Local Government Acts and Another Act Amendment Act of 1942 (6 Geo Vi No. 39) (Qld)

LOCAL AUTHORITIES. 6 GEO. VI. No. 39,1942. Local Government Act.! and Another Act. 129 LOCAL AUTHORITIES. See also WAR LEGISLATION (LOCAL GoVERNMENT (PUBLIC Am RAID SHELTERS) LOANS ACT). (1) Local Government Act.! and Another Act Amend- ment Act of 1942 (2) Local Government Act.! and Another Act A mend- ment Act of 1943 (3) Local Government Acts and Other Act.! Amend- ment Act of 1943 .. 6 aea. VI. No. 39 7 aea. VI. No. 2 7 aeo. VI. No. 13 An Act to Amend·" The Local Government Acts, 6~: ~ S~ ? ' 1936 to 1941," and "The Water Acts, 1926 to L~ ~ 1940" (each in certain particulars), to Repeal : l~ ; : ; : ; : "The Water Authorities Acts, 1891 to 1937," A~ ME~ ~ M~ : 2. to Validate Certain Actions, Matters, and Things purporting to have been Done or Executed under " The Local Government Acts, 1936 to 1941," and to make provision in regard to Local Affairs in Thursday Island. [ASSENTED TO 9TH DECEMBER, 1942.] B E it enacted by the King'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:- PART I.-PREUMINARY. PART 1.- PRI!ILIMINARY 1. This Act may be cited as " The Local Government Short title. Acts and Another Act Amendment Act of 1942." 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY ; Parts of Act. PART II.-AMENDMENTS OF " THE LOCAL GOVERNMENT ACTS, 1936 TO 1941 " ; PART III.-AMENDMENT OF "THE WATER ACTS, 1926 TO 1940"; PART IV.-REPEAL OF" THE WATER AUTHORITIES ACTS, 1891 TO 1937" ; PART V .-VALIDATION OF CERTAIN ACTIONS, MATTERS, AND TmNGS PURPORTING TO HAVE BEEN DONE OR EXECUTED UNDER "THE LOCAL GOVERNMENT ACTS, 1936 TO 1941" ; PART VI.-LoCAL AFFAIRS OF THURSDAY ISLAND. E

130 LOCAL AUTHORITIES. Local Governmem ActB and Another Act. 6 GEO. VI. No. 39, PART 11.- AlIBN~ DT NTB PART H.-AMENDMENTS OF " THE LOCAL GOVERNMENT OP BB LOCAL ACTS, 1936 TO 1941." GOVERNllBNT 1936 ~ 941. " 3. (1.) This Part of this Act shall be read as one with Construction *" The Local Government Act8, 1936 to 1941," herein in of Part H. this Part referred to as the Principal Act. Collective (2.) The Principal Act and the amendments made title. thereto by this Part may collectively be cited as " The Local Government Act8, 1936 to 1942." Amendment 4. Subsection one of section three of the Principal of s. 3. Act is amended as follows : - (1.) After the definition of the term "Council," the following definition is inserted, namely :- Director. " " Director "-The Director of Local Government for the State of Queensland." (2.) The definition of the term "Minister" is repealed and the following definition is inserted in lieu thereof, namely:- Minister. " " Minister "-The Secretary for Public Works or other Minister of the Crown for the time being charged with the administration of this Act." Amendment 5. Section four of the Principal Act is amended as of s. 4 (5). follows, namely :_ (1.) Subsection five of the said section is repealed, and the following new subsection five is inserted in lieu thereof, namely :- iC [ n G ot o eu v rn e vc : e . i ; lM no m. r ] aiyn tI • me " - (5.) (i.) The Governor in Council may at any (a) Suspend or rescind any resolution or order of a Local Authority; and/or (b) Prohibit the expenditure of any moneys from the general or any other fund upon any work which he deems unnecessary or which will, in his opinion, impose undue burdens upon the inhabitants of the Area or any division thereof. (ii.) Any resolution of a Local Authority rescinded by the Governor in Council shall be void ab initio unless the Governor in Council specified some later date, in which case the resolution concerned shall be void on and from such specified date. * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et Beg.

LOCAL AUTHORITIES. 131 1942. Local Government Act8 and Another Act. PART I1.- AMENDMENTS OF "THE LOCAL GOVERNMENT In any case where a resolution so rescinded empowers 1936 ~ gT~ 941. ' · or authorises or purports to empower or authorise the making by or on behalf of a Local Authority of any contract or agreement or the acceptance by or on behalf of a Local Authority of any tender or the doing or executing by or on behalf of a Local Authority of any other act, matter, or thing whatsoever, any such contract or agreement made or purported to have. been made or any such tender accepted or purported to have been accepted or any such other act, matter, or thing done or purported to have been done in pursuance of such resolution shall be void ab initio. When, in pursuance of this section, any contract or agreement made by or on behalf of a Local Authority or any acceptance of a tender by or on behalf of a Local Authority or any other act, matter, or thing whatsoever done by or on behalf of a Local Authority is void ab initio, no action claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whosoever against such Local Authority or any member, officer, or employee of such a Local Authority for or in respect of any damage or loss or injury sustained or alleged to have been sustained or for or in respect of any other right or remedy whatsoever conferred or alleged to have been conferred by reason of the making of the contract or agreement concerned, the acceptance of the tender concerned or, as the case may be, the doing of the other act, matter, or thing concerned. If the Governor in Council when rescinding a resolution of a Local Authority specified that such resolu- tion shall not be void ab initio, but shall be void from some later date, such rescission shall not void any such contract or agreement, acceptance of a tender, or other act, matter, or thing as aforesaid made, accepted, or, as the case may be, done prior to such later date. If any contractor whose contract with a Local Authority becomes void ab initio under and in pursuance of this subsection at any time satisfies the Governor in Council that such contract was bona fide and that he incurred expense prior to the date of the rescission by the Governor in Council of the resolution authorising same in or for the purposes of the execution, performance, and/or carrying out of such contract, then the Governor in Council may direct such Local Authority to pay, and thereupon such Local Authority shall pay the amount

