Industries Assistance and Other Acts Amendment Act of 1933 (24 Geo v No. 16) (Qld)
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INCOME TAX-INDUSTRY. 24 GEO. V. No. 16, 1933. Industries Assi.stance, Etc., Amendment Act, As WITNESS the hand of the Prime Minister of the Commonwealth of Australia for and on behalf of the said Commonwealth and the hand of the Premier of the State of Queensland for and on behalf of the said State the day and year first above written. SIGNED by the Prime Minister of the) Commonwealth of Australia for and on (J A LYONS behalf of the said Commonwealth in ( . . . the presence of- ) ,J. H. STARLING. SIGNED by the Premier of the State Of} Queensland for and on behalf of the W. FORGAN SMITH. said State in the presence of- G. W. WATSON. 14617 INDUSTRIES ASSISTANCE. See INDUSTRY. INDUSTRY. An Act to Amend "The Industries Assistance Act 24NGo.eo1. 6V. . of 1929" and" The Bureau of Industry THE INDUSTRIES Act of 1932" in certain particulars, and ASSISTANCE for other purposes. AND OTHER ACTS AMENDMENT [ASSENTED TO 7TH DECEMBER, 1933.] ACT OF 1933. B E it enacted by the King'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:- PART I.-PRELIMINARY. PART 1.- PRELIMIN ARY. 1. This Act may be cited as "The Industries Short title. Assistance and Other Acts Amendment Act of 1933."
14618 PART 1.-- PRELBflKARY. I~ DUSTRY. Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, Parts of Act. 2. This Act shall be divided into Parts, as follows;- PART I.-PRELIMINARY; *" PART Il.-AMENDMENTS OF THE INDUSTRIES ASSISTANCE ACT OF 1929" (AS AMENDED BY PART 11.- t" THE BUREAU OF INDUSTRY ACT OF 1932") ; AMENDMEKTS OF" THE t" PART IlL-AMENDMENTS OF THE BUREAU OF INDUSTRIES ASSISTANCE INDUSTRY ACT OF 1932 " AND OTHER ACTS. ACT OF 1929" (AS BY *" A~ I, ~ N. r~ : ~ PART Il. - AMENDMENTS OF THE INDUSTRIES ~ ~ ~~~ ~R~ F t" ASSISTANCE ACT OF 1929 " (AS AMENDED BY THE ACT OF 1932 "l. BUREAU OF INDUSTRY ACT OF 1932 "). Construction 3. *" The Industries Assistance Act of 1929" (as of Part H. amended by t" The Bureau of Industry Act of 1932 ") shall in this Part of this Act be referred to as the Principal Act; this Part of this Act shall be read as one with such Principal Act. Such Principal Act as amended by this Part of this Act may collectively be cited as "The Industries Assistance Acts, 1929 to 1933." Amendments of the Principal Act. Amendment 4. The title of the Principal Act is amended by of title. omitting the word" Secondary." Amendment 5. Section two of the Principal Act is amended, as of s. 2. follows ;- (a) The definition of "Industry" is repealed and the following definition is inserted in lieu thereof, namely;- Industry.. " " Industry "-Any works or undertaking, or such industry as the Governor in Council may from time to time declare, by Order in Council published in the Gazette, to be an industry for the purposes of this Act, and whether any such. works, undertaking, or industry was commenced before, on, or after the passing of t" The Industries Assistance and Other Acts Amendment Act of 1933." " --------- * 20 Geo. V. No. 16, 8upra, page 12492. t 23 Geo. V. No. 25, 8upra, 14214. t 24 Geo. V. No. 16 (this Act).
INDUSTRY. 14619 PART II.- 1933. Industr'ies Assistance, Etc., Amendment Act. AMENDMENTS OF" THE - - ~ - - ~ ~ ~ - - - - - ~ ~ - - ~ - - ~ ~ ~ - INDUSTRIES (b) The definition of "Works" is repealed and the AS A SI C S T TA O N F CE following definition is inserted in lieu thereof, namely ; - A 1 M 9 E 2 N 9 D " ED( ASBY " "Works "-Any land, or structure or works, or B~ ~ iA~ OF any works or factory being or being incidental INDUSTRY or ancillary to or used in connection with an 11f~ ~i. industry, or any bridge, viaduct, 01' road Works. works, and/or any combination of the same, together with all plant, machinery, and appurtenances used therein or in connection therewith, and all tramways leading thereto, and the site of the works, and all land used in connection with any such tramway." 6. Section five of the Principal Act is amended, as Amendment follows :_ of s. 5. (a) After the word "stimulate" in the first paragraph the words" the construction of works or" are inserted. (b) The word "secondary" III the sP,me first paragraph is repealed. (c) After the words "repayment of advances" the words" and interest 1ihereon" are inserted. (d) In provision (ii.) of the first proviso after the word "that," where it thirdly occurs, the words "the construction of such works or " are inserted. (e) In the second last paragraph, commencing with the word "Moreover," after the word "assistance" the words" or capital" are inserted. 7. Section seven of the Principal Act IS amended, Amendmenb as follows;- of s. 7. In paragraph (vi.) of subsectIOn two, after the words "whether or not the," the words "construction of such works or the" are inserted. 8. Section eight of the Principal Act is amended, Amendment as follows;- of s. 8. (a) In the first paragraph the words "other financial," occurring before the word "institution," are repealed. (b) In the said first paragraph, after the word " guarantee," the words" on behalf of the Government" are inserted.
