Local Government Acts Amendment Act of 1967 (No. 2) (Qld)

531 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1967 An Act to Amend "The Local Government Acts, 1936 to 1967," in certain particulars [ASSENTED TO 22ND DECEMBER, 1967] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title. This Act may be cited as " The Local Government Acts Amendment Act of 1967 (No. 2)." (2) Principal Act. " The Local Government Acts, 1936 to 1967," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Local Government Acts, 1936 to 1967." 2. Amendment of s. 5 (1). Subsection (1) of section five of the Principal Act is amended by omitting in paragraph (ii) the proviso last appearing (being the proviso commencing with the words " Provided further, that the Governor in Council ") and inserting in its stead the following subparagraph:- " The Governor in Council by Proclamation may constitute a Town or a Shire to be a City ".

532 Local Government Acts AmendmentAct (No. 2) of 1967, No. 51 3. Amendment of s. 24 (1). Subsection (1) of section twenty-four of the Principal Act is amended by in paragraph (iv) inserting after the words " in a State Forest ", where those words appear twice, the words " or a National Park or a Scenic Area ". 4. Amendments of s. 26 . Section twenty-six of the Principal Act is amended by- (a) in subsection (2)- (i) inserting after the words " The clerk " the words " or any other officer of the Local Authority thereunto authorised as prescribed by this subsection "; (ii) adding the following paragraph:- " The power of the Governor in Council to make regulations under this Act on the recommendation of the Auditor-General includes power to make regulations authorising any officer or officers of the Local Authority other than the clerk to amend any rate book as prescribed by this subsection."; and' (b) in subsection (3) omitting the words " unless the same is initialled by the clerk " and inserting in their stead the words " unless the same is made by the clerk or by another officer of the Local Authority thereunto authorised as prescribed by subsection (2) of this section and is initialled by him ". 5. Amendment of s. 27 (8). Subsection (8) of section twenty-seven of the Principal Act is amended by omitting paragraph (ii) and inserting in its stead the following paragraph:- " (ii) Notwithstanding the provisions of section two hundred and thirty-eight of " The Land Acts, 1962 to 1967," when the lease or license of any holding under and within the meaning of those Acts expires or is forfeited or wholly or partly surrendered, any moneys which are received by the Crown from an incoming selector, lessee, licensee, or purchaser in respect of improvements upon the holding may, to the extent thereof after deducting therefrom any moneys due and payable to the Crown, be applied by the Crown in or towards satisfying the amount, if any, of rates and interest thereon due and in arrears in respect of the holding and payment may be made by the Crown to the Local Authority accordingly and, in such case, the balance only, if any, remaining after such payment shall be payable by the Crown to the late selector, lessee or licensee." 6. Amendment of s. 28. Section twenty-eight of the Principal Act is amended by adding the following subsection:- (15) Sinking Funds . (a) For the purposes of administering sinking funds (including every such fund established before as well as every such fund established after the date of the passing of " The Local Government Acts Amendment Act of 1967 (No. 2)") for the liquidation of sums borrowed by Local Authorities, the persons for the time being respectively holding the offices of Under Treasurer (who shall be Chairman), Auditor-General, and Director of Local Government for the State of Queensland (in this subsection referred to as " the Trustees ") shall be and shall be deemed to have always been a body corporate, with the name of the " Trustees of the Local Authorities Debt Redemption Fund," and by that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued.

Local Government Acts Amendment Act (No. 2) of 1967, No. 51 533 The Trustees shall not for any purposes represent the Crown. (b) Any two of the aforementioned persons present at any meeting of the Trustees shall constitute a quorum. (c) The Trustees may establish one common investment account (herein referred to as the " Common Investment Account ") in respect of all moneys borrowed for which a sinking fund is created in terms of this Act before or after the enactment of this subsection. (d) (i) The Common Investment Account shall be credited with all receipts in the form of contributions required to be made by borrowers, all income arising from investment of such contributions and the proceeds of the sale, redemption, and maturity of investments, and the investment and income arising therefrom of all contributions of all remaining existing funds established by Order in Council prior to the passing of " The Local Government Acts Amendment Act of 1967 (No. 2)." (ii) Any profits or losses upon realisation of any investment in the Common Investment Account shall be received or borne (as the case requires) by the income of the Common Investment Account at the time of such realisation. (e) (i) The Trustees may deposit or invest moneys received into the Common Investment Account or any part thereof-- (a) in an appropriate Savings Bank Account; (b) in any securities of, or guaranteed by the Government of, the Commonwealth or the State; and (c) with any authorized approved dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as lender of last resort. (ii) Investments and deposits made from moneys forming part of the Common Investment Account shall not be made on account of or belong to any particular sinking fund but the Trustees shall cause to be kept in the Treasury Department a memorandum account showing at all times the current amount at credit in the Common Investment Account on account of each sinking fund. (.f) (i) The Trustees shall on the due date set down for the redemption of a loan for which a sinking fund has been created in terms of this Act apply from the Common Investment Account the amount accumulated in respect of that sinking fund for the redemption of such loan. (ii) The administration expenses necessarily incurred by the Trustees shall be a charge against the Common Investment Account before the net income of the Common Investment Account is apportioned to the respective sinking funds. (iii) The Trustees may withdraw any of the moneys belonging to the Common Investment Account for any purpose of or relating to the exercise and discharge of their powers, authorities, duties and functions. (iv) The Trustees shall as and when necessary allocate proportionately to the several sinking funds the net income arising from the capital sums received into the Common Investment Account according to each month's minimum balance in each of such sinking funds. (g) (i) Every sinking fund created in the terms of this Act shall be vested in and administered by the Trustees.