132 LOCAL AUTHORITIES. PART II.- A~ ~ NH~ ~ TS Local Government Acts and Another Act. 6 GEO. VI. No. 39, LOCAL GOVERNMENT ---------- 19361: ~ T~ ' 941. " of such expenses to such contractor; any amount so directed to be paid shall constitute a debt due and owing by such Local Authority to the contractor concerned." Amendment of s. 4 (9). (2.) Subsection nine of the said section is repealed and the following new subsection nine is inserted in lieu thereof, namely :- Power to dissolve a Council. "(9.) Notwithstanding anything in this Act contained, the Governor in Council may in his absolute discretion or may, upon the petition of at least one-fifth of the electors of the whole Area, by Order in Council at any time, if in either case, in his opinion circumstances have arisen rendering it necessary so to do, dissolve any council, whereupon the chairman and members of the council shall forthwith go out of office. The Governor in Council shall by the same or subsequent Order in Council appoint some person to carry on, for such period as may be specified in the said Order in Council, such of the functions of the council and exercise, perform, and be subject to such of its powers, duties, authorities and responsibilities as may be specified in the said Order in Council; and for this purpose such person shall be deemed to be the Local Authority and may exercise all the powers thereof. The Governor in Council may by the same or subsequent Order in Council direct that a fresh election of the chairman and members of the council shall be held by and before such returning officer, at such time as the Governor in Council may appoint; and, if necessary, a fresh voters' roll shall be compiled in accord- ance with this Act for such election by such person and in such manner as the Governor in Council may direct, and such roll, when compiled and certified to be correct by such person, shall be conclusive as to the right to vote, and· shall not be questioned at or in connection with such election." N 4B ew an s d s. 4 4 c A . , inser 6 te . dTahfeterfoslleocwtiionng fnoeuwr isnecPtiaornts n 4A . , o 4 f B t , haenPdri 4 n c ciaprael Act, as follows :- Appointment of Director. " [4A.] (1.) (i.) For the due and effectual adminis- tration of this Act, a Director of Local Government for the State of Queensland (hereinafter referred to as the " Director") shall be appointed by the Governor in Council.

LOCAL AUTHORITIES. 133 1942. Local Government Acts and Another Act. PART II.- AMENDXENTB 01' "TU LOOAL GOVERNXENT (ii.) The Director shall hold office for such period 1936 ~ ~ ~941/ ' as the Governor in Council shall fix, but he may be reappointed from time to time. (iii.) The Director shall receive such salary s,nd allowances as the Governor in Council may from time to time approve. (2.) The Director shall, subject to the Minister, be Director charged with the administration of this Act. oharged with administra- tion of Act, (3.) (i.) The Director may make or cause to be Director made such inspections, investigations, and inquiries as : ; : ~ ~ ~ ~ 8f he thinks fit in relation to any matter respecting the U;tvestiga. administration of this Act, and shall make or cause to· be ~~~h-=~ made such inspections, investigations, and inquiries as are directed by the Minister. (ii.) When any inspection, investigation, or inquiry is made by the Director he shall for the purposes of making such inspection, investigation, or inquiry, have and may exercise all the powers, authorities, protection, and jurisdiction of a commission under *" The Official Inql1,iries Evidence Act8, 1910 to 1929," and may enter and inspect any building, premises, or place the entry or inspection whereof appears to be requisite for the purposes of such inspection, investigation, or inquiry. (iii.) When any inspection, investigation, or inquiry is directed to be made by the Minister or the Director the person directed to make the same shall for the purposes of making such inspection, investigation, or inquiry have and may exercise all the powers, authorities, protection, and jurisdiction conferred upon the Director by this subsection. (iv.) When the Minister has directed an inspection~ investigation, or inquiry the Director shall as soon as possible furnish a full report of such inspection,. investigation, or inquiry to the Minister. (-v.) The person so directed by the Director to make any inspection, investigation, or inquiry shall as soon as practica ble furnish a full report of such inspection,. investigation, or inquiry to the Director. * 1 G. 5 No. 13 and Amending Acts. See v. 3, pp. 439 et seq.

134 LOCAL AUTHORITIES. PART 11.- AMENDMENTS OF H THE Local Government Act8 and Another Act. 6 GEO. VI. No. 39, LOCAL GOVERNMENT ACTS, J,936 TO HI~ L" [4B.] The Minister may, on behalf of a Local m M a in y is o t n er Authority, undertake to construct any water supply, behalf of sewerage, drainage, or agricultural drainage work upon , L A o u c t a h l ority such terms, provisions, conditions, and stipulations as , wucneodrrtkeasritn. ake mAuatyhobreitayg.reSeducuhpoangrbeeetmweenent tshhealMl ibneistdereeamndedthteo Lboecaal contract between the Minister and the Local Authority." The provisions of subsection four of section nineteen of this Act shall not apply to any contract made under this section. Recovery of " [40.] (1.) Any costs, charges, and expenses i::::r!tby incurred by the Minister after the passing of *" The Local Minister. Government Acts and Another Act Amendment Act of 1942 " in relation or with respect to an undertaking ofa Local Authority, or a function of Local Government, including all such costs, charges, and expenses incurred by the Minister :- (i.) In or in relation to the supervision by the Minister of any such undertaking or function or any part thereof; or (ii.) For or in relation to surveys, inquiries, inspections, or investigations for the purposes of any such undertaking or function, shall be borne by the Local Authority concerned, and the 'Treasurer shall have and may exercise in respect of same the rights and remedies conferred upon him by t" The Local Government Acts, 1936 to 1942," with respect to a Local Authority failing to duly repay a loan. (2.) The Treasurer may direct that any costs, .charges, and expenses payable by a Local Authority under subsection one of this section, or such part thereof as he shall think fit, shall be defrayed out of any moneys borrowed by the Local Authority concerned and may fix the terms and conditions of such repayment. The Local Authority concerned shall give effect to any such direction of the Treasurer." * This Act. t 1 G. 6 No. 1 and Amending Acts. See v. 5, pp. 826 et seq.