14620 INDUSTRY. PARTII.- AM O E F N " D T M H EN E TS Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, INDUSTRIES ASSISTANCE ACT OF (c) In the said fir-st paragraph, after the words 1929" (AS " agreed rate," the following words are added, namely: AMENDED BY " THE "and such bank or institution shall be deemed to be BINUDREUASUTROYF authorised and empowered to make such loan, which 1 A 9 C 3 T 2 " O ) F . shall be and be deemed for all purposes to be an authorised investment of its funds." (d) In the second paragraph a:I words from and including the words " And where," to and including the word " institution," where it firstly occurs, are repealed, and the following words are inserted in lieu thereof, namely:- " And where any such corporation is unable to offer security for a loan acceptable to any bank or institution. " (e) The third paragraph is amended by inserting after the word " total " the word " estimated." (f) The last paragraph is amended by inserting after the words "may be prescribed" the following words, namely:- "by the Governor in Council by Order in Council published in the Gazette. Every such Order in Council shall, when so published, be binding on all parties as to the matters therein mentioned, and shall be conclusive evidence that all the requirements of *" The Industries Assistance Acts, 1929 to 1933," in respect to all matters precedent to the issue of the said Order in Council and incidental thereto have been complied with." Amendment 9. Section nine of the Principal Act is amended, of s. 9. as follows : - (a) Mter the words" capital undertaking," where those words first occur, the words "or works" are insmted. (b) Mter the wo.rds " such undertaking" the words " or works" are inserted. (c) After the words "Governor in Council" the words " on behalf of the Government" are inserted. Amendment 10. Section twelve of the Principal Act is amended, of s. 12. as follows:- (a) In the first paragraph of subsection one, after the word "corporation," where it firstly occurs, the words "by the Minister" are inserted. * 20 Geo. V. No. 16, 8upra, page 12492, and 24 Geo. V. No. 16 (this Act).
INDUSTRY. 14621 PART I1.- H)33. Ind1Mtries Assistance, Etc., Am,endment Act. AMEND:lIEKTS OF" THE INDUSTRIES (b) In the third paragraph of the said subsection ASASICSTTAONFCE one, after the word "Moreover," the words "subject 1929 " (AS AMENDED BY to this Act" are inserted; also the words" advanced " THE to or payable by the corporation," are repealed and BIUNRDEUASUTROYF the words" advanced by the Minister to the corporation 1 A 9 C 32 T " O ) F . or payable by the corporation to the Minister" are inserted in lieu thereof. 11. Mter section twelve of the Principal Act the New section following new section is inserted, namely :_ 12A. " [12A.] (1.) Where, pursuant to section eight of Security for this Act, a bank or institution makes or agrees to a~vances make advances by way of loan to such corporation, and : p; : ~ ved the Minister has guaranteed to such bank or institution bank or t h e amount or any part of the amount of such loan aindsvtaitnucteison pursuant to the said section eight, the following money t~ the prOVI . SI . Ons s h a 11 app 1 y name 1 y : - corporatlOn. (i.) Subject to this Act, no advance for the construction of works shall be made to a corporation under this Act except upon the security of a mortgage or mortgages to the bank or institution concerned, as hereinafter set forth. (ii.) The terms, conditions, and stipulations of the advance (which shall be deemed a loan by the bank or institution to the corporation), and the terms of repayment and all other matters necessary or incidental to the repayment and enforcement of such advance may, subject to the approval of the Minister, be fixed by agreAment between the corporation and the bank or institution concerned. (iii.) Moreover, for securing the repayment of all moneys advanced to or payable by the corporation under this Act, with interest thereon as may be agreed, the oorporation shall and may execute all such mortgages, charges, liens, or other instruments over the works, land, machinery, plant, tolls revenues, rights legal and equitable, undertaking, or other property of the corporation as the Minister or the bank or institution may require containing all such covenants, stipulations, rights, powers, and remedies in favour of the bank or institution upon any default or non-compliance by the corporation with any of the provisions of this Act, or with any of the terms of any agreement, mortgage, charge, lien, or instrument as the Minister or the bank or institution may consider proper.
