Local Authorities Act Amendment Act of 1910 (1 Geo v No. 22) (Qld)

10020 LOCAL GOVERNMENT. Local .duthorities Act Amendment Act. 1 GEO. V. No. 22, LOCAL GOVERNMENT. 1NGoe.o. 22V. . An Act to Amend the Law relating to Local THE LOCAL Authorities. AUTHORITIES ACT [ASSENTED TO 4TH JANUARY, 1911.J B AMENDMENT ACT OF 1910. 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 :- Short title 1. This Act may be cited as "The Local Authorities a co n n d struction Act Amendment Act of 1910," and shall be read as one of Act. with" The Local AuJhorities Act of 1902,"* hereinafter called the Principal Act. That Act and this Act may together be cited as "Tile Local Authorities Acts, 1902- 1910." At: t~ il~ ? nt 2. In section seven of the Principal Act, the definition ~ f D~ : s~ ~ ~ ~ r. of " newspaper" is repealed, and the following definition is inserted in lieu thereof :- Newspaper. "Newspaper"-A newspaper published in the Area, or, if no newspaper is so published, a newspaper generally circulating in or near the Area. o A f m s e . n1d2m. Ctnt twelv 3 e . oIfnththeePfriirnstcippaarlaAgrcatp, hthoef wsuobrdse" ctnioinnet"wois orfepseecatlieodn, and the word" twelve" .is inserted in lieu thereof. Amendment 4. The following provision is added to the first of s. 14. paragraph of section fourteen of the Principal Act : - Any person who under subsection five of section twenty-four of this Act is entitled to vote in respect of land whereof a corporation or joint stock company is the occupier or owner shall, so long as he remains so entitled, be qualified to be elected or appointed and to act as a· member of the Local Authority of the Area in which such land is situated. But not more than one director of any such company shall be so qualified. A of m s e . n 1 d 5 m . ent to sec 5 t . io ( n 1. f ) ifTtehene fooflltohweinPgrinwcoirpdasl Aarcet : ad-ded to the proviso or (e) The sale of goods to or the performance of any work for the Local Authority bond fide in the ordinary course of business and not pursuant to auy written contract, and not exceeding the sum or value of twenty pounds in anyone year. .. 2 Edw. VII. No. 19, supra, page 8355. I

LOCAL GOVERNMENT. 10021 1910. Local Authorities Act Amendment Act. (2.) After the said section, the following section is inserted :- [15A.] No person elected or appointed a member of a A member . Local Authority shall be capable of acting as such unless ~ ~ ' : ; ~ ~ V: h~ lB his name appears upon the Voters' Roll of the Area. roll. 6. The following provision is added to section seventeen of the Principal Act :- For the purposes of this section, the expression "pre- ceding year" means the year ending on the thirty-first day of December last past. the f 0 7 1 . 1oAwfitnegr sesecctitoionnis tiwnesenrttye- dtw: o- of the Principal Act' oAfms. en 1 d 7. ment [22A.] Notwithstanding anything in this Act con- P?wer to t a · Ined, tlle Governor I.n Coun' Cll may, upon the petI' tI' On 0 f C dl o B u B n o c l i v l e . a at least one-fifth of the ratepayers of the whole Area, by Order in Council at any time, if in his opinion circumstances have arisen rendering it necessary' so to do, dissolve any Council"; whereupon the following consequences shall ensue:- Ca) All the members of the Council shall forthwith go out of office; (b) A fresh election of the members of the Council shall be held by and before such returning officer, and at such time as the Governor in Council may appoint; and, if necessary, a fresh Voters' H 011 shall be compiled in accordance with this Act for such election by such person and in such manner as the Governor in Council may direct, and such Roll, when compiled and certified to be correct by such person, shall be conclusive as to the right to vote, and shall not be questioned at or in connection with such election. 8. (1.) Subsection two of section twenty-four of the ~~ mendment8 Pri~ cipal Act is repealed, and the following subsection is ot s. 24. inserted in lieu thereof :- [2.] Provided that no person shall be entitled to vote- (a) At the annual election of memberlS in the month of February, unless on or before the thirty-first day of December previously; or (b) At any extraordinary election of a member or members, unless fourteen clear days before the day of nomination; r

10022 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, all sums then due to the Local Authority in respect of Rates (including interest thereon, if any) for the payment of which he is liable have been paid. (2.) After subsection five of the said section, the following subsection is inserted : - [5A.] Provided always that the number of votes which may be given in respect of ~ 11 land held by joint occupiers or joint owners respectively under subsection four hereof, or by a corporation or joint st.ock company respectively under subsection five hereof, shall not in any case exceed the number of votes which under subsection one hereof could be given by an individual person if he were the owner or occupier of the same land; and in any such case, if only one vote could be so given, the person entitled to give such vote shall be the person whose name stands first in order in the Rate Book or valuation and return, as the case may be. Repeal of 8.26. 9. Section twenty-six of the Principal Act is repealed. Amendments 10. In subsection one of section twenty-seven of the of s. 27. Principal Act, the. words "In the case of a Town on or before the seventh day of January" are repealed, and the words "In every Area on or before the fourteenth day of January" are inserted in lieu thereof; also, the words" or ward" are repealed, and the words" or division" are inserted in lieu thereof. The second paragraph of the said subsection is repealed. Subsection two' of the said section is repealed, and the following subsection is inserted in lieu thereof : - (2.) The said Voters' Roll shall comprise the names of all persons who, pursuant to section twenty-four of this Act, are entitled to vote at the annual election to be held in the month of }-"ebrua.cy next followi~ g. If while the. said Voters' Roll is being prepared the Rate Book is amended, the clerk shall furnish to the Returning Officer a true copy of all such amendments certified under his hand to be a true copy, and the Returning Officer, in the preparation of the said Voters' Roll, shall be guided thereby. If after the said Voters' Roll is completed, and not later than seven clear days before the day of nomination for the annual election, the Rate Book is amended, the clerk shall furnish to the Returning Officer a true copy of all such amendments certified as aforesaid, and the Returning Officer shall amend the said Voters' Roll so as to conform in all respects with the Rate Book.

LOCAL GOVERNMENT. 10023 1910. Local Authorities Act Amendment Act. The following subsections are added to the said section :- (5.) The Voters' Roll used at the annual election shall, after the conclusion of that electjon, remain in force and be used at all elections until a new Voters' Roll is prepared in like manner. But for the purposes of any extraordinary election the said Voters' Roll shall bA amended so as to comprise the names of all persons who, pursuant to section twenty-four of this Act, are entitled to vote at such extraordinary election; and for that purpose it shall be the duty of the clerk to furnish to the Returning Officer a true copy of all amendments of the Hate l~ ook certified as aforesaid, and all particulars therein appearing which will enable the Returning Officer to so amend the said Voters' Roll. (6.) ~ o amendment shall, however, be made in the Voters' Roll during the period commencing seven clear days before the day of nomination for any annual or extraordinary election and ending with the day of election. 11. In subsection one of section twenty-eight of the Amendments Principal Act, the words "In a 'fown" are repealed. of s. 28. '1'he third paragraph of the said subsection is repealed. 12. In subsection three of section thirty-one of the Amendment Principal Act, the words "at the time appointed by the of s. 3l. Returning Officer" are repealed, and the words "on such day, being not· less than thirty nor more than fifty clear days after the occurrence of such vacancy, as the Returning· Officer appoints, and in default of such appointment on the thirty-first day after the occurrence of such vacancy," are inserted in lieu thereof. 13. 'fhe following provision is added to section thirty- A.mendment four of the Principal Act :_ of 8.34. If an extraordinary vacancy arises in the office of Chairman, the' members present at any meeting, other than a special meeting culled for the election of a Chairman, shall elect from amongst themselves a member to be the chairman.at such meeting. 14. In subsection three of section thirty-seven of the Amendment Principal Act, after the word" noon," the words" or at such of s. 37. hour as may be appointed by the By-laws" are inserted. 15. The following provision is added to subsection one A.mendment of section forty-six of the Principal Act:- of s. 46. All such books, documents, papers, and writings which are not by this Act declared to be open to inspection shall .,