LOCAL AUTHORITIES. 135 1942. 7 PART n:- Local Government Acts and Another Act. AMENDMENTS OF "THlIl LOCAL GOVERNMENT Section five of the Principal Act is amended as 1936 " ' i~ T~ ' 94l; " follows, namely : - . Amendment ( 1 . . ) I n paragraph ( 1 " 1. ) 0 f subsect'IOn one 0 f the· sal'· d ofa. 5 (I). section the following subparagraphs (h) and (i) are inserted after subparagraph (g), namely:- " (h) Where a shire is divided into divisions, redivide the shire into divisions for the purposes of Part IV. only of this Act; (i) Alter the boundaries of divisions by including in one division part or parts of another division and by excluding such part or parts from such other division." (ii.) A new paragraph (v.a.) is inserted in subsection Amendmen~ two after paragraph (v.) of the said section, namely:- of s. 5 (2). I " (v. a.) When the Governor in Council by Order in Council- (1) Abolishes the divisions of a Shire; or (2) Where a Shire is divided into divisions, redivides the Shire into divisions for the purposes of Part IV. only of this Act, then the Governor in Council may, by the same Order in Council or another Order in Council, notwithstanding any decision of the Minister pursuant to subsection four of section twenty-one, or pursuant to paragraph (iii.) of subsection three of section twenty-eight of this Act, declare that the exercise and performance of the particular function of local government or the work or undertaking for which money has been borrowed is no longer for the special benefit of any particular part of the Area r whereupon the exercise and performance of the particular function of local government or the work or undertaking for which money has been borrowed shall no longer be or be deemed to be for the special benefit of any particular' part of the Area and shall be deemed to be for the benefit of the whole Area." 8. Section nineteen of the Principal Act is amended Amendlnetri as follows, namely:- of s. 19. (1.) A proviso is added to subsection two of the said section as follows:- " Provided that nothing in this subsection shall be construed to prevent a Local Authority entering into a

136 LOCAL AUTHORITIES. PaT II.- ~ :NP'~~~T8 Local Government Acts and Arwther Act. 6 GEO. VI. No. 39. GOV L E o R O N A l L IIENT - - - - - - - - - - - - - - - - - - - - - - - - 11l36~ ~T8i941. .. contract of sale with any person whereby the payment for any plant, goods, material, or other property or land by such person is spread over a period of time whereby such payment may be made by way of instalment (which may bear interest) and notwithstanding that the property of such plant, goods, material, or other property or land shall at the date of the contract of sale or any subsequent date pass to such person. (2.) Subsection four of the said section is amended by deleting the words " for the execution of any work or the furnishing of any goods or materials to the amount ,of one hundred pounds or upwards" and inserting in lieu thereof the words "other than a contract for the ,execution of any work or the furnishing of any goods or materials to the amount of one hundred pounds or Jess." ,Amendment 9. Paragraph (ii.) of subsection five of section J)f s. 20. twenty of the Principal Act is repealed and the following new paragraph (ii.) is inserted in lieu thereof, namely:- "(ii.) (A) The office of member of the Joint Local Authority shall be vacated- (a) If he resigns his office by writing under his hand addressed to the clerk, when such resignation shall be complete and shall take effect from the time when it is received by the clerk; or (b) If he fails to attend three or more consecutive duly convened meetings of the Board extending over a period of not less than three months, without leave of absence obtained from the Board; or <c) If he is or was a member of a component Local Authority, or is or was a member of a component Local Authority in a group of Local Authorities, and is or has become disqualified or has ceased to be qualified under the provisions of the Act to be a member of such Local Authority or is or has been ousted from his office of member of such Local Authority by the Supreme Court, or has ceased for any reason to hold office as a member of such Local Authority before the day on which his office would ordinarily become vacant; or

LOCAL AUTHORITIES, 131 PART II.- 1942. Local Government Acts and A nother Act. A~ ~ N, ~ ~ T8 LOCAL - - - - - - - - - - - - - - - - - - - - - GOVERNJIlIlNT (d) If he is an elector of the Area of the component 1936 " ' i~ T~ 941. " Local Authority which elected him or if he is an elector of the Area of the component Local Authority in the group of Local Authorities which elected him, and is or has become disqualified or has ceased to be qualified under the provisions of this Act to be elected a member of such Local Authority. (B) When any vacancy arises in the office of member of the Joint Local Authority- (a) If such member was elected by a component Local Authority such Local Authority shall,. within one month of the occurrence of the vacancy, elect some other member of such Local Authority or some elector of the Area in his stead; or (b) If such member was elected by a group of component Local Authorities such group of component Local Authorities shall, withiDl one month of the occurrence of the vacancy,- elect some other member of a component Local Authority in such group or some other' elector of the Area of a component Local, Authority in such group in his stead. If after the expiration of the time allowed as aforesaid! for the filling of any vacancy no member is elected to" fill the vacancy, the Governor in Council may appoint a person qualified in pursuance of provision (B) of thi& paragraph to fill such vacancy: Provided that before the expiration of such time' on the request in writing under their hands of an absolute majority of the members of the component Local Authority or group of component Local Authorities (as the case may be) so to do, the Governor in Council may appoint a person qualified in pursuance of provision (B) of this paragraph to fill such vacancy. A person so elected or appointed to fill a vacancy shall, subject to this Act, hold office for the remainder of' the period for which his predecessor was elected or' appointed: - Provided further, that if the vacancy which arises' is a vacancy in the office of the member who was the: •