14622 INDUSTRY. PART II.- AMENDMENTS Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, OF" THE INDUSTRIES AB1~ ~ T~ ~ CE (2.) The provisions of this section shall apply in 1929" (AS respect of "works" as defined by this Act, AM " E T N H DE E D BY notW'Ithstan di ng t ha' t t he constructI.On 0 f such work s ~ : ~ ~ ~ Ro; shall have been commenced prior to the passing of *" The ~ g~ ~ F) Industries Assistance and Other Acts Amendment Act . of 1933." (3.) The power to carry on or construct any undertaking or works as aforesaid, and to issue or give such bonds, debentures, mortgages, or other securities in connection therewith as may be required to be given in pursuance of t" The Industries Assistance Acts, 1929 to 1933," is hereby expressly conferred upon such corporation." Amendment 12. In paragraph (ii.) of section fourteen of the of s. 14. Principal Act the word "Minister" is repealed and the word "Treasurer" is inserted in lieu thereof; also in paragraph (iii.) the words" other financial" occurring before " institution," where it twice occurs, are repealed. Amendment 13. Section fifteen of the Principal Act is amended, of s. 15. as follows : - (a) In subsection one, after the word "Minister," wherever such word occurs in paragraphs (iv.), (v.), (vi.), and (vii.), the words" or Board" are inserted. (b) Subsection three is repealed and the following subsection is inserted in lieu thereof, namely :- Moneys " (3.) Moreover, all moneys advanced by the abdevaandceebdt to M· Im.st er to t he corporatI.On or payable by t he corporat·IOn du~ to His to the Minister, whether under this Act or under any Majesty. guarantee given in pursuance thereof, shall be a debt due and payable to His Majesty, and payment thereof may be enforced accordingly in any court of competent jurisdiction." (c) Subsection five is amended by inserting after the word" mortgage," where it first occurs, the words "given to the Minister." o A f m s. en1d6m. ent as fo 1 l 4 lo . wSse: c-tion E2ixteen of the Principal Act is amended, In the first paragraph, after the words" taken by him," the words " or to which he sha.ll become entitled" are inserted. * 24 Geo. V. No. 16 (this Act). t 20 Geo. V. No. 16, 8upra, page 12492, and 24 Geo. V. No. 16 (this Act.)
INDUSTRY. 14623 ~ - - -- - --- - - - ~ . - - - . . PART II.- J933. Industries Assistance, Etc., A.mendrnent Act. AMENDMENTS OF" THE INDUSTRIES 15. In the second paragraph of section nineteen. ASASIOSTTAONFCE after the words "Order in Council may," the words 1929" (AS AMENDED BY "without prejudice to the rights of any bank or " THE institution advancing money pursuant to the provisions BIUNRDEUASUTROYF of the Act " are inserted. ACT OF 1932 "). Amendment of s. 19. 16. Where in respect of any works the construction Works of which commenced before the passing of *" The c071structed Industries Assistance and Other Acts Amendment Act ~ ~~ o~; ; of of 1933" the Minister, with the approval of the Governor this ~ ct. ; I.n CounC '1 l, on beh aIf 0 f t h e Government sha 11 guarantee, aopf pphrcoavtilsOionns after the passing of *" The Industries Assistance and of Principal Other Acts Amendment Act of 1933," to any bank or ~ ~ i~ 1~ ~ . institution the amount or any part of the amount of a loan to the corporation concerned pursuant to the provisions of section eight of the Principal Act, as amended by *" The Industries Assistance and Other Acts Amendment Act of 1933," all the powers and authorities of the Government and of the Minister in regard to such guarantee and the terms, provisions, reservations, and conditions (including any special conditions) thereof, and the recovery of money paid thereon as are prescribed in the Principal Act as amended by *" The Industries Assistance and Other Acts Amendment Act of 1933," shall extend and apply and have full force and effect; and the Principal Act as amended by *" The Industries Assistance and Other Acts Amendment Act of 1933" shall be read and construed accordingly. Verbal Amendments. 1 7. The following verbal amendments are made in Verbal t.he P rm· C.lpa 1 Ac t , name 1 y : - ainmPenridnmciepnatls Act. (1.) In section two the definition of "Board" is Amendment repealed and the following definition is inserted in lieu of s. 2. thereof :- " "Board"-The Industries Assistance Board, Board. being the Bureau of Industry constituted from time to time by virtue of t" The Bureau of industry Act of 1932": the term 31so includes any committee of th3 Bureau to which is assigned the powers, duties, and functions of the Board under this Act." * 24 Geo. V. No. 16 (this Act). t 23 Geo. V. No. 25, supra, page 14214.