10024 LOCAL GOVER.NMENT. ~ ocal Authorities Act Amendment Act. 1 GEO. V. No. 22, nevertheless be open to inspection by any member, unless in any case the Local Authority otherwise directs. Any person having the custody of any such book, document, paper, or writing who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. 16. After section forty-six ot the Principal Act, the following section is inserted:- . Returns. [46A. J The LocalAuthority shall provide the Minister, at his request, from time to time with such returns relat- ing to matters under its jurisdiction as may be requ~red for the purpose of statistical information, and the Minister shall fix a reasonable time within which the returns so required shall be furnished. Any officer appointed for that purpose by the Minister shall at any time have access to the books of the Local Authority, and may examine the same for the purpose of ascertaining if such returns are correct Any Local Authority which neglects or refuses to furnish any return reQuired by this section or makes a false return, and any person who impedes ur obstructs any inspector m' officer appninted by the Minister to perform any duty under this section, 5hall be liable to a penalty not exceeding fifty pounds. The clerk and the Chairman and every member of the Local Authorit.y who causes or is privy to any such neglect, refusal, or falsity shall also be liable to the same penalty. This section also applies to every Joint Local Aut40rity. Amendment 17. T n the first paragraph of section sixty of the of s. 60. Principal Act, the words "alter or" are repealed. Amendment of s. 64. 18. In the second paragraph of subsection two of section sixty-four of the Principal _"et, after the words "ten years, " the words "or such longer term not exceedin~ t\\enty-one years as the Governor in Council may approve," are inserted. 19. After slction sixty-four of the Principal Act, the following section is inserted:- Wharf at Imd [64A.] Where any road at the end thereof abuts of road. immediately upon a river, the Local Authority may, from time to time, let or demise or otherwise grant or pel'mit to any person the use or occupation of the frontage of such road to such river for the purpose of building wharves thereon, and aiso so much of the said road as is necessary for the purpose of constructing the necessary roadways and approaches to such wharf, for such time and upon

LOCAL GOVERNMENT. 10025 1910. Local Authorities Act Amendment Act. such terms and subject to such conditions, stipulations, and agreements as the Local Authority may consider advisable; but no such lease, demise, grant, or permission shall be for any term exceeding twenty-one years, or be granted or . given, unless with the consent of the own~l' S of the lands on both sides of the road having a frontage to the road and also having a frontage to the river. 20. Afte;r section sixty-seven of the Principal Act, the following section is imerted:- r 67 A.] The Local Authority may erect upon any land Power to vested in it, ~ nd which for ~ h~ time being is not req~ ired : ~ ~ets, &e., for any publIc purpose, buIldmgs to be used for busmess anllet same. or residential purposes, and may let and demise or other- wise grant or permit to any person the use or occupation of such buildings at such rent and subject to such condi- tions as the Local Authority may consider advisable. 21. In subsection one of section sixty-nine of the Amendment Principal Act, the words "authorise the Local Authority to of s. 69. assume the management and control of " are repealed, and the words" place under the management and control of a Local Authority" are inserted in lieu thereof.• The following provision is added to subsection two of the said section:- Thereupon the provisions of subsection two of section one hundred and fifty-four shall apply to every such reserve. The·following provIsion is added to the said section : - (5.) For the purposes of this section a reserve includes any miner's common or any land which under Part XI. of ., The Minin,'l Act oj 1898"* may be proclaimed as a miner's common. And whenever any such land as afore- said is placed under the management and control of a Local Authority, the provisions of the said Pa·rt XI. of the said Act, except section one hundred and eighty-two thereof, shall be applicable and shall be administered by such Local Authority; and references therein to regula- tions shall be deemed to relate to the By-laws of such Local Authority, which By-laws it is hereby empowered to make. Nothing herein shall he construed to prevent the taking up or holding of mining tenements or miners' homesteads on any such lands. • 62 Vie. No. 24, supra, page 6609.

10026 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, Amendment 22. In subsection two of section seventy-one of the of s. 71. Principal Act, after the word "hospitals," the words "public societies associations or institutes formed for ensuring the supply of milk or other perishable food or food products in a sound and pure state," are inserted. Amendments 23. (1.) In subsection one of section seventy-three of s: 73. of the Principal Act, the words" carriage ways and foot- ways" are repealed, and the word "roads'} is inserted in lieu thereof. In the first paragraph of subsection five of the said section, the words" a licensed" are repealed, and the words "an authorised" are inserted in lieu thereof. In the second paragraph of the said subsection, the words" and the situation and width of the carriage ways and footways thereof" are repealed. In subsection six of the said section, the words "the fact shall be specially declared and the extent of such encroachment shall be delineated and described" are repealed, and the words" the owner or occupier shall upon application be entitled to receive a diagram showing the . extent of such encroachment" are inserted in lieu thereof. The following provision is added to subsection seven of the said section :-in a sum which shall bear the same proportion to the value of the whole of the land as the area of the part excised by the alignment bears to the area of the whole of the land: Provided that no com- pensation shall be payable where the area of the land is not reduced by the alignment to a lesser area than is conveyed by the instrument of title to the land. In subsection eight of the said section, the words "and described" and the words "and description" are repealed; also, the'words "and the situation and width of the carriage ways and footways" are repealed, and the words "and the width of the roads" are inserted in lieu thereof. Alignlllent of roads. (2.) In section seventy-four of the Principal Act, after the word" building" where it twice occurs, the words " or retaining wall" are inserted. In the said section, the words "to be fixed by the Minister" are repealed, and the words "to be fixed by By-laws (which the Local Authority is hereby empowered to make) " are inserted in lieu thereof.

LOCAL GOVERNMENT. 10027 1910. Local Authorities Act Amendment Act. The following provisions are added to the said s~ ction: ­ It shall not be lawful to erect any such building or retaining wall or to alter or add to any such existing building or retaining wall, until such certificate has been obtained. The amount of any fee paid under this section may be deducted from the amount of any Special Rate for the alignment of roads which may afterwards ~ be levied in respect of the !!lame land. . (3.) After the said· section, the following section is inserted :- [74A.] The entire cost of carrying into execution c<?st of the provisions of the two last preceding sections shall be ahgnment. borne by the Local Authority concerned, and shall constitute a debt due by the Local Authority to the Crown, which may be recovered by action in the name of the Minister in any court of competent jurisdiction. " The Minister, before proceeding to comply with any application by a Local Authority under section seventy- three, may require the Local Authority to give security for the due payment of the cost to be incurred in complying .with such application. (4.) The following provision is added to section two hundred and thirteen of the Principal Act:- (vii.) The alignment of roads. (5.) In the first paragraph of section two hundred and fourteen of the Principal Act, after the words "execution of a work," the words "(including the alignment of any road or part of any road)" are inserted. 24. (1.) In subsection three of section seventy-six of Amendments the Principal Act, the words" twenty-one" are repealed, of s. 76. and the words" forty-two" are inserted in lieu thereof. The following provision is added to the said section :- (8.) Provided that in every case where such map or plan shows any proposed road which, at either end thereof, is blocked by private land, the Local Authority may, unless· such road will afford direct approach to a railway station, object to such road, which objection shall be final, or may approve of such road on condition that, until such road at each end thereof is opened so as to form a continuous thoroughfare with other roads, the Local ·Authority shall not be charged with the formation, maintenance,·or repair of the same."

-- -~- -~~ -- - -- - 10028 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, (2.) After the said section, the following section is inserted :- Surveyors to [76A.J Where any authorised surveyor makes any odef ppolasintscwopityh survey of any land in an Area other than Crown land for Local the purpose of the transfer of or other dealing with the Authority. land so surveyed, he shall, without expense to the Local Authority, deposit in the office of the Local Authority a copy, certified under his hand to be correct, of every plan prepared by him for registration with a Registrar of Titles and furnished to the person by whom he was employed. And if he fails so to do within one month after the comple- tion of such plan he shall be liable to a penalty not exceeding twenty pounds. Repeal of 8.86, and amendment of s. 87. 25. Section eighty-six of the Principal Act is repealed. In section eighty-seven of the Principal Act, the words " Council of a Shire" are repealed, and the words "Local Authority" are inserted in lieu thereof; and the words "in a Shire" are repealed. 26. (1.) After section ninety-nine of the Principal Act, the following section is inserted : - Use of pounds. [99A.] When a pound has been established in an Area,. the Local Authority of such Area shall have the sole manage- ment and control thereof, and shall appoint and control the poundkeeper thereof. Such pound may nevertheless be appointed by anyone or more of the Local Authorities of any other conterminous Area or Areas, or, with the consent of the Minister, of any other suitably situated ~ t\ . rea, to be the pound, for such Area or Areas; and in that case such pound shall, for the purposes of this Act, be deemed to be the pound established for each of the Areas concerned. In such case the By-laws of the Local Authority in whose Area the pound is situated shall be the By-laws relating to the pound, but the expenditure necessary in connection with the establishment, maintenance, and management thereof, and the income derived therefrom, shall be borne by and distributed between the Local Authorities concerned in such proportions as may be agreed upon between. them, or, failing such agreement, as may be fixed by the Minister upon a reference to him in that behalf by any of such Local Authorities. Amendments of s. 103. (2.) In subsection (i.) of section one hundred and three of the Principal Act, the words" established for the Area'" are repealed. .

