Local Government Act of 1936 (1 Geo Vi No. 1) (Qld)

LOCAL AUTHUHl'l'lES. 1 GEO. VI. No. 1, l!l3(3. Loc;:d (lmwnment Act. s.l (1)-(3). ]6035 LOCAL AUTHORITY. See De-WllES AXD J\ L~ RST' PIAL" . See HEAL'rH. See HOSPITALS. See WATER. LOCAL AUTHORITIES. .An Act to Consolidate and Amend the Laws relating 1 Gw. VI. to Local Government. No. 1. THE LOCAL GOVERX)JEKT 13 ] ' . [ASSENTED TO 17TH DECEMBER, 1936.] ACT OF 1936. .'.i It enac t cc. I ' b y tl le I ~ T l ' ~g. ' S M OS t E 'xce 11 en t _ · ~ , 1 RJ . CS t .y, r l( ' ' o 7" p O y H r ' i n f/ht is by and wlth the advlce and consent of the LpglS- 11(.1(11((1·1 lative Assembly of Queensland in Parliameilt assembled, and by the authority of the same, as f0110w8:- PART I.-PRELIMINARY. 1. (1.) This Act may be cited as Oovernment Act of 1936." "The PART I.- PRELJ: : \ II~ ARY. Local Short title. (2.) Except as herein otherwise provided, this Act Commence- shall commence and take effect on and from the first ment of Act. day of January, one thousand nine hnndred and thirty- Feven. (3.) This Act IS divided into Parts as follows : - PART I.-PRELDIINARY- Division of Act. Section J--Short Title and Commencement and Dirisions of Act, Section 2-Repeals and Savings, Section 3-Definitions ; PART II.-PO\VERS OF CE"XTRAL GOVERNME~ T­ Section 4-Pou'ers of Central Gorernment ; PART III.-AREAS- Section 5-Areas " PART IV.-CONSTITUTION OF LOCAL AUTHORITIES- Section 6-Constitution of Local Authorities, Section 7 -. Qualification and Election of Chairman and }v1 embers, Secrion 8-New Elections, Section 9-0uster from Office ;

16036 s.l (3). PART 1.- PBEL!lIlINARY. LOCAL AU'rHORI'rIES. Local Government Act. 1 GEO. VI. No. 1, PART V.-CHAIRMAN- Section 10-Election of Deputy Chairman, Section Il-Powers and Duties of Chairman, Section 12-Powers and Duties of Acting Chairman, Section 13-Allou'ance to Chairman; PART VL-PROOEEDINGS- Section 14-ilieetings, Section 15-Committees, Section 16-Records, Section 17-0fficers ; PART VII. - PUBLIC OFFICE OF LOOAr. AUTHORITY- Section 18-Public Office of Local Authority; PART VIIL-CONTRAOTS- Section 19-Contracts ; PART IX.-JOINT LOOAL AUTHORITY- Section 20-Joint Local Authority; PART X.-FINANOE- Section 21-Rates and Charges, Section 22-Borrowing, Section 23-Funds, Section 24-Valuation and Valuation Court, Section 25-Budget, Section 26-Rate Books, Section 27-Levy and Recovery of Rates and Recovery of Charges, Section 28-Raising Loans, Section 29-Accounts and Audit; PART XL-FuNOTIONS AND POWERS OF LOOAL GOVERNMENT- General. Section 30-Functions of Local Government, Section 31-General Powers as to By-laws, Section 32-Miscellaneous and General Powers and Duties, Specific Powers and Duties. Section 33-Town Planning,

LOCAL AUTHORITIES. s.2 (1). 16037 1936. Local Government Act. PART 1.- PBiELIMINAJlY. - - - - - - - - '- - - ' - - - - - - - - - - - - - - - - - - - - - - Section 34-Subdivision of Land, Section;35-Roads, Section 36-Sewerage, Section 37-Drainage, Section 38-Sanitation, Section 39~ Buildings, Section 40-Places of Public Amusement and Public Resort, Section 41-Noxious Weeds and Pests, Section 42-Impounding, Section 43-Ferries, Section 44-Wharves, Quays, Jetties, and Landing Places, . Section 45-Public Reserves, Section 46-Reclamation of Land, Section 47-Agricultural Drainage, Sect1'on 48-Undertaking Provisions, Section 49-Tramways, Section 50-Pmuers for Execution oJ this Act, Section 51-Compensation,' Section 52--Legal Proceedings; PART XII.-PoLLS- Section 53-Polls; PART XIII.-LoCAL AUTHORITIES ASSOCIATION OF QUEENSLAND- Section 54-Local Authorities Association of Queensland ; PART XIV.-TRANSITION PROVISIONS- Section 55-Transition Provisions. Repeals and Savings. 2. (1.) Subject to the prOVISIOns hereinafter Repeals. contained, the Acts specified in the First Schedule to Schedule I. this Act are repealed to the extent in that Schedule indicated: Provided that, without prejudice to *"The Acts Shortening Acts"- (i.) All Proclamations, Orders in Council, Regula- tions, and notifications made under the repealed * 31 Vic-lNo. 6 and 3 Edw. VII. No. 10: Statutes, pages 15 and 21.

16038 s.2 (1). PART 1.- PRELIMINARY. LOCAL AUTHORITIES. Local Government Act. 1 GEO. VI. No. 1, Acts or any of them o~ any Act thereby repealed and in force at the coming into operation of this Act shall continue in force until the same or any of them are repealed or amended under this Act. Proceedings, (ii.) All proceedings and things had or done,and JJy-laws, &c. all by-laws made by the Local Authority of an existing Area or by an existing Joint Local Authority under or in pursuance of any of the said Acts or any Act thereby repealed shall be and continue to be of the same force and effect to all intents and purposes as if no such repeal had taken place, but such by-laws may be repealed or amended under this Act. Rates, &0., (iii.) All rates, precepts, assessments, and other due. moneys which having accrued due are at the commence- ment of this Act due or payable to or leviable by the Local Authority of an existing Area or an existing Joint Local Authority shall be and continue to be so due, payable, and leviable, and may be paid to and received, levied, and recovered by the Local Authority or Joint Local Authority under the provisions of this Act. Penalties. (iv.) All penalties and forfeitures imposed under any of the said Acts and incurred at the commencement of this Act shall and may be enforced as if this Act had not been passed. Rights and. liabilities. &0. (v.) All rights, liabilities, contracts, and engagements of a Local Authority or Joint Local Authority existing at the commencement of this Act shall be and continue to be vested in and shall attach to and may be enforced by or against the Local Authority or Joint Local Authority, as the case may be. Actions, &0. (vi.) All actions and proceedings pending at the commencement of this Act by or against a Local Authority or Joint Local Authority may be carried on and prosecuted by or against the Local Authority or Joint Local Authority, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Rights of Treasurer. (vii.) All rights, powers, and authorities which at the commencement of this Act have accrued to the Treasurer under any of the said Acts may be exercised and enforced as if this Act had not been passed.

UJ86. [.lOCAL AUTHORITIES. Local Government Act. s. 2 (2). 160:39' - Pun 1.- PRELDrrXARY. (viii.) All rights, powers, and authorities which at re~ enture. the commencement of this Act have accrued to debenture- 01 ers. holders under any of the said Acts may be exercised and enforced as if this Act had not been passed. (ix.) All books and documents made evidence under Documents any of the said Acts shall continue evidence to the same ~ ~1: nce. extent as if this Act had not been passed. (x.) All licenses, registrations, and permits issued, Existing A muadtheo, no . try gbreafnotreed tbhye acoLmomcaelncAeumtehnotriotyf tohrI . SJ oAicntt u Lo n ca d l e li r ce ~ a ~ n s d t r e p S' e n t rm ' ~ its. or in pursuance of any of the said Acts shall continue in force for the period, if any, specified in such licenses, registrations, or permits unless the same are sooner suspended, cancelled, or revoked under or in pursuance of this Act. (xi.) When in any enactment reference is made to Reference to any provision of any of the said Acts, or any of the Acts repealed thereby repealed, it shall be taken, unless the context Acts. otherwise indicates, that such reference is to the corres- ponding provision of this Act, and such enactment shall be construed accordingly. (2.) (i.) Save as hereinafter mentioned, this Act E.x~ sting shall apply to all existing Cities and Towns as if they ~ ~: ~ s, and had been constituted Cities and Towns under this Act, Shires. and to all existing Shires as if they had been constituted Shires under this Act. (ii.) Subject to this Act, the Local Authority of every Existing existing Area shall consist of the number of members ~ ~ ~ ~ ~ rities. of which it consists at the commencement of this Act, and the members shall be assigned to the respective divisions of the Area, if any, in the same manner as heretofore until such number or assignment is altered under this Act. (iii.) The Joint Local Authorities heretofore consti- Existing tuted under the provisions of *" The Local Authorities ~ ~ ~ ; o~ i~ ~ : ; . ( Joint Action) Act of 1886" and t" The Local Authorities . Acts, 1902 to 1935," and existing at the commencement of this Act shall, unless or until dissolved under this '" ;)0 Vie. No. 16 (repeal od by sc'ction 4 (1) of" 7'/10 Local Authorities A,;t of I[ ) O~ . " ) t ~ Eclw. VII. No. 19 and amending Ads, 8upra, pages 18GO et 8eq. See Alphabctinal Table.

16040 ss 2 (3), (4); 3 (1). P'.llT 1.- PRELlMINARyr LOCAI.J AUTHORITIES. Loral Oouernment Act. 1 GEO. VI. No. 1, Act be and remain Joint Local Authorities for the purposes of this Act, and shall so far as is necessary be deemed to have been constituted under this Act; but the Areas thereof and the powers thereof may be altered and varied under this Act. Saving of certain (3.) Except as by this Act is otherwise expressly enactrnents provided, nothing herein contained shall be construed SanchdepdouwleerIsI.. to repeal or otherwise prejudicially affect any of the Acts mentioned in the Second Schedule to this Act, or -any powers, authorities, privileges, duties, or obligations conferred or imposed upon any person, company, or corporation under the provisions thereof: Provided that this subsection shall not revive any provision of any such Act in so far as such provision was repealed by the First Schedule to *" The Local Authorities Act of 1902." . i Pa n nodwadendrosittitioonn e this ( A4.c)t Ashllalpl obweerdseegmiveedn toto bae LinocaadldiAtiuotnhotroityanudnndeort { du ) en f rdpoeogrwaoteitrohsner iLnocdaelroAgauttihoonriotyf abnyy oatnhyer optohwerersAccot, nfaenrrded suupchon ostuhcehr Acts. powers may be exercised in the same manner as if this Act had not been passed. Interpreta. tion and definitions. Alignment. Animals. Area. Board. Boundary bridge. • 3. (1.) In this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say :- "Alignment"-The boundary line between any road and any land abutting thereon ; " Animals "-Cattle, horses, camels, sheep, dogs, goats, and swine; " Area "-The district in which a Local Authority or .Joint Local Authority, as the case may be, has jurisdiction, including any place under the control of the Local Authority or Joint Local Authority outside the boundaries of the Area; " Board "-The governing body of a Joint Local Authority; " Boundary bridge"-A bridge over a river, creek, or other watercourse which, or one side of which, forms tht' boundary between two Areas, or a bridge over any such river, creek, ,.. 2 Edw. VII. No. 19, supra, page 1860.

