Local Government Acts Amendment Act of 1958 (No. 2) (7 Eliz Ii No. 54) (Qld)

LOCAL AUTHORITIES. 7 E liz . II. No. 54,1958. Local Government, Etc., Act (No. 2). And whereas it is desirable that Parliament should approve those arrangements and that they should continue for the time being: Now therefore the arrangements referred to in the Preamble to this section are hereby approved and shall continue to have and be of force and effect until the Minister terminates the same by notice in writing to the aforesaid Bank. 475 An Act to Amend “ The Local Government Acts, 7 N o .IZ54IL 1936 to 1958,” in certain particulars. A mendment [A ssented to 11 th D ecember , 1958.] A c < nof 21)958 E it enacted by the Queen’s Most Excellent Majesty, B 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 Shorfc titl6. Government Acts Amendment Act of 1958 (No.- 2 ).” (2.) *“ The Local Government Acts, 1936 to 1958,” ^“oipal are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be^eotiv* collectively cited as “ The Local Government Acts, 1936 to 1958.”2 2. Subsection two of section four of the Principal oAfms. en4d(m2)e.nt Act is amended by adding to subparagraph (i.) of the second paragraph thereof the following paragraphs:— “ (h) Regulating and controlling the keeping of accounts and records required under section 19 b of this Act, and ensuring that the same will, in relation to contracts to which that * 1 G. 6 No. 1 and amending Acts.

476 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz . II. No. 54, section applies, be at all times a clear and distinct record of all information and particulars recorded therein; (i) Regulating and controlling the establishment, keeping and closure of the plant maintenance reserve fund and ensuring the proper and efficient use of that fund for the purpose for which it is established.” Amendment 3. Subsection one of section five of the Principal ofs. 5 (1). Act is amended by adding to the first subparagraph of paragraph (ii.) thereof the following paragraph:— “ (j) Divide or redivide a Town into divisions for the purposes of Part IV. only of this Act.” Amendment 4:. Subsection one of section six of the Principal of s. 6 (i). js amen(je(j by inserting, after the first subparagraph of paragraph (i.) thereof, the following subparagraph :— “If the Town is divided into divisions for the purposes of this Part IV. only of this Act, the number of members, excluding the chairman, 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.” Amendment 5. Subsection two of section seven of the Principal ofs.7 (2). Act is amended by repealing the words “two hundred pounds ”, where appearing in paragraph (e) of the first proviso to that subsection two, and inserting, in lieu of those repealed words, the words “ five hundred pounds ”. Amendments 6 . Subsection four of section nineteen of the of s. 19 (4). principa] Act is amended— (a) By repealing the words “ two hundred and fifty pounds ”, where appearing in the first paragraph of that subsection, and inserting, in lieu of those repealed words, the words “five hundred pounds”;

LOCAL AUTHORITIES. 1958. Local Government, Etc., Act (No. 2). (b) By inserting, after the first paragraph of that subsection, the following paragraph:— “ Except in cases of emergency, a Local Authority shall not enter into any contract for the execution of any work or the furnishing of any goods or materials to an amount exceeding two hundred and fifty pounds, but not exceeding five hundred pounds, unless and until the Local Authority has, in such manner and to such extent as will in its opinion ensure the receipt by it of the greatest number, invited and given opportunity for the making of quotations.” ; and (c) By repealing the second paragraph of that subsection and inserting, in lieu of that repealed paragraph, the following paragraphs :— “ The Local Authority may accept the tender or quotation which on a view of all the circumstances appears to it to be the most advantageous, or the Local Authority may decline to accept any of the tenders or quotations. The Local Authority shall take security for the due performance of any contract to an amount exceeding five hundred pounds.” 477 7. The following section is inserted after section New s. 19 b 19 a of the Principal Act:— inserted. “ [iS»B.] (1.) Subject to this section the Lo # cal Authori . ty Authority, may, and is hereby authorised to enter into may contracts with the Crown, or with any Crown corporation c c o o n n t s r t a ru ct ct to or instrumentality or corporation or instrumentality representing the Crown, for the undertaking, constructing, ’ carrying out, or doing by it within its Area of any, or any part of any, works, projects, undertaking, or thing, for or on behalf of the Crown or such a corporation or instrumentality. ( 2 .) The Local Authority is hereby authorised and empowered to do and take all such things and steps as are necessary or convenient to be done or taken by it for the due execution and performance by it of any contract to which this section applies.