LOCAL GOVERNMENT. 1002~ 1910. Local Authorities Act Amendment Act. l'he following provision is added to the said sub- section :- If the nearest pound is situated in an Area other than the Area in which the trespass occurred, then the fees and charges payable in respect of the impounding shall be ' governed by the By-laws of the Local Authority having jurisdiction over the pound. (3.) The second paragraph of section one hundred and Amendmelt twenty of the Principal Act is repealed, and the following of 8. 120'1 . provision is inserted in lieu thereof : - The poundkeeper shall, within ten days after any sale, transmit the proceeds of such sale to the clerk, together with a detailed account of- (a) The several animals sold; (b) The amount realised upon each lot; (a) The moneys due to the persons impounding in respect of damages and charges for leading or driving; and (d) The fees, rates, and charges due in respect of each animal. l \i1;.) . In the second paragraph of section one hundred Amendme t and twenty-three of the Principal Act, after the words of s. 123. "the animal," the words" next in payment to the person impounding of all damages and charges for driving or leading" are inserted. The following provisions are added to the said section:- Provided that upon the expiration of two years after the sale of any impounded animal all moneys remaining in the possession of the Local Authority in respect of the sale thereof and unclaimed by the person impounding or by the proprietor of the animal shall become the absolute property of the Local Authority. If the amount of the moneys received by the clerk as aforesaid is insufficient to pay all moneys due to the Local Authority and also to the person impounding as herein- before directed, then the amount of the insufficiency shall be recoverable from the proprietor of the impounded animal by com}Jlaint of the clerk or other officer having general or special authority in that behalf from the Ohairman before any two justices, and all moneys so recovered shall be applied as hereinbefore directed. 2B

10030 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, .Amendment of 1.125. (5.) In the first paragraph of section one hundred and twenty-five of the Principal Act, after the word" claimed," the words "or the charges for leading or driving" are inserted. .Amendment (6.) The following provision is added to the first of s. 126. paragraph of section one hundred and twenty-six of the Principal Act :- "Every such complaint shall be laid not later than thirty days after the day on which the animal was impounded." Omnibu. services. Omnibus. 27. (1.) In section seven of the Principal Act, after the definition of "Occupier," the following definition is inserted:- "Omnibus"-A vehicle drawn or propelled' by animal or other power, and used for the conveyance of passengers or parcels for hire, not being a car used on a railway or tramway: the term includes a motor vehicle. (2.) In section sixty-two of the Principal Act, after the word "offices," the words "omnibus services" are inserted. Power to establish or subsidise omnibus l!ervices. (3.) After ,section one hundred and forty-five of the, Principal Act, the following section is inserted:- [145A..] (1.) The Local Authority may construct, purchase, contract for the use of, or otherwise provide omnibuses, and may carry on, maintain, manage, and work omnibus services within the Area, and may charge, collect, and take the prescribed fares and charges for the conveyance of passengers and parcels by means of such vehicles. (2.) rrhe Local Authority may, out of the Local Fund, expend, by way of subsidy or aid to any person establishing and working an omnibus service within the Area, any sum not amounting in the whole to more than two hundred pounds in any financial year. Such subsidy or aid may be granted subject to such terms and conditions as the Local Authority thinks fit to impose. Amendment of !. 213. (4.) The following provision is added to section two hundred and thirteen of the Principal Act :- (viii.) Establishing, maintaining, managing, and working omnibus services.

LOCAL GOVERNMENT. 10031 1910. Local Authorities Act Amendment Act. (5.) After section two hundred and sixty-seven of th@ Principal Act, the following section is inserted:- [267 A.] Subject to this Act, a Local Authority may Loa~8 for borrow money, either b ~ y way of advance from the Treasurer o l5 m er n V .l lc b e u s s . or by the sale of debentures, for the purpose of establishing, maintaining, managing, and working omnibus services. (6.) After subsection (vii.) of section three hundred and Amendment thirty-nine of the Principal Act, the following subsection of s. 339. is inserted :- (viiA.) The establishment, maintenance, management, and working of omnibus services. (7.) After section thirty-nine of Schedule IV. of the Amendment Principal Act, the following section is inserted;- of Soh. IV. 39A.-OMNIBUS SERVICES. (i.) Regulating omnibus services and the traffic thereby, whether such services have been established or acquired by and are under the management and control of the Local Authority or otherwise. (ii.) Fixing the farps and charges to be charged for the conveyance of passengers and parcels thereby. (iii.) Prescribing the times of running and the route. (8.) In every case where an omnibus service is estab- lished by a Local Authority or any other person within an Area or Areas comprised within the Metropolitan Traffic District subject to "The Traifi() Aot of 1905,"* or within an Area or Areas subject to any Act con- taining analogous provisions for the regulation of traffic, the power and jurisdiction of any Local Authority to make and enforce by-laws with respect to such omnibus service and the traffic thereby shall be divested from such Local Authority, and shall be vested in and be exerciseable and enforceable by the Commissioner of Police by and under Regulations made for the like purposes under such Act; and all such Regulations the Governor in Council, on the recommendation of the said Commissioner, is hereby empowered to make. 28. After section one hundred and thirtv-seven of the Principal Act, the following section is inserted ;- [137A.] Nopersoll who has not first obtained in the Alien labour prescribed manner a certificate that he is able to read and on tramways, write from dictation words in the English language of not &c. less than fifty words shall be employed in or about the construction, maintenance, management, or working of *' 5 Edw. YH. No. 18, supra, page 9002. The title of this Act is amended by "The Traffic Act AmendmRnt dct of 1910," infra, title Traffic. I •

10032 LOCAL GOVERNMENT. Local Author'ities Act Amendment Act. 1 GEO. V. No. 22, any tramway or omnibus service of the Local Authority, whether managed or worked by it or by any other person, under a penalty of one pound for each such person for every day during which such person is employed. The Governor in Council may, from time to time, make Uegulations under this Act- (L) }'or the examination and grantin~ of certificates of ability to read and write from dictation words in the English language; (ii.) For the exemptioll from the operation ot thus section of any persons or classes of persons whom for any reason it is not considered necessary to examine. Telephone lines. 29. After section one hundred and forty-two of the Principal Act, the following section is inserted;- [142A.] The Local Authority may, with the approval of the Minister, enter into any reasonable arrangement with the Postmaster-General of the Commonwealth for the construction and maintenance of any telephone lines and appliances for the use of the ratepayers or any of them, and any expense incurt'ed by the Local Authority under such arrangement shall be paid out of the Local Fund or such account as the Local Authority may d.etermine. 30. After section one hundred and forty-five of the Principal Act, the following section is inserted:- Incorpora. [145B.l (1.) Tlie Local Authorities' Association of AtiounthoofriLtioecsa' l Queensland (hereinafter called "the Association") shall be Association. a body corporate, and by that name shall have perpetual succession and a common seal and be capable in law of suing and being sued, and shall have power to compound or to prove in any competent court all debts or sums of money due to it, and of doing and suffering, subject to this Act, all such other acts and things as bodies corporate may by law do and suffer. Existing rules. (2.) The constitution, rules, and by-laws of the Asso- ciation, passed at an annual conference thereof on th~ eighth day of August, one thousand nine hundred and seven, and now in force except in so far as the same are inconsistent with any of the provisions of this Act, shall be the rules of the Association until revoked or altered by rules made pursuant to this Act. New rules. (3.) It shall be competent for the Association, with the approval of the Governor in Council, to make rules (a) for the management of the Association; Cb) for the regulation

LOCAL GOVERNMENT. 10033 1910. Local Authorities Act Amendment Act. of its proceedings; (0) for fixing the amount of the sub- scription to be paid annually to the Association by each Local Authority which is a member thereof; (d) for the regulation and management of and for fixing the rate of contributions to the Officers' Fidelity Guarantee Fund and terms ana conditions upon which the benefit of such fund shall be available to the Local AuthoI'itie- concerned; (e) for the regulation and management of and for fixing the rate of contributions to the Workers' Oompensation Fund and terms and conditions upon which the benefit of such fund shall be available to the Local Authorities concerned; and (f) generally for all matters whatsoever affecting the management of the Association not incon- sistent with the laws of Queensland. (4.) It shall bo lawful for the Association to establish Power to an 0· ffi lOers ' F 1 'del 1 'ty Guarant ee F und. eFsitdaeblliitsyh Guarantee Fund. (5.) Any Local Authority may contribute to the said C:0ntrihu. fund such sum as shall , from time to time , be fixed by the t A lO u I1 th S o o r f I , tI ~ e o s c . al Association as a premium or consideration for the guarantee of such Local Authority against all 0\' any loss which may be occasioned by the dishonesty of any person in its employment, and on the acceptance of such sum the Association, upon such terms and conditions as may be determined, shall enter into an agreement to payout of the said fund all' or any loss sustained by such Local Authority by reason or in consequence of the dishonesty of such person as shall amount to a criminal offence. (6.) In the event of the amount to the credit of the Liability of fund being at any time insufficient to pay all liabilities and ~ ~ ~ ~ ~ rities. expenses in respect thereof, every Local Authority which at such time is contributing to the fund shall pro lata to the amount of its contribution pay to the Association such amount as may be necessary to enable the Association to pay such liabilities and expenses. (7.) If the Association at any time determines to Division of discontinue such fund, the amount which, after payment ~ ~ ~ c~ ~ ! fnued. of all liabilities and expenses, shall be to the credit thereof shall be divided amongst the loca,] Authorities which at such time are contributing to the fund, and the sum payable to each such Local Authority shall be pro retia to the sums contributed by each of them respectively during the five years last preceding such discontinuance. (8.) The amount for which any Local Authority is Pay~ ~ nt of liable to the Association shall be paid within one month ~ ~ r: ; : ' l: C~ -