19i:l6. LOCAL AUTHORITIES. Local Government Act. s.3 (1). 16041 PART L- P R'ELDHN AR Y. or watercourse situated at a point where two or more Areas, not being all on the same side of such river, creek, or watercourse are conterminous: the term includes a ford, causeway, or other crossing in a similar location; "Boundary road" --A road which, or one side Boundary of which, forms the boundary between two road. Areas; " Bridge "-A bridge, ford, causeway, culvert, or Bridge. other crossing upon a street, road, or highway, and over a river, creek, or other watercourse ; " Building "-Any fixed structure which is either Building. wholly or in part enclosed by walls and which is roofed; " By-laws "-By-laws made under the authority By-laws. of this Act: the term when necessary includes by-laws duly made by a LocaJ Authority or Joint Local Authority under the authority of any repealed Act; " Cattle "-Bulls, cows, oxen, heifers, steers, and Cattle. calves; " Chairman "-The person acting for the time Chairman. being as the mayor of the council of a Town or as the chairman of the council of a Shire: the term when necessary includes a deputy mayor or deputy chairman, or acting mayor or acting chairman, and in respeet of a Joint Local Authority, includes the president; " Clerk "-The person appointed by the Local Clerk. Authority to act as Town clerk or clerk of the Shire, or the person appointed by the Joint Local Authority to act as its clerk, as the case may be: the term includes the officer for the time being performing the duties of the clerk; " Commissioner "-The Commissioner for Hail- Commis- ways appointed for the time being under the sioner. authority of the laws in force relating to the construction, maintenance, and manage- ment of railways;

16042 s.3 (1). PART 1.- PRiELIMINABY. LOCAL AUTHORITIES. Local Government Act. 1 GEO. VI. No. 1, Component Local Authority. Conter- ruinous. Council. Division. Drain. ElectionsAct. Elector. Electoral registrar. Electric line. Engineer. " Component Local Authority "-One of the Local Authorities of which or of whose repre- sentatives a Joint Local Authority is composed; " Conterminous "-When two or more Areas are so situated that each one of the Areas is adjacent to another Area, or is only separated from it by a river, creek, or watercourse, all the Areas are "conterminous" within the meaning of this Act; " Council "-The council of a Town or Shire; " Division "-A division of -a Shire; " Drain "-Any drain for the carrying-off of waters other than sewage; "Elections Act "-*"The Elections Acts, 1915 to 1932" (and any Act amending or in substitution for those Acts) ; " Elector "-A person named as such in an electoral roll compiled pursuant to the ElectionsAct and enrolled on a voters' roll compiled under this Act, or on an electoral roll in use in a divided or undivided Area as a voters' roll ; " Electoral registrar "-The person appointed to perform in an electoral district, or division of such district, the duties imposed on electoral registrars by the Elections Act ; "Electric line "-A wire or wires conductor, or other means used for the purpose of conveying, transmitting, transforming, or distributing electricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket, or insulator enclosing, surrounding, or supporting the same or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting, trans- forming, or distributing electricity, but not a telegraph or telephone line; " Engineer "-The officer appointed by the Local Authority to be engineer for the purposes of this Act: the term includes any officer for the time being performing the duties of engineer; - - - - ~ - - - - - - - - - ~ - - - - - - - ~ - - - - - ~ - - - - - * 6 Geo. V. No. 13 and amending Acts, supra, pages 6779 et Beq.

LOCAL AUTHORITIES. s.3 (1). 16043 1936. Local Government Act. - - - - - _ . _ ..... J'AllT I.- PH~ LTMl~ ARY. " Ferry "-Includes a punt or floating bridge; Ferry.' " Fire - resisting materials"- The following !ire-resist. materials, namely:- ~ ~ terials. (i.) Brickwork, constructed of good bricks, well- burnt, hard, and sound, properly bonded, and solidly put together- (a) With good mortar compounded of good lime and sharp, clean sand, hard, clean broken brick, broken flint, grit, or slag, or (b) \Vith good cement, or (c) \Vith cement mixed with sharp, cl~ an sand, hard, clean broken brick, broken flint, or slag, (ii.) Stone suitable for building purposes by reason of its solidity and durability, (iii.) In cases approved by the Local Authority iron, steel, copper, plaster, and fibro- cement, (iv.) Slate, tiles, brick, and terra cotta when used for coverings or corbels, (v.) Flagstones, when used for floors over arches, but not exposed on the underside, and not supported at the ends only, (vi.) Concrete composed of broken bricks, stone chippings, or ballast and lime, cement or calcined gypsum, when used for filling in between joists of floors, (vii.) Approved concrete, composed of portland cement, broken stone, brick, pumice, coke breeze, chippings or ballast, and reinforced concrete, (viii.) Sheet metals when used for roof coverings, (ix.) Iron and steel columns, girders or wall- framing when cased in cement, concrete, or other incombustible material, (x.) In the case of staircases except fire-resisting staircases and landings around lift en- closures, approved hardwood with treads

16044 s.3 (1). l'.\RT 1.- PRELIMINARY. LOCAL AUTHORITIES. Local Government Act. 1 GEO. VI. No. 1; and strings not less than two inches thick, the underside being protected by declared fire-resisting material, (xi.) Approved hardwood, when used for beams or posts or in combination with iron or steel, the iron or steel, if any, being pro- tected by plastering or other incombustible or non-conducting external coating, not less than two inches in thickness, (xii.) In the case of floors, fire-resisting stair- cases and landings around lift enclosures, brick, tile, terra cotta, concrete not less than four and one-half inches thick, in combination with iron or steel, reinforced concrete not less than four inches thick, (xiii.) In the case of roofs, brick, concrete. terra cotta, or reinforced concrete, (xiv.) In the case of internal partitions forming party structures, enclosing walls to lifts, staircases, and passages, reinforced concrete not less than four inches thick, terra cotta not less than six inches thick, brickwork, concrete, or other approved incombustible material not less than nine inches thick, (xv.) In the case of glazing for vertical party structures and fixed borrowed lights in partition of fire-resisting construction, two thicknesses of wired glass not less than one-fourth of an inch in thickness, fixed not less than two inches apart, in panels not exceeding thirty inches by twenty-four inches, the panels to be secured in approved metal frames. In the case of glazing for the following horizontal party structures- namely, floors of lobbies, passages, and landings, floor lights of glas not less than three-quarters of an inch i thickness, or more than four inches s uare, set in approved metal or other incombustible frames, (xvi.) Any material from time to time declared by a by-law of the Local Authority to be fire- resisting ;

LOCAL AUTHORITIES. 1936. Local Governrnent Act. - - - - -~ - --~ --- --- --- - s. 3 (1). 16045 PART 1.- PP.:ELIMINARY. " Goods" Goods, chattels, merchandise, Goods. materials, stone, timber, or other articles; " Horses "-Horses, mares, geldings, colts and Horses. fillies, asses, and mules; " Improved land "-The site or curtilage of any Improved building, or any garden, lawn, yard, court, land. park, plantation, planted walk, avenue, or nursery for trees, and any land under cultivation; "Licensed vehicle "-Any stage carriage, or Lic~ nsed omnibus, hackney carriage, motor, coach, vehICle. car, cab, wagon, lorry, cart, van, dray, trolley, motor bicycle, or other vehicle in respect of which a license under the provisions of this Act or any Act hereby repealed is in force; .. Licensee"-The Q.older for the time being of Licensee. any license under the provisions of this Act or any Act hereby repealed; "Local Authority" - A Local Authority Local . constituted under this Act: the term in Authority. relation to any functions of local government under this Act, or any of the powers and duties conferred upon Local Authorities under any other Act, also includes a Joint I L . II ocrealsp ' Aecutththoerirteytoc;onstituted under this Act " Member "-A member of a Local Authority or Member. Joint Local Authority, as the case may be ; " Minister "-The Secretary for Health and Home Ministe£. Affairs or other Minister of the Crown for the time being charged with the administnt- tion of this Act; " Newspaper "-A newspaper published in the Newspaper. Area, or, if no newspaper is so published, a newspaper generally circulating in or near the Area; " Noxious weed or plant "-Any weed or plant Noxious growing within any Area whieh has been ; ; . : ~ ~ . or declared to be a noxious weed or plant under this Act;

luO±u s.3 (1). PART I.- PRELTMJN ARY. LOCAl~ AUTHORT'l'IES. Local Government Act. 1 GEO. VI. No. 1, Obligation. Occupier. Omnibus. Opcn to inspection. Owner. " Obligation "-The term when used with reference to land, timber, or goods or chattels, as the case may be, shall mean and include any mortgage, encumbrance, lien, bill of sale, caveat, judgment, writ, warrant, or other charge, agreement, or process registered against or in any way affecting the land, timber, or goods or chattels; " Occupier "-The person in actual occupation of any land, or if there is no person in actual occupation the person entitled to possession thereof: in the case of a gold field or mineral field, the term includes any person in actual occupation of any land comprised within any gold mining lease or mineral lease' or miner's homestead lease under any form of tenancy from or by the consent or with the leave and license of the lessee; " Omnibus "-A vehicle drawn or propelled by animal or other power, and used for the conveyance of passengers, goods, or parcels for hire, not being a car used on a railway or tramway: the term includes a motor vehicle or motor bicycle; " Open to inspection" (used in reference to books, documents, and writings belonging to or relating to the business of a Local Authority or Joint Local Authority)-Open to inspection or for the making of any copy or extract at the office of the Local Authority or Joint Local Authority at all reasonable times during office hours by any elector of the Area or creditor, or any person acting on behalf of an elect.or or creditor, without payment of any fee; " Owner "-The person other than His Majesty who for the time being is entitled to receive the rent of any land, or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof: the term includes any 'lessee from the Crown, and any supe;intendent, overseer, or manager for such lessee residing on the

19;)6. LOCAL AUTHORITIES. Local Govl?nuncJli Act. s.3 (1). 100-17 PART 1.- PRELT:WTXARY. holding, and in the case of a gold field or mineral field also includes the holder of a mining lease or miner's homestead lease and the lawful occupier of a business area or residence area under the laws for the time being in force relating to mining; " Pest "-Any animal or bird infesting or Pest. devouring any tree, plant, vegetable, or product thereof, or any insect or fungus infesting or causing disease to any tree, plant, vegetable, or product thereof, or any insect, matter, or thing infesting or causing disease in any animal which has been declared a pest under this Act ; « Place of public amusement or public resort "- Place of Any building or any part of a buildi . ng, or any apmubulsicemen t enclosure, ground, place, or premIses what- or public soever used or intended to be used for public resort. meetings, or as assembly rooms, or as a theatre, or dancing hall, or music hall, or for athletic entertainment or boxing, or for circuses, or cinematograph exhibitions, or as a stand on any racecourse or on land adjacent thereto, or sports ground, or show ground, or for any public performances or public amusements whatever, whether a charge is made for admission thereto or not: and moreover shall include any building or part of a building, premises, or place in or upon which any prize-fight, dog-fight, or cock- fight takes place; " Pound-keeper "-The officer appointed to be Pound- pound-keeper for the purposes of this Act: the keeper. term includes the officer for the time being performing the duties of the pound-keeper; " Prescribed "-Prescribed by or in pursuance of Prescribed. this Act; " Proprietor "-The person owning any animal, Proprietor. or any agent or overseer of such owner; " Registrar of titles "-The registrar of titles for Registrar of the time being appointed under *" The Reaztitles. Property Acts, 1861 to 1887" (or any Act * 25 Vie. No. 14 and amending Acts, 8upra, pages 2984 et 8eg.