478 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz . II. No. 54, (3.) The Local Authority may apply moneys from the general fund for the purposes of any contract to which this section applies. Upon the completion of the contract the profit gained or loss incurred by the Local Authority in respect thereof shall be credited or debited to the general fund and accordingly form part of or be paid out of that fund, as the case requires. ( 4 .) The Local Authority shall keep separate accounts and records, a separate fund, and a separate banking account in respect of contracts to which this section applies. Those accounts and records shall be kept in compliance in every respect with the regulations made under this Act with respect thereto, and in particular so that all information and particulars therein pertaining to any one such contract will be clear and distinct from the like information and particulars pertaining to another such contract. (5.) Paragraph (ii.) of subsection one of section nineteen of this Act shall apply for the purposes of this section. Subsection four of section nineteen and paragraph (ix.) of subsection four of section twenty-five of this Act do not apply to contracts to which this section applies/’8 Amendment* 8. Section twenty-one of the Principal Act is of s. 22. amended— (a) By repealing in subsection one thereof (being that part of that section numbered (1)) all words from and including the words “ Except as hereinafter provided ” to the end thereof; and (b) By inserting, after subsection eight thereof (being that part of that section numbered (8)), the following subsection:— “ (8 a .) Subsections six, seven and eight of this section apply subject to this subsection.

LOCAL AUTHORITIES. 1958. Local Government, Etc., Act (No. 2). The Local Authority may, in respect to any land declared for the time being by the Local Authority, pursuant to subsection ten of section thirty-seven of this Act, to be so situated as not, in its opinion, to be capable of being drained, and which is not used for any purpose whatsoever, resolve not to levy in respect of that land any of the rates and charges specified in subsections six, seven and eight of this section. In the event of the Local Authority revoking the declaration or of the land commencing to be used for any purpose, the Local Authority may in respect of the land in question, levy and recover an amount, proportionate to the period of the year still to run when that event happened, of any of the rates and charges referred to in this subsection made by it in that year.” 479 9. Section twenty-three of the Principal Act is Amendments amended— os.. (a) By repealing paragraph (ii.) of subsection one thereof and inserting, in lieu of that repealed paragraph, the following paragraph:— “ (ii.) The Local Authority may establish a common undertaking fund in respect of two or more water supply undertakings. Save such a common fund, the funds shall be separate and distinct.” ; (b) By adding to the second and last subparagraph of paragraph (ii.) of subsection two thereof the following paragraph:— “ (d) In the discretion of the Local Authority, but subject to regulations, the transfer of moneys to a “plant maintenance reserve fund ” for the purpose of equalising maintenance charges on plant, machinery and equipment against each year.” ; and

480 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz . II. No. 54, (c) By repealing paragraph (iii.) of subsection nine thereof and inserting, in lieu of that repealed paragraph, the following paragraph :— “ (iii.) Any balance, or any part thereof, remaining in any loan fund at its closure shall be paid into and applied for the purpose of such other fund or shall be dealt with in such other manner as may be approved in writing by the Treasurer.” Amendment 10. Subsection one of section twenty-four of the of s. 24 (i). prjncjpai Act is amended — (a) By adding to paragraph (7) of subparagraph (/) of paragraph (i.) thereof the words “ or of any primary or secondary school ” ; and ( b) By adding to paragraph (i.) thereof the following subparagraph— “ (j) Land not exceeding in area fifty acres belonging to the Country Women’s Association of Queensland and used or substantially used for or in connection with a hostel for students of the University of Queensland or of any primary or secondary school.” Amendments H. Section twenty-seven of the Principal Act is of s. 27 (4). amen(Jed--- (a) By repealing the words “ invalid or old-age pension ”, where appearing in paragraph (i.) of subsection four thereof, and inserting, in lieu of those repealed words, the words “ invalid, age or widow’s pension ” ; (b) By repealing the word “ thirty ”, where appearing in the second proviso to paragraph (ii.) of subsection four thereof, and inserting, in lieu of that repealed word, the word “ twenty-one ” ; and (c) By inserting, after subsection seven thereof, the following subsection :— “ (7 a .) Where an owner who is a lessee or licensee from the Crown ceases to occupy any land consequent upon the expiration, surrender or forfeiture of the lease or license, and has no further or other right to occupy the land, and any rate was made, levied and paid before the owner ceased to occupy the land in respect of any period then current, the Local Authority shall refund to the owner an amount of that rate proportionate to the balance still to run of that period.”

