Liquid Fuel Act of 1949 (13 Geo Vi No. 45) (Qld)

252 WAR LEGISLATION. Liquid Fuel Act. 13 GEO. VI. No. 45, VALUATION OF LAND. See LAND. WAR LEGISLATION. 13 N G O B . O 4 . 5 V . I. An Act to Make Provision for the Preservation and TmI LIQUID FUlIL ACT OF 111411, Continuance in Operation of Commonwealth Regulations relating to the Rationing and Distribution ofLiquid Fuel; and for Purposes connected therewith. [ASSENTED TO 14TH NOVEMBER, 1949.] Short title. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Liquid Fuel Act of 1949." mCoemntmoefnAcec.t. 2 • Th I ' S A ct s h a 11 commence upon a d ay t 0 b e appointed by the Governor in Council and notified by Proclamation published in the Gazette. Such day may be the day of publication of such Proclamation or a day either before or after the day of publication of such Proclamation. Such day shall be appointed after consultation has taken place between the Premier of this State and the Prime Minister of the Commonwealth. IBterpreta.- tion. 3. (1.) In this Act unless inconsistent with the context or subject-matter- " Commonwealth Regulations" means .the regulations made or purporting to have been made under the * LiquidFuel(Rationing)Act1949, of the Parliament of the Commonwealth and includes any orders made or purporting to have been made under the authority of those Regulations. (2.) If the * LiquidFuel(Rationing)Act1949, of the Parliament of the Commonwealth is or is held to be invalid the expression "Commonwealth Regulations" * No. 51 of 1949 of the Commonwealth.

WAR LEGISLATION. 253 1949. Liquid Fuel Act. shall mean the regulations and orders which were made or purport to have been made under that Act and which, if that Act had been valid, would have been in operation as regulations or orders. 4. (1.) Where the day appointed by the Governor Operation of in Council pursuant to section two of this Act is a day ~ ~ ~ on­ earlier than the date of the publication of the Regulati~ nB. Proclamation in the Gazette appointing such day- (a) The provisions of the Commonwealth Regula- tions which were or purported to be in force on that day shall, as on and from that day, be deemed to have been in' force as laws of this State, and any regulations made or purporting to have been made under the * LiquidFuel(Rationing)Act1949, of the Parliament of the Commonwealth after that day and before the date of publication of the Proclamation aforesaid shall be deemed to have come into force as laws of this State at the respective times at which they came or purport to have come into operation in this State as laws of the Commonwealth; and (b) The provisions of the Commonwealth Regula- tions .which were or purported to be in force in this State immediately before the date of the publication of the Proclamation aforesaid shall, subject to this Act, be in force in this State as laws of this State as on and from such date. (2.) Where the day appointed by the Governor in Council pursuant to section two of this Act is the date of the publication of the Proclamation appointing such day or any later date, the provisions of the Common- wealth Regulations which were or purported to be in force in this State immediately before such day shall, subject to this Act, be in force in this State as laws of this State as on and from such day. (3.) In the provisions in force, or deemed to l).ave been in force at any time, by virtue of this section- (a) Any reference to the Minister shall be deemed to be or to have been a reference to any Minister of State of the Commonwealth; * No 51 of 1949 of the Commonwealth.

254 WAR LEGISLATION. Liquid Fuel Act. 13 GEO. VI. No. 45, Offences. (b) Any reference to the Gazette shall be deemed to be or to have been a reference to the Oommonwealth of Australia Gazette; (c) Any reference to a State shall, where the context so permits, be deemed to include or to have included a reference to a Territory of the Commonwealth forming part of the Commonwealth. (4.) Where on or after the date of the publication of the Proclamation under section two of this Act or the date of commencement of this Act, whichever is the later date, the Commonwealth Regulations which are applicable to or in respect of the Australian Capital Territory are amended (otherwise than by an amendment which is expressed to apply only to or in respect of the Australian Capital Territory) such amendment shall have and take effect in re13pect of those Regulations in force in this State by virtue of this Act as if made by regulations made under this Act. (5.) All things done or purporting to be done before th~ date of commencement of this Act under or for the purposes of the provisions of the Commonwealth Regulations, in their application, or" purported application, to this State, shall be deemed to have been done under or for the purposes of those provisions as in operation by virtue of this Act. (6.) The provisions of any order made before the date of commencement of this Act and in force by virtue of this Act may be amended or repealed by order made under the provisions in force by virtue of this Act. 5. (1.) Any person who contravenes or fails to comply with- (a) Any provision of any regulation in operation by virtue of this Act; or (b) Any order, rule, or other instrument in operation by virtue of this Act or made in pursuance .of any regulation in operation under this Act, shall be guilty of an offence against this Act. (2.) Any person who is guilty of an offence against this Act shall be liable to a penalty not exceeding one hundred pounds or imprisonment for a term not exceeding six months.