1604:8 s. 3 (1). PART 1.- PR:ELIMl~ ARY. LOCAL ACTHORITIES. Local Government. Act. 1 GEO. VI. No. 1, Regulations. Road. Sanitary convenience. Sewerage. Sheep. Shire. Structure. amending the same), including a local deputy registrar of titles, or, where the registrar of titles is not the authority charged with the registration of the instrument of title to the tenure of any land, the authority charged with registering the instrument of title to such tenure; " Regulations "-Regulations made under the authority of this Act; " Road "-A street, road, or highway dedicated to the public, including a bridge or ferry and the approaches thereto: the term includes any road within the meaning of *" The Diseases in Stock Acts, 1915 to 1935" (or any Act amending or in substitution for those Acts) ; " Sanitary convenience "-Includes urinals, water- closets, earth-closets, privies, cesspits~ cesspools, or other receptacles for the deposit of frecal matter or refuse, and all similar conveniences; " Sewerage "-Any sewer, manhole, ventilator, structure, engine, pump, machinery, sewerage apparatus, outfall, or other work for or in connection with sewerage connection to premises, or sewerage apparatus: and for the purposes of this definition the term " sewer" shall mean any sewer for the carrying-off of sewage: and "sewage" includes frecal matter, urine, household slops, and objectionable waters: and the term " sewerage apparatus" shall mean any water closet, urinal, fitting, apparatus, appliance, sink, trap, pipe, or ventilator for or in connection with any sewer; " Sheep "-Rams, ewes, wethers, and lambs; " Shire "-An existing Shire or division, or a Shire constituted under this Act; " Structure "-Any building, wall, fence, or other structure, or anything affixed to or projecting from any building, wall, fence, or other structure; * 6 Geo. V. No. 16 and amending Acts, supra, pages 7015 et seq.

LOCAL Al?1'nORl r rmS. 1936. Local GovcJ'mneni Act. - - - - . - . - - - - .. ~ - . - - .. - s.3 (1). 16049 PART 1.- t"RIELIMINARY. " Subdivision," " subdivide," and similar expres- Subdivision, sions mean and refer to dividing land into &c. parts, whether the dividing is- (a) By sale, conveyance, transfer, or partition, or (b) By any agreement dealing or instrument inter vivos (other than a lease for any term not exceeding five years without right of renewal) rendering different parts thereof immediately available for separate dis- position or separate occupation, or (c) By procuring the issue of a certificate of title under *" The Real Property Acts, 1861 to 1887," in respect of a part of the land; "This Act "-Includes this Act and any This Act. Proclamation, Order in Council, regulation, or by-law thereunder, or any order or notice made or given under this Act, or under any such Proclamation, Order in Council, regulation, or by-law; " Town "-An existing City or Town or a City or Town. Town constituted under this Act; " Tmvn planning "-Town planning shall include Town all matters necessary or expedient for planning. securing the improvement, development, healthfulness, amenity, embellishment, convenience, or commercial advancement of the Area or part of the Area of any Local Authority; " Town planning scheme" or "scheme"-A scheme Town for town planning' , psclahnenminet! Cor scheme. "Tramway area "-A tramway area defined Tramway under t"The Local Authorities Acts, 1902 to area. 1935 " ; " Undertaking" (in relation to a Local Authority Under- or Joint Local Authority)-The provision of taking. water, gas, or electricity, transport, or any other public service which the Local Authority or Joint Local Authority is authorised by this Act or any other Act to undertake; -------- ... * 25 Vic. No. 14 and amending Acts, supra, pages 2984 et scq. t 2 Edw. VII. No. 19 and amending Acts, supra, pagea 1860 etseq.

160;")0 ss.3 (2) ; 4 (1). PART 1.- PR.ELIMI'i ARY. LOCAL AUTHORITIES. Local Government Act. 1 GEO. VI. No. 1, Vehicle. Velocipede. " Vehicle "-Any description of vehicle drawn or propelled by animal or other motive power other than a velocipede as herein defined; " Velocipede "-A bicycle, tricycle, or other vehicle of similar description; Watershed. " Watershed "-Any portion of an Area or division from which the water is drained in a common direction by reason of the natural conforma- tion of the country or otherwise; Width of a road. "Width of a road" shall be ascertained by measuring at right angles to the course thereof from the alignment on each side of the road; Writing. " Writing "-Includes partly printing and partly writing, and printing, typewriting, litho- graphy, photography, and other modes of representing or reproducing words in a visible form; Year. " Year "-The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June, in the next following calendar year. Where in this Act reference is made to a mineral field only, such reference shall be and be deemed to be a reference both to a mineral field and a gold field. Offence (2.) \Vhen any act is by this Act directed or forbidden against Act. to be done, or when any authority is given by this Act to any person to direct, any act to be done, or to forbid any act to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case every person who offends against such direction or prohibition shall be deemed to be guilty of an offence against this Act. PART Il.- POWERS OF CEXTRIL GOVERN- MENT-- Regard to be P ART Ir.-POWERS OF CENTRAL GOVERNMENT. 4. (1.) The Governor in Council and the Minister, had to. repre· respectively, in exercising any powers conferred by this ~ ~ ni~ ~ ~ ns Act shall have due regard to the representations of the Authorities. several Local Authorities which, or the Areas of which, may be affected by the exercise of such powers; but neither the Governor in Council nor the Minister shall be bound to wait for any representation of any Local Authority before exercising such powers or to comply with any such representation.

LOCAIJ AUTHORITIES. s.4 (2). 16051 19:3G. Local (}ol)cl'nme lit Act. ----------- PART rI.- POWJ;;as OF CEX1'RAL GOV:t:RNMRNT, (2.) The Governor in Council may from time to General time make regulations providing for all or any purposes, ~ ~ : r to whether general or to meet particular cases, that may be regulations. convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. \Vithout limiting the generality of these provisions, regulations may be made for or in respect of all or any of the following matters and things:- (i.) Subject to this Act, on the recommendation of the Auditor-General regulations with respect to all or any of the following matters, namely :- (a) The form and manner in which the annual budget shall be framed and the books of account of the Local Authority shall be kept; (b) 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; (c) The terms and conditions on which arrears of rates may be written off ; (d) The duties of the clerk, chairman, and auditor as to the verification of rates in arrear at the date of the audit: (e) The duties of the auditor in connection with the audit and examinat;on of the accounts: (j) Generally for the execution of sections 23, 25, 26, and/or 29 of this Act. (ii.) Prescribing the conditions upon which certificates of auditors may be issued, and the conditions upon which such certificates shall continue in force and/or be cancelled and/or suspended. (iii.) Prescribing conditions upon which certificates of clerks may be issued and the conditions upon which such certificates shall continue in force and/or be cancelled and/or suspended. (iv.) Prescribing the conditions upon which certificates of engineers and overseers of works may be issued and the condition upon which such certificates shall Qontinue in force and/or be cancelled and/or suspended.

16052 s.4 (2). LOCAL AUTHORITIES. PAR';' 11.- POWER8 OF CE};TR\L GOVERNMEKT. - - - Local Gocernment Act. 1 GEO. VI. 1\0. 1, (v.) ,,yith respect to town planning- (a) The matters to be dealt with in the preparation or adoption of town planning schemes, or in any alteration, amplification, or revocation of any such scheme by a subsequent scheme; the civic surveys appertaining thereto; model clauses for the guidance of Local Authorities in preparing such schemes; the procedure to be followed in obtaining the approval of town planning schemes. (b) The method of considering objections to town planning schemes by Local Authorities; the procedure to be adopted by Local Authorities in submitting such objections and their representations thereon to the Minister. (c) Providing for the procedure in respect of appeals and the necessary forms in regard thereto. (d) All matters or things required or permitted by this Act to be prescribed in relation to town planning. The regulations may prescribe forms and fees and fix a penalty not exceeding fifty pounds in any case for any breach thereof. Any regulation made or purporting to have been made under this Act shall be published in the Gazette, and shall upon publication be of the same force and effect as if it were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the power and authority to make the same and of all matters therein contained. To be laid All regulations shall be laid before the Legislative beforE' Assembly within fourteen days after such publication, if Parliament. Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

LOCAL AUTHORITIES. s. 4 (3), (4). 16053 19~ - j6. Local (Jovcl'nmcllt Act. -- - ~~ - -~ - .. - ~ - - -. ~ ~. - -- .. - . -~ ~ .- - ~. - -. - - ~ - ~ -~ - ~- - -~ ~ -- PART II.- POWER'S OF CENTRAL GOVERNMEN'L For the purpose of this subsection, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. Any such regulation may be made on the passing of this Act. (3.) (i.) The Governor in Council may from time to General time make all such Proclamations and Orders in Council ~ ~ ~ ~ I' to as he thinks fit for the further or more effectually or Proclama- particularly carrying out the objects and purposes of this g~ ~ e~ ~ ~ Act, and for facilitating proof of any document or matter, Council. and for extending periods of time, and for curing irregularities, and substituting new for lost or destroyed documents. (ii.) The generality of this subsection shall not be qualified or affected by any provision of this Act giving power to make Proclamations and Orders in Council with regard to any subject-matters in such provision specified. (4.) (i.) Every Proclamation and Order in Council Publication made under this Act shall be published in the Gazette. ~ L! : , : ~ ~ ma- ( .n .. . ) 1 n : ~ ' Fh ere un d er t h' IS A ct t h . e G overnor I . n C ounm '1 COordunecrsil. in has power to make any Proclamation or Order in Council, he shall have power to make one or more Proclamations or Orders in Council as appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. (iii.) The Governor in Council may by another Am~ nd! ng or Proclamation or Order in Council amend or rescind any ~ : ~~ ~ ~lj~g Proclamation or Order in Council made under this Act. Council, &c. (iv.) No misnomer or inaccurate description or Misnomer, omission contained in any such Proclamation or Order & ~~: ~~~ et. o in Council shall in any wise prevent or abridge the P J operation of this Act with respect to the subject of such description provided the same is designated so as to be understood. (v.) No Proclamation or Order in Council purporting to be made under this Act, and being within the powers conferred on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same.

16054 s.4 (5)-(7). LOCAL AUTHORITIES. PART II.- - - - - - - . - - - -..-- ...----.-- - ....- - . - - - - . - - - POWERH OF Local Oovernment Act. CENl'RAL GOVERNMENT. - -. . . ._ _.- .. _.-.- ...... ---.-.- - - 1 GEO. VI. No. 1, (vi.) All Proclamations and Orders in Council made or purporting to be made under this Act when published in the Gazette shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever, and such publication shall be conclusive evidence of the power and authority to make the Proclamation or Order in Council so published and of all matters contained therein. Governor in (5.) The Governor in Council may at any time ~ ~ uncil may suspend or rescind any resolution or order of the Local ill ervene. Authority, or may prohibit the expenditure of any moneys from the general or any other fund upon any work which he deems unnecessary, or which will in his opinion impose undue burdens upon the inhabitants of the Area or any division thereof. Extravagant (6.) If, whether in pursuance of any resolution or allowances, order of the Local Authority or otherwise, any payment &c. of money has been made to any member out of the general or any other fund which the Governor in Council considers unnecessary, extravagant, or is not authorised by this Act or any other Act, the Minister shall order such member to repay such money to the Local Authority forthwith or within such time as the Minister allows. If such member does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the registrar of such court, and may be enforced accordingly. Returns. (7.) The Local Authority shall provide the Minister at his request from time to time with such returns relating to matters under its jurisdiction as may be required, and tho Minister shall fix a reasonable time within which the returns so required shall be furnished. Any person appointed for that purpose by the Minister shaE at any time have access to all records 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 subsection or makes a false return, and any person who impedes or obstructs any person appointed by the Minister to perform any duty under this subsection shall be liable to a penalty not exceeding fifty pounds.