LOCAL AUTHORITIES. 481 1958. Local Government, Etc., Act (No. 2). 12. Subsection twenty-four of section thirty-five •Ameadment of the Principal Act is amended by adding thereto the 0 s' following paragraph :— ' “ (iii.) No provision of any other Act and, without limiting the generality of this paragraph, no provision of *“ The Regulation of Sugar Cane Prices Acts, 1915 to 1954,” or of any Order thereunder of the Central Sugar Cane Prices Board shall authorise, or be deemed to authorise, any tramway owner to construct, manage and work a tramway or any part of a tramway in, along, upon, across, under or over any road or bridge, save in compliance in every respect with the requirements of this subsection. This paragraph shall apply to tramways and parts of tramways constructed before as well as on or after the date of its enactment save that it shall not commence to apply to any tramway constructed by an owner of a sugar mill prior to the twenty-fifth day of October, one thousand nine hundred and forty-eight, until one year after the date of its enactment.” 13. Subsection thirteen of section thirty-six of-Ape»*»e“t ;he Principal Act is amended by adding thereto the ° 8‘ ' bllowing paragraphs:— “ The Local Authority may by the aforesa id written iotice or by a separate written notice inform the owner E hat it will execute the work of removing and disposing •f sewage from the covered place. In such case the performance by the Local Authority f that work shall be deemed a service supplied by the ocal Authority and the provisions of this Act relating o the making, levying and recovery of charges for services upplied by the Local Authority in the exercise and erformance of the functions of local government shall pply and extend accordingly. An owner shall not, without the prior permission in writing of the Local Authority, remove or dispose of, or permit or allow a person other than the Local Authority to remove or dispose of, any sewage from any covered place to which this subsection applies at any time after he Local Authority has notified him in writing that it will execute the work of removing and disposing of sewage from that covered place.” * 6 G. 5 No. 5 and amending Acts.

482 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz . II. No. 54, Amendments 14 Section thirty-nine of the Principal Act is °"'39' amended- (a) By repealing the words “ any building which ”, where appearing in paragraph (iii.) of subsection six thereof, and inserting, in lieu of those repealed words, the words “ any structure which in its opinion ” ; (b) By repealing the word “ building ” wherever appearing elsewhere in the said paragraph (iii.) and inserting, in lieu of that repealed word wheresoever repealed, the word “ structure ” ; (c) By adding to the said subsection six the following paragraph:— “ (iv.) If the owner fails to comply with a notice under this subsection within the time specified therein such owner shall be liable to a penalty not exceeding twenty shillings for each day during which his default continues.” ; (d) By inserting, after subsection six of that section, the following subsection :— “ (#A.) Subsections five and six of this section shall apply subject to this subsection. Before serving any notice in accordance with the provisions of subsection five or subsection six of this section, the Local Authority shall give the owner of the structure or building in question an opportunity to show cause why it should not serve the notice. For that purpose the Local Authority shall notify the owner of a day and time (not earlier than thirty days after the service of the notice) and place when and where he may appear before it and show cause as aforesaid : Provided that an owner may, in lieu of appearing before the Local Authority, elect to so show cause in writing and may do so by serving the writing upon the Local Authority at any time before the day and time notified to him as aforesaid.” ; and (e) By repealing subsection ten thereof and inserting, in lieu of that repealed subsection, the following subsection:— “ (10.) The Local Authority may by order authorise a member of the Police Force to remove all persons found by him in any structure which it has resolved, pursuant to its powers in that behalf under this section, to cause to be taken down.

