Local Government Acts Amendment Act of 1967 (Qld)

143 Qunnslall^ ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1967 An Act to Amend "The Local Government Acts, 1936 to 1966," in certain particulars [ASSENTED TO 28TH SEPTEMBER, 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." (2) Principal Act. "The Local Government Acts, 1936 to 1966," 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."

144 Local Gorer ;anent Acts Amendment Act of 1967, No. 23 2. Amendment of s. 19. ( 1) Section nineteen of the Principal Act is amended by omitting subsection ( 2) and inserting in its stead the following subsection:- (2) (a) Subject to paragraphs (b) and (c) of this subsection a Local Authority may agree to pay for- (i) the purchase of property which it might lawfully make; or (ii) the performance of any work or undertaking which it might lawfully undertake, by instalments extending over a period of time. (h) The Local Authority shall not enter into a contract (in this paragraph (b) called the "firstmentioned contract ") tinder paragraph (a) of this subsection for the purchase of property- (A) (i) if the amount of the payments in any year (whether the year in which the firstmentioned contract is proposed to be entered into or a later year) necessary in respect of the firstmentioned contract; or (ii) (where another contract or other contracts under paragraph (a) of this subsection for the purchase of property is or are subsisting in the year in which the firstmentioned contract is proposed to be entered into and payments from the proper fund are payable in respect of such other contract or such other contracts) if the aggregate of- (1) the amount of the payments in any year (whether the year in which the firstmentioned contract is proposed to be entered into or a later year) necessary in respect of such other contract or such other contracts; and (2) the amount of the payments necessary in that year in respect of the firstmentioned contract, exceeds one per centum of the estimated receipts of the proper fund for the year in which the firstmentioned contract is proposed to be entered into; or (B) (where another contract or other contracts under paragraph (a) of this subsection , whether for the purchase of property or the performance of any work or undertaking , is or are subsisting in the year in which the firstmentioned contract is proposed to be entered into and payments from the proper fund are payable in respect of such other contract or such other contracts) if the aggregate of- (1) the amount of the payments in any year ( whether the year in which the firstmentioned contract is proposed to he entered i nto or a later year) necessary in respect of such other contract or such other contracts; and

Local Government Acts Amendment Act of 1967, No. 23 145 (2) the amount of the payments necessary in that year in respect of the firstmentioned contract, exceeds ten per centum of the estimated receipts of the proper fund for the year in which the firstmentioned contract is proposed to be entered into. (c) The Local Authority shall not enter into a contract (in this paragraph (c) called the " secondmentioned contract ") under paragraph (a) of this subsection for the performance of any work or undertaking- (i) if the amount of the payments in any year (whether the year in which the secondmentioned contract is proposed to be entered into or a later year) necessary in respect of the secondmentioned contract; or (ii) (where another contract or other contracts under paragraph (a) of this subsection, whether for the purchase of property or the performance of any work or undertaking, is or are subsisting in the year in which the secondmentioned contract is proposed to be entered into and payments from the proper fund are payable in respect of such other contract or such other contracts) if the aggregate of- (1) the amount of the payments in any year (whether the year in which the secondmentioned contract is proposed to be entered into or a later year) necessary in respect of such other contract or such other contracts; and (2) the amount of the payments necessary in that year in respect of the secondmentioned contract; exceeds ten per centum of the estimated receipts of the proper fund for the year in which the secondmentioned contract is proposed to be entered into. (d) For the purposes of paragraphs (b) and (c) of this subsection, the term " estimated receipts of the proper fund "- (i) in the case of Brisbane City Council means the estimated receipts of that financial division of the City Fund (the description of which is relevant to contracts of the class or type concerned); (ii) in the case of a Local Authority other than Brisbane City Council proposing to enter into- (1) a contract relating to sewerage or water supply, means the aggregate of the estimated receipts of all funds established by the Local Authority in respect of sewerage undertakings and water supply undertakings; (2) a contract relating to an undertaking other than a sewerage undertaking or a water supply undertaking, means the estimated receipts of the fund established by the Local Authority in respect of that undertaking, or where the Local Authority has established a common fund in respect of two or more such undertakings, the estimated receipts of such common fund;

146 Local Government Acts Amendment Act of 1967, No. 23 (3) a contract relating to a cleansing service, means the estimated receipts of the cleansing fund established by the Local Authority in respect of that cleansing service, or where the Local Authority has established a common cleansing fund in respect of two or more cleansing services, the estimated receipts of such common fund; (4) a contract, other than a contract specified in provisions (1), (2) and (3) of this subparagraph, means the estimated receipts of the General Fund. (e) Any contract entered into by a Local Authority contrary to the provisions of this subsection shall be void and of no effect. If a Local Authority having entered into a contract which by virtue of this subsection is void and of no effect pays in respect of such contract any money, all the members of the Local Authority who consented to the contract shall be jointly and severally liable to repay the same to the Local Authority, and the same may be recovered from such members or any of them as money due and owing by such members to the Local Authority by action at the suit of the Minister in any court of competent jurisdiction. (f) This subsection shall not be construed so as to authorize or permit a Local Authority to enter as a hirer into a hire-purchase agreement within the meaning of " The Hire-Purchase Act of 1959 " or to grant a bill of sale within the meaning of " The Bills of Sale and Other Instruments Act of 1955." (2) Subsection (1) of this section shall be deemed to have come into force on and from the first day of January one thousand nine hundred and sixty-seven and shall have retrospective effect accordingly. 3. Amendments of s. 21. Section twenty-one of the Principal Act is amended by- (a) in subsection (6) omitting subparagraph (a) from paragraphs (A) and (C) respectively and inserting in its stead respectively the following subparagraph- (a) The cost of constructing sewerage including- (i) the payment of interest on; (ii) the redemption of; (iii) the instalments into a sinking fund in respect of, any loan money borrowed for or in respect of such function, and "; and (b) in subsection (8) omitting subparagraph (1) from paragraphs (A), (B) and (D) respectively and inserting in its stead respectively the following subparagraph- (1) The cost of constructing the water supply including- (i) the payment of interest on;