LOCAL AUTHORITIES. s. 4: (8)-(10). 16055 PART II.- 1936. Local Government Act. POWERS OF CENTRAL - - - - - - - - - - - - - - - - - - - - - - - - GOVERNMENT. The clerk and the chairman and every member of the Local Authority who causes or is privy to any such neglect, refusal, or falsity shall also be liable to the same penalty. (8.) The Governor in Council may by Order in Repeal of Council repeal any by-law· or part of any by-law. by-law. Dissolution of Council. (9.) Notwithstanding anything in this Act contained, P~ wer to the Governor in Councp-. may in his absolute discretion~ ~ = ! il~ a. or may, upon the petItIOn of at least one-fifth of the electors of the whole Area, by Order in Council at any time, if in either case, in his opinion circumstances have arisen rendering it necessary so to do, dissolve any council, whereupon the following consequences shall ensue:- (a) The chairman and members of the council shall forthwith go out of office; (b) A fresh election of the chairman and 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' roll 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. The Governor in Council shall appoint some person to carry on, until the first meeting of the new council, all works authorised or commenced before the dissolution of the council, and to pay all expenses connected there- with and all administration and office expenses; and for this purpose such person shall, until that meeting, be deemed to be the Local Authority, and may exercise all the powers thereof. (10.) Notwithstanding anything in this Act Exclusion of contained, the Governor in Council may by Order in fart o~ : \ rea. Council declare that this Act shall not apply and extendl~ f: t 18 to such part of the Area of the Local Authority as is

16056 s.5 (1). LOCAL AFTHORITIES. PART II.- POWERS OF CENTRAL Local Goven~ ment Act. GOVERNMENT. ~ - - - - - - - - - - - - - - -- - -- - - - ~ - - - - - - - - - - - ~ - 1 GEO. VI. No. 1, defined in such Order; and from and after the making of such Order in Council this Act shall cease to apply and extend to the part so defined : Provided that the Governor in Council may at any subsequent time repeal any such Order, and forthwith upon such repeal this Act shall again extend and apply to such part. PART HI.- AREAS. PART IlL-AREAS. Area8. Classes of 5. (1.) (i.) Areas may be any of the following Areas. classes, namely ' - (a) City; (b) Town; (c) Shire. Powl'rs of (ii.) The Governor III Council may by Order in CGoouynecrinlo. r in Council-- (a) Include in an Area any part of Queensland which is not included in any Area; (b) Abolish an Area or Areas and join such Area or Areas or join parts of such Area or Areas with another Area or other Areas; (c) Alter the boundaries of Areas by including in one Area part or parts of another Area or part or parts of other Areas, and by excluding such part or parts from such other Area or Areas; (d) Divide a Shire into divisions; (e) Redivide a Shire into divisions; (j) Abolish the divisions of a Shire; (g) Alter the name of an Area: Provided that, at the request of a council of a Shire, the Governor in Council may, by Order in Council, declare and direct that the Area of such Shire shall be divided into divisions for the purposes of Part IV. only of this Act, and thereupon such Area shall for all other purposes of this Act be administered as if such Area were not divided into divisions. The same or any subsequent Order in Council may declare and direct and specify the divisions into which such Area of the Shire concerned shall be so divided: -

1936. LOCAL AUTHORITIES. Local Government Act. s. 5 (2).. 16057 PART IlI.- AREAS. Provided further, that the Governor in Council may Proclama. by Proclamation constitute a Town a City, and the same ~ ~ > n of shall be and remain a City until the Governor in Council Ity. by Proclamation otherwise declares. (iii.) If it is made to appear to 'the Governor in Notice. Council that it is expedient to exercise any of the powers conferred by this section, the Minister shall publish a notice stating the intention of the Governor in Council to exercise such power. Every such notice shall be published in the Gazette and in some newspaper. The last day on which such notice is published in the Gazette shall be deemed to be the day of the publication thereof. If within three months after the day of publication no sufficient cause is shown to the Governor in Council why the power proposed to be exercised should not be exercised, the Governor in Council may exercise such power. (2.) (i.) When an Area or Areas is or are abolished Effect of and such Area or Areas is or are joined to another Area or ~ n~ l~ sion or other Areas, the assets and liabilities of the Area or Jom er. Areas so aLolished shall devolve upon the other Area or other Areas to which the Area or Areas so abolished have been joined, and where in any such case it becomes necessary so to do, the Governor in Council may by Order in Council declare and apportion the assets and liabilities of the abolished Area or Areas between such other Areas, and in such manner as appears to him just. (ii.) When the boundaries of Areas are altered by Apportion. pinacrltudoirngpainrt son 0 ef A 0 trheaerpAarrteaosr apnadrts 1 . 11 ofaannyotshuecrhAcraes'ae to 1 r amsesentts, of& c. . becomes necessary so to do, the Governor in Council may by Order in Council declare and apportion the assets and liabilities of the respective Local Authorities, whether old or new, between them as appears to him just. (iii.) When a part of Queensland not included in an Extension of Area is included in an Area all by-laws in force in the by.laws to Area'in which such part is so included shall become the ~ ~ ! ~ la. nd by-laws and remain in force in such part until they are not in Area. repealed or amended under this Act.

16058 s.5 (2). I.JOCAL AUTHORITIES. PART 1II.- - - - - - - - - - - - - - - - - - - - -_ ..._--._.. _ . _ - AREAS. Local Government Act. 1 GEO. \'1. No. 1, Aotofpbjpoylii- ncleaadwtiosonr parts( ivo. f) sWuchhenAarneaAirseaoirs aarbeoljiosihneedd atnod asnuocthheArreAa reoar Ainrcelau. ded sour cohthAerreAa raenads, inocrlwudheedn ipnaarnt ootfhaenr AArreeaa, itsheenx,claunddedinfraonmy such case, all by-laws in force in the Area so abolished or part of an Area so excluded from such Area shall forth- with cease and have no further effect whatsoever in the Area so abolished or part so excluded from an Area, and all by-laws in force in any other Area to which such abolished Area or part of such abolished Area is joined, or in which such part so excluded from an Area is included shall become the by-laws of and remain in force in the abolished Area or part of an abolished Area so joined to such other Area, or the excluded part of an Area so included in such other Area until they are repealed or amended under this Act. Preservation (v_) When an Area is abolished and such Area or o va f luation, parts of such Area is or are joined to another Area or rates, }lc. other Areas, or when part of an Area is excluded from such Area and included in another Area, then and in any such case:- (a) The valuation, if any, last in force of the rateable land in the Area so abolished, or part of an Area so excluded from such Area shall (and notwithstanding that such abolished Area or part of such abolished Area is joined to another Area, or that such part so excluded from an Area is included in another Area) continue to be in force until a fresh valuation thereof has been made by the other Local Authoritv to which such abolished Area or part of such"abolished Area has been joined, or in which such part so excluded from such Area has been included; (b) All rates (including interest thereon, if any), which have accrued due in respect of land within the Area so abolished, or within the part of an Area so excluded from such Area, and which remain unpaid at the date of such abolition or exclusion, as the case may be, shall (and notwithstanding that such abolished Area or part of such abolished Area is joined to another Area, or that such part so excluded from an Area is included in another Area) be and remain due, payable,

1936. LOCAL AUTHORITIES. Local Government Act. s. 6 (1), (2). 16059 PART IIl.- AREAS. and leviable and may be paid to and received, levied, and recovered by the Local Authority of the other Area to which such abolished Area or part of such abolished Area has been joined, or in which such part so excluded from an Area has been included. (vi.) No Order in Council made under this section Debenture. shall prejudice or affect any right, power, or authority holders. which has accrued to debenture-holders. PART IV.-CONSTITUTION OF LOCAL AUTHORrrIES. PART IV.- COXSTITUTION OF LOOAL Constitution of Local Authorities. AUTHORITIES. 6. (1.) (1 . .) Every Town shall be govern6d by a To " w , n ~ s. . ~ TA council comprised of seven, nine, or eleven members including the chairman, as the Governor in Council from time to time declares by Order in Council. The members of the Council of a Town shall be called " Aldermen." The chairman in the case of a Town or City sha.ll be called the" Mayor." He shall be a member and an alderman by virtue of his office. (ii.) Every Shire shall be governed by a council Shires. composed of a chairman and not more than twelve members and not less than five members, as the Governor in Council from time to time declares by Order in Council. If the Shire is divided the number of members shall in like manner from time to time be assigned to each division. The number so assigned need not be the same for each division. If the Shire is not divided, the number of members including the chairman shall be five, seven, or nine. The members of the council of a Shire shall be called " Councillors." The chairman shall not be assigned to any division. He shall be a member and a councillor by virtue of his office. (2.) Every Local Authority and every Joint LocalOorporation. Authority shall be a body corporate with perpetual succession and a common seal which shall be judicially noticed, and shall, under the name for the time being

1fi ()fj 0 s.7 (1), (2). LOCAL ~ lUTIIORl' l' JES. PART lV.- - COKSTITLTION OF' LOCAL Local Government A_et. 1 GEO. Y1. No. 1, AcTHORITIES, --"------------------------,--------,---,-------,-----------------,----- assigned to it, be capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. Qual1jicatt'on and Election of Chairman and Members. cfQohuraaiolrfimffiiccaeantoifon who 7re. si ( d 1 e .) s Ewvitehriyn atdhueltApreeras,oann( dwwhehtoheurnmdealretohrisfeAmcatlei)s or member. qualified to be enrolled on the voters' roll, and who is not under any of the disabilities hereinafter specified, shall be qualified to be nominated as a candidate and to be elected or appointed and to act as chairman or member of the Local Authority of such Area, but only so long as he or she continues to hold such qualification. At any election a person shall not be qualified to be a candidate for the office of chairman and also for the office of ordinary member. Disqualifica. tions. (2.) No person who- (i.) Is concerned or participates in the profit of any contract with the Local Authority; or (ii.) Is (except as hereinafter provided) an employee of any Local Authority; or (iii.) Has his affairs under liquidation by arrangement with his creditors or is an uncertificated or undischarged bankrupt or insolvent; or (iv.) Is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under section six hundred and fifty-six of *" The Criminal Code"; or (v.) Is an insane person within the meaning of the laws in force for the time being relating to insanity, shall be capable of being or continuing a member: Certain acts Provided that nothing herein shall disqualify any " : cta~ ~ citate person from being or continuing a member solely because for . he is concerned or has participated or participates in a membershIp. transaction with the Local Authority in respect of- (a) A lease, sale, or purchase of lands, or an agreement for such lease, sale, or purchase; or * 63 Vic. No. 9, Sch. l., .supra, pages 344 et .seq.

LOCAL ArTIIOHTTlES. s. 7 (3), (4). 1606] - - - - - - - - - - P\RT IV.- 1936. Local Gm'cJ')llIlcllt Act. COKSTITUTION OF LOCAL A ~ - - - ~ ~ - - - - - - . - - ~ - . - --- - -- - -- . -. - -.- --~ .~- -.- --- --- - ~- . -- - -~ - -- - l;THORIrIES. (b) An agreement for the loan of money or any security for the payment of money; or (c) A contract entered into by an incorporated company for the general benefit of such 'company; or (d) A contract for the publication of advertise- ments in a public journal; or (e) The sale of goods to or the performance of any work for the Local Authority bona :fide in the ordinary course of business and not pursuant to any written contract and not exceeding the sum or value of one hundred pounds in anyone year: Provided further, that nothing herein shall disqualify any person who is for the time being an employee of any Local Authority and who is paid by the Local Authority with moneys received from the Unemployment Relief :Fund within the meaning of *"The Income (Unemployment Relief) Tax Acts, 1930 to 1935" (rmd any Act amending or in substitution for the same). (3.) (i.) Subject to this Act the chairman and Tenure of every other member shall hold office for three years. ~ :. , ~; . (ii.) The office of chairman or a member shall- (a) Commence on the day of his election or appointment thereto; (b) Become vacant at the conclusion of the next trimmial election under this Act unless sooner vacated as hereinafter provided. (iii.) Whenever at the triennial election an election has become unnecessary in respect of any candidate, and the returning officer has duly declared him to be elected, he shall not be entitled to act as chairman or member until the conclusion of that election. (4.) (i.) The office of chairman or member of a When office Local Authority shall be vacated- is vacant. (a) If he is or has become disqualified or has ceased to be qualified under the provisions of this Act; or * 13 Geo. V. No. 28 and amending Act,s, supra, pages 10073 et seq.

