Local Government Acts and Another Act Amendment Act of 1951 (No. 2) (15 Geo Vi No. 40) (Qld)

LOCAL AUTHORITIES. 15 G eo . VI. No. 40,1951. Local Government, Etc., Act (No. 2). 439 LOCAL AUTHORITIES. (1) Local Government Acts and Another Act Amendment Act of 1951 .. .. .. 15 Geo. (2) Local Government Finance Act of 1952 .. 1 Eliz. (3) Sewerage , Water Supply, and Gasfitting Act Amendment Act of 1951 .. .. 15 Geo. VI. No. 40 II. No. 18 VI. No. 42 An Act to Amend "The Local Government Acts, 15«0B%VI 1936 to 1951,” and " The City of Brisbane «££££££,. Acts, 7 1924 to 1951 7 ,” each in certain A mendment particulars. a °( tnop If1' [A ssented to 15 th N ovember , 1951.] 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:— P art I.— P reliminary . P reliminary . 1. This Act may be cited as “ The Local short title. Government Ads and Another Act Amendment Ad of 1951 (No. 2).” 2. This Act is divided into Parts, as follows:— Parts of Act. P art I.— P reliminary ; P art II.— A mendments of * “ T he L ocal G overnment A cts , 1936 to 1951 ”; P art III. —A mendments of f “ T he C ity of B risbane A cts , 1924 to 1951.” P art II.— A mendments of “ T he P art II.— A mendments of * “ T he L ocal G overnment c52™g§5|T A cts , 1936 to 1951.” ioTii>5i.- 3. This Part II. of this Act shall be read as onej^p^n! with * “ The Local Government Acts, 1936 to 1951,” (in and this Part II. referred to as the Principal Act) and that^®otlve Act and this Part II. may be collectively cited as “ The Local Government Acts, 1936 to 1951.” * 1 G. 6 No. 1 and amending Acts, f 15 G. 5 No. 32 and amending Acts.

440 LOCAL AUTHORITIES. P art II.— A mendments of ** T he L ocal G overnment A cts , 1936 TO 1951.” Local Government, Etc., Act (No. 2). 15 G eo . VI. No. 40, 4. The second proviso to paragraph (ii.) of Amendment subsection eight of section seven of the Principal Act of s. 7 (8) is amended by repealing, in that proviso, the words («.)• “ by reason of His Majesty’s visit to Australia in that year ” and by inserting, in lieu of those repealed words, the words “ by reason of any member or members of the Royal Family visiting Australia in that year.” New s. 17 a 5. The following section is inserted after section inserted* seventeen of the Principal Act, namely :— Payment of “ [17 a .] (1.) Any officer or other employee of a eomffipcelorsyeoers Local Authority— when absent from duty on (i.) Who is— service with the Naval, Military or Air Forces. (а) A member of the Citizen Naval, Military or Air Forces who is required to attend training camps, drills, parades, schools, classes or courses of instruction in which his unit is participating ; or (б) A member of the Naval, Military or Air Force Reserve who volunteers or who is called up for duty with such Reserve ; or (ii.) Who has enlisted or who has been called up for service with any special force raised by the Commonwealth for service abroad, may— (iii.) If such officer or other employee is not entitled to any leave with pay during the period of his attendance, duty or service as aforesaid, or does not elect to take in respect of that period, leave with pay to which he is entitled, or the extent of leave with pay to which such officer or other employee is entitled taken by him in respect of that period is less than that period ; and (iv.) If such officer or other employee receives (or, if different rates are provided for persons “ living in ” and persons “ living out,” would receive if he were paid at the rate appropriate for a person “ living out ”) for and in respect of his attendance, duty or service as aforesaid payment (including any allowance for his wife and children and any other service allowance) less in amount than he would have