14624 INDUSTRY. PART 11.- AM O EN F D " M T E H N E TS Industries Assista,nce, Etc., Amendment Act. 24 GEO. V. No. 16, INDUSTRIES ASSISTANCE ACT OF (2.) Section three of the Principal Act is repealed A 1 M 9 E 2 K 9 D " ED (AS BY and the following section is inserted in lieu thereof : - " THE BUREAU OF INDUSTRY ACT OF 1932 "). Repeal of and new B.3. Bureau of Industry to "r3.J For the purposes of this Act, the Bureau of be Board. Industry constituted under *" The Bureau of Industry Act of 1932" shall be and constitute the Industries Assistance Board, and such Bureau shall have and exercise all the powers, duties, and responsibilities of the Board under this Act, and to the intent that wherever in this Act the terms" Board" or "Industries Assistance Board" occur. such terms shall mean the Bureau of Industry fro~ time to time constituted under *" The Bureau of Industry Act of 1932," and this Act shall be read and construed accordingly: Moreover, any committee appointed by the Bureau under *" The Bureau of Industry Act of 1932," to which shall be delegated and assigned the powers, duties, and functions of the Board under this Act, shall have and exercise the powers of the Bureau (being the Board) under this Act accordingly; and the Bureau shall have full power and authority to so delegate and assign and to appoint any such committee and direct the necessary quorum in regard thereto and any other matter or thing expedient or necessary to give effect to the provisions of this Act. The proviBions of this section shall be deemed to have come into operation on the commencement of *" The Bureau of Industry Act of 1932."" Amendment (3.) Section four of the Principal Act is amended by of s. 4. repealing subsections two, three, and six thereof. And subsections foul' and five are renumbered subsections two and three accordingly. In subsection five (now renumbered three) the following paragraph is inserted, namely:- "For the purposes of this subsection the term "Board" includes the Board (being the Bureau of Industry) and any committee thereof." * 23 Geo. v. No. 25, supra, page 14214.
INDUSTRY. 14625 PART IT.- 1933. Indtlstries Asmstance, Etc., Am,end!ment Act. AMENDMENTS OF" THE INDUSTRIES ASSISTANOE (4.) Section six of the Principal Act is amended, as 19 A 2 O 9 T " O(FAS follows :- AMENDED BY " THE (a) Subsection one of the said section is amended BUREAU Ol!' by inserting, after the words" the Minister," the words IN A D C U T STORFY " or the Board." . 1932 "J. Amendment (b) The following provision is added to the said of s. 6. subsection, namely:- "Every such application shall be accompanied by a deposit of money in such amount as the Minister considers reasonably sufficient to defray the expenses to be incurred in reporting upon the application concerned.', (c) A new proviso is added to subsection three as follows :- "Provided always that the Board may in any particular application waive compliance with all or any of the requirements of subsections two and three of this section, and may direct that such particulars as it may prescribe in any particular case shall be furnished to the Board in connection with the application concerned." PART HI.- AMENDMENTS OF" THE BUREAU OF *" INDUSTRY PART IIl.-AMENDMENTS OF THE BUREAU OF INDUSTRY AOT OF ACT OF 1932" AND OTHER ACTS. 1932" AND OTHER ACTS. *" Th 1 e 8. Bu T r h e e au f o o f llo I w nd in u g stry am A e c n t d o m f e1n9t3s 2" araes hmeareduen d einr A2o3fmtGehneeodA.mVcet.nts set forth. No. 25. 19. Section six of *" The Bureau of Ind1tstry Act of Amendments 1932 " is amended as follows:- of s. 6. (i.) The following words are added after the word " sued" in subsection one, namely :- "and subject to this Act shall have power to take, purchase, sell, exchange, lease, and hold lands. goods, chattels, and other property. The Bureau shall, from time to time, with the authority and approval of the Governor ih Council, by Order in Council published in the Gazette, have power, authority, and jurisdiction-- (i.) To construct, establish, manage, and control any works. * 23 Geo. V. No. 25, 8uprll, pi>go 14214.