16062 s.7 (5), (6). LOCAL AUTHORITIES. PART IV.- CONSTITUTION OF LOCAL A UT-HORITIES. Local Government Act. 1 GEO. VI. No. 1, (b) If, without leave obtain~d from the Local Authority in that behalf, he has, in the case of a Shire, been absent from three or more cnnsecutive ordinary meetings extending over a period of three months at the least, or, in the case of a Town, been absent from four or more consecutive ordinary meetings; or (c) If he is ousted from his office by the Supreme Court; or (d) If he ceases for any reason to hold office before the day on which the office would ordinarily become vacant: Non-attend- Provided that the non-attendance of a chairman or :: t~: 8 member at the time and place appointed for an ordinary meeting meeting shall not be deemed to constitute absence from : ~ ~ ~ llY such meeting unless a meeting of the Local Authority at which a quorum is present is actually held on that day: Attendance Provided further, that the attendance of a chairman amteleatpinsged. or member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the clerk shall enter in the minute-book t.he names of all members who so attend. Disqualified (ii.) If a chairman or member before he is capable person '6cting. of acting as such, or after his office has become vacated, acts or continues to act as chairman or member knowing that he is not capable or that his office has become vacated, he shall be liable to a penalty not exceeding fifty pounds. Voters. (5.) The chairman shall be elected by the electors of the Area. If the Area is not divided, the other members shall be elected by the electors of the Area. If the Area is divided, the other members shall be elected for each division by the electors of such division. One vote (6.) (i.) At any election under or for the purposes only. of this Act, each elector shall have one vote only. (ii.) The voting shall be by ballot. (ill.) The election shall be held on a Saturday.

LOCAL AUTHORITIES. s. 7 (7). 16063 1936. Local Govet'nmenf Act. PART IV.- CONSTITUTION OF LOCAL AUTHORITIES. (7.) (i.) For the purpose of every triennial election Voters' roll. it shall be the duty of the returning officer to compile a voters' roll for the Area or each division, as the case may require, and in doing so he shall observe the following rules :- (a) The voters' roll shall consist of the names of all electors enrolled up to the immediately pre- ceding thirty-first day of December on the electoral roll or rolls of the electoral district or districts or parts thereof comprised within the Area or division, as the case may be; (b) The voters' roll shall be in the form prescribed for the said electoral rolls, and shall be a correct alphabetical roll showing the names, numbered in regular arithmetical order, beginning with the figure "1," of all electors: . Provided that th~ returning officer may, wherever practicable, use the electoral roll or rolls (as compiled up to the immediately preceding thirty-first day of December) of the electoral district or districts or parts thereof comprised within the Area or division as the voters' roll for such Area or division, with f}uch eliminations from or corrections in such electoral roll or rolls as may be necessary in consequence of the boundaries of the Area or division not being conterminous with such electoral district or districts, and in such case the preparation of a separate voters' roll in the form prescribed by the foregoing provisions of this subsection shall not be necessary : Provided further, that any person enrolled on an electoral roll in pursuance of proviso (i.) of subsection three of section nineteen of the ElectionsAct shall be entitled to be enrolled on the voters' roll for the Area or division in which he resides notwithstanding that his name does not appear on the electoral roll for the district in which he actually resides. (ii.) The returning officer shall furnish copies of the voters' roll (or of any electoral roll or rolls to be used as a voters' roll) to any person requiring them on payment of a sum not exceeding two shillings for. every copy thereof.

16(;64 s.7 (8)-(10). IV.- PART ~ - ~ - - - - - - ~ - - ­ CONSTlTL' l'IO~i 011 LOCAL AUTHORITIER. - Local Govcrnment Act. 1 GEO. VI. No. 1, (iii.) Electoral registrars throughout the State shall upon the application of a returning officer under this Act place their rolls and all papers, documents, and information in their possession at the disposal of such returning officer, and shall advise and furnish such assistance to such returning officer as may be reasonably requireo to facilitate the preparation of voters' rolls or the use of electoral rolls as voters' rolls. (iv.) For the purposes of any election held on any day other than the day of the triennial elections, the voters' roll shall 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 election is to be held. Triennial (8.)( i.) In every Area a triennial election of the ~lection. chairman and members shall be held. (ii.) The election of the chairman and members shall be held on any Saturday in Apr!l, one thousand nine hundred and thirty-nine, as the returning officer appoints, and thereafter on any Saturday in April in every third year as the returning officer appoints. (iii.) At every triennial election the chairman and the whole number of members shall be elected. Rules as to (iv.) The rules, forms, and directions contained in elections. the Third Schedule to this Act shall, as to all matters to which they extend, regulate the proceedings in relation to elections held in pursuance of this Act. Resignation. (9.) A chairman or any member may resign his office by writing under his hand addressed to the clerk; and such resignation shall be complete and shall take effect from the time when it is received by the clerk. Vacancy. (10.) (i.) Save as hereinafter provided, when any vacancy arises in the office of member or chairman other than the chairman of a Town' ill the case provided in paragraph (ii.) of this subsection, the Local Authority shall, at a special meeting called for the purpose, within two weeks in the case of a Town and within one month in the case of a Shire of the occurrence of the vacancy, appoint a qualified person to be member or chairman, as the case may be, in his stead.

LOCAL AUTIIOHITl ES. ss. 7 (11); 8. 16065 U)36. Local Government Act, PART 1V.- CONS'rIT UT ION OF LOCAL '-"- A l'THORITIES. If after the expiration of the time allowed as aforesaid for the filling of any vacancy, no member or chairman, as the case may pe, is appointed to fill the vacancy, the Governor in Council may appoint a qualified person to fill such vacancy: Provided that before the expiration of such time, on the request in writing under their hands of an absolute majority of the members so to do, the Governor in Council may appoint a qualified person to fill such vacancy. If vacancies occur at any time as to prevent a quorum of members from being obtained, an election shall be held to fill such vacancies. A person elected or appointed under this subsectiou to fill any vacancy shall, subject to this Act, hold office for the remainder of the period for \vhich his predecessor was elected or appointed. (ii.) In the case of a Town, when a vacancy arises Election of in the office of chairman within two years after his chairman. election thereto, an election shall be held to fiU the vacancy. (iii.) If a sitting member is elected or appointed to be chairman as hereinbefore provided to fill a vacancy, he shall forthwith be deemed to have vacated his office as. member, whereupon a vacancy in that office shall anse. (11. ) Nothing herein contained shall prevent any Members person from being immediately or at any time ilppointed may be or re-elected to the office of chairman or member if he is re·elected. capable for the time being, under this Act, of being and continuing such chairman or member. iVew Electio ns. 8. When any Order in Council is issued under New. sections five or six of th~ s Act th~ Governor in Council ~ ~ ~ ~ ! ; en~ non may by the same Order 111 CounCll or by aI'other Order boundaries in Council declare and direct whether a fresh election of ~ ~ ~ ~ : ~ ~ : s. chairman or member or members shall be held for any Area or for any division of an Area affected by such Order in Council or change in the number of members, and if so, when such election shall be held and whether the chairman and any and which of the existing members shall go out of office, and at what time.

16066 s. 9 (1)-(5). LOCAL AUTHORITIES. PART IV.- CONSTITUTION OF LOCAL Local Government Act. 1 GEO. VI. No. 1, AUTHORITIES. - - - - - - - - - - - - - - - - - - - - - - - Disputed elections or exercise of office. Duster from Office. 9. (1.) 'When any person declared elected to the office of chairman or member has been elected unduly or contrary to this Act, or any person who is incapable under this Act of holding or continuing to hold any such office has been elected to or holds or exercises any such office, the Supreme Court or a judge thereof may, upon the application of any five electors of the Area, grant an order calling upon such person to show cause why he should not be ousted from such office: Provided that the applicants shall before making the application pay into court the sum of twenty pounds as security for costs, to abide the event of the application. (2.) If upon the return of the order it appears to the court or judge that the person so elected or holding or exercising such office was elected unduly or contrary to this Act, or was at. the time of his election or while holding or exercising such office incapable under this Act of holding or continuing to hold the same, the court or judge may make the order absolute, or, if the matter does not so appear, may discharge the order, and in either case with or without costs. The person against whom any such order is made absolute shall be deemed thereby to be ousted from such office accordingly. (3.) No such order for ousting any person as having been elected unduly or contrary to this Act shall be granted unless the application is made before the expiration of four months from the declaration of the result of the election at which such person was elected. (4.) 'When any proceedings in pursuance of this section are pending in the Supreme Court, the court or judge may order from time to time that· an inquiry be held by a fit person, to be named by the court or judge, touching any matters of fact which it is necessary or expedient to ascertain for the purpose of dealing with the proceedings so pending, and that such person do report to the court or judge touching such matters; and the court or judge may adopt and act upon the report of the person so appointed. (5.) Sections fifty-three to fifty-seven inclusive of the *" Evidence and Discovery Act of 1867," so far as the same respectively apply to the powers, rights, and liabilities conferred or imposed in the case of an order for

LOCAl, AUTIIOJIl'rlES. ss. 10 (1)-(3); 11 (1)-(3). 16067 1936. Local (io('cntrlu'llt .Act. PAR:r IV.- CON:-:'f1l' L nON m'LOCAL ..\ T~' }'HORITIES. the issue of a commission for the examination of witnesses under section fifty-three of that Act, shall be deemed to apply in the case of any inquiry in pursuance of this section in like manner as if' the person ordered to report under it had been tluthorised and required to take examinations under that Act, and such person may call upon the clerk to produce the ballot-papers used at the election, and may inspect them. Election of Deputy Chairman. PART V.- CHAIRMAN. 10. (1.) At the first meeting of'the Local ..:\uthority Election of after the conclusion of ever 0 y .., triennial election Ofd C je l p a ? I - r t m y an members or a fresh election of all the members, or at . some adjournment thereof, the members present shall elect one of the members to be deputy chairman who shall, except as hereinafter provided, hold office until the conclusion of the next triennial election of members. (2.) If the deputy chairman resigns his office as deputy chairman or member, or his office otherwise becomes vacant, the LocaJ Authority shall elect a mf,mber to be deputy chairman in his stead, who shaJl hold office until the period aforesaid. The vacancy shall be filled at a special meeting of the Local Authority to be called by the clerk forth with. (3.) The office of deputy chmnmm shall- (a) Commence on the day of his eleetion or appointment thereto; (u) Become vacant on the day of the conclusion of the next triennial election or appointment of members or on his ceasing to be a member. Powers and Duties of Chairman. 11. (1.) The chairman may, unless otherwise Chairman directed by by-law or by resolution of the Local Authority, may . authorise any work which in his opinion is urgent at a cost ~ : : : ! ~ lse not exceeding twenty pounds or such higher limit as the works. Lo:::al Authority may determine. (2.) The chairman shall give effect to any by-law, Chairman to resolution, minute, or report which has been passed or give effect adopted by the Local Authority. to by-law. (3.) The chairman shall preside at every meeting Chairman of'the Local Authoritv at which he is present, and if he to preside I - S prevente( i 1ly a b~ sence, 1 '11ness, or 0 therW- lse f rom at meetings.