10034 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, after a written notice, specifying the amount payable and signed by the secretary of the Association, has been delivered or sent by post to the clerk. Effect of (9.) A guarantee obtained under this Act shall, to the gua.rantee. extent of the sum thereby guaranteed, be deemed to be a compliance with section forty-eight of this Act. ePWsotowarbeklreisrthos' a W o (1 rk 0 e .) rs' It CsohmapllebnesaltaiwonfuFl ufnodr . the Association to establish Compensation Any Local Authority may contribute to the said fund ~ ~ ~ ~ ~ ib1j- such sum as shall, from time to time, be fixed by the tions of Loca.l Association as a premium or consideration for the indem- Autlo.orities. ill 'tY 0 f such Loca1 Author' lty agam. st aIorlanylc ' aIms or compensation which may be made or become payable, owing to injuries to workers under" The Workers' Com- pensation Act o.f U105"* or any other Act, or at common law; and on the acceptance of such sum the Association, upon such terms and conditions as may be determined, shall enter into an agreement to payout of the said fund all or any such claims or compensation. Liability of ~ ~ ~ ~ ~ rities. In the event of the amount to the credit of the fund being at any time insufficient to pay all lil! bilities and expenses in respect thereof, every Local Authority which at such time is contributing to the fund shall pro ratd to the amount of its contribution pay to the Association such amount as may be necessary to enable the Association to pay such liabilities and expenses. Division of If the Association at any time determines to dis- fduisncdosni t f inued. con t' Jnue sue h f un d , th e amount w l n ' c h , a f ter paym . ent 0 f all liabilities and expenses, shall be to the credit thereof shall be divided amongst the Local Authorities ·which at such time are contributing to the fund, and the sum payable to each such Local Authority shall be pm rata to the sums contributed by each of them respectively during the five years last preceding such discontinuance. Pay~ ent .of The amount for which any Local Authority is liable & co c n . trIbutlOns, t 0 the ASSOC.la t I ' On sha11 be pal' d WI 'thm' one month. after a written notice, specifying the amount payable and signed by the secretary of the Association, has been delivered or sent by post to the clerk. Accounts. (11.) The Association shall cause fun and accurate accounts to be kept of aU sums of money received or expended by it, and of the matters and things for which such sums of money have been received or expended. ,.. 5 Edw. VII. No. 26, supra, page 8943.

LOCAL GOVER.1~ MENT'. 100315 19W. Local Authorities .Act Amendment Act. A separate account shall be kept of all moneys received or expended on account of the Officers' Fidelity GlJ.arantee Fund and the Workers' Compensation Fund respectively. The accounts of the Association shall in every year be balanced up to a date to be fixed by the rules, and forth- with on the accounts being so balanced an annual account shall be made up which shall exhibit a true statement of the receipts and expenditure respectively of the Association during the year immediately preceding with the statemeut of the balance of such account; and all books, accounts, and vouchers of the Association shall be examined and audited and certified in accordance with the rules. SI. (1.) The following words are added to subsection Noxious four of section one hundred and fifty-four of the Principal weeds, &C. Act :-" or such extended period as the Local Authority may grant, and to keep the reserve or land free from the same during a period of one year thereafter." In subsection five of the said section, after the words "one month", the words "or such extended period as aforesaid" are inserted; after the word "destroyed", the words " or jf during the said period of one year the reserve or land is not kept free from the same" are inserted; also, after the words "or land, and" the words "expend such sums of money as they may deem expedient in endeavouring to" are inserted. In subsection six of the said section, the word" in ", where it first occurs, is repealed, and t.he· word's "with the intention of" are inserted in lieu thereof. In subsection eight of the said section, the words" for the extirpation and destruction of" are repealed, and the words "in endeavouring to extirpate and destroy" are inserted in lieu thereof. (2.) In subsection two of section one hundred and Amendment fifty-five of the Principal Act, the words "under its of 8.155. control" are repealed, and the words " within the Area or at any boundary thereof ". are inserted in lieu thereof. (3.) The following provision is added to section one Amendment hundred and fifty-six of the Principal Act:- of B.156. . The provisions of this section are in addition to the powers and duties conferred and imposed by section one hundred and fifty-four of this Act for the extirpation and destruction of noxious weeds and plants, and nothing herein

10036 LOCAL GOVERNMENT. Local Authorit1'es Act Amendment Act. 1 GEO. V. No. 22, shall be construed to derogate from or prejudice the powers and authorities conferred by that section upon the Local Authority and the Minister. (4.) After the said section one hundred and fifty-six, the following sections are inserted:- Destruction of noxious weeds in creeks, &c. [156A.] For the purposes of any of the provisions of this ~ubdivision relating to the extirpation and destruction of noxious weeds and plants, where any person is the occupier or in charge of any parcel of land which abuts upon or is bounded by a non-tidal watercourse or by the bank thereof, it shall be the duty of such occupier or person in charge to extirpate and destroy all such noxious weeds and plants growing or being in the bank of such watercourse front.ing the said parcel of land, and in the water and in the bed of the watercourse to the centre line thereof if such centre line is not distant more than two chains from t he said bank, or in other cases to a distance in width ot two chains from the said bank towards such centre line, and in all such cases along the whole frontage of the said parcel of land, notwithstanding that such bed or banks lie wholly or in part outside the boundaries of the said parcel of land; aad any portion of such water- eourse or of the bed thereof with respect to which no duty is cast upon any occupier or person in charge of frontage lands as herein provided shall, if the Minister so directs, be cleared and kept clear of all such noxious weeds and plants by the Local Authorit.y at its OWl! cost. In t,his subsection the term "watercourse" includes a river, stream, 'creek, watercourse, lake, marsh, and swamp: Provided that in any of the C:1ses mentioned in this section any occupier or p~ rson in cha,rge who performs any such work of extirpation or destruction shall be entitled to claim and recover contribution from all other persons who, by reason of the situation of their lands, are similarly bound with him to perform the duty imposed by this section. M(jreover, any expense incurred by any occupier or person 'in charge of land under this section shalt he recoverable hy him from t he owner 0 f the land, and may be deducted by him fr8m any tent due in respect of the land to the owner. Destruction [156B.] (1.) 'fhe plant commonly known as Prickly PofeaPrriicnkly P ear I . S h ere b y d ec I ared to· be a noxious plant. certain .Areas. (2.) When the Governor in Council is satisfied that any Area or division of an Area is entirely free from prickly pear, or that prickly pear exists in any Area or

LOCAL GOVER.NMENT. 1910. Local Authorities Act Amendment Act. division to such extent only that such Area or division may be entirely freed from prickly pear, the Governor in Council may, by Order in Council, declare accordingly, and direct that the provisions of this section shall be applicable to such Area or division. (3.) If the Order in Council declares that the Area or division may be entirely freed from prickly pear, it shall also direct the time within which, respectively, the roads and lands under the control of the Local Authority and the lands of occupiers and owners within such Area or division shall be entirely freed from prickly pear. Thereupon it shall be the duty- (a) Of the Local Authority, within the time directed by the said Order, to extirpate and destroy all prickly pear existing upon all roads and lands under its control within the Area or division, so that all such roads and lands shall be entirely freed from prickly pear; and (b) Of the occupier and owner of every parcel of land within the Area or division, within the time directed by the said Order, without any other notice in that behalf, to extirpate and dest.roy all prickly pear existing on such land, so that all such lands within the Area or division shall be entirely freed from prickly pear. If at or after the expiration of the time limited by the said Order any prickly pear is found existing upon any road . or land under the control of the I.ocal Authority within the Area or division then the Local Authority, or upon any other land within the Area or division then both the occupier and owner of such land, shall be liable to a penalty not exceeding fifty pounds and not less than five pounds. When the Governor in Council is satisfied that the Area or division to ·which the said Order relates has been entirely freed from prickly pear, he shall by all Order in Council so declare. (4.) When an Order in Council has declared an Area or division to be entirely free from prickly pear, it shall thereafter be the duty- ea) Uf the Local Authority to keep and maintain all roads and lands under its control within the Area'or division entirely free from prickly pear; and 10037 d

10038 LOCAL GOVERNMENT'. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, (b) Of the occupier and owner of every parcel of land within the :\ rea or division, without any other notice in that behalf, to keep and main- tain such land entirely free from prickly pear. If at any time thereafter any prickly pear is found existing upon any road or land under the control of the Local Authority within the .\rea or division then the Local Authority, or upon any other Jand within the Area or division then both the occupier and owner of such land, shall be liable to a penalty not exceeding fifty pounds and not less than fi ve pounds (5.) For the purpose of enabling a Local Authority to perform its duty under this section, the Minister may-- (a) Enter into an agreement with any Local Authority for the carrying out of any work of extirl)ation and destruction of prickly pear lIpon such terms as to payment therefor as '* may be agreed, and every such agreem'ent shall he enforceable in any court of competent juris- diction; or (b) Afford such assistance to any Local Authority in connection 'with anv such work in such manner and l)y such me~ ns as to the Governor in Council seems fit. (6.) The provisions of tbis section are in addition to the powers and duties conferred and imposed hy section one hundred and fifty-four of this Act for the extirpation and destruction of noxious weeds nnd plants, und nothing herein shall he construed to d(~ rogate from or prejudice the powers and authorities conferred hy that section upon the Local Aut,hority and the Minister. Amendment 32. In section one hundred and seventy-six of the of s. 176. Principal Act, the word "Minister", where it twice occurs, is repealed, and the words "Local Authority" are respectively inserted in lieu thereof. By-laws under other Acts. By-laws of Joint Local Authorities. 33. After ~ection one hundred and ninety of the Principal Act, the following sections are inserted :--- . [190A.] The provisions of this Part of this Act shall apply to all By-laws which Local Authorities are authorised or empowered to make under any Act conferring juris- diction upon Local Authorities. [190B.] The provisions of this Part of this Act shall apply to all By-laws made or which may he made hy a Joint Local Authority.

