Local Government Acts Amendment Act of 1955 (4 Eliz Ii No. 45) (Qld)

LOCAL AUTHORITIES. 4 E liz . II. No. I, 1955. Local Government, Harbour Boards, Etc., Act. LOCAL GOVERNMENT AND HARBOUR BOARDS (TRIENNIAL ELECTIONS). See L ocal A uthorities . 333 LOCAL AUTHORITIES. (1) Local Government and Harbour Boards (Triennial Elections) Act of 1955 .. .. 4 Eliz. II. No. 1 (2) Local Government Acts Amendment Act of 1954 3 Eliz. II. No. 28 An Act Relating to certain Elections required under 4 n- "The Local Government Acts, 1936 to 1954,” and “The Harbour Boards Acts, 1892 to BOAEDS°UR 1952,” to be holden on the Thirtieth day of E lection ^ April, one thousand nine hundred and 19T55°F fifty-five. [A ssented to 25 th M arch , 1955.] 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 title. Government and Harbour Boards (Triennial Elections) Act of 1955.” (2.) This Act shall be read as one with *“ The Local Construo- Government Acts, 1936 to 1954,” save the provisionstl0n' hereof relating to elections under j-“ The Harbour Boards Acts, 1892 to 1952,” which shall be read as one with those lastmentioned Acts. 2. (1.) If, in respect of the triennial election Local prescribed by *“ The Local Government Acts, 1936 Collections7 1954,” to be held in any Area on Saturday, the thirtieth day of April, one thousand nine hundred and fifty-five, the Governor in Council is satisfied— (a) That any person qualified to be nominated as a candidate for the office of chairman or member of the Local Authority for that * 1 G. 6 No. 1 and amending Acts, f 56 V. No. 26 and amending Acts.

334 LOCAL AUTHORITIES. Local Government, Harbour Boards, Etc., Act. 4 E liz . II. No. 1, Area and to be elected to that office, and desirous of being so nominated, has been or is likely to be prevented from being so nominated by flood or after effects thereof; or (b) That a substantial number of electors will be or will be likely to be prevented from voting by flood or after effects thereof, the Governor in Council may, by Order in Council published in the Gazette — (i.) Fix a day (being a Saturday) other than the thirtieth day of April, one thousand nine hundred and fifty-five, for holding in the Area in question the triennial election to be holden therein in that year ; and (ii.) Direct to be had and taken anew so much of the proceedings in connection with that triennial election (and give with respect thereto all such other directions) as he shall deem necessary or expedient in the circumstances. (2.) The Governor in Council may exercise his powers under this section in relation to the election of— (a) The chairman and members ; or (b) The chairman only ; or (c) The members only, and where a Shire is divided into divisions, whether for the purposes of Part IV. only of *“ The Local Government Acts, 1936 to 1954,” or not, in respect of the whole Area or any one or more of the divisions thereof. In so exercising his powers in respect of a division he may do so in relation to the election of— (a) The chairman and the members representing that division ; (b) The chairman only ; or (c) The members representing that division only. (3.) To the extent necessary to give operation and effect to this section and to any Order in Council made under this section, every relevant provision of *“ The Local Government Acts, 1936 to 1954,” shall apply subject to that Order in Council. * 1 G. 6 No. 1 and amending Acts.

1955. LOCAL AUTHORITIES. Local Government, Harbour Boards, Etc., Act. 335 3. (1.) If, in respect of an Area, or one or more Harbour divisions of an Area, or part or parts of an Area, the eiwtkms. electors whereof elect or join in the election in every third year of a member or members of a Harbour Board in the District whereof that Area, or division or divisions, or part or parts is or are comprised, the Governor in Council is, in respect of the election prescribed by *“ The Harbour Boards Acts, 1892 to 1952,” to be held in that Area, or division or divisions, or part or parts, on Saturday, the thirtieth day of April, one thousand nine hundred and fifty-five, satisfied— (a) That any person qualified to be nominated as a candidate for the office of member of that Harbour Board representing that Area, or division or divisions, or part or parts, and to be elected to that office, and desirous of being so nominated, has been Or is likely to be prevented from being so nominated by flood or after effects thereof; or ( b ) That a substantial number of electors will be or will be likely to be prevented from voting by flood or after effects thereof, the Governor in Council may, by Order in Council published in the Gazette ,— (i.) Fix a day (being a Saturday) other than the thirtieth day of April, one thousand nine hundred and fifty-five for holding in the Area, or division or divisions, or part or parts in question the election to be holden therein in that year; and (ii.) Direct to be had and taken anew so much of the proceedings in connection with that election (and give with respect thereto all such other directions) as he shall deem necessary or expedient in the circumstances. (2.) To the extent necessary to give operation and effect to this section and to any Order in Council made under this section every relevant provision of *“ The Harbour Boards Acts, 1892 to 1952,” and of any Special Act within the meaning of those Acts shall apply subject to that Order in Council. * 56 V. No. 26 and amending Acts.

336 LOCAL AUTHORITIES. Local Government, Harbour Boards, Etc., Act. 4 E liz . II. No. 1,1955. Subsisting 4 . A direction by Order in Council under this Act nommatlons-requiring or enabling candidates at the election in question to be nominated anew shall not prejudice or affect any nomination made before the date of the publication in the Gazette of that Order in Council and so made in accordance with the law applicable to the making thereof when made : Provided that— (a) No candidate so nominated shall be or be deemed to be duly elected for that the number of persons nominated as candidates in accordance with the law applicable with respect to his and their nominations when made did not exceed the number to be elected; and ( h) The time within which a candidate so nominated may retire from his candidature shall be counted from noon on the day appointed anew for nomination. Orders in Council. 5. The power of the Governor in Council to make under this Act an Order in Council shall include power to make, either at one and the same time or from time to time, such number of Orders in Council as he deems necessary or convenient. Any t uch Order in Council may be made in substitution for any other such Order in Council, and any such Order in Council may be rescinded, amended, altered, or otherwise modified by another such Order in Council.