1951. LOCAL AUTHORITIES. 441 P art II.— Local Government, Etc., Act (No. 2). A mendments op *• T he L ocal G overnment received had he continued to perform the A tcot 1 s , 95 1 1 9 . 3 ” 6 duties of his office or employment with the Local Authority, be paid by the Local Authority the difference between the payment he receives (or, if different payments are provided for persons “ living in ” and persons “ living out,” would receive if he were paid at the rate appropriate for a person “ living out ”) in respect of his attendance, duty or service as aforesaid and the payment he would have received had he continued to perform the duties of his office or employment under that Local Authority for— (v.) A period or periods not exceeding in the aggregate sixteen days in any period of twelve consecutive calendar months in the case of an officer or other employee referred to in subparagraph (a) of paragraph (i.) of this subsection; (vi.) Sixteen days in the aggregate in the case of an officer or other employee referred to in sub­ paragraph ( b ) of paragraph (i.) j of this subsection; and 1 i ! ; (vii.) A period or periods not exceeding in the aggregate sixteen days in the cage of an officer or other employee referred to in paragraph (ii.) of this subsection: Provided that this subsection shall apply so that— (а) Payment of an officer or other employee by the Local Authority shall not be authorised hereby in respect of any period when that officer or other employee is absent on leave with pay from his office or employment under that Local Authority; and (б) Where an officer or other employee of a Local Authority is, for a part of the period of his attendance, duty or service as aforesaid, absent on leave with pay from his office or employment under the Local Authority, the one of the periods specified in paragraphs (v.), (vi.) and (vii.) of this subsection which is applicable in his case shall begin to run on and from the completion of that leave.

442 LOCAL AUTHORITIES. P art II.— A mendments or “ T he L ocal G overnment A cts , 1936 to 1951.” Local Government, Etc., Act (No. 2). 15 G eo . VI. No. 40r (2.) Payment under this section to an officer or other employee shall not be made by the Local Authority unless and until— (а) In the case of an officer or other employee referred to in paragraph (i.) of subsection one of this section, he has submitted to that Local Authority evidence of the necessity for the attendance or duty specified in his case by the said paragraph (i.) and, having duly completed the period of that attendance or duty, has produced to that Local Authority a certificate of having done so ; and (б) In the case of an officer or other employee referred to in paragraph (ii.) of subsection " one of this section, he has submitted to that Local Authority evidence that he has enlisted or has been called up for service as specified in the said paragraph (ii.) and evidence of the days on which he is or has been on such service. (3.) This section shall apply to temporary officers and other temporary employees of a Local Authority : Provided that, where the services of the officer or other employee are not further required, payment under this section shall not be made in respect of any time after the date upon which he would ordinarily have ceased duty, and the provisions of this subsection shall be a condition of the employment of such temporary officer or other temporary employee. (4.) In and for the purposes of this section the term “ Local Authority ” includes Brisbane City Council.” Amendment 6- Subsection one of section nineteen of the of s» 19(1.). Principal Act is amended by adding thereto the following paragraph, namely :— “ (iv.) (a) Where plant, equipment, or plant and equipment of a substantial capital cost is required for the discharge of the function of cleansing by the removal of nightsoil and/or garbage, a contract entered into by a Local Authority for the discharge thereof may be, and it is hereby declared always could be, conditioned for the giving by that Local Authority to the contractor of financial assistance for the purpose of enabling or assisting the contractor to provide that plant, equipment,

LOCAL AUTHORITIES. 443 P art II.— 1951. Local Government, Etc., Act (No. 2). A mendments op “ T he L ocal G overnment A cts , 1936 or plant and equipment, for the giving by the contractor to 1951.” of security with respect to that financial assistance, and for the payment by the contractor to the Local Authority of the amount of that financial assistance : Provided that a Local Authority shall not, at any time after the passing of * “ The Local Government Acts and Another Act Amendment Act of 1951 (No. 2),” notify its intention to make and invite tenders for any contract specified in this paragraph (iv.), unless and until the Minister shall have approved in writing of the making and inviting of such tenders. (6) There shall be set out in any contract specified in this paragraph (iv.) entered into by a Local Authority at any time after the passing of * “ The Local Government Acts and Another Act Amendment Act of 1951 (No. 2),” or in a separate document the amount of the financial assistance, the rate of interest thereon, the security to be given by the contractor with respect thereto, all such terms, provisions and conditions as are necessary to provide for the payment of the amount thereof within a specified- limit of time and for payment of interest thereon by periodical instalments (which periodical instalments may be compounded of principal and interest) and all such other matters as are necessary or expedient in the circumstances. Any and every security to be given by the contractor with respect to any amount of the financial assistance shall be duly given by him not later than the time when the same is given by the Local Authority : Provided that a Local Authority shall not, at any time after the passing of * “ The Local Government Acts and Another Act Amendment Act of 1951 (No. 2),” enter into, or offer to enter into, any contract specified in this paragraph (iv.) unless and until the Minister shall have approved in writing of the giving of the financial assistance, the amount thereof, the rate of interest thereon, the security to be given by the contractor with respect thereto, and the terms, provisions and conditions of the payment thereof by the contractor to the Local Authority. (c) In and for the purposes of this paragraph the term “ Local Authority ” includes Brisbane City Council.” * This Act.

