Local Government Acts Amendment Act of 1941 (5 Geo Vi No. 17) (Qld)

186 LOCAL AUTHORITIES. LocalGovernmentActsAmendmentAct. 5 GEO. VI. No. 17, 5 GEO. VI. No. 17. THE LOCAL GOVERNMENT ACTS AMENDMENT ACT OF 1941. LOCAL AUTHORITIES. An Act to Amend" The Local Government Acts, 1936 to 1940," in certain particulars, and for other purposes. [ASSENTED TO 20TH NOVEMBER, 1941.] Short title and con· struction. Collective title. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Local Government Acts Amendment Act of 1941," and shall be read as one with *" The Local Government Acts, 1936 to 1940," herein referred to as the Principal Act. The Principal Act and this Act may be cited collectively as "The Local Government Acts, 1936 to 1941." Amendment 2. The following paragraph is added to subsection of s. 7 (1). one of section seven of the Principal Act, namely : - Saving as to " Any person, who at the time immediately prior mNaevmabl,er of to hI' S e nI I ' stment, appom . tment, or bem. g ca 11 ed up . l L o ' r ~ ~ Ii; ry, or continuous service with His Majesty's Naval, Military, h~ d; ; ~ ~ ce or Air Forces during the War existing at the passing of as cha~ an t" The Local Government Acts Amendment Act of 1941," ~ ~ ~~ :I r resided in an Area and was chairman or member of a Authority. Local Authority in respect of such Area, shall not, by reason of his absence from such Area or from the State during the period of such service or for a further period of twelve months thereafter, be prejudiced in any way with respect to his office as chairman or member of the Local Authority concerned; and for all purposes of this Act such person shall be deemed to reside in the Area in which he resided immediately prior to his enlist- ment or appointment, or being called up for continuous service. In this paragraph the term "Area" includes the City of Brisbane and the term "Local Authority" includes Brisbane City Council." * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seq. t This Act.

LOCAL AUTHORITIES. 187 1941. LocalGovernmentActsAmendmentAct. 3. (1.) Subject to this section, the valuation of all Provisio? for rateable land in the Shire of Taroom made and returned ~ ~ :Fr~: hg tco the.ICouncil of that ShJre ahnd adoptefd Mby thhe said ! ~ l~ : ;! ~ ~l~ f ounCl on the twentY-l.ourt day 0 arc, one land in the tdheoeumseadndtonibnee thhuendfrreesdh avnadlufaotIr. Otyn- onoef, asllharlaltebaebIaendIanbde aSTdhaoirropeotemodf on in the Shire of Taroom required by subsection two of~e 2~th 941 section four of *" The Local Government Act Amendment arc, 1 • Act of 1940" to be made and completed on or before the thirtieth day of June, one thousand nine hundred and forty-one, and shall be and be deemed to be a fresh valuation under and for the purposes of t" The Local Government Acts, 1936 to 1941," duly made and completed in the year ended on the thirtieth day of June, one thousand nine hundred and forty-one, and shall have operation and effect accordingly. (2.) Every notice of the valuation adopted by the Council of the Shire of Taroom on the twenty-fourth day of March, one thousand nine hundred and forty-one, and of the amount thereof given to the owner of any parcel of land returned in such valuation before the passing of this Act, is hereby revoked. (3.) Every determination or purported determination by the Valuation Court for the Shire of Taroom of any appeal against the valuation of any parcel of land adopted by the Council of the said Shire on the twenty- fourth day of March, one thousand nine hundred and forty-one, is hereby revoked and for the purposes of the succeeding subsections of this section every matter of valuation arising under t" The Local Government Acts, 1936 to 1941," in the Shire of Taroom in relation to the valuation adopted by the Council of the said Shire on the twenty-fourth day of March, one thousand nine hundred and forty-one, shall be deemed never to have been heard and determined by a Valuation Court constituted for the Area of that Shire. (4.) Notices of the valuation adopted by the Council of the Shire of Taroom on the twenty-fourth day of March, one thousand nine hundred and forty-one, shall be given under and in accordance with paragraph (ix.) of subsection one of section twenty-four of t" The Local Government Acts, 1936 to 1941," as soon as may be after the passing of this Act. * 4 G. 6 No. 25. See 1940 Sess. v., p. 17955. t 1 G. 6No. 1 and amending Acts. See v. 5, pp. 826 et seq.

