Liquor Act Amendment Act of 1920 (10 Geo v No. 16) (Qld)

LAND TAX.-LIQUOR. 9207 10 GEO. V. No. 16, 1920. Liquor Act Amendment Act. Subsections three and four of the said section are repealed. 11. In section thirty of the Principal Act the words Amendment "The Judges of the Supreme Court, or a majority of of s. 30. them of whom the Chief Justice shall be one," are repealed and the words" The members of the Land Court or a majority of them" are inserted in lieu thereof. LIQUOR. An Act to Further Amend "The LiquorAct of 1912" in certain particulars. [ASSENTED TO 17TH FEBRUARY, 1920.] 10 Geo. V. No. 16. THE LIQUOR AOT AMENDMENT AOT OF 1\)20. B E it enacted by the King's Most Excellent'Majesty, • by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as" The Liquor Act Amend- Short title ment Act of 1920," and shall be read as one with *" The : ~~struction LiquorAct of 1912," herein referred to as the Principal of Act. Act. 2. In section one hundred and sixty-three of the Amendment Principal Act, after the word " Part" the words " except of s. 163. section 191A. of this Act" are inserted. 3. (1.) After the fourth paragraph of section ·one ~ mendrrient hundred and sixty-eight of the Principal Act the following o. s. 168. provision is in8erted :- . "Every local option vote shall be taken on the same . day in the month of May in every third year, on a day to be fixed by the Governor in Council" by notification in the Gazette: Provided that such vote shall not be . taken on the same day as the ·day of the State Gen~ ral Election or the Commonwealth General or Senate Election." (2.) In the last paragraph of the said section the words "which the Senate Election will be held at" are repealed. * 3 Geo~ V. No. 29, supra, page 5527. i .J

9208 LIQUOR. LiquorAct Amendment Act. 10 GBO. V. No. 16, • (3.) Every request made in the year o.ne tho.usand nine hundred and nineteen pursuant to. sectio.n o.ne hundred and sixty-eight o.f the Principal Act fo.r a lo.cal o.ptio.n vo.te shall be deemed to. be a request fo.r a lo.cal o.ptio.n vo.te to. be taken in the year o.ne tho.usand nine hundred and twenty under the said sectio.n as amended by this Act. Amendment 4. In sectio.n o.ne hundred and seventy o.f the Princi- of B. 170. pal Act, the wo.rds " at any Senate electio.n" where they twice o.ccur are repealed and the wo.rds" o.n any day fixed fo.r a lo.cal o.ptio.n vo.te" are inserted in lieu thereo.f. Amendment 5. In sectio.n o.ne hundred and seventy-o.ne o.f the of B. 171. Principal Act, the wo.rds "Senate electio.n" where they twice o.ccur are repealed and the wo.rds "lo.cal o.ptio.n vo.te" are inserted in lieu thereo.f. . Amendment 6. In sectio.n o.ne hundred and seventy-two. o.f the of s. 172. Principal Act, the wo.rds " the po.ll therein at the Senate electio.n" are repealed and the wo.rds "the lo.cal o.ptio.n vo.te therein as hereinbefo.re pro.vided "are inserted in lieu thereo.f. . The last paragraph o.f subsectio.n fo.ur o.f the said sectio.n is repealed. . ~ Amendment 7. In paragraph (a) o.f sectio.n o.ne hundred and of s. 189. eighty-nine o.f the Prihcipal Act, the wo.rds "fo.r the Senate electio.n" are repealed and the wo.rds "by the Go.verno.r in Co.uncil fo.r that purpo.se" are inserted in lieu thereo.f. 8. After sectio.n o.ne hundred and ninety-o.ne o.f tILe Principal Act the fo.llo.wing sectio.n is inserted : - ~ tate poll as [191A.] (1.) In the mo.nth o.f Octo.ber, o.ne tho.usand ~~ Z: ~~ ~ ~ nine hundred and twenty, and thereafter in the mo.nth to be held o.f Octo.ber in every third year, except as h<;reinafter pro- triennially. vided, a po.ll shall be taken o.f the electo.rs o.f every. electo.ral district o.f the State upo.n the fo.llo.wing Reso.lu- . tio.ns A, B, and C, submitted upo.n a ballo.t-paper in the fo.llo.wing fo.rm : - Are you in favour of- D A. State management of manufacture, importation, and sale of fermented and spirituous liquors ~ o B. Prohibition of manufacture, importation, and retail of fermented and spirituous liquors, to take effect in July, 1925 (in the case of the poll in 192(} or 1923, or insert other date three years ahead in. the case of subsequent polls) ?

LIQUOR. 1920. LiquorAct Amendment Act. o C. Continuance of the present [or if A or B has been carried, Return to the earlier] system of manu- facture, importation, and retail of fermented and spirituous liquors ~ (2.) Provided that- (a) The date of such poll in October, one thousand nine hundred and twenty, and in October in each third year thereafter shall be fixed by the Governor in Council ; (b) Such date shall not be within sixty days before or after any State General Election or any Federal General Election or Senate Election, and in order to comply with this provision the Governor in Council may. and shall make such alteration in the date of such poll as may be found necessary. (3.) The voter shall vote on all the three resolutions so submitted. He shall do so by marking a cross in the square opposite the resolution for the carriage of which he wishes his vote in the first instance to be counted, and by marking the figures 2 and 3 respectively in the respective squares opposite the remaining resolutions, so as to indicate the order of his preference on such other resolutions. Any ballot paper on wliich the marks X and 2 and 3 do not appear as aforesaid shall be rejected at the count as informal. . If an absolute majority of the votes cast at any such poll throughout the State is not in favour of the carriage of any of the resolutions aforesaid, then the resolution which has received the least number of votes in the first instance shaH be deemed the lost resolution. The vote of every voter who has voted for the lost resolution shall be counted for that resolution of the other two resolutions for which the voter has indicated his first preference by marking the figure 2 in the square opposite to such resolution. The votes so counted for such other two resolutions shall be added to the votes originally given for them, and the resolution which receives the greatest number of votes including the votes so counted shall be deemed to be carried at the poll. 9209