534 Local Government Acts AmendmentAct (No. 2) of 1967, No. 51 (ii) As at the date of the passing of " The Local Government Acts Amendment Act of 1967 (No. 2) " the contributions already received on account of existing sinking funds together with income received and accrued to that date shall be recorded as such in each relevant sinking fund. (iii) The Trustees shall record in the respective sinking funds all receipts in the form of contributions which are required to be made with respect to each sinking fund and which have been credited to the Common Investment Account and all allocations from the Common Investment Account in accordance with subparagraph (iv) of paragraph (f) of this subsection so as to disclose the correct credit of each such sinking fund. (iv) The Trustees shall apply the proper sinking fund to the repayment of the loan in respect of which it is established, at its due date, and may from time to time apply the proper sinking fund or any part thereof in redeeming any part of such loan, and shall not apply any part of any sinking fund for any other purpose. (h) The Trustees shall, before the thirtieth day of September in each year, transmit to the Treasurer in respect to each sinking fund a return showing from the inception of the sinking fund until the thirtieth day of June preceding the making of such return, the contributions received and the income allocated to it. (i) If it appears to the Treasurer by such return or otherwise that any Local Authority has failed to comply with the provisions of this Act with respect to any sinking fund, the Treasurer shall, by order, direct that the sum in respect of which default has been made shall be raised by that Local Authority and paid to the Trustees, and any such order may be enforced by the Treasurer in the same manner as in the case of any debt due by a Local Authority to the Treasurer in respect of money borrowed under the provisions of this Act. The Treasurer shall, after deducting the expense of recovery, pay to the Trustees all sums the payment of which has been so enforced by him. (j) The Trustees shall forward each year to the respective Local Authorities a statement showing details of the operation of each sinking fund as at thirtieth day of June of that year. (k) The provisions of this subsection shall have application to every Order in Council made under this Act before the passing of " The Local Government Acts Amendment Act of 1967 (No. 2)," whereunder a Local Authority was authorized to borrow money by the sale of debentures and the terms and conditions for the redemption of the loan were declared to be by payments into a sinking fund." 7. Amendment of s. 31 . Section thirty-one of the Principal Act is amended by omitting provision (1) and inserting in its stead the following provision:- (11)'A by-law may provide for the payment to a member of (a) fees and expenses necessarily incurred in respect of- (i) attendance at meetings and committee meetings of the Local Authority and the making of inspections authorised by the Local Authority; and (ii) attendance at deputations and conferences where such attendance is authorised by the Local Authority; and

LocalGovernmentActsAmendmentAct (No. 2) of 1967, No. 51 535 (b) in the case of a member who is the member, representative of the Local Authority or of a group of Local Authorities in which it is comprised, of a Fire Brigade Board constituted under " The Fire Brigades Acts, 1964 to 1966," fees in respect of attendance as such representative at meetings of such Board. The aggregate of all payments by way of fees mentioned in paragraph (a) of this provision (1) made to any one member shall not in any year exceed six hundred dollars. This provision (1) applies so as not to affect the provisions of this Act relating to the grant of an allowance to the chairman or president." 8. Amendment of s. 32. Section thirty-two of the Principal Act is amended by inserting after subsection (8) the following subsection:- " (8A) The Local Authority may in any year out of the general fund expend money for the purpose of the making, pursuant to " The Civil Defence Acts, 1939 to 1942," of provision for the civil defence of the Area and its inhabitants." 9. Amendment of s. 47 (5). Subsection (5) of section forty-seven of the Principal Act is amended by in subparagraph (viii) of the first paragraph omitting the words " declared benefited pursuant to subsection four of this section by reason of the carrying out of the scheme" and inserting in their stead the words " included in the scheme ".