WAR LEGISLATION. 255 1949. Liquid Fuel Act. (3.) All proceedings for offences against this Act shall be heard and determined summarily in accordance with the provisions of *" The Justices Acts, 1886 to 1949," and any penalty for forfeiture imposed in respect thereof may be enforced and recovered as provided by those Acts. (4.) In addition to any other punishment, the justices may, if they think fit, order the forfeiture of any goods in respect of which an offence against this Act has been committed. 6. Where a person convicted of an offence against Offences.by this Act is a body corporate, every person who, at the corporatIons. time of the commission of the offence, was a director or officer'of the body corporate shall be deemed to be guilty of the offence, unless he proves that the offence was committed without his knowledge, or that he used all due diligence to pre~ ent the commission of the offence. 7. (1.) Where any person is convicted of an offence Power to against this Act, the justices by whom he is convicted order . may, either in addition to or in lieu of any punishment ~: ~~' :­ provided for the offence, require him to enter into recognizances with or without sureties to comply with the provisions of t~ e regulations, orders, rules, or other instruments in relation to which the offence was committed. (2.) If any person fails to comply with an order of the justices requiring him to enter into recognizances, any justices may order him to be imprisoned for any term not exceeding six months. 8. The Supreme Court may, at the suit of the Injunotions. Attorney-General for the Commonwealth, make such orders and injunctions as the Court thinks fit restraining persons from committing offences against this Act and generally for ensuring compliance with the provisions in force by virtue of this Act. 9. (1.) The Governor in Council may, after Regulations. consultation has taken place between the Premier of this State and the Prime Minister of the Commonwealth, make regulations- (a) For or in respect of any matters or class of matters dealt with in the Commonwealth Regulations in operation by virtue ofthisAct; (b) Repealing or amending any regulation in operation by virtue of this Act. * 50 V. No. 17 and amending Acts.

256 WAR LEGISL,ATION. Liquid Fuel Act. 13 GEO. VI. No. 45, 1949. (2.) All regulations made under this section shall- (a) Be published in the Gazette and shall upon such publication be judicially noticed; (b) Take effect from the date of publication or from a later date to be specified in the regulations; and (c) Be laid before Parliament within fourteen sitting days after publication if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session. If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after such regulations have been laid before Parliament disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect but without prejudice to the validity of anything done in the meantime. For the purposes of this subsection the term" sitting days" shall mean days on which Parliament actually sits for the despatch of business. Duration of Act. 10. (1.) This Act and any regulations in operation by virtue of this Act and any orders, rules, or other instruments in operation by virtue of this Act or such regulations shall terminate on the thirty-first day ofAugust, one thousand nine hundred and fifty, or on such earlier day as may, after consultation has taken place between the Premier of this State and the Prime Minister of the Commonwealth, be appointed by the Governor in Council and notified by Proclamation published in the Gazette. (2.) The provisions of section two of *" The Acts Shortening Acts" shall apply in relation to the termination of this Act and of any such regulations, orders, rules, or other instruments as if that termination were a repeal and any such regulation, order, rule, or other instrument were an Act. * 31 V. No. 6 and a.mending Acts. WAR SERVICE LAND SETTLEMENT ACQUISITION See LAND. WAR SERVICE (SUGAR INDUSTRY) LAND SETTLEMENT. See LAND.