Local Government Acts Amendment Act of 1954 (3 Eliz Ii No. 28) (Qld)

LOCAL AUTHORITIES. 3 E liz . II. No. 28, 1954. Local Government Acts, Etc., Act. 337 An Act to Amend “ The Local Government Acts, 3 lo.1^11' 1936 to 1953,” incertain particulars. * jl [A ssented to 11 th O ctober , 1954.] 60 ™^™ A cts A mendment Ai954OF B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Local Short tit,e- Government Acts Amendment Act of 1954.” (2.) *“ The Local Government Acts, 1936 to 1953,” ^ncipal are in this Act referred to as the Principal Act. c‘ (3.) The Principal Act and this Act may collectively Collective be cited as “ The Local Government Acts, 1936 to 1954.” 16 e‘ amen 2 dedS— ection fifty-two of the Principal Act is Aofms.en5d2m. ents (i.) By repealing in subparagraphs ( b), (c), and (d) of paragraph (i.) of subsection three thereof the words “ usual or last known place of abode ” and by inserting, in lieu of those repealed words, the words “ address for service ” ; (ii.) By adding to paragraph (i.) of subsection three thereof the following subparagraph :— “ For the purposes of this paragraph (i.), the term “ address for service ” used in relation to any person means any of the following, namely :—His usual or last known place of abode or business, or the address in Queensland for service last notified for the purpose by him to the Local Authority by separate written advice, or his registered office under or for the purposes of any Act which requires him to have a registered office.” ; (iii.) By repealing paragraph (ii.) of subsection ten thereof; (iv.) By renumbering subsection eleven thereof paragraph (i.) of subsection eleven, by repealing in that paragraph as so renumbered all words commencing with * 1 G. 6 No. 1 and amending Acts.

338 LOCAL AUTHORITIES. Local Government Acts, Etc., Act. 3 E liz .II. N o . 28, and including the words “ exceeding the amount following, that is to say —”, and by inserting, in lieu of those repealed words, the following words and paragraphs— “ exceeding an amount calculated as follows — (a) If the personal injury results in death or in permanent disablement—Subject to paragraph (ii.) of this subsection, the sum of two thousand five hundred pounds plus the sum of seventy-five pounds for each and every child and stepchild, if any, of the person injured, under sixteen years of age who was totally or mainly dependent upon his earnings ; (b) If the personal injury results in temporary disablement—The sum of one thousand two hundred and fifty pounds plus the sum of thirty-seven pounds ten shillings for each and every child and stepchild as aforesaid : Provided that in any such action, if the personal injury, whether resulting in death or in permanent disablement or in temporary disablement, has been caused by, through, or in connection with a motor vehicle, within the meaning of *“ The Motor Vehicles Insurance Acts, 1936 to 1945,” insured in favour of the Local Authority under those Acts, there shall be no limitation of the amount of money for which the court may find or assess or for which judgment may be given or entered as aforesaid. (ii.) Whenever, pursuant to paragraph (i.) of provision (A) of subsection one of section fourteen of f“ The Workers ’ Compensation Acts, 1916 to 1954 ” (or any enactment in amendment or substitution thereof),— (a) The sum payable as compensation, in the case of an injury to a worker resulting in death (if the worker leaves any dependants wholly dependent upon his earnings at the time of his death), exceeds the sum of two thousand five hundred pounds (without taking into account any additional sum payable as compensation in respect of each child and stepchild of the worker); or * 1 E. 8 No. 31 and amending Acts, t 6 G. 5 No. 35 and amending Acts.

LOCAL AUTHORITIES. 1954. Local Government Acts, Etc., Act. (b) The additional sum payable as compensation in respect of each child and stepchild of the worker under sixteen years of age who was totally or mainly dependent upon the earnings of the worker, in the case of an injury to a worker resulting in death (if theworker leaves a widow wholly dependent upon his earnings at the time of his death), exceeds the sum of seventy-five pounds, then in subparagraph (a) of paragraph (i.) of this subsection there shall be substituted— (c) For the sum of two thousand five hundred pounds that sum payable as compensation referred to in subparagraph (a) of this paragraph (ii.); or ( d) For the sum of seventy-five pounds that additional sum payable as compensation referred to in subparagraph (6) of this paragraph (ii.), as the case may be. (iii.) Without derogating from the provisions of subsection six of section thirty-six of *“ The City of Brisbane Acts, 1924 to 1953,” every reference in subsection ten of this section and in this subsection to the recovery of damages, as specified or referred to by the reference, against a Local Authority shall include a reference to the recovery of those damages against Brisbane City Council (whether such damages are in respect of the exercise or performance or alleged exercise or performance by Brisbane City Council of any power, function, authority, or duty conferred or imposed upon it by *“ The City of Brisbane Acts, 1924 to 1953,” or by any other Act, or arise otherwise).” * 15 G. 5 No. 32 and amending Acts. 339 MAGISTRATES COURTS. See J ustices .