LOCAL GOVERNMENT. 10039 1910. Local .Authorities .Act .Amendment .Act. 34. (1.) Subsection one of section one hundred and ninety-two of the Principal Act is repealed, and the follow- ing subsection is inserted in lieu thereof :- ' (1. J All moneys whatsoever received, by a Local Local Fund Authority, not being- (a) The proceeds of a loan; or (b) Revenue derived from any works or under- taking for the manufacture or conservation and supply of gas or electricity or hydraulic or other power, Ol~ any Rates in respect thereof; or (c) Revenue derived from waterworks or any works for the conservation and supply of water, or any Rates in respect thereof; or (d) Revenue derived from any tramway works or undertaking, or Rates in respect thereof; or (e) Money received on any tmst ; shall, in the bank of the Local Authority, he carried to the account of a fund to he called in the case of a l'own the "'fown Fund," in the case of a City the" City Fund," and in the case of a Shire the " Shire Fund." A separate account shall he kept in the said bank in respect of each of the matters referred to in paragraphs (a), (b), (c), (d), and (e) of this subsection. (2.) Subsection four of section two hundred and ten of A:11endment the Principal Act is repealed, and the following subsection of 8.210 (4). is inserted in lieu thereof :- [4.J 1£ at the beginning of any year a Local Authority whose Area is not divided has to the credit of the Local Fund, after deducting the amount of any Special Rates which have been included therein, sufficient mone," to defray all its probable and reasonable expenses for th1{t year, or if a Local Authority 'whose Area is divided has sufficient money in the Local Fund to the credit of each division, after deducting the amount of any ~ pecial Hates in respect of each division which have been includcel therein, the Governor in Council may excuse the LOCJl Authority from making any Gen~ ral Hate during that year in respect of the whole Area or allY division thereof, or may direct that the maximum amount of any Rate to l)e made during that year shall not be more than an amount to be specified by the Governor in Council.

10040 LOCAL GOVERNMENT. Local Autho'rities Act Amendrnent Act. 1 GEO. V. No. 22, (3.) Section two hundred and sixty-five of the Prin- cipal Act is repealed, and the following section is inserted in lieu thereof:- :::='' Separate accounts [265.1 When an Area is divided, the ].ocal Authority for divisiom. shall in all cases keep in thp, books of the Local Authority a separate and distinct account in respect of each division, and the following provisions shall be applicable ;- (i.) All moneys received in respect of General Rates levied upon the rateable land in the several divisions shall be credited to the respective accounts of' the several divisions in respect of which they were received; (ii.) Ordinary revenue other than the receipts in respect of General Hates shall be credited to the account of each division in such proportion as the J.. ocal Authority sball direct .; (iii.) Save as hereinafter provided, all moneys expended upon any work, matter, or thing within the limits of a division shall be charged against and dehited to the nccount of that division; (iv.) Expenditure in respect of all salaries, allow- ances, and the management of the office of the Local Autbority, and any other expense incurred in respect of any work, matter, or thing which is of general and as nearly as may be of equally distributed benefit throughout the 'whole Area, shall be charged against the account of each division in proportion to the yalue of rateable land in each division; (v.) Expenditure in respect of any work, matter, or thing which is of unequal benefit to the several divisions, or Iyllich is of benefit to seyeml but not to all divisions, shall be charged against each division or the several divisions benefited in such proportion as the Local i\uthority shall, by a lesolutiOlJ passed at a meeting specially convened for the purpose, direct, and such proportion shall, as nearly as practicable, be in proportion to the benefit derived in the several divisions; (vi.) Any sum which, pursuant to section Dne hundred and ninety-two of this Act, is payable out of the Local Fund shall be charged to such

LOCAL GOVEHNMENT. 10041 1910. Local Authorities Act Amendnumt Act. one or more of the divisions or to all the divi- sions as or in such proportion as the I"ocal :\ uthority shall direct: Provided that, if there is not sufficient money to the credit of the account of any division so charged as aforesaid to meet the obligation thereon, such obligation may temporarily be discharged by an advance out. of the account of any other division or divisions, and thfl Local Authority shall increase the amount of the next ensuing General Rate levied and collected in the division so charged as aforesaid by an amount which will provide the sum required; (vii. ) '1'he balances, whether to the debit or credit of the rl'spective divisions, shall be carried forward fr0m year to Jear ; (viii. ) Nothing in this section contained shall be construed to prejudice or affect the right or remedy of the Treasurer or of any debenture holder in respect of any money due or payable at any time to him, whether by way of principal or interest, in respect of any loan raised by the Local Authority on the security of the Local :Fund or the revenues of tile Local Authority; (ix.) Any twenty ratepayers of an Area may, by petition to the Minister, appeal against any resolution of the Local Authority under this section, and the Minister shall immediately cause such inquiry to be made as he thinks necessary, and shall either confirm such resolu- tion with or without amendment or disallow the resolution, and his decision shall be final and binding. But the Minister may reconsider such decision at any time upon the petition of the Local Authority or any twenty ratepayers of the Area. 35. After subsection three of section one hundred Amendment and ninety-five of the Principal Act, the following sub- ofs.195. section is inserted :- [BA.] In the case of land which is held under lease or. license from the Crown under the laws in force relating to the occupation and use of Crown lands, and where under the terms of his tenure the occupier is bound to eradicate and destroy noxious weeds or plants on the land, and

10042 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, the rent payable for the year in which the valuation is made is accordingly a quit rent or nominal rent or reduced rent, then, if an estate in fee-simple in such land may, in pursuance of the laws aforesaid, be acquired by the occupier or any other person immediately or at a future time, the value of such land shall be estimated at the amount which a purchaser might at the date of valuation be reasonably expected to give for the assignment of the lease or license with all its accompanying rights and obligations,' other than structural improvements, taking into consideration the uses to which the land in its then state might reason- ably be put: Provided that no separate portion of such land shall be valued at a less sum than at the rate of ten shillings for every acre of land being agricultural land, and at the rate of five shillings for every acre of land being grazing land comprised therein. o A f m B. en1d9m7.ent ninet 3 y- 6 s . evIenn soufbsthecetiPonrintcwiopaol fAscet,cttihoen wonoerdhs u"nfdorerdevaenryd mile or fraction of a mile in length of such pipes, according to the internal diameter thereof, the undermentioned sums" are repealed; and the words "according to the actual length of such pipes and the internal diameter thel'eof, sums at the rate per mile hereunder mentioned" are inserted in lieu thereof The following provision is added to the said sub- section:- Provided that where any such main pipes are laid in any road which forms the boundary between two Areas, each Local Authority shall be entitled to be paid one-half o~ the amount of rate payable in respect of such main pIpes. In subsection three of the said section the words" the sum of two pounds for every mile or fraction of a mile in lengtll of the rOf\Jd or portion thereof in which any such line or lines may be laid down or constructed" are repealed; and the words "a sum at the rate of three pounds per mile in respect of the actual length of each separate electric line conduit laid down or constructed in .each road: Provided that, where any such conduit is laid down or constructed in any road which forms the boundary between two Areas, each Local Authority shall be entitled to be paid one-half of the amount of rate payable in respect of such conduit." . I 7

