative Association Limited commits a breach of the condition imposed by subsection one of this section or sells or sublets the Perpetual Town Lease issued in pursuance of this Act in contravention of subsection four of this subsection— (a) The Governor in Council may forfeit that lease ; and ( b ) Thereupon the Licensing Commission shall, so far as relates to the said Society, forfeit the licensed victualler’s license. Licensed victualler’s license. 6. (1.) The licensed victualler’s license issued pursuant to f“ The Hotel Theodore Lease Enabling Act of 1934,” in respect of the Hotel Theodore and in force at the passing of this Act shall, subject to subsection two of this section, continue in force without limit of time as such a license under, subject to and in accordance with the provisions of The Liquor Acts, 1912 to 1952.” * 10 G. 6 No. 50 and amending Act. f 25 G. 5 No. 7. { 3 G. 5 No. 29 and amending Acts.

LIQUOR. 375 1954. Hotel Theodore Sale Act. (2.) If that license shall at any time be forfeited so far as relates to the said Society, und er either subsection five of section five of this Act or unc er *“ The Liquor Acts, 1912 to 1952,” section thirty-one of that lastmentioned Act shall apply as if the Commissioner of Irrigation and Water Supply were the owner of the premises of the Hotel Theodore comprised in that license and additionally the provisions of f“ The Hotel Theodore Lease Enabling Act of 1934,” as amended by this Act, shall apply as if that hotel had never been sold. (3.) The Licensing Commission may make upon the said license and, subject as directed by the Licensing Commissioner, the clerk of petty sessions keeping the register of licenses under *“ The Liquor Acts, 1912 to 1952,” may make all such endorsements and entries as it or he deems necessary consequent on the sale in pursuance of this Act of that hotel. 7. Sections five and six of this Act shall, with and Application subject to all necessary adaptations thereof, apply with oafndss. 6. 5 respect to any society within the meaning of $“ The Co-operative Societies Acts, 1946 to 1951,” other than the Hotel Theodore Co-operative Association Limitbd, which may become for the time being in relation to the Perpetual Town Lease issued in pursuance of this Act the lessee or sub-lessee. SCHEDULE. All that piece or parcel of land situate in the County of Dawson Parish of Walloon, Town of Theodore, containing an area of forty-four, perches being allotments 4 and 5 of section III. bounded on the north by Third Avenue, on the east by The Boulevard, on the south by allotment 3 of the said section, and on the west by a lane 20 feet wide. * 3 G. 5 No. 29 and amending Acts, f 25 G. 5 No. 7. { 10 G. 6 No. 50 and amending Acts.