LOCAL AUTHORITIES. 483 1958. Local Government, Etc., Act (No. 2). Such order shall be sufficient authority to any member of the Police Force to enter the structure named therein and its appurtenant land, with such assistants as he shall deem necessary, and to remove therefrom all persons found by him therein.” 15. (1.) Section fifty-two of the Principal Act is Amendments Wended— of 8- 52‘ (а) By repealing subparagraph (a) of paragraph (i.) of subsection ten thereof and inserting, in lieu of that repealed subparagraph, the following subparagraph :— “ (a) In the case of injury to property, notice in writing that injury has been sustained shall be given to the Local Authority within one month, and the action shall be commenced within six months from the date on which the injury was sustained ; ” ; and (б) By repealing paragraphs (i.) and (ii.) of subsection eleven thereof, and inserting, in lieu of those repealed paragraphs, the following paragraph:— “ (i.) Every claim against a Local Authority for damages in respect of personal injury, fatal or non-fatal, incurred on or after the date of the enactment of this paragraph which is brought in the Supreme Court of Queensland shall be heard and determined by a Judge without a jury.” (2.) Subparagraph (a) of paragraph (i.) of subsection Operation ten and paragraphs (i.) and (ii.) of subsection eleven0 seotlon• of section fifty-two of the Principal Act shall, notwithstanding the repeal thereof by this section, be peemed to continue in force with respect to personal injury, fatal or non-fatal, incurred before the date of the enactment of this section.16 16. The Third Schedule to the Principal Act is Amendments amended schedule. (а) By repealing, in the form of nomination appearing in subrule one of rule seven, the words and brackets f‘ [or City or Shire or Division No. of the Shire] ” and inserting, in lieu of those repealed words and brackets, the words and brackets “ [or City or Shire or Division No. of the Town, or City or Shire] ” ; (б) By inserting, before the word “ Shire ” where appearing in paragraph (6) and in paragraph (c) of subrule one of rule 11 a , the words “ Town or ” ;

484 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz . II. No. 54, (c) By repealing the form of ballot-paper appearing in rule fifty-nine and inserting, in lieu of that repealed form, the following form of ballot-paper:— A | . “ Gummed edge. B P erforatum . Gummed edge . Perforation, Gummed edge. Perforation. ELECTION OF CHAIRMAN. Mark your vote by placing the figure 1 in the square opposite the name of the Candidate for whom you desire to vote. □ BROWN, John □ GREEN, Charles ELECTION OF.................................................................................. MEMBERS. [Here insert number, as the ease may be.] Mark your vote by placing in the squares opposite the names of the C here insert the number of candidates to be elected) candidates for whom you desire to vote, the (here insert, where only one candidate is to be elected, the word and figure “ figure 1 ” ; or, if two candidates are to be elected, the words and figures " figures 1 and 2 respectively ” ; or, if three candidates are to be dieted, the words and futures “ figures 1, 2, and 3 respectively ” ; and so on, according to the number of candidates to be elected). Fold paper here. □ BROWN, John □ GREEN, Charles □ SMITH, Abel □ WILLIAMS, George After voting gum the top and sides of the paper down so that the letters AA and BB in the comers meet, and after doing so, sign the form of declaration attached hereto in the presence of a witness who must be some other Elector of the Shire of (here insert name of Shire), a Justice of the Peace, or the Returning Officer. The witness must then attest your signature by signing his name in the appropriate space indicated at the foot of the declaration. 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. (initials of Returning Officer.) Perforation. j A B Perforation . Shire of [Division No. ] I* of ' am an Elector of this Shire or Division], and am entitled to vote at the election of i^emher °r the eaie im'V &eJ of the Council, which is to take place at $ and closes at noon on the day of , 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 Government Acts, 1936 to 1958.” Signature of Elector. f (i.)................................................ Another Elector of the Shire of (here insert name of Shire). Signature of Witness «< (ii.)................................................ Justice of the Peace. „ (iii.)................................................ Returning Officer. If the witness is another elector of the Shire of (here insert name of Shire), he or she should sign in the space numbered (i.); if a Justice of the Peace, in the space numbered (ii.); and if the Returning Officer, in the space numbered (iii.). No candidate or the agent of a candidate at the election or postmaster or receiving officer of the post office can attest the signature (Rule 65 (5)). * Christian name and surname in full. 1 f Insert number of members to be elected. t State place of nomination.”