138 I,oeAl, AUTHORITIES. PART II.- ,AHENDMENTS OF." THE Local Government Acts and Another Act. 6 GEO. VI. No. 39, LOCAL GOVERNMENT - - - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ __ ACTS, 1936 TO 1941." president of the Board, then the Board shall, within one month of the occurrence of the vacancy, appoint one of their number to be president and if for any reason the members of the Board fail to elect one of their number to be president before the expiration of such time, the Governor in Council may appoint a member of the Board to be president. Any member so appointed shall, subject to this Act, hold office for the remainder of the period for which his predecessor was appointed." D A f m 8 e .2 n 1 d . ments amen 1 d 0 ed . Sasecftoilolonwst,wneanmtye- loyn: e-of the Principal Act IS (1.) The fourth paragraph of subsection one of the said section is amended by the substitution of the words "one shilling and sixpence " for the words " one ,shilling" where the latter words occur. (2.) The fifth paragraph of subsection one of the said section is amended by inserting the words, "division of a Shire, or Shire which is not divided into divisions or is divided into divisions for the purposes of Part IV. only of this Act" after the word "Town" where the latter word appears in the said paragraph. (3.) Subsection eight of the said section is amended by repealing provision (C) of paragraph (i.) of the said III subsection and inserting a new provision (C) in lieu thereof as follows, namely : - " (C)-A water loan rate equally on the rateable value of land within the Area, or in any division or divisions of the Area, or in any benefited area as defined by the Minister for the purpose of defraying the interest and redemption charges of any loan liability incurred by the Local Authority for the water supply: and- (a) A water rate equally on the rateable value of land within three hundred feet of the middle of the roads on which water mains are laid down from which a sUj>ply of water may be given to such rateable lands; or

1942. LOOAL AUTHORITIES. PART 11.- AMENDMENTS Local Government Acts and Another Act. ° - t~ ' c~ GOVERNMENT --------- ACTS, • 1936 TO 1941." (b) A charge on such baSIS or on such several bases as the Local Authority may by by-law determine for the purpose of defraying the cost of operating, maintaining, and managing the water supply." 11. A new paragraph (iv.) is added to subsection Amendment t WO 0 f sectI·On twenty-three 0 f t he Pr' mC.lpa I Act as- of 8. 23 (2).- follows, namely:- " (iv.) Any moneys received by a Local Authority in respect of plant requisitioned, compulsorily acquired,- or acquired by purchase by the Director-General of Allied Works or his delegate pursuant to Statutory Rule Number eighty-eight, made under the *Nationat Security Act 1939-1940, on the twenty-sixth day or February, one thousand nine hundred and forty-twO' and published in the Oommonwealth Gazette of the same date, shall be paid by the Local Authority into the' General Fund: Provided that notwithstanding anything to the' contrary contained in this Act, the Local Authority' may by resolution direct that the whole or any part· of such moneys so paid into the General Fund shall be' applied in manner following, that is to say:- (a) To the redemption of the principal sum or sums outstanding in respect of any loan moneys borrowed by the Local Authority for the purchase of the plant so requisitioned, compulsorily acquired, or acquired by purchase; and (b) To the establishing of a Reserve Fund called a Plant Renewal Reserve Fund (for which a separate banking account shall be kept) which Reserve Fund shall be applied as and when the Local Authority deems fit to the' purchase of plant." * Commonwealth Acts No. 15 of 1939 and No. 44 of 1940.

140 LOCAI.J AUTHORITIES. PART 11.- ~ N.J? ~~ ~ S LOOAL ,GOVERNMENT ACTS, '1936 TO 1941." Local Government Acts and Another Act. 6 GEO. VI. No. 39, 12. Section twenty-four of the Principal Act is Amendment amended as follows, namely;- of s. 24. (1.) The proviso to paragraph (ii.) of subsection one of the said section is repealed and the following new proviso is inserted in lieu thereof, namely ;- "Provided no Local Authority shall appoint as valuer any of its members or its clerk or any of its officers or employees; Provided further that nothing in this paragraph shall be construed so as to prevent the Local Authority appointing any person as an officer of the Council to the full-time office of valuer." (2.) Paragraph (ix.) of subsection one of the said' j3ection is amended by deleting the words "within twenty-eight days after the notice is received by him" and inserting in lieu thereof the words "within twenty- .eight days after the notice has been served upon him." Amendment 13. Section twenty-seven of the Principal Act is of 8. 27. amended as follows, namely;- (1.) Subsection four of the said section is amended by adding thereto the following new paragraph (iii.), namely;- "(iii.) For the purposes of this subsection the term ~, rates" shall also include the interest (if any) which such rates may bear." (2.) A new subsection (13A) is inserted in the said section as follows, namely ; - " (13A.) For the purpose of this section the term " rate" or "rates" shall be deemed to include any sewerage, cleansing, or water charge or charges." (3.) Subsection fourteen of the said section is amended by inserting after the word" undertaking," wherever such word occurs, the words "other than a water undertaking." AmewP. nep. ~ 14~ Paragraph (iv.) of subsection three of section ofs. 28 (3) twenty-eight of the Principal Act is amended by deleting (iY.). the words" less than one month nor" where such latter words occur.