16068 88.11 (4); 12-14 (1). LOCAL AFTHORITIES. PART V.- CH. ~ TRMAN. Local Government Act. 1 GEO. VI. No. 1. When deputy chairman to ad. presiding at any meeting the deputy chairman shall preside at the meeting, and if the deputy chairman is absent another member shall be elected at the meeting to be chairman during the absence of the chairman and the deputy chairman from the meeting. (4.) A deputy chairman may act in the office of chairman dur~ ng such time as the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman or during such time as a vacancy exists in the office of chairman. Powers and Duties of Acting Chairman. Acting chairman. 12. If the chairman and deputy chairman are at any time prevented by absence, illness, or otherwise from performing the duties of the office of chairman the Local Authority may, if it thinks fit, appoint one of its members to act as chairman during such time as the chairman and deputy chairman are prevented by absence, illness, or otherwise from performing the duties of the office of chairman, and the acting chairman while so acting may do all acts that the chairman, as such, may do. Allowance to Chairman. Allowance to 13. The Local Authority or Joint Local Authority chairman. may grant an allowance to the chairman or president from the general fund. During such time as the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman the Local Authority may grant an allowance to the deputy chairman, and any such allowance to the deputy chairman shall unless otherwise determined by the Local Authority, be deducted from the corresponding allowance to the chairman. PART 1/1.- PROCEEDINGS. PART Vr.-PROCEEDINGS. 111eetings. Meetings. 14. (1.) In every Town on the third day after the conclusion of every triennial election, or of a fresh election of all the members, or on such other day as may bo appointed by the by-laws or by resolution, and in every Shire on such day as may be appointed by the by-laws or by resolution, the Local Authority shall hold a meeting at the hour of twelve o'clock noon or at such hour as may be appointed by the by-laws or by resolution.

19:ifl. LOCAIJ AUTHORITIES. Local GOI'cnl}Jlcl/f Ad. s. 14 (2)-(4). 1600!) ~ -~- 1'IWCEEDlNGS. PART YI.- (2.) The Local Authority shall have power to fix Meetings of by lw v -law or b . v , resolution the times at which the ordinary L' \ oucthalority meetings shall be held: " . Provided that the council of a Town shall meet at least once in ear-h month, and of a Shire at least once in eaeh quarte;" Every meeting other than a meetin£[ of a Local Authoritv sitting' in a committc'e of the \ ~ hole shall be opcn to V the public. (3.) No business shaH be transacted at any Quoru:n meeting unless a majority of the whole mnnber of voting. members for the time being assigned to the Area are present when such business is transacted. All pov,'ers vested in the Local Authority may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. Por the purposes of this Act, ~ \ Yhere the number of members of a Local Authority is an even number, a majority of the "vhole number of members shall be deemed to be present at any meeting if the chairman and such members aTe present as in the aggregate constitute one-half of the whole number of members. l'pon cvery question the chairman shall have a vote, Chairman's and if the numbers are equally divided he shall have a casting vote. second or casting vote. ' ~ - it all meetings, sa.ve as by this Act is otherwise provided, all members present shall vote. If a member refuses to vote, his voto shall be counted for the negative. (4.) (i.) If a member of a Local Authority has any Disability of ppreocpuonsiea d ry cionntetrraecstt, odriraetc h t eorr minadtitreerc, t, anin d a I . n S yprceosnetnr t acat t oar mA Lo ue c mth a bo l erirtsieo s f Bleeting of the Local Authority at which the contract for voting or propose d ~ contrac t or at h er ma tt er I ' S t ' he subJ' ec t f or oofn ianctecroeusntt consideration, he shall at the meeting, as soon as in contracts, practicable after the commencement thereof, disclose &c. the fact, and shall not take part in the consideration or discllssion of, or vote on any question with respect to, the contract or proposed contract or other matter: Provided that this subsection shall not apply to an interest in a contract or proposed contract or other matter which a member may have as an elector or

16070 s.14 (4). PART VI.- PllOCEEDINGS. LOCAL AGTHORITIES. Local Government Act. 1 GEO. VI. No. 1, inhabitant of the Area or as an ordinary user or consumf:'r of gas, electricity, water, or any other service or thing, or to an interest in any matter relating to the terms on which the right to participate in any service including the supply of goods is offered for general use or consumption. (ii.) For the purposes of this subsection, a person shall (subject as hereafter in this paragraph provided) be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter if- (a) He or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or (b) He is a partner or is in the employment of a person with whom the contract is made or is proposed to be made, or who has a direct pecuniary interest in the other matter under consideration: Provided that- (a) This paragraph shall not apply to membership of or employment under any public body; (b) A member of a company or other body shall not by reason only of his membership be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body. (iii.) In the case of married persons living together, the interest of one spouse shall if known to the other be deemed for the purposes of this subsection to be also an interest of that other spouse. (iv.) A general notice given in writing to the clerk of the Local Authority by a member thereof to the effect that he or his spouse is a member or in the employ- ment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other . matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

]9:36. LOCAL AG1'HORITlES. Local (Jot'crnlncnt Act. s. 14 (5). 16U71 PART VI.- PROrEED[Xas. (v.) The clerk of the Local Authority shall record in a book to be kept for the purpose particulars of any disclosure made under paragraph (i.) of this subsection, and of any notice given under paragraph (iv.) thereof, and the book shall be open at all reasonable hours to the inspection of any member of the Local Authority. (vi.) If any person fails to comply with the provisions of paragraph (i.) of this subsection, he shall for each offence be liable on summary conviction to a fine not exceeding one hundred pounds unless he proves that he did not know that a contract, proposed contract, or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. (vii.) The Minister, as respects a member of any Local Authority, may, subject to such conditions as the Minister may think fit to impose, remove any disability imposed by this subsection in any case in which the number of members of the Local Authority so disabled at anyone time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears. to the Minister that it is in the interests of the electors or inhabitants of the Area that the disability should be removed. (viii.) A Local Authority may by resolution provide for the exclusion of a member of the Local Authority from a meeting of the Local Authority whilst any contract, proposed contract, or other matter in which he has such .an interest as aforesaid is under consideration. (5.) The members present at a meeting may, from Adjourn. time to time, adjourn the meeting. ment. of meetmg. If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member, if only one is present, or the clerk, if no member is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment: Provided that nothing herein shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held. o

16072 85.14 (6), (7); 15. PAR', VI.-- PROCEEDINGS. LO( , ~- \ L AUTHORlTIES. Local Government Act. 1 GEO. VI. No. 1, Notices of meetings. (6.) All notices of any meeting or adjourned meeting of the Local Authority (other than of a meeting adjourned to a later hour of the same day on which such meeting was held or was appointed to be held, or to the day or second day following the day on which such meeting was held or was appointed to be held) shall be in writing, and shall be delivered or sent by post or otherwise to the usual place of business, if any, within the Area, or to the place of abode of each of the members two days at least previous to the meeting. Every such notice shall specify the time of meeting, and in case of a special meeting shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. Resolutions; (7.) A resolution of the Local Authority shall not ~~: l:: r: ~ ~ ed be revoked or altere~ unles3 notic~ of .the. intention to propose such revocatIOn or alteratIOn IS gIven to each of the members, in the case of a Town seven days, and in the case of a Shire fourteen days, at the least before holding the meeting at which the revocation or alteration is to be proposed. If the number of members present at that meeting is not greater than the number present when the resolution was adopted, the resolution shall not be revoked or altered unless the revocation or alteration is determined upon by an absolute majority of all the members. C(:mm:tteos and quorum. Committees. 15. The Local Authority may, from time to time- (i.) Appoint out of its number committees, either for general or special purposes; (ii.) Delegate to a committee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee. Every committee may from time to time appoint one of its members to be chairman thereof. Every committee shall report to the Local Authority.

1936. LOCAL AUTHORITIES. Local Government Act. s. 16 (l)t (2). 1607:3: PART VI.- FROCEEDINGS. A committee may meet from time to time and may adjourn from place to place as it thinks proper, but no business shall be transacted at any meeting of the committee unless the quorum of members, if any, fixed by the Local Authority, and, if no quorum is fixed, two members at the least, are present. At all meetings of a committee if the chairman of such committee is not present one of the members present shall be appointed chairman of such committee during the absence of the chairman. All questions shall be determined by a majority of the votes of the members present, including the chairman; and, if the numbers are equally divided, he shall have a second or casting vote. Records. 16. (1.) (i.) .The Local Authority shall cause Minutes of minutes of all the proceedings of the Local Authority, and proceedings. of every committee appointed by the Local Authority, with the names of the members present at each meeting, and the names of all members voting upon any question for the decision of which a division is called, to be duly recorded from time to time in minute-books to be. provided for the purpose, which shall be kept by the clerk under the superintendence of the chairman. The minutes of each meeting shall be signed after confirmation by the Local Authority by the chairman at the meeting next succeeding the meeting at which such proceedings have taken place. (ii.) Such minute-books shall be open to inspection. To be open to Any person having the custody of any such minute- inspection. book who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. (2.) The clerk shall be responsible for the safe Safe custody custody of the minute-books, all books of account, of books, &c. agreements, receipts, vouchers, and other books, docu- ments, papers, correspondence, and writings belonging to or relating to the business of the Local Authority; he shall make a record of the same in obedience to the direction of the Auditor-General, and shall not destroy or mutilate any of them without his sanction in writing previously obtained.

16074 ss. 16 (3), (4); 17 (1). L(Y'}..L ~ - \ l T TIIORITIES. PI.HT YI.-- -- l'HOOEEDlXGS. Local (J overllment Act. 1 GEO. VI. No. 1, All such books, documents, papers, correspondence, and writings which are not by this Act declared to be open to inspection shall nevertheless be open to i1!spection by any member. Any person having the custody of any such books, document, paper, correspondence, or writing who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. Loss or ·de3truction -of records. (3.) Whenever any rate book, valuation, return, voters' roll, book of account, agreement, receipt, voucher, or other paper or writing belonging to or relating to the business of a Local Authority is destroyed or lost, the Governor in Council may, by Order in Council, direct all such acts and things to be done as he thinks best for repairing the loss, and may declare any copy of any such book, valuation, return, roll, agreement, receipt, voucher, or other paper or writing to be valid and effectual for all purposes, and may, if necessary, define the time during which such copy shall remain in force. ,Corres- (4) (i.) Correspondence with the Local Authority pondence. shall be addressed to the clerk. (ii.) The Local Authority may decide whether or not correspondence shall be read by the clerk. Appoint. xnent of .offlcers. Officers. 17. (1.) The Local Authority from time to time shall appoint a clerk, and may appoint an engineer, pound-keeper, and such other officers as are necessary to assist in the execution of this Act, or any other Act whereby power,~ or dutie3 are conferred or imposed upon the Local Authority. The Local Authority may pay to its officers out of the local fund such salaries and allowances as the Local Authority may determine or as may be fixed by nn award made by the Industrial Court pur,:uant to *" The Industrial Conciliation and Arbitration Acts, 1932 to 1935" (or any Act am :nding or in substitution for the -same), or by an award pursuant to the tCommonwealth Conciliation and Arbitration Acts, 1904 to 1934 (or any Act amending or in substitution for the same.) * 23 Geo. V. No. a6 and amending Acts, supra, pages 14266 et seq. la t ~ o. of 1904 and amending ~ -\ cts (Commonwealth).

1936. LOCAL AUTHORITIES. Sch.ltI. (rr.46-48). Local Government Act. 16207 THIRD SCHED"CLE. (iii.) Mter having counted the same, make up in separate parcels the ballot-papers, declarations, .voters' rolls, books, and papers received from each presiding officer in like manner as hereinbefore prescribed concerning the ballot-papers, voters' rolls, books, anq. papers kept and used by him at the polling-place, if any, at which he presided, and securely fasten and seal up, and also permit to be sealed up by the scrutineers!, and endorse in like manner as aforesaid, the said several parcels, and deal with the same as hereinbefore provided.; and (iv.) Make out in respect of each polling-place a like written statement, signed and countersigned as. hereinbefore required, concerning the polling-place, if any, at which he presided; and (v.) Examine the voters' rolls which have been used by himself and the presiding officers at the several polling- places, and ascertain whether any voters appear to have voted. at more than one polling-place; and (vi.) Make out a list showing the names and nUmbers of all voters who appear to have voted at more than one polling-place, or to have voted twice at anyone polling- place, and forward a copy thereof to each· of the candi- dates, and enclose the original list in the ,sealed packet with the voters' rolls. No returning officer shall open or examine any sealed packet in the joint absence of any candidate and his scrutineer unless he has given twenty-four hours' previous notice in writing to such candidate or to his scrutineer of his intention to open iand examine the same. 46. The following acts are, on polling-day and on all days to Prohibition which the polling is adjourned, prohibited within fifty feet from of . the main entrance of the building within which a poHing-booth is ~ anvassmg situated or within a polling-booth, namely ;- p~ iii~: ~ r (a) Canvassing for votes; or booth. (b) Soliciting the vote of any elector or (c) Inducing any elector not to vote for aIity particular candidate; or (d) Inducing any elector not to vote at the election; or (e) Loitering in the vicinity of or obstructmg the free passage of voters to or from the polling-booth. Any person who contravenes this section shall be liable to a penalty not exceeding twenty pounds. 47. The wearing or displaying in any polling-booth ,of any party Party emblem or badge by any returning officer, presiding' officer, poll emblems not clerk ' or scrutine . er is prohibited. , t o b? worn at pollmg. Any person who ,contravenes this section shall be liable to a booth. penalty not exceeding twenty pounds. . 48. In a divided Area the provisions of these rules shall be Election of read as appJying to elections of members to be held for each division rr:e:r;n?ers in instead of for the Area at large; and the polling for every such dlVlSlOn. election shall be held at one or more polling-places within or for each division appointed as hereinbefore provided.