Local Government Acts Amendment Act of 1967, No. 23 147 (ii) the redemption of; (iii) the instalments into a sinking fund in respect of, any loan money borrowed for or in respect of such function, and ". 4. Amendments of s. 23. Section twenty-three of the Principal Act is amended by- (a) in subsection (9) omitting paragraphs (i) and (ii) and inserting in their stead the following paragraphs- " (i) Each loan fund shall consist of the moneys received by way of loan in respect of the particular function of local government for which the loan was borrowed and any grant or subsidy received from the Treasurer towards the cost of such function. (ii) A loan fund shall be applied to expenditure necessarily incurred in carrying out the function in respect of which the particular loan liability was incurred by the Local Authority."; and (b) in subsection (10) omitting subparagraph (a) of paragraph (ii) and inserting in its stead the following subparagraph- (a) The cost of establishing the particular undertaking including the payment of interest on, or redemption of, or instalments into a sinking fund in respect of, any loan money borrowed for or in respect of such function;". 5. Amendments of s. 28 . Section twenty-eight of the Principal Act is amended by- (a) in subsection (2) omitting the words " under and in pursuance of this section "; (b) in subsection (3)- (i) omitting the words " under and in pursuance of this section " appearing in the general words immediately prior to paragraph (i); (ii) omitting in paragraph (iv)- (1) the first - subparagraph (being the subparagraph commencing with and including the words " Publish a notice " and ending with and including paragraph (d) of the said first subparagraph); (2) the words " work or undertaking " appearing twice and inserting in their stead respectively the words " function of local government "; (c) omitting subsections (4) and (5); (d) in subsection (6) omitting the words " If at the poll aforesaid the number of votes given in favour of the proposal to borrow money is greater than the number given against the proposal to borrow money, or no poll is demanded " and inserting in their stead the words " Upon complying with the procedure prescribed by this section as preliminary to borrowing money "; (e) omitting subsection (7); and of el(efc)toinrssiunbtsheacttiboenh(a8lf) " o.mitting the words " or without taksing any poll

148 Local Government Acts Amendment Act of 1967, No. 23 6. Amendment of s. 29 (3). Subsection (3) of section twenty-nine of the Principal Act is amended by omitting subparagraph (f) of paragraph (i) and inserting in its stead the following subparagraphs- " (f) Statement of contracts entered into by the Local Authority during., the year, which statement shall include the amount of the contract price and, with respect to a contract entered into pursuant to paragraph (a) of subsection (2) of section nineteen of this Act, the amount of each periodical payment payable thereunder, the aggregate of the periodical payments made during the year thereunder, the aggregate of all periodical payments made thereunder, the fund or funds from which the periodical payments were made during the year and. the amount of the contract price remaining unpaid at the end of the year; (f I) Statement of contracts, entered into by the Local Authority pursuant to paragraph (a) of subsection (2) of section nineteen of this Act, prior to and subsisting at the commencement of the year which statement shall include the amount of each periodical payment payable thereunder, the aggregate of the periodical payments made during the year thereunder, the aggregate of all periodical payments made thereunder, the fund or funds from which the periodical payments were made during the year and the amount of the contract price remaining unpaid at the end of the year;". 7. Amendments of s. 47. Section forty-seven of the Principal Act is amended by- (a) adding to subsection (3) the following paragraph:- " The Minister may grant approval of the report and the information accompanying the report, which approval may be subject to such conditions as the Minister thinks fit."; (b) omitting subsection (4); (c) in subsection (5) omitting the general words preceding paragraph (i) and inserting in their stead the words " If the.Minister grants approval of the report and the information accompanying the report, the Local Authority may cause to be undertaken and prepared "; (d) in subsection (7) omitting paragraph (d) and inserting in its stead the following paragraph- (d) The Minister may grant approval of the scheme, whether with or without amendment or modification and may subject such approval to such conditions as he thinks fit;"; (e) omitting subsection (8) and inserting in its stead the following subsection- " (8) If the Minister grants approval of the scheme, the Local Authority may proceed to execute the work of general benefit."; and (f) in subsection (14)- (i) adding to paragraph (a) the words " including costs incurred in exercising any power pursuant to subsection (5) of this section "; and

Local Government Acts Amendment Act of 1967, No. 23 149 (ii) omitting in paragraph (b) the words " Where the Local Authority finances any costs which by this section it can meet by the raising of a loan, by borrowing such a loan " and inserting in their stead the words " Where the Local Authority finances any such costs by the raising of a loan ". 8. Amendment of s. 53. Section fifty-three of the Principal Act is amended by- (a) inserting in subparagraph (d) of paragraph (i) of subsection (1) after the words " local government " the brackets and words " (not being a question whether money should be borrowed or not by the Local Authority)."; and (b) omitting subsection (2).