LOCAL AUTHORITIES. 1958. Local Government, Etc., Act (No. 2). (d) By repealing subrule one of rule sixty-five and inserting, in lieu of that repealed subrule, the following subrule:— “ (I) The voter shall mark the ballot-paper as prescribed by rule thirty-nine, and fold up and gum together the parts thereof as indicated thereon, and shall then sign the form of declaration attached thereto in the presence of a witness who shall be another elector of the same Shire, a justice of the peace, or the returning officer. The witness shall thereupon attest the voter’s signature to the form of declaration by signing his name in the space, appropriate according to his qualification, where indicated thereon. The voter shall then place the ballot-paper in an envelope addressed to the returning officer at the place of nomination, and endorsed “ Ballot-paper, Shire of ............................”, and shall close he envelope and transmit the same by post. ! The form of declaration attached to the ballot-paper shall not >e detached therefrom in the course of the proceedings prescribed by his subrule.” ; [ (e) By repealing rule sixty-eight and inserting, in [ieu of that repealed rule, the following rule:— “ (d<$.) (I) The returning officer shall then and there in the presence of his poll clerk, if any, and of such of the scrutineers as may attend but not of any candidate deal with the ballot-papers as prescribed by this rule. j (2) Without separating the declarations from the other part of t he ballot-papers he shall examine the declaration attached to each ballot-paper and— I (а) Mark off the voter’s name upon the marked voters’ roll; (б) Satisfy himself that the declaration has been made, signed and attested in compliance in every respect with the requirements of the rules contained in this Schedule ; (c) If satisfied as prescribed by paragraph (6) of this subrule, mark the part containing the declaration and also the other part of the ballot-paper with the same number, beginning with the number 1 and continuing so that ballot-papers so marked shall be numbered in regular arithmetical sequence; (d) If not satisfied as prescribed by paragraph (6) of this subrule, reject the ballot-paper and shall not mark any number thereon or separate the same into parts. (3) Forthwith after completing the proceedings prescribed by subrule two of this rule, he shall deal with each ballot-paper numbered by him as prescribed by paragraph (c) of subrule two of this rule as follows:— Firstly, he shall separate the form of declaration from the other part of the ballot-paper. Secondly, he shall deposit the form of declaration so separated in a receptacle provided for the purpose.

486 LOCAL AUTHORITIES. Local Government, Etc., Act (No. 2). 7 E liz II. No. 54,1958. Thirdly, he shall deposit the other part of the ballot-paper in a locked ballot-box. (4) Forthwith after completing the proceedings prescribed by subrule three of this rule, he shall— (a) Secure the receptacle containing the forms of declaration by locking the same and retaining the key; and (b) Subject to first complying with paragraph (a) of this subrule, he shall open the ballot-box and open out the parts of the ballot-papers deposited therein bj tearing off the perforated gummed edges and proceed to examine and count the votes. (5) Forthwith upon completing the proceedings prescribed by the foregoing subrules of this rule, he shall 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 both words and figures, of the votes received by the candidates respectively and of the informal votes.”; and (/) By, in subrule one of rule sixty-nine, repealing subparagraphs (ii.) and (iv.) of the first paragraph thereof. MACHINERY, INSPECTION OF, See L abour . MARGARINE. See A griculture .