LOCAL AUTHORITIES. 141 1942. Local Government Acts and Another Act. PART 11.- AMENDMENTS OF" THE LOCAL GOVERNMENT 15. The Principal Act as heretofore modified by 1936~ ~T~ 941." Regulations made under *" The Public Safety Act of Amendment 1940" shall be and the same are hereby further modified of s. 29 (2). by inserting after paragraph (iv.) of subsection two of section twenty-nine the following paragraph (iv. a) :- " (iv. a.) Expenditure in doing or executing any work matter or thing- (i.) Directed or authorised by the Council of Public Safety; or (ii.) Required by any Regulation made under the provisions of *" The Public Safety Act of 1940"; or (iii.) Ordered by or required pursuant to an Order made under or pursuant to any Regulation made under the t NationalSecurityAct1939- 1940 of the Commonwealth to be done and executed by a Local Authority shall when an Area (being the area of a Shire) is divided and such Area is not divided for electoral purposes only be charged by the Local Authority against the account of each division in proportion to the value of the rateable land in each division. 16. Subsection five of section thirty-five of the Amendment Principal Act is amended by inserting the words of s. 35 (5). "secondary or" before the words "residential road" where the latter words occur. 1 7. Subsections one to four inclusive of section Amendments fifty-two of the Principal Act are deleted, and the of s.. 52. . following new subsections inserted in lieu thereof, ~ : ~ 1~ ~ tnd namely:- "[52] (1.) Every notice, order, process, summons, Notices, &c. or other document under this Act which requires !f;:d. authentication by the Local Authority may be sufficiently authenticated without the seal of the Local Authority if signed by the chairman or clerk or other authorised officer delivering or transmitting the same. (2.) Any notice, order, process, summons, or other Service on document may be served on a Local Authority- ~~~~~ritY. (a) By delivering the same to the clerk; or * 4 G. 6 No. 28. 1940 Sess. v. p. 17978. t Commonwealth Acts No. 15 of 1939 and No. 44 of 1940.

142 LOCAL AUTHORITIES. PART 11.- AMENDMENTS OF" THE Local Government .Acts and .Another .Act. 6 GEO. VI. No. 39, LOCAL GOVERNMENT - - - - - - - - - - - - - - - - - - - - - - - - ACTS, 1936 TO 1941." (b) By forwarding the same by post addressed to the clerk. Service of notice by Local Authority. (3.) (i.) Any notice, order, process, summons, or other document under or for any of the purposes of this Act required or authorised to be given or served to or upon any person may be served- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode; (d) In the case of a sum~ ons (but without excluding the operation of the foregoing provisions), by forwarding the same by post in a registered letter addressed to such person at his usual or last known place of abode- and in such case the production of a receipt purporting to be the registered receipt for such letter, together with oral testimony by the clerk or other officer of the Local Authority authorised by it in that behalf as to the contents of such letter, shall be sufficient proof of service of the summons. (ii.) Any such document, if addressed to the owner or occupier of premises, may be given or served by delivering the same, or a true copy thereof, to some person on the premises or, if there is no person on the premises who can be so served, by fixing th~ Rame on some conspicuous part of the premiseFl. (iii.) Any such document may be given or served to or upon any person whose name or address is unknown by publishing it once in the Gazette and in some newspaper. (iv.) Any such document required to be given or served to or upon the registered proprietor, owner, or occupier of any land or premises may, if the name of the registered proprietor, owner or occupier is not known, be addressed to him by the description of the "registered proprietor," "owner," or "occupier" of the land or premises in question (naming them) without further name or description, and any such document

LOCAL AUTHORITIES. 143 PUT II.- AMENDMENTS 1942. Local Government Acts and Another Act. OF" THE LOCAL GOVERNMENT AOTS, required to be given or served to or upon the owner of 1936 TO 1941." any land which said land has been disclaimed by the person entitled to become the owner thereof by virtue of any power in law in that behalf may be addressed to the" owner" of the land in question (naming it) without further name or description and if given or served otherwise in accordance with the provisions of this subsection shall be deemed to have been properly given or served to or upon the owner of the said land for all purposes of this Act. (v.) If any registered proprietor or owner of land rated is absent from Queensland he may be rated or any such document may be given or served to or upon him by delivering it or posting it in a registered letter to his agent in Queensland. (vi.) If the Local Authority is aware that the registered proprietor or owner of land rated is dead any such document required to be given or served to or upon the registered proprietor of such land may be given or served to or upon the owner of such land, if the name and address of such owner are known to the Local Authority, or if the name or address of such owner are unknown' to the Local Authority such document may be given or served to or upon such registered proprietor by publishing it once in the Gazette and in some newspaper and also by giving or serving the same to or upon the Public Curator and any document served in manner hereinbefore provided shall be deemed to have been properly given or served to or upon the registered proprietor of the land concerned for all purposes of this Act. (vii.) If the Local Authority is unaware whether or not the registered proprietor of land rated is living or dead, any such document required to be given or served to or upon the registered proprietor of such land shall be deemed to have been properly given or served for all purposes of this Act if addressed to such registered proprietor and given or served in the same manner as is prescribed in paragraph (iii.) of this subsection in the case of a person whose name or address is unknown. (viii.) Any such document forwarded by post shall be deemed to have been served at the last moment of the day on which the same ought to be delivered at its

144 LOCAL AUTHORITIES. PART 11.- AMENDMENTS OF" THE Local Government Acts and Another Act. 6 GEO. VI. No. 39, LOCAL GOVERNMENT - - - - - - - - - - - - - - - - - - - - - - - - 1936 ~~ '941." destination in the ordinary course of post, and in proving service it shall be sufficient to prove that the same was properly stamped and addressed and put into the post. (ix.) A judgment or order for the payment of any rates due may be given by any court against an owner whose name is not known to the Local Authority under the designation of "the owner" of the land in question without stating his name, on proof by the chairman or clerk that the name of such owner is unknown and that service of the complaint or summons was made in manner hereinbefore provided. Construction [3A.] The provisions of subsections two and three ~ ! c~ ~ t; ; s of this section shall be read and construed as being in 2 and 3. aid of any other provisions of this Act prescribing the manner of service of a particular notice, order, process, summons, or other document under or for the purposes of this Act and to the intent that where any such particular notice, order, process, summons, or other document cannot be served in the manner provided by such other provision then the same may be served in any manner provided by the said subsections two and three which is applicable in the circumstances. Sundays and public holidays. (4.) When any day, or when the last of several days, provided or appointed by or in pursuance of this Act for any purpose in any year happens on a Sunday, or a day which is a public holiday throughout Queensland, or in the Area, then such provision and appointment shall take effect as for the next following day which is not a Sunday or a public holiday. PART 111.- AMENDMENT OF .. THE WATER ACTS, 1926 TO 1940." PART IIl.-AMENDMENT OF "THE WATER ACTS, 1926 TO 1940." Construction 18. (1.) This Part of this Act shall be read as one of Part Ill. with *" The Water Acts, 1926 to 1940," herein in this Part referred to as the Principal Act. Collective (2.) The Principal Act and the amendment made title. thereto by this Part may co11ectively be cited as " The Water Acts, 1926 to 1942." Amendment 19. The Principal Act is amended by repealing Wofathteer Acts. sections 54A and 54B of the said Act. * 17 G. 5 No. 12 and Amending Acts. See v. 9, pp. 919 et seg.