444 LOCAL AUTHORITIES. P art II.— A mendments op " T he Local Government, Etc., Act (No. 2). 15 G eo . VI. No. 40, L ocal G overnment A cts , 1936 to 1951.” 7. Section forty-one of the Principal Act is Amendments amended— of s. 41. (i.) By repealing subsections one and two thereof and by inserting, in lieu of those repealed subsections, the following subsections, namely:— “ ( 1 .) (a) To the extent necessary to give full operation and effect to * “ The Stock Routes and Rural Lands Protection Acts, 1944 to 1951” (including any later Act passed in amendment of or substitution for those Acts), this section shall be read subject to and so as not to prejudice, affect or otherwise derogate from the provisions of those Acts whereunder or in pursuance whereof— (i.) Obligations, duties and liabilities are imposed or imposable upon the Local Authority, or owners or occupiers of lands, or other persons whomsoever; and (ii.) Functions and powers are conferred upon the Local Authority, with respect to the destruction of plants and weeds and animals and birds which are respectively noxious plants and vermin under and for the purposes of those Acts. (b) Where a Local Authority, an owner or occupier of any land, or any other person whomsoever is or may be obligated under or in pursuance of * “ The Stock Routes and Rural Lands Protection Acts, 1944 to 1951,” to destroy, as being respectively a noxious plant or vermin under and for the purposes of those Acts, any weed or plant growing, or any animal or bird upon or in, any land or water then that Local Authority, or owner or occupier, or that other person shall not be obligated under or pursuant to the provisions of this Act to destroy, as being respectively a noxious weed or plant or vermin under and within the meaning of this Act, that weed or plant or, as the case may be, animal or bird. (2.) (a) In this section the term “ noxious weed or plant ” includes any weed or plant which is a noxious plant under and for the purposes of * “ The Stock * 8 G. 6 No. 16 and amending Acts.

LOCAL AUTHORITIES. 445 1951. Local Government, Etc., Act (No. 2). P art II.— A mendments op ** T he L ocal G overnment A cts , 1936 Routes and Rural Lands Protection Acts, 1944 to 1951,” to 1951.” as well as the plant commonly known as water hyacinth and any other weed or plant declared, by a by-law of the Local Authority passed for that purpose, to be a noxious weed or plant. (b) In so far as the obligation to destroy any noxious weed or plant growing upon any road or land under the control of the Local Authority is not imposed or imposable upon the Local Authority under or in pursuance of * “ The Stock Routes arid Rural Lands Protection Acts, 1944 to 1951,” that obligation is hereby imposed by this Act upon the Local Authority.” (ii.) By repealing in subsection three of that section the words “ When any such noxious weed or plant ” and by inserting, in lieu of those* repealed words, the words “ Subject to subsection one of this section, when any noxious weed or plant ”. (iii.) By adding to the said subsection three the following paragraph, namely :— I “ A person who fails in any respect to comply with the requirements of a notice under this subsectijon shall be guilty of an offence and liable to a penalty not exceeding twenty pounds and to an added penalty of not more than one pound for each and every day during which that offence is continued by him.” (iv.) By repealing in subsection four of that section all words from and including the words “ and in addition all persons ” to the end thereof and by inserting, in lieu of those repealed words, the words “ and, with respect to any land or reserve, the Local Authority may exercise its powers under this subsection notwithstanding that no person has in relation to that land or reserve been prosecuted or convicted for an offence under subsection three of this section.” 8. The following section is inserted after sectionNew 49 d 49c of the Principal Act, namely :— loser ' “ [49 d .] Subject to this section, a Local Authority Hostels for may (and it is hereby declared always could), as a children function of Local Government, establish and maintain, * 8 G. 6 No. 16 and amending Acts.