14626 INDUSTRY. PART III.- AMENDMENTS OF" THE BFREAU OF INDUSTRY ACT OF 1932" AND OTHER ACTS. Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, (ii.) To take, or acquire by purchase, lease, grant, or otherwise, land for the purposes of the construction and/or establishment and/or management and/or control of any works. For the purposes of these provIsIOns, and notwithstanding any Act or law to the contrary, the Bureau, shall be and be deemed to be a "constructing authority" and acting under the authority of the Governor in Council within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1917" (or any Act amending or in substitution therefor) and such lastmentioned Acts shall, subject as hereafter provided in this Act, mutatis mutandis, apply and extend accordingly: Provided that the Bureau may with the approval of the Governor in Council, by Order in Council published in the Gazette, delegate its powers and authorities as a constructing authority aforesaid to any Crown corporation or instrumentality, which shall for all purposes, and notwithstanding any Act or law to the contrary, be and be deemed to be a "constructing authority" within the meaning of *" The Public Works Land Resumption Acts, 1906 to 1917" (or any Act amending or in substitution therefor) accordingly, and shall have and exercise all the powers and authorities of a constructing authority accordingly. For the purposes of these provisions the term "works" shall be as defined in t" The Industries Assistance Acts, 1929 to 1933," and also as defined in *" The Public Works Land Resumption Acts, 1906 to 1917" (or any Act amending or in substitution for those Acts) and to the full intent that the Bureau shall with the approval and authority as aforesaid, or any delegated Crown corporation or Crown instrumentality approved as aforesaid, be empowered, authorised, and have jurisdiction accordingly." New subsections 3,4,5, (l, and 7. Power to borrow money. (ii.) The following new subsections are added to the said section six, namely:- " (3.) For the purpose of exercising any powers Ol discharging any functions or duties conferred or imposed by this Act or any other Act upon the Bureau, the Bureau * 6 Edw. VII. No. 14 and 7 Geo. V. No. 6, and amending Acts, supra, pages 8211 e; seq. t 20 Geo. V. No. 16, supra, page 12492, and this Act (24 Geo. V. No. 16).
INDUSTRY. 14627 ·PART III.- 1933. Industries As~ stance, Etc., Amendm,ent Act. AMENDMENTS OF" THE BUREAU OF may and is hereby authorised from time to time, with I~ ~ S~ : Y the approval of the Governor in Council, to borrow 1932 "A AND • OTHER eTS. money or obtam advances whether by way of temporary accommodation by means of overdraft or otherwise from or make financial arrangements with any bank or other institution upon such terms and conditions and at such rate of interest as the Bureau, with the approval of the Governor in Council, shall deem fit; and, subject as hereinafter prescribed, for any such purpose to create and execute mortgages, bills of sale, charges, liens, and other securities or obligations over the property of the Bureau or any part or parts thereof, or the revenues thereof, or otherwise as the Bureau, with the approval of the Governor in Council, shall deem fit. (4.) (a) For the purpose of enabling the Bureau to Power of carry out the objects and purposes of this Act, and for ~::au to the purposes of providing moneys to be raised by way debentures of loans for the purpose of alleviating unemployment, encouraging employment, and for the well-being of industry and the State in general, and/or for the purpose of exercising any powers or discharging any functions or duties conf~ rred or imposed by this Act or any other Act upon the Bureau (and without limiting the generality of these provisions, for the purpose of enabling the Bureau to carry out its powers, authorities, and jurisdiction under section six of this Act), the Bureau, subject to the approval of the Governor in Council, by Order in Council published in the Gazette, may from time to time issue debentures in the prescribed amounts and secured as prescribed, arid at the times and in the manner and subject to the provisions, conditions, and stipulations as are from time to time prescribed in any such Order in Council. (b) The due payment by the Bureau of any such Guaranteed loan or of any such debentures and the interest on such ~ ~ e! ~ ~ rer of debentures shall also be and be deemed to be guaranteed Queensland. by the Treasurer of Queensland. (5.) (i.) The Governor in Council may by any such Arrangement . Order in Council also make or empower the Bureau to make ~ ~ b: : \ ~ ~ ! s .arrangements authorising the sale of such debentures in places beyond the limits of the State, and appoint or empower the Bureau to appoint any agent or agents to negotiate such sale and to enter into and execute any contract or contracts therefor -; and may prescribe I
