Local Government Act Amendment Act of 1940 (4 Geo Vi No. 25) (Qld)

LABOUR-LOCAL GOVERNMENT. 4 GEO. VI. No. 25,1940. Local Government Act Amendment Act. make all such rules or regulations as may be necessary to give full force and effect to this section, and either in addition to or modification of any rules or regulations existing in any such case. (5.) No order or notice hereunder shall prohibit or be deemed to prohibit the enforcement of compliance or the punishment of non-compliance with any such judgment, decree, or order as aforesaid by fine or imprisonment in any case where the debts or moneys attached or required to be paid are insufficient to answer same and the costs of the order or notice." 17955 LAND, RESUMPTION FOR PUBLIC PURPOSES. See WATER SUPPLY AND SEWERAGE (WATER AOTS AND ANOTHER AOT AMENDMENT AOT). LOCAL GOVERNMENT. An Act to Amend "The Local Government Act of 4 N G o E . O. 2 V 5. I. 1936" in certain particulars, and for L~ ! r. other purposes. GOVE:" AlIIENDHEl'IT [ASSENTED TO 21sT NOVEMBER, 1940]. Al~~ 8.F B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as" The Local Government Short title Act Amendment Act of 1940," and shall be read as oneand with *" The Local Government Act of 1936," herein construction. referred to as the Principal Act. The Principal Act and this Act may be collectively C~ llective cited as " The Local Government Acts, 1936 to 1940." title. 2. (1.) The following sub-paragraph, numbered (cc), Amendments is inserted after sub-paragraph (c) of paragraph (i.) of OfB. 24 (4). subsection four of section twenty-four of the Principal Act, namely :- " (cc) Held from the Crown under settlement farm lease." * 1 Geo. VI. No. 1, 8upra, page 16035.

17956 LOCAL GOVERNMENT. Local Government Act Amendment Act. 4 GEO. VI. No. 25, (2.) A fresh valuation of any rateable land within the Area of the Shire of Bungil held from the Crown under settlement farm lease shall be made in conformity with sub-paragraph (cc) of paragraph (i.) of subsection four of section twenty-four of *" The Local Government Acts, 1936 to 1940," and completed as soon as may be after the passing of t" The Local Government Act Amendment Act of 1940," and such fresh valuation shall be, and be deemed to have been, the valuation of any such rateable land on and from the first day of July, one thousand nine hundred and forty, and until a fresh valuation of all rateable land within the Area of the Shire of Bungil is made and completed. Aofms.en2d6m( 6e) n. t the p 3 r . oTduhcetiwonortdhser"eaofndaloenveerayndsuwchithnooutticaenyshafullr,thbeyr evidence, be received in any proceedings whatsoever as prima facie evidence of the facts therein mentioned" are added to the first paragraph of subsection six of section twenty-six of the Principal Act. Validation of certain rates made and levied by the Council of the Shire .of Taroom. 4. (1.) All rates made or purporting to have been made by the Council of the Shire of Taroom on the rateable value of land specified in the fresh valuation of all rateable land in such Area purporting to have been made in conformity with the rules prescribed by t" The Local Government Act of 1936" and to have been adopted by the said Council on the first day of November, one thousand nine hundred and thirty-seven, are, and are hereby declared always to have been, rates the making of which by such Local Authority under t" The Local Government Act of 1936" or any other Act authorising it in that behalf is and always has been valid and lawful, and the levying by the said Council of any such rate is, and shall be, and is hereby declared always to have been, valid and lawful, and every owner of rateable land is, and shall be, and is hereby declared to always have been, legally liable to pay every such rate so made and levied in his case, and if he fails so to do the same may be recovered, and is hereby declared always to have been recoverable, by such Local Authority in any manner provided by law, and it shall be immaterial that, upon the adoption of such fresh valuation, notice of same and of the amount thereof was not given to the owner of each parcel of land returned therein. • 1 Geo. VI. No. 1 as amended by this Act, BUpra, pages 16035 et Beg. t This Act. t 1 000. VI. No. 1, BUpra, page 16035.

LOCAL GOVERNMENT. 17957 1940. Local Government Act Amendment Act. (2.) A fresh valuation of all rateable land shall be Power to made in the Shire of Taroom in conformity with the rules f~ ~~ of prescribed by *" The Local Government Acts, 1936 to o/ Taro~ ~ 1940," and completed on or before the thirtieth day of}o :ake June, one thousand nine hundred and forty-one, and vr:luation. when so made and completed shall be and be deemed to be a fresh valuation under and for the purposes of such last-mentioned Acts and shall have operation and effect accordingly. 5. (1.) Sub-paragraph (f) of paragraph (i.) ofRul~ subsection four of section twenty-four of *" The Local ~ ~ f! ~ ~ ~ ~ e ot;' Government Acts, 1936 to 1940," shall apply and extend certain to and with respect to the making and completion at ~ : ~ lds. any time after the passing of this Act of a fresh valuation of any rateable land in any Area held from the Crown under prickly-pear development grazing homestead lease or prickly-pear development grazing farm lease, including the fresh valuation of all rateable land in the Shire of Taroom prescribed by subsection two of section four of this Act and any fresh valuation of any' rateable land so held from the Crown hereinafter by this section prescribed. (2.) Notwithstanding that sub-paragraph (f) of Validation paragraph (i.) of subsection four of section twenty-four of valua~ions of t" The Local Government Act of 1936 " was not applied c~;= am and extended to the fresh valuation of any rateable land leaseholds. in any Area held from the Crown under prickly-pear development grazing homestead lease or prickly-pear development grazing farm lease or any other tenure mentioned in the said subparagraph (f) purporting to have been made and completed prior to, and to be the basis of rating of such land as at, the passing of this Act, such fresh valuation shall be, and is hereby declared always to have been, the basis of rating of such land for the year next succeeding the purported making and completion of such valuation and for each year thereafter up to and including the year ending on the thirtieth day of June, one thousand nine hundred and forty-one. (3.) A fresh valuation of any rateable land in any Provision as Area held from the Crown under prickly-pear development to fre~ I: f grazing homestead lease or prickly-pear development ; : ~ : ; ~ on 0 grazing farm lease or any other tenure mentioned in ~~-:~olds. * 1 Geo. VI. No. 1 as amended by this Act, supra, pages 16035 et Beg. t 1 Geo. VI. No. I, supra, page 16035.