188 LOCAL AUTHORITIES. Local Government Aots Amendment Act. 5 GEO. VI. No. 17, Any person upon whom such notice is served may appeal against the valuation upon giving notice of his intention so to do to the Council of the Shire of Taroom within twenty-eight days after the notice prescribed by this subsection is received by him. (5.) (i.) The Assistant Commissioner of Land Tax shall, notwithstanding any provision of *" The Local Government Acts, 1936 to 1941," constitute the Valuation Court under such last-mentioned Acts for the purpose of hearing and determining every appeal against the valuation of a parcel of land adopted by the Council of the Shire of Taroom on the twenty-fourth day of March, one thousand nine hundred and forty-one, and, as such Valuation Court, shall have jurisdiction to hear and determine all matters of valuation arising under *" The Local Government Acts, 1936 to 1941," in the said Shire in relation to the said valuation. (ii.) The Valuation Court constituted as aforesaid may dispense with any technical rules of evidence and may admit and call for such evidence as in good conscience it thinks to be the best available, whether strictly legal evidence or not, and without limiting the generality of these provisions may, notwithstanding any provision of *" The Local Government Acts, 1936 to 1941," or any other Act or law, receive in and admit as evidence any matter or thing which in the opinion of the court may assist it in the hearing and determining of all matters of valuation pursuant to its jurisdiction under this section. (6.) Notwithstanding any Act or law to the contrary, every decision of the Assistant Commissioner of Land Tax as constituting such Valuation Court shall be final and conclusive and shall not be impeachable for any informality or want of form or be appealed against, reviewed, quashed, or in any way called in question in any court on any account whatsoever: moreover any hearing and/or determination of the Assistant Com- missioner of Land Tax as constituting such Valuation I Court shall not be removable by certiorari, and no writ of prohibition shall be issued and no injunction or mandamus shall be granted by any court in respect of * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et 8eg.

LOCAL AUTHOR.ITIES. 189 1941. Local Government Acts AmendJment Act. or to restrain proceedings before the said Assistant Commissioner of Land Tax as so constituting the Valuation Court concerned. (7.) In the event of any appeal as prescribed by this section against the valuation adopted by the Council of the Shire of Taroom on the twenty-fourth day of March, one thousand nine hundred and forty-one, such valuation shall be deemed to have been completed at the conclusion of the sittings of the Valuation Court constituted under subsection five of this section: Provided that such valuation shall be deemed to have been completed on the said twenty-fourth day of March, one thousand nine hundred and forty-one, if there is no such appeal. (8.) The Council of the Shire of Taroom shall pay out of its General Fund the costs incurred in and with respect to the carrying-out of this section, but so that this subsection shall not authorise the Valuation Court to award professional costs. 4. Any Order in Council extending any period of Ratifica:tion time prescribed by *" The Local Government Acts, 1936 to ~ J: : a: 1941," for the doing or executing by a Local Authority Council. of any act, matter, or thing made or purporting to have been made prior to the passing of this Act under the provisions of *" The Local Government Acts, 1936 to 1941," in force at the date of the making or purported making of such Order in Council, is hereby ratified and confirmed and shall be and be deemed to have always been a valid Order in Council. Moreover it is hereby declared that the Governor in Council has, and always had, power and authority to extend from time to time by Order in Council any period of time prescribed by *" The Local Government Acts, 1936 to 1941," for the doing or executing of any act, matter, or thing by any Local Authority and for that purpose to amend or modify any such Order in Council by a further Order in Council. * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seq. ~ OCAL GOVERNMENT. See LOCAL AUTHORITIES.