14628 INDUSTRY. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - A~ O !E F N " DM T E H N E TS Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, BUREAU OF INDUSTRY 19 A 3 C 2 T " O A F ND provisions for the establishment by the Bureau of a OTHER ACTS. sinking fund and for the proper administration of all matters and things in relation thereto and in regard to any loan, whether raised by way of debentures or otherwise accordingly. Debentures (ii.) An investment by a trustee of trust funds in aaunthorised any such debentures shall be and be deemed to be an investment authorised investment by the trustee pursuant to the Aunedter the provisions of section four of *" The Trustees and Executors 61 Vie. No. Act of 1897" (as amended by subsequent Acts) and such 10. Act shall be read and construed accordingly. LBoans to (6.) For the purpose of providing moneys to meet Trueraesauuryfr. om any expendlu'ret ' Incurredor bto e'Incurred by the Bureau pursuant to its powers as aforesaid, or for the payment of any interest and/or redemption on any loan (including debentures) authorised as aforesaid, the Minister may from time to time arrange for a loan from the Treasury to the Bureau in such amount or amounts as shall from time to time be necessary herein. The repayment of any such loan together with such interest as prescribed shall be made from the funds of the Bureau (which fund, called the" Bureau of Industry Fund" is hereby established) in such manner and at such times and under such conditions as shall from time to time be prescribed by the Governor in Council. Moreover the Treasurer is hereby authorised and empowered to give such directions and to take such action in respect of the matters herein set forth (including any readjustment) of the Loan Trust or other accounts at the Treasury as may be necessary or expedient to give full effect to the objects and purposes of this Act. Bmeau to be (7.) The Bureau shall also be and be deemed to be b fi o " d l y o " ca u l nder a "local body" for all purposes under and pursuant to Nt 1 h 4 oe. G A 8e. c o t . V. t A h c e t o p f ro1v9i2si3o, ' nl sanodf t t " he Th p e ro L v o is c i a o l ns B o o f d ' ie s s u ' c L h oa I a n s s tm G e u n a t r i a o n n t e e d e Act, together with any additions thereto or modifications thereof as the Governor in Council may by Order in Council prescribe, either generally or in any particular case, shall apply and extend accordingly." * 61 Vie. No. 10 and amending Acts, supra, pages 3507 et seq. t 14 Geo. V. No. 8, supra, page 10693.
INDUSTRY. 14629 1933. Industries Assistance, Etc., Amerndm,ernt Act. PART III.- A~ ~, ~ ~~ ~ TS BUREAU OF 20. The following new section is inserted after I~ ' ; ; ' S~ : Y section six of *" The Bureau O 'J f Industry A ct o ' f J 193 ' 2" O 1 T 9 H 3 E 2 R " A A C N T D S. namely :- New s. 6A• . " [6A.] (1.) The carrying out by the Bureau or Brisbane delegated Crown corporation or instrumentality as ~i~ ~r . prescribed in section six of this Act of the works, namely, w~ ~ Ife, the construction of a bridge across the Brisbane River sanctioned. and all necessary approaches thereto in accordance with the plans and specifications to be hereafter approved by the Governor in Council, including all necessary preliminary acts and matters in relation thereto, is hereby approved and authorised, and such works shall be and be deemed to be an authorised construction of works pursuant to the provisions of section six of this Act. Such plans and specifications when approved shall be deposited with the Minister. (2.) For the purposes of this provision the Bureau Bm; ~ au to ~e shall be and be deemed to be an "owner" as defined in :' de~ wner t" The Tolls on P.rivately Oonstructed Road Tra.ffic Facilities the Act Act of 1931 " to the intent that such Bureau shall be and ~o~ :~ : v. be deemed to be a person to whom authority is given by the Governor in Council (w4ich authority is hereby given) to construct and maintain a road traffic facility, namely, the said bridge across the Brisbane River. (3.) Provided that the franchise period, namely, the Franchise period for which the owner (being the Bureau) shall be period. authorised to and shall levy and collect tolls in respect of the said road traffic facility (being the bridge as aforesaid) shall continue and be in force until such time as the total repayment of interest and redemption in respect thereof has been met or as hereinafter provided. (4.) A Bill to determine the franchise period shall Refere?dum be passed by Parliament. tdoetdeerC· Ide On a day not sooner than two nor more than six mination of months after the passage of the Bill through Parliament franchise. the question for the approval or otherwise of the Bill shall be submitted to the electors of Queensland qualified to vote for the election of members of the Legislative Assembly according to the provisions of t" The Elections Acts, 1915 to 1932," or any Act amending the same or in substitution therefor. * 23 Geo. V. No. 25, 8upra, page 14214. t 22 Geo. V. No. 14, 8upra, page 13916. t 6 Geo. V. No. 13, Bupra, page 6779.