17958 LOCAL GOVERNMENT. Local Government Act Amendment Act. 4 GEO. VI. No. 25, subparagraph (f) of paragraph (i.) of subsection four of section twenty-four of *" The Local Government Acts, 1936 to 1940," shall be made in conformity with the said subparagraph (f), and completed on~ or before the thirtieth day of June, one thousand nine hundred and forty-one, in every case where the existing valuation of such land has not been made and completed in conformity with the said sub- paragraph (f), and when so made and completed shall be and be deemed to be the valuation of such rateable land under and for the purposes of such last- mentioned Acts on and from the first day of July, one thousand nine hundred and forty-one, and until a fresh valuation of all rateable land in the Area is made and completed. Validation of certain rates made and levied on Crown leaseholds. (4.) All rates made or purporting to have been made by a Local Authority for the year ending on the thirtieth day of June, one thousand nine hundred and forty-one, or for any year prior thereto in respect of any rateable land in its Area held from the Crown under prickly-pear development grazing homestead lease or prickly-pear development grazing farm lease or any other tenure mentioned in subparagraph (f) of paragraph (i.) of subsection four of section twenty-four of t" The Local Government Act of 1936" and so made upon the basis of the fresh valuation of such rateable land purporting to have been made and completed in conformity with the rules prescribed by t" The Local Government Act of 1936" prior to, and to be the basis of rating of such land as at, the passing of this Act are, and are hereby declared always to have been, rates the making of which by such Local Authority under t" The Local Government Act of 1936" or any other Act authorising it in that behalf is and always has been valid and lawful, and the levying by any Local Authority of any such rate is, and shall be, and is hereby declared always to have been, valid and lawful, and every owner of any such rateable land is, and shall be, and is hereby declared always to have been, legally liable to pay every such rate so made and levied in his case, and if he fails so to do the same may be recovered, and is hereby declared always to have been recoverable, by the Local Authority in any manner provided by law, and it shall * 1 Geo. VI. No. 1 as amended by this Act, supra, pages 16035 et seq. t 1 Geo. VI. No. 1, supra, page 16035.

LOOAL GOVERNMENT. 17959 1940. LocaZ Government Act Amendment Act. be immaterial that sub.paragraph (f) of paragraph (i.) of subsection four of section twenty-four of *" The Local Government Act of 1936" was .not applied and extended to and with respect to the making and completion of such fresh valuation of such land. 6. In any case where the value of any rateable Power to land in the Shire of Ayr has been depreciated by erosion malket~resh or damage occasioned prior to the passing of this Act by~ ; =rt~! cyclone and/or flood, a fresh valuation of such rateable far~ e! s ~ ~ land shall be made in conformity with the rules prescribed S~ e~ f e by t" The Local Government Acts, 1936 to 1940," and Ayr. completed as soon as may be after the passing of this Act, and such fresh valuation shall be, and be deemed to have been, the valuation of any such rateable land on and from the first day of July, one thousand nine hundred and forty, and until a fresh valuation of all rateable land in the Shire of Ayr is made and completed. 7. Notwithstanding anything contained in this Act, Power to the Local Authority is hereby empowered, in any case remitra\es where it thinks proper so to do, to remit and ! :: ~ b~ !f discharge wholly or in part any rates made and levied: ~ . Nava1; under this Act in respect of any land for the payment Alrl~ ~ e: ~ of which any person is or may be or become liable while engaged on war service with His Majesty's Naval, Military, or Air Forces during the continuance of the present war and for a further period of twelve months after he has completed such service: Provided that the Local Authority may by resolution or by-law determine, and either generally or in respect of particular cases, the terms and conditions upon and subject to which it will remit and discharge, wholly or in part, any such rates. In this paragraph the term "Local Authority" includes Brisbane City Council and in relation to such Council the term" by-law" means an ordinance. * 1 Goo. VI. No. 1, supra, page 16035. t 1 Geo. VI. No. 1 as amended by this Act, supra, pages 16035 et aeq. MAINTENANCE, ENFORCEMENT BY ATTACHMENT. See LABOUR (WAGES ATTACHMENT ACT AMENDMENT ACT). MASSEURS. See NURSES AND MAsSEURS.