LOCAL AUTHORITIES. 145 PART IV.- 1942. Local Government Acts and Another Act. REPEAL 01' "THE A~~ ~ ~ES ---------------------------------------------- ACTS, PART IV.--REPEAL OF " THE WATER AUTHORITIES 1891 TO 1937." ACTS, 1891 TO 1937." 20. (1.) Subject as hereinafter provided, *" The Repeal of Water Authorities Acts, 1891 to 1937," are hereby repealed. ru~ ~ ~ rities Such Acts are herein referred to in this section as the Acts. repealed Acts. (2.) Subject as hereinafter provided, at the passing Transfer.to of this Act, the Water Authority for a Water Area ~ ~ : : ~ mg constituted under the repealed Acts shall be and the same ~uthority is hereby abolished, and the function of water supply and : \ u~ ~ ~ ty. the function and undertaking of such abolished Water Authority shall be transferred to and be vested in the Local Authority which was such Water Authority at the passing of this Act, and such Local Authority shall henceforth manage and control such function and undertaking as if such function and undertaking had been established by the Local Authority under t" The Local Government Acts, 1936 to 1942," and the provisions of the said Acts shall apply and extend with respect to such function and undertaking. . The Local Authority shall have, in addition to the powers, rights, privileges, and authorities conferred upon the Local Authority pursuant to t" The Local Government Acts, 1936 to 1942," the powers, rights, privileges, and authorities conferred upon, and shall be subject to the liabilities, duties, obligations, and responsibilities imposed upon, the abolished Water Authority by Part V. and Part VI. of the repealed Acts,a,nd the said provisions of the repealed Acts shall, until a by-law repealing or in lieu of such provisions is made, continue in force so far as they are applicable to the same extent as if such provisions were a by-law duly made by such Local Authority under t" The Local Government Acts, 1936 to 1942." (3.) (i.) The Local Authority shall collect, receive, Powers of and recover all rates and/or charges made and levied ~ o~ ~ .t by and all moneys due to such abolished Water Authority toUco~ : ' l. at the passing of this Act, and all matters and things &c., rates. which at the said date are in course of construction or performance by the abolished Water Authority in the due exercise of its powers, duties, and responsibilities may be continued and completed by the Local Authority. * 55 v. No. II and Amending Acts. See v. 9, pp. 787 et Beq. t I G. 6 No. I and AmendiIl.g Acts. See v. 5, pp. 826 et Beg.

146 LOCAL AUTHORITIES. PABr IV.- REPEAL OF "THE WATIIR AUTHORITIIIS Local Government Act8 and Another Act. 6 GEO. VI. No. 39, 181l1~~h37. " (ii.) The by-laws made by the abolished Water Saving of Authority under or in pursuance of the repealed Acts by.laws. shall be deemed to be by-laws duly made by the Local Authority under or in pursuance of *" The Local Government Acts, 1936 to 1942," and shall continue in force accordingly until the same be repealed or amended under *" The Local Government Acts, 1936 to 1942." Transfer, &0., of asaets. (iii.) All the property, whether real or personal, and all other assets of whatever description and all liabilities, contracts, and engagements of the abolished Water Authority shall, without any transfer, assignment, or conveyance or notice other than this Act, be divested from such abolished Water Authority and shall be vested in and shall attach to and be discharged by and may be enforced by or against the Local Authority. Saving as to (4. ) Notwithstanding the repeal of the repealed ~ ~ ~~ gatta. Acts the Coolangatta-Nerang Water Authority Water constituted the Water Authority for the Coolangatta- Authority. Nerang Water Area by Order in Council made on the twenty-seventh day of July, one thousand nine hundred and thirty-three, and published in the Gazette of the twenty-ninth day of July, one thousand nine hundred and thirty-three, which Order in Council was cancelled and a fresh Order in. Council made in lieu thereof on the fourteenth day of June, one thousand nine hundred and . thirty-four, and published in the Gazette of the sixteenth day of June, one thousand nine hundred and thirty-four, shall to and including the thirtieth day of June, one thousand nine hundred and forty-three, be and continue to be the Water Authority for the said Water Area and shall have the powers, rights, privileges, and authorities and be subject to the liabilities, duties, obligations, and responsibilities imposed upon the Water Authority by the repealed Acts, and on and from the first day of July, one thousand nine hundred and forty- three, the said Water Authority shall be and be deemed to be a Joint Local Authority constituted under the name of "The Coolangatta-Nerang Water Supply Board" for the purpose of exercising and performing the function of water supply and the said Water Area shall be deemed to be the Area of the said Joint Local Authority and the Board of the said Joint Local Authority shall be composed of six members of whom three shall be * 1 G. 6 No. 1 and Amending Acts. See v. 5, pp. 826, et seq.