446 LOCAL AUTHORITIES. P art ii .— ' ---------------------------------------------------------------------------------------------------------------------------- - A“™ t U r TS Local Government, Etc., Act (No. 2). 15 G eo . VI. No. 40,1951. L ocal OOVERNMENT ' ' ' ' ------------------ — A cts , 1936 . . to 1951 ,” or aid any other Local Authority or Local Authorities in establishing and maintaining, either within or without its Area, any hostel for the accommodation of children living away from home for the purposes of attending school. A Local Authority shall make such arrangements for the operation and management of any hostel as aforesaid established by it as are necessary to secure the well-being, care, and supervision ofchildren accommodated thereat.” onS*61143 9. The rules set out in the Third Schedule to the Schedule. Principal Act are amended as follows:— (a) Subrule three of rule forty-one is amended by repealing the words,“seven days” and by inserting, in lieu of those repealed words, the words “ one month ”. (b) Rule fifty-nine is amended by repealing the words and figures “ and closes on the day of , 19 ,” where those words appear in the form set out in that rule, and by inserting in that form, in lieu of the words and figures so repealed, the words and figures “and closes at noon on the day of , 19 (c) Rule sixty-two is amended by repealing paragraph (vi.) thereof and by inserting, in fieu of that repealed paragraph, the following paragraph, namely:— “ (vi.) The time at and the date on which the poll will close.” (d) Subrule eight of rule sixty-five is amended— (i.) By repealing in the first paragraph of that subrule the words “ and one o’clock in the afternoon of the day ” and by inserting, in lieu of those repealed words, the words ” and noon of the day ”. (ii.) By repealing in the second paragraph of that subrule the words “ one o’clock ” and by inserting, in lieu of those repealed words, the word “ noon (e) Rule sixty-seven is amended by repealing the words “ At one o’clock in the afternoon ” and by inserting, in lieu of those repealed words, the words “ At noon ”.

LOCAL AUTHORITIES. 447 P rA a A r X t I m II . .— — 1 Eiiiz. II. No. 18,1952. Local Government Finance Act. A mendments o no f “ “ T T h nu e C ity of B risbane A cts , 1924 TO 1951.” P art 111.—A mendments of * “ T he C ity of B risbane A cts , 1924 to 1951.” 10. This Part III. of this Act shall be read as one c°5f^2^°“ with * “ The City of Brisbane Acts, 1924 to 1951,” and that^d " Act and this Part III. may be collectively cited as “ The collective City of Brisbane Acts, 1924 to 1951.” e' 11. The second proviso to the first paragraph of^“ei^“®nt subsection one of section sixteen of * “ The City of 15 Geo. v. Brisbane Acts, 1924 to 1951,” is amended by repealing,No- 32 in that proviso, the words “ by reason of His Majesty’s visit to Australia in that year ” and by inserting, in lieu of those repealed words, the words “ by reason of any member or members of the Royal Family visiting Australia in that year ”. An Act to Enable Local Authorities to liaise Moneys during the Financial Year com- G o ^ rnmhnt ** v ___ F inance A ct menced on the First day of July, One OF1952 thousand nine hundred and fifty-one for the oarrying on of work which those Local Authorities are unable to Finance by Authorised Borrowings. [A ssented to 22 nd A pril , 1952.] HEREAS during the financial year commenced on Preamble. the first day of July, one thousand nine hundred and fifty-one— (а) Various Local Authorities have obtained, under and in pursuance of section twenty-eight of f “ The Local Government Acts, 1936 to 1951,” the sanction of the Treasurer authorising them to enter upon negotiations to borrow moneys for certain work or works ; (б) Certain of those Local Authorities have been unable to borrow, in whole or in part, such moneys; and * 15 G. 5 No. 32 and amending Acts, f 1 G. 6 No. 1 and amending Acts.