16298 Sch. Ill. (rr. 49-53). LOCAL AUTHORI1'IES. THIRD SCHEDl:LE. Local Government L4.ct. 1 GEO. VI. No. I, Postal 49. Any elector. who, by reason of ill-health will be unable on yoting polling-day to attend at a polling-place to vote or who believes that :u: ;::;.se of on polling day he will be absent from the Area or division, as the : ~ se:: : 1r~ m case may be, for which he is entitled to vote, may, at any time after Area. the publication of the notice of election and before the day appointed for taking the poll, apply in writing to the returning officer to vote by postal ballot. No such application by a voter who cannot write his or her own name shall be granted. The application must be signed by the applicant with his or her own hand in the presence of and must be declared before and attested by the returning officer or any elector of the same Area for which the applicant is enrolled, or by a justice of the peace, each of whom is hereby authorised to take such declaration. Application 50. The application shall be in the following form or to the like for postal effect :_ ballot-paper # in ca!>e of To the Returning Officer, City [Town or Shire] of- sickness or I [here state name in full, place of residence, and occupation], do hereby declare absence from as follows, that is to say:- Area. (i.) I am an Elector for the Area [or Division No. ] of the City [Town or Shire] of , and am now entitled to vote. (ii.) I [here state the grounds on which the application is based], and therefore make this application to entitle me to vote by postal ballot. (iii.) I request the necessary postal ballot-paper be forwarded to me at the above address. Elector. Signed in my presence and declared before me at this day of , 19 Witness- Elector of the same Area [or Justice of the Peace or Returning Officer.] Candidates 51. No person who is a candidate at the election or the agent or a~ ent not of such person shall be competent to witness any such application. to WItness application. Penalty 52. Any person who makes in any such application any statement which in any material particular is to his or her knowledge false, and any person who witnesses any such application containing any statement which in any material particular is to his or her knowledge false, or who, not being a competent witness, witnesses any application for a postal ballot-paper, shall be liable to a penalty not exceeding fifty pounds. Duty of returning officer. 53. Upon receipt of an application and after the day of nomination the returning officer, if satisfied that the applicant is entitled to vote, shall forthwith transmit by post to such applicant a printed ballot-paper. The envelopes containing the ballot-papers so posted by the returning officer shall be endorsed with the words "Postal Ballot- paper, City [Town or Shire] of " The ballot-paper for each Area or division, as the case may be, shall contain the names in full in alphabetical order, of all the candida,tes nominated for such Area or division, respectively, and shall 1;)", initialled by the returning officer.

'1 I I LOCAL AUTHORITIES. Sch. Ill. (rr. 54-59). ----- ~ ~ ~~ ~ ~~ - - - ~ - ~ - ~ - - - -~- --- -~~ -- - -~ - -- ~ - 1936. Local Government Act. 16299 THIRD SCHEDGLE. The returning officer shall keep a list of all applications for postal ballot-papers, and also of the names of all electcj,rs to whom such ballot-papers have been sent. If there is time conveniently to do so, the returning officer shall, on all copies of rolls issued by him for use at the election, make a note against the name of every elector to whom a postal ballot-paper has been issued. If there is not time conveniently to note the facts :aforesaid on the rolls, the returning officer shall immediately advise all presiding officers of such issue in such manner as he thinks fit. 54. The form of the ballot.paper shall be similar to that Form of prescribed in Subdivision Ill. of these rules. ballot·paper. 55. Every ballot.paper so transmitted to a voter shall be Envelope accompanied by an unsealed envelope addressed to the returning officer addressed to at the place of nomination, and endorsed" Postal Ballot·paper, City returning [Town or Shire] of . ," and after vo.ting,· such ballot- ~ ~ ~ : ; ~ ny paper shall be transmItted by post to the returmng officer by the ballot.paper. voter so as to reach the postmaster not later than six o'clock in the afternoon of the day appointed for the taking of the po~ l. 56. At six o'clock in the afternoon on the day appointed for Removal of closing the poll, the returning officer shall demand the ballot·box ballot·box.. from the postmaster, and if required to do so shall give I to the post. master a written receipt for the same, and shall forthwith convey the ballot·box to the place appointed as hereinbefore provided for examining the votes and ascertaining the result of the election. 57. Save as aforesaid, and save as they are inconsistent with Application the foregoing rules numbered forty. eight to fiftY'l'ix, all the of ... provisions of Subdivision Ill. of these rules relating 10 voting by ~ff.d~ tSlOn postal ballot shall, so far as they are applicable, apply to vbtes recorded Schedule in the manner directed by these rules for postal voting in case of Ill. of sickness or absence from the Area or division, as the case may be. Local Authorities SUBDIVISION III. -VOT~G BY POSTAL BALLOT. Acts. 58. When in the case of a Shire a poll is directed to take place Voting by in the mode prescribed in this Subdivision of these rules, the postal ballot. following provisions shall have effect in lieu of the provisions herein. before prescribed relating to voting by ballot. 59. The returning officer shall forthwith after the day of Ballot.paper nomination transmit by post to every voter entitled to vote at sent b.y the election a printed ballot-paper, and shall also on tlIe voters' roll returnmg in force make a mark against the name of ev~ ry voter to whom he ~ ! ~; r; ~ ter. has posted a ballot.paper. Such roll is heremafter referred to as the" marked Voters' Roll." The envelopes containing the ballot.papers so posted by the returning officer shall be endorsed with the words "Ballot·paper, Shire of " Every ballot.paper shall contain the names in full in alpha. betical order, of all the candidates for the Shire or diVISIon, as the case may be, and shall be initialled by the returning offl.cer. The ballot-paper shall be so printed and prepared that the voter may effectually conceal the name of the person for whom he has voted. '

16300 Sch. Ill. (r.59). THIRD SCHEDULE. LOCAL AUTHORITIES. Local Government Act. 1 GEO. VI. No. 1, The ballot-papers for the election of chairman and members shall be in the following form, respectively, or to the like effect, that is to say: 1--- I A i ---------!- Gummed edge. Perforation. How to Yote. (In the case of the Election of Mayor or Chairman.) Mark your vote by placing the figure 1 in the sqnare opposite the name of the Candidate for whom you desire to vote. In the case of the election of Mayor or Chairman, where there are more than two CandidateA, you may also give a Contingent Vote or Votes by writing the figures 2, 3, &0., in the sqnare or squares opposite the name or names of the Candidate or Candidates other than the Candidate for whom you vote in the first instance. (In the case of Election of Members) ELECTION OF .......................... .................._ ME~ . mERs. [here insert number, as the case may be.] Mark your vote by placing in the squares respectively opposite the names of at least [here insert the number which represents the number oJ Members to be elected] Candidates the figures 1, 2, 3, 4, and so on up to and inclusive of the number [here insert the number which represents the number of .Uembers to be elected]. Gum the top and sides of the papcr down so that the letters AA and BB in thc corners meet, and after doinu so, get your signature witnessed by some other Elector of the same Shire, a Justice of the Peace, or the Returning Officer. Then place the paper in the accompanying envelope, which is addressed to the Returning Officer and endorsed" Ballot-paper" ; close up the envelope, and post it at the Post Office. A.B. (intitials of Retttrninq Officer.) Fold paper here. Election of Mayor or Chairman. o BROWN, John o GREEN, Charles ELECTION I i I ................__ ..;.... A I Election of Members. OF........................................................ .............................................. MEMBERS. [here insert nltmber, as the case may be.] o BROWS, Johu o GREES, Charles o SMITH, Abel o WILLIAMS, George Perforation. B B Perforati.on. Shire of [Division No. I· of am an Elector of this Shire [or Division], aud am entitled to vote at the election Oft' ir~ '!be:n or [as the case may be] of the Council, which is to take place at t closes on the day of and , 19 I have not already voted at this Election. I make this solemn declaration conscientiously believing the same to be true, and subject to the penalties contained in .. The Local G01'ermnent Act of 1936." Signature of Witness. Signature of Elector. be) J. E § lector . of the same Shire [or Justice of the Peace, or R,eturniug Officer (as the ClISe may • Christian name and surname in full. t State place of nomination. t Insert number of members to be elected. § Witness to state.

1936. LOCAL AUTHORITIES. Local Government Act. Sch.l. (rr.60.63). 16301 THIRD SCHEDULE. 60, Every ballot-paper so transmitted to a voter Stall be accom- Envelope panied by a:q. unsealed envelope addressed to the re urning officer addres~ ed to at the place of. nomination and endorsed, "Ballot-p per, Shire of reffiturrung • " , 0 cer. 61. In printing ballot-papers, regard shall be had t<\ the following M?de. of l'ules that is to say ,_ l' ' b : a l l optrm- tmg (i.) The paper used for ballot-papers shall be of ~ uch thickness papers. as when folded will conceal the names of the candidates and the manner in which a voter has voted ; (ii.) The surname and the first letter of each christian name of every candidate shall be printed in plain ~apital letters of not smaller than pica type ; (iii.) The name of one candidate only shall be printed in one line; : (iv.) On each side of every such line there sha~ lie a blank. space of not less than one-quarter of an inch; (v.) Reasonable space shall be left for the sigIlLature of the voter, and of the witness to the voter's de~ laration, and for the statement of the witness that he is, an elector of the tlame Shire, a justice of the peace, or ret"\ll'ning officer, as the case may require; , (vi.) If two candidates have the same surname /tnd christian name, the residence and occupation of each s~ ch candidate shall be added to his name. ' 62. Before posting the ballot-papers the returning officer shall Papers to be cause the form of declaration on each ballot-paper t~ be filled in filled up. with- (i.) The name of the Shire or division, as the caseimay be; (ii.) The christian name and surname in full, When known, of the voter ; (iii.) The place of residence of the voter: (iv.) The place of nomination; (v.) The number of members to be elected; and (vi.) The date on which the poll will close. I 63. If a candidate desires to retire from his ca$didature he Candidate may, before the ballot-papers are posted, sign and d~liver to the may retire. returning officer, or to the clerk, who shall forthwith deliver it to the returning officer, a notice in the following form, or to the like effect : - I (A.B.) do hereby retire from being a Candidate for Ejlection to the ensum. g Elec t' IOn 0 f MCheamirbmerasn [ as t h e case may b e ] " !or t h e S1 m . . ~ ' ' ~ e ( or d w '" t8wn) of the Shire] of Dated this day of , l~ Witness: C.D. (Signedi) A.B. The returning officer, on receipt of such notice, shall tnake known as publicly as possible, by advertisement in some nbwspaper or if: otherwise, the fact of the candidate's retirement, and, the number