14630 INDUSTRY. PART HI.- AMENDMENTS Ind.1lstries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, OF "THE BUREAU OF INDUSTRY ACT OF Such day shall be appointed by the Governor in 1932" AND Council. OTHER AOTS. When the Bill is submitted to the electors the vote shall be taken in such manner as the Legislature prescribes. If a majority of the electors voting approve of the Bill to determine the franchise period it shall be presented to the Governor for assent accordingly. Application (5.) Subject as provided in this Act the provisions 2 No 2 fo.tGh 1 ee 4 o . A. V ct . o F f ac * il " itiTehse ATcotllosf o 1 n 93P1 r " iva sh te a l l y l w C h o e n r s e tru n c e te c d ess R a o ry a , d mTurtaafftiics mutandis, apply and extend accordingly. !tesumptions (6.) Notwithstanding anything contained in this lllB rI : S ebsapneect of Act or in any other . Act or law or rule or process . of law River to the contrary, III the assessment and fixatIOn of Bridge. compensation to be paid to any person for or in respect of the resumption of his land or other property for or in respect of the carrying out of the works referred to and sanctioned in subsection one of this section, whether such compensation is made by agreement or determined by the Court under the Public Works Land Hesumption Acts, the enhancement or prospective enhancement of the value to any such land or property resultant or to be resultant on account of such carrying out of the works or prospective carrying out of such works aforesaid shall be entirely disregarded in any such assessment or fixation of the amount of such compensation in respect of such resumption, and compensation shall be assessed and fixed having regard to this subsection accordingly. Provision as (7.) Notwithstanding anything contained in any ntoo barcitdiogne; Act or law or rule of Jaw or practice or process of law to to lie. the contrary, no action, suit, indictment, information, or other proceeding shall be commenced, presented, prosecuted, or maintained against the Government of Queensland, or any Minister of the Crown, or officer of the Public Service, or against any Crown corporation, or Crown instrumentality, or officer thereof, or against any Local Authority, or member or officer thereof, or any other person, for or in respect of the construction, .erection, or maintenance of the bridge erected under and in pursuance of the powers and authorities contained in this Act, or for or in respect of the obstruction of the navigation of * 22 Geo. V. No. 14, supra, page 13916.
INDUSTRY: 14631 PART I1I.- 1933.· Indu,stries Assistance, Etc., A.m,endment Act. AMENDMENTS OF" THE BUREAU OF the Brisbane River (over which the bridge concerned is I~ ~ s: y built) thereby, or for or in respect of any damage, loss, o;~; ~'A~:S. or expenses occasioned· or alleged to be occasioned by reason of such construction, erection, maintenance, or obstruction, or in any wise whatever arising therefrom: Provided that the Governor in Council in its discretion may by Order in Council direct that a prescribed fund from the funds of the Bureau be set aside in payment of compensation (if any) as hereunder set forth, namely:- The Bureau, with the approval of the Governor in Council, in its absolute discretion may grant such sum by way of compensation out of such fund as it thinks reasonable and proper to any owner or lessee of any wharf for or in respect of any necessary adjustment (consequent upon the construction of such bridge) of any vessel owned by the owner or lessee to enable the vessel to berth at the wharf concerned. Any decision made by the Governor in Council shall be final and conclusive and without appeal to any court or tribunal whatsoever; and nothing in this proviso shall be construed to confer upon any person any right of compensation or right to claim compensation in any court or tribunal whatever." 21. The following provision is added to section Amendment twenty-nine of *" The Bureau of Industry Act of 1932," of s. 29. as follows : - " Any Order in Council may be made from time to time delegating to any Crown corporation or Crown instrumentality as named in the said Order in Council the powers and authorities of the Bureau in respect of the construction and supervision of the construction of any works (including in the term the construction of the bridge over the Brisbane River) and the prescribing of all matters and things to give effect to any such Order in Council accordingly: Moreover, when the bridge over the Brisbane River is being or has been constructed the Governor in Council may by Order in Council vest the general supervision of construction and preliminary matters relating thereto and management and control of the said bridge in a committee (to be called the" Bridge Board") to be constituted by such persons from time to time named in the Order in * 23 Geo. V. No. 25, supra, page 14214.