, f 9210 LIQUOR. LiquorAct Amendment Act. 10 GEO. V. No. 16, (4.) The result of the voting shall be notified by the returning officer to the Minister within seven days after the votes have been counted, and the Minister shall publish such result in the Gazette. Such publication shall be sufficient evidence of the result. The court shall announce the result in open court, and make a record thereof in the court. (5.) In the event of Resolution A or B being carried u,t the poll taken in the year one thousand nine hundred and twenty, the resolution carried shall take effect as from the first day of July, one thousand nine hundred and twenty-five. In the event of Resolution A or B being carried at the poll taken in the year one thousand nine hundred and twenty-three, the resolution carried shall take effect as from the first day of July, one thousand nine hundred and twenty-five. In the event' of Resolution A or B being carried at any poll taken subsequent to the year one thousand nine hundred and twenty-three, the resolution carried shall take effect as from the first day of July in the third year after the carriage of the said resolution. (6.) If Resolution B is carried, on and from the date when it takes effect and until Resolution C has been carried at a subsequent poll the following provisions shall apply:- (a) Every license shall cease and become absolutely void and shall not be renewed. (b) It shall not be lawful to import into or to manufacture, sell, supply, deliver, barter, or otherwise dispose of any liquor within Queens- land. Ally person who imports into or manu- factures, sells, supplies, delivers, barters, or otherwise disposes of liquor within Queens- land shall be liable to the same penalties as ,are imposed by this Act for selling liquor without a license. All such liquor, whatever the quantity may be, and all measures, jars, or other utensils' used in holding, or measuring, or conveying it,

LIQUOR. 9211 1920. LiquorAct Amendment Act. found in the possession or custody of any such person, shall be forfeited and shall be destroyed or sold subject to this Act. (c) Nothing in this subsection shall be held to prohibit the sale of methylated spirits for use in the arts or manufactures or as a fuel; or to prohibit the sale of liquor for medicinal use under the following conditions, that is to say:- (i.) The sale must be on the prescription of a legally qualified medical practitioner; and (ii.) The seller must be a pharmaceutical chemist registered under *" The Pharmacy Act of 1917" or any Act amending or in substi- tution for the same; and (iii.) The bottle or other vessel in which such liquor is contained must bedistinctly labelled with the words" Intoxicating Liquor" and .the name and address of the seller. If any person sells liquor for medicinal use otherwise than is herein provided, he shall be liable for the first offence to a penalty not exceeding twenty pounds, and for the second or any subsequent offence to a penalty not exceeding fifty pounds. . For the purposes of this subsection, any keeper or other person in charge of any inn C)r public accommodation house, or any employee of such person, who stores or keeps any liquor on behalf of any person, with liberty to such person or any other person to consume the same on his premises, shall be deemed to supply liquor. (7.) The following provisions shall apply to theprovisi~ ms taking of a poll under this section :_ for votmg. (a) The poll shall be taken at the polling-places appointed by the Governor in Council in that "!Jehalf; (b) Every elector is qualified to vote; (c) The returning officer shall, with respect to such poll, have all the powers possessed by a returning officer at any election of a member of the Legislative Assembly; * 8 Geo. V. No. 11, 8upra, page 8320.

9212 LIQUOR. Liquor Act Amendment Act. 10 GEO. V. No. 16, 1920· (d) The manner of voting shall be similar to that followed in the election of members of the Legislative Assembly; (e) The provisions of any law for the time being regulating the conduct of elections of members of the Legislative Assembly shall, so far as they can be made applicable, mutatis mutandis, apply to the taking of a poll under this section. Expenses, (8.) The expenses of every poll under this section d h e o f w rayed. l!lhall be defrayed out of the Consolidated Revenue. Compulsory 9. The provisions of section sixty-three of *" The voting. Elections Act 01 1915," with the exception of the second paragraph of subsection one of the said section, shall apply to every poll to be taken under this Act. 10. After section two hundred and nine of the Principal Act the following section is inserted :- Form and [210.] (1.) In all requests, petitions, or memorials srpeiegqtniutaeitosutnsrse, , of uadnddietrioonr toreltahteingfirstto sthheies t Aocft, suecahchreaqnudesetv, epreytistihoene,t oinr amnedmorials. mmeamtteorriaolf sthhaell fbiersthesahdeeedt wthietrheoaff,awcshiimchileshoaf ltlhbeesuvbisjeibclte- to every person signing such request, petition, or memorial. (2.) Every signature to any such request, petition, or memorial shall be made or signed in the presence of a witness who shall immediately thereupon sign his name and add his address as witness thereto. (3.) In every case except that of a request under section one hundred and sixty-eight of this Act, every person upon signing any request, petition, or memorial as aforesaid shall also add his address. MAIN ROADS. See RoADS. * 6 Geo. V. No. 13, supra, page 6779. tt