LOCAL AUTHORITIES. 147 1942. Local Government Acts and Another Act. PART IV.- REPEAL OF "THE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A~ ~ ~ ms assigned to the Council of the Town of Coolangatta and 1891 ~ ~ 37. " three shall be assigned to the Council of the Shire of Nerang, and the provisions of this section shall, mutatis mutandis, apply accordingly to such Water Authority: Provided that, the members of the said Water Authority holding office at the thirtieth day of June, one thousand nine hundred and forty-three shall, on and from the first day of July, one thousand nine hundred and forty-three, be deemed to be members of the Board ofthe said Joint Local Authority and to be representatives on the said Board of the component Local Authorities of which they are members and shall be deemed to have been elected by the said component Local Authorities as representatives of the said component Local Authorities on the said Board and shall, subject to the provisions of *" The Local Government Acts, 1936 to 1942," remain in office until the conclusion of the next ensuing triennial election of the Local Authority of which they are members: Provided further that nothing in the foregoing shall be deemed in any way to prejudice the powers of the Governor in Council pursuant to *" The Local Govern- ment Acts, 1936 to 1942," to alter or vary the constitution or functions or Area of the Joint Local Authority, or to dissolve the Joint Local Authority, or to settle and adjust any rights, liabilities, or matters which in consequence of the exercise of any of these powers require to be adjusted. PART V.- VALIDATION OF CERTAIN AOTIOJll8, PART V.-VALIDATION OF CERTAIN ACTIONS, MATTERS, ~~a:G8 AND THINGS PURPORTING TO HAVE BEEN DONE Pu. ; ; oi! . ~ : G OR EXECUTED UNDER " THE LOCAL GOVERNMENT diE~~~ ~:: D ACTS, 1936 TO 1941." UJIID~C~ TBE GOVERJIIlIEJIIT 21. Every budget, including the separate budgeh936~ ~94i. " for every fund purporting to have been framed and Validation adopted by a Local Authority as its budget under *" The of certain Local Government Acts, 1936 to 1941," for the year~ = tsand within the meaning of such last-mentioned. Acts and/or commencing on the first day of July, one thousatu: t' : hitl. ~ charges. hundred and forty-two, and for any year within the meaning of such last~ mentioned Acts prior thereto shall, notwithstanding that the Local Authority did not cause such budget to be framed in the form and manner prescribed on or before its first ordinary meeting in the * 1 G. 6 No. I and Amending Acts. See v. 5, pp. 826 et seq.

148 LOCAL AUTHORITIES. PART V.- 6f' 6~ ~ i~ : Local Government Acts and Another Act. 6 GEO. VI. No. 39' ACTIONS, MATTERS, APUNDRPOTRmTNINGGS month 0 fuguAst of the year dconcerne ,and notW. lht- Bi~ NHA6~ E standing that the Local Authority did not adopt such ~ ~~ ~ E~ ui; ~ budget on or before the thirty-first day of August of the GOV~ ~ ~ A~ ENT year concerned, and notwithstanding that the Local 1936 " ' igT~ ' 941. " Authority amended such budget before the passing of *" The Local Government Acts and Another Act Amendment Act of 1942," and notwithstanding that the Local Authority fa.iled to comply with any other provisions of t" The Local Government Acts, 1936 to 1941," with respect to such budget, be deemed to have been framed and adopted by the Local Authority under and for the purposes of t" The Local Government Acts, 1936 to 1941," and every such budget including the separate budget for every fund is hereby approved, validated, ratified, and confirmed accordingly. Moreover all rates and/or charges made and levied or purporting to have been made and levied by the Local Authority for the year commencing on the first day of July, one thousand nine hundred and forty-two, and for any such year prior thereto are and are hereby declared to have always been rates and/or charges the making and levying of which by the Local Authority under t" The Local Government Acts, 1936 to 1941," or any other Acts authorising it in that behalf is and always has been valid and lawful, and every owner of rateable land is and is hereby declared to always have been legally liable to pay every such rate and/or charge so made and levied in his case, and if he fails so to do the same may be recovered, and is hereby declared to always have been recoverable, by the Local Authority in any manner provided by law, and it shall be immaterial that any such rate and/or charge was not founded on a budget duly framed and adopted under t" The Local Government Acts, 1936 to 1941," or that the Local Authority failed to comply with any other provisions of t" The Local Government Acts, 1936 to 1941." Validation of certain action by Biggenden Shire Council. 22. The resolution of the Council of the Shire of Biggenden to extinguish the overdraft in the General Fund of the said Shire at the thirtieth day of June, one thousand nine hundred and forty-one, by making equal annual provision in the budget for the General Fund for a period not exceeding fifteen years is hereby approved, validated, ratified, and confirmed. * This Act. t 1 G. 6 No. 1 and Amending Acts. See v. 5, pp. 826 et Beq.