LOCAL GOVEHNMENT. 10043 1910, Local Authorities Act Arnendl1wnt Act. In this subsection "Conduit" means and includes any combination or aggregation of electric lines laid in one receptacle underground, or carried above ground by one line of poles or standards. 37. 'fhe first paragraph of section two hundred and Amendments three of the Principal Act is repealed, and the following of s.203. provisions are inserted in lieu thereof:- Whenever an entirely fresh valuation of all rateable land is made in any Area under section one hundred and ninety-four of this Act, notice of such valuation and of the amount thereof shall be given in the same year in which it is made to every owner and occupier of the lands so valued. Whenever the Local Authority makes a fresh valua- tion of any portion of rateable land in any year, notice of such valuation and of the amount thereof shall be given in the same year to the owner and occupier of the land. The following provision is added to the said section:- When a Local A uthority has not in any year made such entirely fresh valuation of all rateable land, it shall publish in a newspaper a notification that the existing valuation of all lands, except those in respect of which notices of fresh valuation are given in that year, remains unchanged, and the publication of such notification shall be conclusive notice to all owners and occupiers of lands, other than' lands freshly valued within the Area, of the valuation thereof, and for the purposes of any appeal against such unchanged valuation in any year the time shall begin to run from the date of the first publication in that year of such notification. Where the valuation of any parcel of land is the ~ inimum, no notice of valuation shall be required to be gIven. 38. Subsection four of section two hundred anQ. nine Amendment of the Principal Act is repealed, and the following sub- of s. 209. sections are inserted in lieu thereof:- (4.) No General Rate made in anyone year shall exceed the amount of six pence in the pound of the value of the rateable land upon which it is made. (5.) No General Rate payable in respect of any separate portion of rateable land shall be of a less amount than five shillings. c

10044 LOCAL GOYERNMEST. -------- Local Authorities Act Amendment Act. 1 GEO.V. No. 22. oAfm B e . n2d1m5.ent . h u ' n d 3 re 9 d . aTnhdefiffotelleonwoinf gthperoPvriI . sniCon . Ipaisl Aadcdetd:- to section tWO. Provided that, with respect to Special Rates which are not Separate Rates, when an Area is divided the amounts of any such Specialltate made and levied upon the rateable land in the several divisions need not be the same, but every such Special Hate made and levied in respect of a division shall be made and levied equally upon all rateable land in the division. Amendment of B. 218. 40. In the first paragraph of section two hundred and eighteen of the Principal Act, after the words "the cost of," the words" or estimated cost of" are inserted. In the second paragraph of the said section, after the word "incurred," the words " or estimated to be incurred" are inserted. Repeal of 44 41. (1.) Sections ten, eleven, and twelve of "The ! ~ciO~ t2. 9, Local Works Loans Act of 1880"* are repealed. (2.) Sections two hundred and twenty-two and two hundred and twenty-three of the Principal Act are repealed, and the following sections are inserted in lieu thereof :- ~ ~ ~ ~ al Loa.n [222.J (1.) For the purpose of providing the annual instalments or other moneys from time to time payable by a Local Authority-in respect of any loan raised under this or any other Act, and whether raised before or after the commencement of this Act, the Local Authority shall, from time to time, cause a Special Rate, to be called a Special Loan Rate, of sufficient amount to be levied: Provided that in any case where a pal't of the A:rea has been defined by the Minister under section two hundred and fourteen of this Act as specially benefited by the expenditure of the loan money, or where a part of the Area is comprised within a Tramway Area under Part XV of this Act, such Special Rate (whether a Special Loan Rate or a Tramway Rate) may be a Separate Rate, and in such case shall be levied upon all rateable land in the said part. The proceeds of such Rate shall be devoted solely to E 1I f orcement the payment of such inst . alment • s or o • ther moneys aforesaid. by Trea.surer. (2.) If the Local AuthorIty falls to levy and collect such Rate, the Treasurer may make, levy, and collect such Rate, and for that purpose shall have all the powers conferred by this Act upon the Local Authority in respect of levying and collecting and enforcing the payment of Rates. 11<.44 Vic. No. 9, supra, page 1456.

LOCAL GOVERNMENT. 10045 1910. Local Authorities Act Amendment Act. [223.J (1.) In the months of February and August Half·yearly respectively in eVliry year, the Treasurer shall cause to be : ~ ! ~ ~ e~ ! ~ : published in the Gazette a statement showing, with respect published. to every Local Authority and other public body to which a loan has been advanced bv the Treasurer under" The Local Works Loans Acts, 1880 to 1899,"* or under any other Act, the amount of monev which is then overdue and in arrear, and also the total of the principal sum then remaining unpaid. . (2.) If thereafter on the thirtieth day of April or the Power to thirty-first day of October respectively any part of such ; : ~ = ~ : ~ ~ money so overdue and in arrear remains unpaid, the arrears. Treasurer may, by notification in the Gazette, appoint a Receiver· to collect on his behalf and to pay to the Treasury all or any. moneys from time to time due and owing to the Local Authority or other public body to the amount stated in such notification. . Thereupon such Receiver shall, from the date stated' in such notification, be the only person legally entitled to receive the rev~ nues of such Local Authority or other public body, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of "The Audit Act of 1874".t or any Act amending or in substitution for that Act. 42. The following provision is added to section two Amendment hundred and twenty-six of the Principal Act :_ of s. 226. (4.) The amount of all Rates made and levied under this Act shall, until payment, be and remain a charge upon the land in respect of which they have been made and levied in priority to all mortgages, charges, liens, and . encumbrances whatsoever, and notwithstanding any change that may take place in the ownership thereof. 43. After section two hundred and twenty-eight of the Principal Act. the following section is inserted : - L 228A. J Lands selected or otherwise acquired under When lease or license from the Orown shall be and become & le~ on8, rateable lands on and after the date of the license to r:t;abi: me occupy or other instrument authorising the lessee or licensee to enter into possession of the land. In respect of the first year the Rate shall be apportioned accordingly. " 44 Vie. No. 9, supra, page 1456; 54 Vie. No. 18, supm, page' 4019; 62 Vie. No. 9, 8upra, page 6600; and 63 Vie. No. 7, supra, page 7139. t 38 Vie. No. 12, 8upra, page 18. 2c d'

10046 LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, oAfm 8 e . n 2 d 3 m 0. ent and t 4 h 4 ir . tyIonf tthhee PfririsntcippaarlaAgrcatp, thheofwosercdtsio" nhatwveo rehmunadinreedd unpaid for a period of twelve months from the first day of January" are repealed, and the words "are unpaid on , the thirty-first day of December next" are inserted in lieu thereof. Amendment 45. The following subsection is added to section two .0£ s.24O. hundred and forty of the Principal Act : - . (4.) Provided always that, until the demand aforesaid has been made and all the conditions aforesaid entitling the person making such demand to a release of the land have been performed, the right of the Local Authority to retain possession and from time to time to grant leases of the land shall continue, notwithstanding that at any time no Rates or other moneys in respect thereof are actually due or in arrear. Sale of land 46. (1.) The following provisions are added to section fRoarteasr.rears of two hundred and forty-three of the Principal Act;- . Provided also that a copy of the said notice shall, at the instance of the Registrar, be sent through the post office to the person named in such notice as the occupier or owner, as the case may be, at the address therein mentioned and a copy thereof shall also be posted at the Registrar's office, and there maintained for a period of at least one month. If the address of such occupier or owner is not known, then such notice shall be published at least once in the Gazette and three times in some newspaper at intervals of not less than one month, and such publication shall for all purposes be deemed a sufficient service of such notice' upon him. A copy of the said notice shall also be affixed upon some conspicuous part of the land in respect of which the Rates are payable. [3.J The said notice of sale shall have the effect of a summons issued out of the District Court at the suit of the Local Authority for the amount included in such notice; and all persons concerned, including any person to whom the whole or any part of the lands or any interest therein may have been transferred in the meantime, shall be entitled to enter a defence thereto: Provided that by such defence it shall not be compe- tent for any person to question the fact of the land being rateable'land, or the liability of any person to be rated, or m I

LOCAL GOVERNMENT. 100.41 1910. Local Authorities Act Amendment Act. the amount of the valuation of the land in any year, or the due levy of any Rate in any year, or the due service of any notice of valuation or demand of Rates in respect of the land. Such defence shall be limited to the question of the amount of Rates (including any interest) due and in arrear, and the grounds of such defence shall be verified by affidavit, whereupon if any amount appears to be due to the Local Authority the same shall be paid into Court, or payment thereof shall be secured to the satisfaction of the Registrar, before the notice of defence shall be filed. (2.) Subsection one of section two hundred and Alllendments forty-four of the Principal Act is repealed, and the ofs. 244. following section is inserted in lieu thereof : - [1.J At the expiration of the time limited by such ' Varra~ t of notice such Registrar shall, if no defence has been filed executIOn. to such notice, enter judgment for the Local Authority as in other undefended cases, and shall issue a warrant of execution against the land, unless all such Rates, together with interest thereon, calculated as hereinbefore provided, at the rate of five pounds per centum per annum, and all Rates and other payments accrued due on the land in the meantime, and all expenses incurred have been paid. If a defence has been filed and judgment is given for the Local Authority at the hearing for any sum, the Registrar shall issue a warrant of execution against the land, unless such sum, with interest as aforesaid, and all Rates and other payments accrued due on the land in the meantime, and all expenses incurred are forthwith paid. . The following provision is added to the said section:- [4.J At such sale the Local Authority may place a reserve price upon the land, and if such sum is not realised at the sale may buy in the said land at that price, in which case the Local Authority shall pay to the Registrar all his costs and expenses of and in connection with the prescribed notices and the warrant of execution and the. sale thereunder; and the Registrar shall transfer the land to the Local Authority in manner provided by section two hundred and forty-eight of this Act. (3.) The following words are added to the third para- Amendmelit .graph of section two hundred and forty-six of the Principal of s. 246. Act: "and all such costs and expenses shall be fixed at such sum as the Registrar in his discretion thinks reasonable. " •

