Local Authorities Acts Amendment Act of 1925 (16 Geo v No. 29) (Qld)

LOCAL AUTHORITIES. 16 GEO. V. No. 29, 1925. Local Authorities Acts Amendment Act. 1133:1 LOCAL AUTHORITIES. An Act to Amend "The Local Authorities Acts, 16 Geo. V. 1902 to '1924," in certain particulars. No. 29. THE LOCAL AUTHORI' [ASSENTED TO 12TH NOVEMBER, 1925.] TIES ACTS AMENDMENT B E it enacted by the King's Most Excellent Majesty, A 1 C 9 T 25 O . F by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Local Authorities Short title A?ts Amendment Act of 19.2?," and sh:1ll be read as o~ e :~ ~structiOD wIth *" The Local Author~ t~es Acts, 1902 to 1924," herem of Act. collectively referred to as the Principal Act. 2. The Principal Act is hereby amended as Amendment follows :- of Principal Act. (1.) The following subsection IS added to section Section 21. twenty-one :- " (4.) For the purposes of any poll held on any day other than the day of the triennial elect~ ons, the V oters' Roll sha11 be amended so as to comprise the names of all persons who are electors and whose names have been enrolled as such not later than thirty clear days before the day on which the poll is to be taken." (2.) The proviso of subsection seven of section two Section 218. hundred and eighteen is repealed, and the following provision is inserted in lieu thereof : - "Provided that the Governor in Council may by Order in Council direct that in the case of any Town which comprises a Gold Field or Mineral Field or part of a Gold Field or Mineral Field tho minimum value under this subsection shal· be reduced to such sum not less thEm ten pounds, as he may fix." (3.) The second paragraph of subsection four of Section 232~ section two hundred and thirty-two is repealed and the following provision is inserted in lieu thereof : - "This subsection does not apply to any Town which comprises a Gold Field or Mineral Field or part of a Gold Field or }\Eneral Field." * 2 Edw. VII. No. 19 and amending Acts, supm, pages 1860, 5653, 5918, 8304, 9571, 10126, 10661, and 11078.

11334 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 16 GEO. V. No. 29, Section 233. (4.) In the proviso of subsection one of section two hundred and thirty-three, after the words "in any Area" the words "or division" are inserted. (5.) Section three hundred and sixty-nine is repealed and the following section is inserted in lieu thereof :- BCofooJanorsditinst. tution Auth"o[r3i6ty9. Jsh( a1l.l) Tbhee agoJvoeirnnitngBbooarddy, ocfonasiJsotiinngt Loof caal representative or representatives of, and elected by, the Local Authorities having jurisdiction wjthin any part of the Area of the Joint Local Authority. If deemed nec83sary for the purposes of such elections, the Local Authorities or some 01 them may be arranged in a group or groups. (2.) The group or groups (if any) of Local Authorities which are to join in electing a representativf:' or representatives, and the directions for conducting the elections in such case, and the number of representatives to be elected by the several Local Authorities or by such group or groups (if any), shall be prescribed by the .Order constituting the Joint Local Authority. The number of representatives of each of the several Local Authorities or such group or groups need not be the same. The Clerk of the Joint Board shall be the Returning Officer for the election of members by any group or groups: Provided that the Governor in Council shall appoint the Returning Officer for the first election of such members. (3.) If a Local Authority or a group refuses or neglects, for one month after the constitution of a Joint Local Authority, or after the occurrence of a vacancy in the office of any representative of such Local Authority or group, to elect a member or members of the Joint Board, the Governor in Council may appoint some elector or electors of the Area of the Joint Local Authority to act as such member or members, who shall hold office until the conclusion of the next election of members or until the date when the member whose place he fills would have gone out of office in the ordinary course. (4.) If a member fails to attend three or more consecutive duly convened meetings of the Joint Board,

LOCAL AUTHORITIES. 11335 1925. Local Authorities Acts Amendme11,t Act. extendi,ng over a period of not less than three months, without leave of absence obtained from the Joint Board, he shall cease to be such member. (5.) Subject as aforesaid, a member shall remain in office for a period of two years from the date of 'his election. (6.) If any person, elected or appointed as aforesaid, refuses or neglects to act, or to attend any duly convened meeting of the Joint Board, all lawful acts and proceed- ings of 'the Joint Board shall be as valid and effectual as if they had been done or authorised by the full Joint Board." (6.) Mter section three hundred and ninety-six thE} following section is inserted :- " [396A.] In any case in which the Attorney-General When ~ocal might take proceedings on the relation or on behalf of or !~ ~ h~ ; ;~ ar for the benefit of a Local Authority for or with respect without to enforcing or securing the observance of any provisions ~ : : ~ ~ ? ­ made by or under this Act or any other Act conferring .'• powers or imposing duties upon a Local Authority,the Local Authority shall be deemed to represent sufficiently the interests of the public and may take proceedings in its own name. .•. , For the purposes of this provision the Brisbane City Council shall be included in the expression" Local Authority" so far as relates to its powers and duties under *" The City of Bri8bane Act ot 1924" or any other Act conferring or imposing powers.or duties upon it." (7.) Mter section four hundred and twenty-one the following section is inserted :- "[421.A..] (1.) Whenever default is made by theLocal . owner or occupier of any structure, land, or premises, in ! ~ ~ ~ ~ : rn the execution of any work required by or pursuant to certain cases this Act ?r any other Act to be executed by such owner ~ ~ ~ = : ; tor or occupIer or both of them, as the case may be, the occupier. Local Authority shall have power to cause such work to be executed, and for that purpose shall by its officers, servants, agents, and contractors be entitled to enter upon such structure, land, or premises, and carry out the necessary operations. The provisions of section four hundred and eighteen of this Act shall apply accordingly. * 15 Geo. V. No. 32, supra, page 11140. G

11336 LOCAL AUTHORITIES. Local Authorities Acts Amendment Act. 16 GEO. V. No. 29, 1925. Expenses (2.) In addition to any remedy which the Local L in o c c u a r l red by Authority may have against any owner or occupier of Authority land, all charges, costs, and expenses incurred by the tcohab. regea.on Local Authority in the execution of any work upon any land. structure, land, or premises which under this Act or any other Act it is the duty of the owner or occupier to execute (whether or not the owner or occupier has made any default under the last preceding subsectjon hereof or otherwise howsoever), with interest thereon at current bank rates, shall, until payment, be and remain a first, charge upon the land upon which the works have been executed, in priority to all mortgages, charges, liens, and encumbrances whatsoever except rates due to the Local Authority, and notwithstanding any change that may take place in the ownership' thereof. The said charge shall be deemed to be a charge within the meaning and subject to the provisions of sections four hundred and twenty-three and four hundred and twenty-four of this Act." (8.) The Third Schedule is amended as follows : - In the proviso to subclause two of rule twenty-eight, after the word" candidates," where it last occurs, the words "and the political party in whose interest each or any of them is standing" are inserted. MACHINERY, INSPECTION OF. See LABOUR. MAIN ROADS. See ROADS.