LOCAL AUTHORITIES. 149 PART V.- 1942. Local Government Acts and Another Act. VALIDATION OF CERTAIN ACTIONS, MATTERS, 23. The action of the Councils of the Shires ?f A P N ~ D a: T ~ m ~ N ~ G G S Atherton, Belyando, Ilfracombe, and Tambo, m BEEN DONE extm· gUl.sh·mg thedefiC.lt at t he th· lrt·leth day 0 f J . une, one OURN E D X E E R C " U T T H E E D thousand nine hundred and forty-two, in certain of the GO~ ~C; ;ENT funds established by the said Councils pursuant to 1936 ~ gT~ 941." paragraph (i.) of subsection one of section twenty-three Validat~ on of *" The Local Government Act8, 1936 to 1941," by writing ~ ~ t~ ~ : ta; off such deficits against surpluses in other of the funds Atherton, established by the said Councils pursuant to paragraph ~ t! ~ : ! be, (i.) of subsection one of section twenty-three of the said an~ Tambo Acts is hereby approved, validated, ratified, and ~ ~ : cils. confirmed. 24. The action of the Council of the City of Charters Validation Towers in extinguishing the deficits at the thirtieth day of of t~ erta~ June, one thousand nine hundred and forty-one, in th~ ~~ ~ ~: , r: General Fund and the Special Health Rate Fund Tower~ City established by the said Council pursuant to paragraph g~ ~ ~ ~ sand (i.) of subsection one of section twenty-three of *" The ~w~rs Local Government Act8, 1936 to 1941," by writing off A~ h~ rity. such deficits against the surplus in the Sanitary Fund established by the said Council pursuant to the said provisions of the said Acts is hereby approved, validated, ratified, and confirmed, and moreover the resolution of the said Council, being the Water Authority for the Charters Towers Water Area, to extinguish the overdraft at the thirtieth day of June, one thousand nine hundred and forty-one, in the Water Fund established by the said Council, being the Water Authority for the Charters Towers Water Area, pursuant to section one hundred and thirty-eight of t" The Water Authorities Act8, 1891 to 1937," by making equal annual provision in the budget for the Water Fund for a period not exceeding five years is hereby approved, validated, ratified, and confirmed. 25. The Council of the City of Ipswich is herebyIpswic.h City authorised to rescind the separate budget framed by the ~ ~: - ;~ sed said Council and adopted by it on the seventh day ofto frame AUgust, one thousand nine hundred and forty-two, as : nf~ e:~ oPt its separate budget for the Special Loan Rate Fund separate under *" The Local Government Act8 , 1936 to 1941'" bufodr Lgoaen tRaanted the year within the meaning of the said Acts commencing mak~ fresh on the first day of July, one thousand nine hundred and ~~: l.aJ Loan • 1 G. 6 No. 1 and Amending Acts. See v. 5, pp. 826 et seq. t 55 V. No. 11 and Amending Acts. See v. 9, pp. 787 et seq.

150 Il0CAL AUTHORITIES. PART V.- VALIDATION OF CERTAIN Local Government Acts and Arwther Act. 6 GEO. VI. No. 39, ACTIONS, MATTERS, ~ ~ P~ : ~ ~ NG: forty-two. Moreover the said Council is hereby authorised Bi~ NH: t6~ E to frame and adopt a fresh separate budget for the ~ ~ D~ i. E~ 1! f: ~ Special Loan Rate Fund under the said Acts for the GOV~ ~ ~ ; ENT said year and notwithstanding anything to the contrary 1936 ~ ~T~ '941. " contained in the said Acts such fresh separate budget shall be deemed to have been framed and adopted by the said Council under and for the purposes of *" The Local Government Acts, 1936 to 1941." The Council of the City of Ipswich is hereby authorised to rescind the Special Loan Rate made by the said Council under *" The Local Government Acts, 1936 to 1941," on the seventh day of August, one thousand nine hundred and forty-two, as its Special Loan Rate for the year within the meaning of the said Acts commencing on the first day of July, one thousand nine hundred and forty-two, and founded on the separate budget of the Special Loan Rate Fund adopted by it on the said date. Moreover, the Council is hereby authorised to make and levy a fresh Special Loan Rate founded on the fresh separate budget for the Special Loan Rate Fund to be framed and adopted by the said Council as hereinbefore provided, and, notwithstanding anything to the contrary contained in the said Acts, the making and levying by the said Council of the said fresh Special Loan Rate is declared to be valid and lawful and every owner of rateable land is hereby declared to be legally liable to pay such rate so made and levied in his case and if he fails so to do the same may be recovered by the said Council in any manner provided by law. PART VI.- LOCAL AFFAIRS OF PART VI.-LoCAL AFFAIRS OF THURSDAY ISLAND. T: fs~ ~ ~~~Y 26. Whereas by reason of the war the Prime Administra- Minister of the Commonwealth intimated to the Premier tion.of Local of Queensland that it was proposed to apply the National ~ : ~ ~ Z~ Security (Evacuated Areas) Regulations, being Statutory Island. Rules No. 155 of 1942, and dated the twenty-eighth day of March, one thousand nine hundred and forty-two, to Thursday Island: And whereas the Prime Minister of the Common- wealth advised the Premier of Queensland on the twenty- first day of October, one thousand nine hundred and forty-two, that the Department of the Army had taken over control of all the services and activities of the * 1 G. 6 No. 1 and Amending Acts. See v. 5, pp. 826 et 8eq.

LOCAL AUTHORITIES. 1942. Local Government Acts and Another Act. Thursday Island Town Council, and that the former Town Clerk having enlisted in the Army, will function as Town Major: 151 PART VI.- LOOAL AFFAIRS OF THURSDAY IST,AND. It is hereby enacted as follows:- (i.) (a) For the purposes of this section the person Corporation for the time being performing the duties of Director ~ r! ~ ~ r of of Local Government, representing the Crown, shall be Local a corporation sole under the name and style of " The Government. Corporation of the Director of Local Government," and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued, and subject to this Part shall have power to take, purchase, sell, exchange, lease, assign, transfer, surrender to the Crown, mortgage and hold lands, goods, chattels, and other property, and subject to this Part may do and execute such other acts, matters, and things as may be necessary or convenient to the proper exercising and performance of his powers, functions, authorities, and duties under this section. (b) All Courts, judges, justices, and persons acting Corporation. judicially shall take judicial notice of the seal of the Corporation affixed to any document or notice and until the contrary is proved shall presume that any such signature or such seal as the case may be, was duly affixed to any document or notice concerned. (ii.) The Governor in Council may from time to time direct the said corporation or the Director of Local Government to do and execute such acts, matters, and things, and to take such action as shall be deemed necessary and desirable in and for the purposes of matters appertaining to the local affairs of Thursday Island, and of the previous Thursday Island Town Council, and also (in co-operation with the Commonwealth) in and for the purposes of any act matter or thing presently under the jurisdiction and control of the C0mmonwealth, where action by the State in connection therewith is deemed necessary. Any funds in the hands of the said Director at the passing of *" The Local Government Acts and Another Act Amendment Act of 1942" and any moneys subsequently coming into his hands shall be paid over by him to the Treasury and such moneys shall be applied in such manner and for such purposes as the Governor in Council shall from time to time direct. * This Aot