10048 LOCAL GOVERNMENT. Local Authon'ties Act Amendment Act. 1 GEO. V. No. 22, The following provision is added to the said section:- Fourthly-In and towards payment of all Rates due to the Local Authority in respect of any other land within its Area for which the person named in the aforesaid certificate of rates unpaid is rated. Amendment 47. (1.) The last paragraph of section two hundred of B. 251. and fifty-one of the Principal Act is repealed, and the following provision is inserted in lieu thereof:- The Auditor-General, with the approval of the Governor in Council, may, from time to time, make rules with respect to all or any of the following matters, namely:- (i.) The form and manner in which the books of account of the Local A uthority shall be kept; (ii.) The banking of moneys received by or on behalf of the Local Authority, and the authentication by the bank of deposits made therein by or on behalf of or to the credit of the Local Authority; (iii.) The terms and conditions on which arrears of Rates no longer recoverable may be written off ; (iv.) ~ rhe duties of the clerk, Chairman, and auditor as to the verification of Rates in arrear at the date of the audit; (v.) The duties of the auditor in connection with the audit and examination of the accounts; (vi.) Generally for the execution of this Part of this Act. . All such rules shall' be published in the Gazette, and shall thereupon have the tSame effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Amendmenl (2.) The following provision is added to section two of •• 252. hundred and fifty-two of the Principal Act:- "Provided further that the Governor in Council may, by Proclamation, declare that any person who holds a certificate granted in connection with technical instruction by the Department of Public Instruction of having passed an examination in the subjects of bookkeeping, auditing, and local government law, of a stage or grade approved by the Governor in Council, shall, without llny further test of competency, be entitled to a certificate of competency from the Local Auditors Board." •

LOCAL GOVERNMENT.· 10049 1910. Local Authorities Act Amendment Act. (3.) In the first paragraph of section two hundred Amendment and fifty-four of the Principal Act, after the word of s. 254. "Minister" the words "on the recommendation of the Auditor-General" are inserted; after the word "person" the words "or persons" are inserted; after the word "officer" the words "or officers" are inserted; also, after the word" auditor" the words" or auditors" are inserted. In the second paragraph of the said section, after the word "auditor" the words "or auditors" are inserted, and after the word" Minister," the words "on the like recommendation" are inserted. (4.) The following· provision is added to subsection Amendment one of section two hundred and fifty-five of the Principal of s. 255. Act ;- Where the Local Authority is also the Water Water Authority under "The Water Authorities Act of 1891 ,,* Authority. for the same Area, the aforesaid accounts shall also extend to and include the accounts of the Local Authority in its jurisdiction as such Water Authority. (5.) In subsection three of section two hundred and Amendment fifty-six of the Principal Act, after the words "the same of s. 256. shall," the words." subject to the certificate of the Auditor-General with respect to any contravention of this Act or any misapplication of money, as hereinafter pro- vided " are inserted. (6.) In subsection one of section two hundred and Amendment fifty-eight of the Principal .Act, after the words "result of s.258. thereof," the words" If it appears to the Auditor-General that the said accounts or any part thereof ought to be disallowed as being contrary to this Act, he shall certify accordingly to the Treasurer" are inserted. The following words are added to subsection five of the said section; "or at the suit of the Minister." Section three hundred and seventy-one of this Act shall not apply to any proceed- ings under this section. 48. After section twc! hundred and fifty-nine of the l'rincipal Act, the following section is inserted :- [25.9A.] The Minister may, .at any time, appoint a Special audit. special auditor or special auditors to examine the accounts of a Local Authority for any period fixed by the Minister. In every such case the auditor or auditors so appointed shall have the like powers, duties, and authorities as the auditor appointed for the Area under this Act; and the «< 55 Vie. No. 11, supra, page 4411.

10050· LOCAL GOVERNMENT. Local Authorities Act Amendment Act. 1 GEO. V. No. 22. following provisions of this Subdivision, so far as the same are applicable, shall be observed, namely :-Sections two hundred and fifty-five except subsection. one thereof, two hundred and fifty-eight, and two hundred and fifty- nine. The costs and expenses of every special audit, . including the amount of remuneration of the special auditor or auditors fixed by the Minister, shall be borne by the Local Authority concerned. Amendment 49. The following provision is added to section two of I. 266. hundred and sixty-six of the Principal Act :- For the purposes of this section the expressiOll " ordinary annual revenue of the Local Authority" shall not be deemed. to include any moneys received by a Local Authority under or pursuant to an order made under section two hundred and eighteen of this Act. Amendment 50. (1.) The following words are added t • o section two of 8. 277. . hundred and seventy-seven of the Principal Act:- "and, in case .such loan is to be expended upon works or undertakings for the special benefit of any particular part of the Area, describing such part: . Provided that, in all cases before the publication of the said notice, the question whether any work or under- taking will or will not be for the special benefit of a particular part of the Area shall be referred by the Local Authority to the Minister, who shall have power to decide that question, and to define the part of the Area which will be specially benefited." Amendments (2.) In section two hundred and seventy-eight of the of 8. 278. Principal Act, after the words "rateable land," where they first occur, the words "in the Area or in the part to be specially' benefited, as the case may be " are inserted. The following- words are added to the said section : - L• " or in such part." Such ratepayers shall with such requisition deposit with the Chairman or clerk a sum of ten pounds to cover the expense of taking such poll, and the said sum shall be forfeited and paid into the Local Fund unless at the poll at least one-fourth of the ratepayers voting thereat give their votes against the proposition to borrow money; b.:ut i Il all other cases itslrall be repaid to the ratepayers requiring the poll to be taken.

LOCAL GOVERNMENT'. 10051 1910. Local Authorities Act Amendment Act. (3.) In the first paragraph of section two hundred and Amendments seventy-nine of the Principal Act, after the words" rate- of s. 279. able land," the words" within the Area or part thereof to be specially benefited, as the case may be" are inserted. In the third paragraph of the said section, after the word"Area," the words" or such part" are inserted. 51. The following provision is added to section two Amendment hundred and eighty-one of the Principal Act:- ofs.281. For the purposes of this section the expression "ordinary revenue of the Local Authority" shall not be deemed to include any moneys received by a Local Authority under or pursuant to an order made under section two hundred and eighteen of this Act. 52. In section three hundred and two of the Principal Amendmen~ Act, after the vyord "them," the words" and sections two of s.302. hundred and twenty-two and two hundred and twenty- three of this Act" are inserted. 53. In subsection four of section three hundred and Amendment forty-one of the Principal Act, the words "in such Area or ofs. 341. part thereof, as the case may be," are repealed, and the words "in all the Areas proposed to be affected" are inserted in lieu thereof; the words "the L00al Authority shall direct that a poll be taken" are repealed, and the words "each Local Authority concerned shall direct that a poll be taken in its Area" are inserted in lieu thereof. In subsection five of the said section, the words" a poll or polls being taken as hereinbefore provi~ ed in all or some of" are repealed, and the words "polls being taken as hereinbefore provided in all" are inserted in .lieu thereof. 54. After subsection one of section three hundred Amendment and sixty-seven of the Principal Act, the following of s. 367. subsection is inserted : - [lA. J 'fhe Governor in Council may, in the same manner and subject to similar penalties for the breach thereof, from time to time make all such l:tegulatioris as he thinks fit for prescribing the qualifications ~equired of candidates for employment by any Local Authority in the capacity of engineers, surveyors, or otherwise in the designing, laying-out, or superintendence of any works to be carried out by or on behalf of any Local Authority, and the tests to which such candidates must conform in order to obtain a certificate of competency, and for the appointment of a

10052 LOCAL GOVERNMENT'. Local Authorities Act Amendment Act. 1 GEO. V. No. 22, Board of Examiners of such candidates, and feir authoris- ing such Board to grant certificates of competency, and for prescribing the fees payable by such candidates, and for prohibiting the employment, on and after a date to be fixed by such Regulations, by any Local Authority of any candidate who has not obtained the necessary certificate of competency, and who is not on the first day of January, one thousand nine hundred and eleven, actually in the employment, in the same capacity, of such Local Authority. ·.Amendment 55. The fonowing provision is added to section three of s. 372. hundred and seventy-two of the Principal Act : - Nothing in this sectiun shall be construed to relieve any member of a Local Authority from any personal liability incurred by him under section two hundred and fifty-eight, or section two hundred and eighty-three, or section two hundred and eighty-four of this Act. Repeal of 56. Section three hundred and seventy-six of the 8.376. Principal Act is repealed. A.mendmen, 57. In section three hundred and eighty-two of the of s. 382. Principal Act, after the words" Chairman or member", the words" of the Local Authority or" are inserted. A.mendment 58. In section three hundred and eighty-seven of of s. 387. the Pri:ncipal Act, after the words "Registrar of Titles," the words" and mining registrar" are inserted. Repeal of 59. Section three hundred and eighty-nine of the 8.389. Principal Act is repealed. 60. After section three hundred and ninety-six of the Principal Act, the following section is inserted : - Expenses to be a charge. [396A.] (1.) Whenever under or pursuant to this Act or any other Act, or any By-law or Regulation in force for the time being, the Local Authority incurs any expenses in or upon or in Qonnection with any land, or for or on behalf of any owner of any land, then, in addition to any other remedies which the Local Authority may have for the recovery of such expenses, the amount thereof shall, until payment, be and remain a charge upon the land, in priority to all mortgages. charges, liens, and encumbrances whatso- ever, except Rates due to the Local Authority, and notwith- standing any change that may take place in the ownership thereof. , .