163'02 Sch. Ill. (rr.64-65). LOCAL AUTHORITIES. THIRD SCHEDULE, Looal Government Act. 1 GEO. VI. No. 1, of candidates is by his retirement reduced to the number of persons to be elected at the election, shall, as soon as conveniently may be, declare the remaining candidate or candidates to be duly elected, and, if the number is not so reduced, shall omit or erase the name of the candidate so retiring from the ballot-papers. Ballot-box at nearest post office. 64. After posting the ballot-papers, the returning officer shall provide a locked ballot-box with a cleft or opening therein capable of receiving the ballot-papers, and he shalf forthwith place such ballot-box in charge of the postmaster at the post office nearest to the place of nomination, but shall himself retain the key thereof. Ballot-paper 65. (1.) The voter shall mark the ballot-paper in the mode posted. to prescribed by rule thirty-nine, and fold up and gum together the ~urnmg parts thereof as indicated thereon, and shall then sign such paper in o cer. the presence of some other elector of the same Shire, or a justice, or the returning officer. He shall then place the ballot-paper in an envelope addressed to the returning officer at the place of nomina- tion, and endorsed "Ballot-paper, Shire of ," and shall close the envelope and transmit the same by post. Returning (2.) The returning officer may, at the request of a voter, mark officer may the ballot-paper for him, but the returning officer shall not personally assist voter. ~ eceive any vote except through the post, as hereinbefore provided. Marksman.. (3.) The signature or mark of a voter who cannot write, or who cannot write the characters of the English language, must be attested by a justice or the returning officer. (4.) No person who cannot write, or who cannot write the characters of the English language, shall be competent to attest the signature of a voter. Candidate (5.) No candidate or the agent of a candidate at the election or his agent or postmaster or receiving officer of the post office shall attest the ~ ot to attest signature of a voter to a ballot-paper for use in the election; every sIgnatures. such person who so witnesses a signature shall be liable to a penalty not exceeding fifty pounds, but the vote shall not be thereby invalidated. Can~ idate (6.) No candidate or agent of a candidate shall receive or take norothItSo acgoellenct t any ballot-paper or envelope containing a ballot-paper from a ' voter. ballot· papers. Penalty. Any such person who so takes or receives a ballot-paper or envelope containing a ballot-paper from a voter shall be liable to a penalty not exceeding fifty pounds, and the election of a candidate who or whose agent so takes or receives a ballot-paper or envelope containing a ballot-paper shall be void. Duplicate (7.) At any time before three o'clock in the afternoon of the cibnaaslceloes. rt-tapianper ardenatyyurnvnioentxgetr opwfrfhiecoceesredimnogariygtihniseasludebaayallosate- ppcpoaopniednrteohdrasdfoumrpilsicccloaastreirniegbdatlohloret- hppaaospllebrethetoen destroyed: Provided that the voter shall first make a declaration before a justice or the returning officer that he has not received the original ballot-paper, or that it has been destroyed, and that he has not already voted at the election.

1936. SCb.lJ. LOCAL AUTHORITIES. (rr. 66·68). Local Government Act. 16303 THIRD SCHEDULE. (8.) The postmaster shall deposit in the ballot-box referred to Duty of in rule sixty-four of these rules every post letter ad<Itessed to the postmaster. returning officer and endorsed" Ballot-paper, Shire of ' " which is received through the post at his office betwe$ the day of nomination and one o'clock in the afternoon of the dfY appointed for closing the poll. I All' envelopes containing ballot-papers which I have beEm irregularly posted and which the returning officer has on! that account refused to accept, and all envelopes containing ballot-papers which have been posted or received through the post after th~ hour of one o'clock aforesaid, shall be endorsed to that effect by thp postmaster, and be forthwith sent by him to the Dead Letter Depattment of the Post Office, where they shall be opened and returned to ~ he senders. I 66. For the purposes of every election, the retl\rrning officer Place,for. shall appoint a place at which the votes shall be examined and the e~ ammatlOn result of the election ascertained. No house or plaQe licensed or 0 votes. registered for the sale of fermented or spirituous liq~ ors shall be appointed as the place for such examination and ascer~ainment. 67. At one o'clock in the afternoon on the day ~ ppointed for Removal of closing the poll, the returning officer shall demand. the ballot- ballot-box. box from the postmaster and, if required to do so, shaill give to the postmaster a written receipt for the same, and shall for1jhwith convey the ballot-box to the place appointed as hereinbefore I provided for examining the votes and ascertaining the result of the i:llection. 6S. The returning officer shall, then and there, inl the presence Scrutiny of of his poll clerk, if any, and of such of the scrutineers a" may attend votes all;d but not of any candidate- declll,ratlOn. (i.) Examine and count the number of votes! received for each candidate, observing with respect toi each ballot- paper the following directions :-He shaU first mark off the voters' name upon the marked: voters' roll. He shall then examine the declaration arid attestation attached to the ballot-paper, and if they ar!/l reg"!llar shall mark the part containing the same and also the other part of the ballot-paper with the same number, ~ eginning with the number 1 for the first vote dealt with, 2 for the next, and so on, in regular numerical order for: all the votes allowed by him. He shall then separate tl1e declaration and attestation from the other part of the baJiIot-paper, and deposit such declaration and attestation iQ, a ·receptacle provilled for the purpose, and also fort~ with deposit the other part in a locked ballot-box. I1 the declara- tion and attestation are not regular, he sl).all reject the ballot-paper without separating it into parps or marking any numbers thereon. When all the ballqt-papers have been dealt with in manner aforesaid he s~all open such ballot-box, and shall open out the parts of the ballot- papers deposited therein by tearing off ~ he perforated gummed edges, and then proceed to examtne and count the number of votes received for each candidate;

16304 Sch. Ill. (rr. 69-70). LOCAL AUTHORI'l'IES. THIRD SCHEDcLE. Loca~ Government Act. 1 GEO. VI. No. 1, (ii.) Make out a written statement, ,signed by himself and countersigned by the poll clerk, if any, and by any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes received for each candidate so counted as aforesaid. Informal and imperfect votes. At the time of opening the ballot·box the returning officer shall produce for the information of the scrutineers the marked voters' roll. The number marked by the returning officer upon a ballot- paper, and being identical with the number marked by him on the attestation and declaration, shall at a scrutiny be conclusive evidence' of the vote of the person making such declaration. 69. (1.) At the examination of the ballot.papers every ballot- paper which- (i.) Does not bear the initials of the returning officer; or (ii.) Is not signed by the voter and attested in the manner prescribed by this Act; or (iii.) Is manifestly irregular; or (iv.) ~ s signed by any person other than a qualified voter; or (v.) Has no vote indicated on it, or has fewer consecutive figures commencing with the figure 1 in the squares than the number of candidates to be elected; or (vi.) Is so imperfectly executed that the intention of the voter cannot with certainty be ascertained, shall be rejected: Provided that in any case where there is only one candidate required to be elected, any ballot-paper which has a cross only in the square opposite the name of anyone candidate and has no figure 1 in any square or no mark or writing thereon as hereinbefore provided shall not be rejected: Provided further, that any ballot-paper which has more con- secutive figures commencing with the figure 1 in the squares than the number of candidates required to be elected shall not be rejected for that reason alone: Ballot. (2.) Provided that no ballot-paper shall be rejected merely paper when because of some informality, or alleged informality, in the manner not to be in which it has been dealt with by the elector or presiding officer if rejected. it is regular in other respects, and if, in the opinion of the returning officer, the intention of the elector in voting is clearly apparent. (3.) Nothing in this section contained shall be deemed to affect the jurisdiction of the Supreme Court or a judge thereof with respect to elections. Elections divisions. 70. In a divided Shire, the foregoing provisions of these rules relating to voting by postal.ballot shall be read as applying to elections of members to be held for each division instead of for the Shire at large.

I 1936. LOCAL AUTHORITIES. Local Government Act. I Sch. I~ I. (rr.71-75). 16305 THIRD SCHEDuLE. SUBDIVISION IV.-RuLES FOR SECURING ABSOLUTE MAJORITY OF VOTES. 71. The provisions of the rules of this Subdivision ~V. shall only Application .apply in respect of the election for the office of chairman! of an Area. of rul.es of this Subdivision IV. 72. In the succeeding rules the term " absolut~ majority of Meaning of votes" means a number of votes greater than one·half Of the number absolute {)f all the electors who vote at an election, exclusive of ~ lectors whose majority ballot-papers are rejected, but the casting.vote of the retiurning officer, of votes. when, given, sha11 be included in reckoning an absolu~ e majority of votes. 73. When a poll is taken at an election a candidate for election Members as chairman shall not, except as hereinafter provided,: be elected as must obtain chairman unless he receive.s an absolute majority of vot;es. m ab a s? jo l r ~ i t t e y of votes polled. 74. In any case where there are more than two ~ andidat, es for Electors the election of chairman, an elector may, if he thinks :fj.t, indicate on may give his ballot-paper in respect of such election for chairma1f1 the name or contingent names of any candidate or candidates for whom he dobs not vote in votes. the first instance, but for whom he desires his vote elr votes to be counted in the event of any candidate for whom he votes in the first instance not receiving an absolute majority of votes:; and, if he indicates more than one such candidate, may indicat~ the order in which he desires that his vote or votes shall be counted!. for any such candidate or candidates. Such indication shall be made by writing the figur~ s '2, 3, or any subsequent number opposite to the name or names of th~ candidate or candidates for whom he does not vote in the first instance, but for whom he desires his vote to be so counted, and the order indicated by such numbers shall be taken to be the prder in which he desires his vote to be so counted: Provided always, that no mere irregularity or error in writing such figures shall invalidate the vote or votes given by an elector in favour of any candidate or candidates in the first inst,ance if the ballot-paper of such elector is otherwise in order. 75. If in respect of the election of chairman of an Area there is C t' f no candidate who receives an absolute majority of votes, all the v~ ; : ~ ~ ; 0 candidates except those two who receive the greatest number of votes election of shall be deemed defeated candidates. mayor or chairman. The vote of everv elector who has voted for a defeated candidate shall he counted for that one, if any, of the remaining two candidates for whom he has indicated in the mamlCr aforesaid that he desires his vote to be counted. The vote so counted for such remaining candidates shall be added to the votes originally given for them, and~ the candidate who receive the greatest number of votes, including the votes so counted, if any, shall be elected.

16306 LOCAL AUTHORITIES-LOCAL BODIES'LOANS. THmD SCHEDULE. Local Bodies' Loans Gttarantee, Etc., Act. 1 EDw. VIII. No. 28, Casting vote. 'i6. Where two or more candidates, neither of whom is elected, receives an equal number of votes in the first instance, for the purpose of determining who shall be deemed the defeated candidate or candidates; the returning officer shall decide by his casting vote which of them has or have the greatest number of votes. Ballot-paper 'i'i.If an elector makes a cross opposite to the name of a. not to be candidate for whom he votes in the first instance the ballot-paper rejec~ d for shall not be rejected for that reason only. certam informalities. LOCAL BODIES' LOANS. 1 'E N DW o. . 2 V 8. III. An Act to Amend "The Local Bodies' Loans THE LOCAL Guarantee Act of 1923" and Other BODIES' LOANS Acts in certain particulars. GUARANTEE ACT AND AUDIT ACTS [ASSENTED TO 11TH DECEMBER, 1936.] AMENDMENT ACT OF 1936. 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:- PART I.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. This Act may be cited as "The Local Bodies' and . Loans Guarantee Act and Audit Acts Amendment Act of construction 1936" ' of Act. • Parts of Act. 2. This Act shall be divided into Parts, as follows : - PART I.-PRELIMINARY; PAR,]' n.-AMENDMENTS OF *" THE LOOAL BODIES' LOANS GUARANTEE ACT OF 1923" ; PART IIl.-AMENDMENT OF THE AUDIT ACTS. * 14 Geo. V. No. 8, supra, page 10693.