14632 INDUSTRY. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - AM O E F ND " M T E H N E TS Industries Assistance, Etc., Amendment Act. 24 GEO. V. No. 16, BUREAU OF IN A D C U T S O T F RY Council, which committee shall be a committee of the O 1 T 9 H 3ER2" AAONTDS. Bureau, and such committee shall have and exercise in regard thereto the powers, authorities, and functions of the Bureau and such further powers, authorities, and functions as may from time to time be prescribed: Provided that in connection with any deficit which may arise during the period of the construction of the said bridge or for a prescribed period thereafter, the Bureau may, with the approval of the Governor in Council by Order in Council, arrange for the raising of a loan in respect thereof under such terms and conditions as prescribed: moreover, any Order in Council may prescribe that any such deficits shall be capitalised accordingly. " Amendment 22. Section thirty-one of *" The Bureau of Ind1lstry of s. 31. Act of 1932" is amended by the addition to subsection ono thereof of the following paragraphs, namely: " (g) Prescribing the terms, conditions, provisions, stipulations, and covenants to be inserted or contained in any mortgage, debenture, or other security under this Act, and the form of any such mortgage, debenture, or other security, the issue of debentures; also establishment of and provisions as to sinking funds. (h) The constitution of a Bureau of Industry Fund and the management, control, and .audit of such Fund. (i) The delegation of the powers and authorities of the construction of any works (including the construction of a bridge over the Brisbane River) or other property of the Bureau to any Crown corporation or instrumentality; the prescribing of such matters in relation to the management and control of any such works (including the bridge as aforesaid) or other property, including the power to demand, levy, collect, and receive in respect and for the use of any works or property of the Bureau or any services performed by it such dues, rates, tolls, fees, and charges as may be prescribed, and the power to levy, sue for, and collect same, * 23 Geo. v. No. 25, supra, page 14214.
INDUSTRY. 14633 1933. PART HI.- Industries Asmstance, Etc., Amend:ment Act. AMENDMENTS OF" THE BUREAU OF either at the suit of the Bureau or of the IN A D C U T SOTFRY Crown corporation or instrumentality or O 1 T 9 H 3ER2" AACNTDS. committee of the Bureau to whom the powers and authorities of the Bureau are delegated; and without limiting such powers and authorities applying for the purpose of these provisions the provisions of any Act or regulations under which the Bureau, Crown corporation, or instrumentality concerned is constituted and/or operates. (j) In the case of the construction of a bridge over the Brisbane River, prescribing for the management and control of the bridge concerned to be vested in a Board to be called the "Bridge Board," which Board shall be and be deemed to be a committee of the Bureau; and the prescribing of all necessary powers and authorities necessary herein, including the delegation of the powers of the Bureau to such committee." And the paragraphs (g) and (h) are renumbered paragraphs (k) and (l) accordingly. 23. The following new section (30A) is inserted in New s. 30A. *.. The Bureau of Industry Act of 1932," as follows:- "[30A.] The books and accounts of the Bureau Audit. shall be audited by officers of the Auditor-General's department." 24. *" The Bureau of Industry Act of 1932," as ~ onsolidated amended by this Part of this Act, may collectively be tltle. cited as" The Bureau of Industry Acts, 1932 to 1933," and such Acts wherever necessary may be read and construed with t" The Industries Assistance Acts, 1929 to 1933." 25. t" The Audit Acts Amendment Act of 1926" is Amendment amen d e d , as £, 0 11 ows:- of the Act 17 Geo. V. The following provision is added to section three, No. 5. namely:- " Notwithstanding anything to the contrary contained in this section,_ the Auditor-General in office at the passing of §" The Indu,stries Assistance and Other --- . _ - - - . _ - - _ . _ .. _ - - - - _ . _ - - _ ..... _ - - . * 23 Geo. V. No. 25, supra, page 14214. t 20 Geo. V. No. 16, supra, page 12492, and 24 Geo. V. No. 16 (this Act). :j: 17 Geo. V. No. 5, supra, page 11543. § 24 Geo. V. No. 16 (this Act.)
14634 INDUSTRY. PART I I I . - - - - - - - - - - - - - - - - - - ~ - - - - - ~ AM O E F N " D T M H E E N . TS Industries Assistance ' Etc. , Amendment Act • 24 GEO. V. No. 16, 1933. BUREAU OF -------- INADCUTSOTRFY Act8 Amendment Act of 1933" shall continue to hold O 1 T 9 H 3ER2" AACNTDS. office as Auditor-General until he shall attain the age of seventy years (when he shall retire from such position), and the Executive Minute dated the twenty-seventh day of August, one thousand nine hundred and twenty-six, appointing the said Auditor-General to the office of Auditor-General until he shall attain the age of seventy years (when he shall retire from such position) is hereby approved, ratified, confirmed, and validated; and the said section three shall be read and construed as if for the word" applies" occurring therein the words" does not apply" were inserted, and as if for the words" and to" occurring therein the words "but applies to" were inserted, and such section three shall be and be deemed to be amended accordingly." INSURANCE, UNEMPLOYED WORKERS. See LABOUR (1). IRRIGATION. See WATER.
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