LOCAL GOVERNMENT. 1910. Local Authorities Act Amend'l1Wnt Act. (2.) ,Vhenever any such moneys have become a charge as aforesaid upon any land, and are in arrear for three years and upwards, it shall be lawful for the Local Authority to serve on the owner and to publish for three consecutive weeks in. the Gazette, and in three consecutive numbers of a newspaper, a notice specifying the land and the moneys charged thereon, and stating that if the same are not paid within six months from the first pUblication of such notice the Local Authority will apply by petition to the Supreme Court for a sale of the land : Provided that· if any proprietor, mortgagee, encum- brancee, lessee, or trustee of any land has previously registered himself as such, by notice in writing sent by registered letter, in respect of any land, in the office of the Local Authority a like notice shall be served upon him. . (3.) If after six months from the first publication of such notice any part of the moneys due to the Local Authority at the time of such first publication are still unpaid- (a) The Local Authority may let the land or any part thereof from year to year or for any term not exceeding seven years, and may receive the rents and profits thereof and apply the same towards the payment of all moneys whatsoever due or accruing due, from time to time, to the Local Authority in respect of the land and the costs and expenses incurred, and hold any surplus in trust for the rightful owner of the land, and for this purpose any tenant of the land shall attorn to the Local Authority; and also (b) The Local Authority may, by petition to the Supreme Court or a judge thereof, apply for a sale of the land or of so much thereof as is necessary to produce the amount so charged together with all sums since accrued due. (4.) rrhe Court or judge, on being satisfied by affidavit or otherwise that six months' notice of such petition has been served on the owner, and that any part of the amount claimed in the notice is still due, and that such amount was in arrear at the time of the first publication of such notice, and that all thin~ s required by this Act to be done by the Local Authority have been done, shall order the sale of the said land or so much thereof as is sufficient 10053

10054 LOCAL GOVERNMENT. Local Authorities Act A1nend1nent Act. 1 GEO. V. No. 22. to produce the amount due together with any subsequent sums accrued due to the Local Authority on any account whatsoever in respect of the land up to the time of sale and all costs and expenses of and attending the proceedings and the sale of such land, and that the proceeds be paid into court. . (5.) The Court or judge shall order payment of every amount due to the Local Authority on any account what- soever to be first made out of the proceeds of sale, and the conveyance or transfer, as the case may be, shall be executed by the Registrar or such other officer of the Court as the Court or judge may direct to the purchaser, in the form approved by the Court or judge. Such conveyance or transfer shall vest the land sold in the purchaser for an estate in fee-simple free fronl encumbrance; and in cases where the land is under" The Real PJ'opedy .dots, lS61 to 1877,"* the purchaser shall be entitled to receive a certificate of title to the land. The halance, if any, arising from the proceeds of such sale shall be subject to any orders of the Court. Owners of estate 1e.s r 396B.l If any owner is entitled to a less estate than than fee- an estate in fee-simple in the land, such owner or any scilmaipmle may person having any interest in the land may make applica- contribution. tion in a summary way to a judge of the Supreme Court sitting in Chambers to have the expenses which by this Act are made payable by the owner, or for which he is liable, apportioned between the persons interested ir; the land. rrhe judge shall apportion such expenses oetwfen such personE in such proportions as, having regard to the n.ature and extent of their interests, he deems just. rrhereupon such persons shall become liable to the 3wner for the proportions respectively assigned to them,. and if the owner has paid such expenses he may recover from each person liahle to contribute under the order made by the judge the proportion payable by such person. Upon the registration of such order with the clerk by lodging a copy thereof, such proportion shall until payment be a:cd remain a charge (with interest at the rate of five pounds pet· centum per annum) upon such person's share and interest inthe land in priority to all mortgages, charg'es, liens, and encumbrances whatsoever except Rates and expenses as aforesaid. <; 25 Vie. No. 14 and amending Acts, supra, page 2148.

LOCAL GOVERNMENT. 10055 1910. Local Authorities Act Amendnvent Act. A receipt signed by the person in whose favour such charge is made . ~md attested by a justice, bank manager, solicitor, or solicitor's clerk, and lodged at the office of the Local Authority, shall be a sufficient discharge of such charge. The clerk shall, in a book to be provided by the Local Authority for the purpose, which book shall be open to inspection, keep, without fee, a record of all such copy orders and receipts lodged with him. In any application under this section, the judge may make such order in regard to the payment of the costs of &nd incidental to the application as he deems just. Rules may be made by the jud2es of the Supreme Court for defining the practice to he followed ifl making' such applications; until such rules are made, the practice relating to summary applications in Chambers shall be observed 61. (1.) In subsection one of rule two of Schedule Amendment III • 0 f tlle P rl·ncl.pa1 Ac t " tlle wore1s "or 0 t her" are 0 li 1 T ' S . chedule repealed, and the words "by virtue of his office, or if the Chairman is'one of the members going out of office, or is unable or unwilling to act, then some other" are inserted in lieu thereof. . (2.) In subsection one of rule three of the said Schedule, the words "in a 'fown" are repealed, and the words "in every Area" are inserted in lieu thereof. (3.) Rule four of thesaid Schedule is repealed. ~ \ 11 members who but for the repeal of the said rule would have remained in office until the conclusion of the annual election in the month of .T uly as therein provided shall go out of office at the conclusion of the annual election in the month of February in that year. (4.) In subsection three of rule nine of the said Schedule, the words" In the case of a Town" are repealed; the second paragraph of the said subsection is also repealed. (5.) Rule fourteen of the said Schedule is repealed, and the following rule is inserted in lieu thereof:- . [14.J Every voter shall vote for the full number of Pl" ll. n. in~ _ candidates then to be elected.. rrolliblteo. In rule twenty-two of' the said ~ chedule the words "nine" and "five" are repealed, and the words "eight" and" six" are respectively inserted in lieu thereof. •

10056 LOANS-MAR(L-tRINE. Margarine Act. 1 GEO. V. No. 9, (6.) In paragraph iv. of subsection one of rule thirty- seven and in par~ graph v. of rule fifty-six of the said Schedule, the words" Contains a greater number of names of candidates not struck out" are repealed; and the words " Contains a greater or less number of names of candidates struck out" are inserted in lieu thereof. (7.) In paragraph (7) of rule fifty-two of the s~ id Schedule, after the word" day," the words" next preceding the day" are inserted. In paragraph (8) of the said rule, the words "four o'clock in the afternoon" are repealed, and the words "eight o'clock in the forenoon" are inserted. in lieu thereof; also, the words "four o'clock aforesaid" are repealed, and the words "eight o'clock aforesaid" are inserted in lieu thereof. In rule fifty-four of the said Schedule, the words "four o'clock" are repealed, and the words" eight o'clock in the forenoon" are inserted in lieu thereof. MARGARINE. 1 Geo. V. An Act for Regulating the Manufacture and Sale No. 9. THE of Margarine or other Mixtures. prepared in MARGARINE ACT OF 1910. Imitation of or in Substitution for Butter. [ASSENTED· '1'0 131.'H DECEMBER, 1910.] B E it enacte~ by the ICi?-g's Most Excellent Majes~ y, by and wlth the adVIce and consent of the LegIS- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the ~ ame. as follows ;- Short title. 1. This Act may be cited as " The J1argarine Act of 1910." Commen"e- 2. rrhis Act shall commence and take effect on and ment of Act. from a day to be fixed in that behalf by the Governor in Council by Order in Council published in the Gazette. Interpreta- 3. Jn this Act, unless the context otherwise indicates, :o:aw. VII. the fol~ owing terms have the meanings set against them No. 18, s. 2. respectIvely, that is to say ; - Analyst. " Analyst "-A person approved by the Minister as an analyst for the purposes of' this Act j M