Local Government Acts and Other Acts Amendment Act of 1943 (7 Geo Vi No. 13) (Qld)

LOCAL AUTHORITIES. 7 GEo.VI. No. 13, 1943. Local Government Acts and Other Acts, Etc., Act. 155 An Act to Amend" The Local Government Acts, 1936 7 4f: ~il.I. to 1943," "The City of Brisbane Acts, 1924 L~~!L .to 1943," "The Local Authority ( Grazing~ Eri~ Districts Improvement) Acts, 1930 to 1934," f~ ~ ~ ~ ~ ~ ~ . and "The State Transport Act of 1938" ; each in certain particulars. [AsSENTED TO 29TH APRIL, 1943]. B E it enacte~ by the ~ g' s Most Excellent Majes~ y, 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.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as " The Local Government Short title. Acts and Other Acts Amendment Act of 1943." 2. This Act is divided into Parts, as follows:- Parts of Act. PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF " THE LOCAL GOVERN- MENT ACTS, 1936 TO 1943" ; PART IlL-AMENDMENTS OF "THE CrTY OF BRISBANE ACTS, 1924 TO 1943"; PART IV. - AMENDMENT OF " THE LOCAL AUTHORITY (GRAZING DISTRICTS IMPROVE- MENT) ACTS, 1930 TO 1934." PART V.-AMENDMENT OF'" THE STATE TRANSPORT ACT OF 1938." PART II.- Al\lENDl\lENTS OF" THE PART Il.-AMENDME A NCTTSS, O 1F93 " 6 TTHOE 1 L 9 O 4 C 3 A . " L . GOVERNMENT 19 G 3 O 6 V L ~ E O ~ B T C N h A M 4 L 3 E . N " T 3. (1.) This Part of this Act shall be read as one Construction with *" The Local Government Acts, 1936 to 1943," herein (If Part H. in this Part referred to as the Principal Act. (2.) The Principal Act and the amendments made ~ ollective thereto by this Part may collectively be cited as " The title. Local Government Acts, 1936 to 1943." * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et 8~ q.

156 LOCAL AUTHORITIES. PART 11.- AlI O E F ND .. J T iE H II E ITS Local Government ActB and Other ActB, Etc., Act. 7 GEO. VI. No. 13, LOCAL GOVERNKI!INT - - - - - - - - - - - - - - - - - - - - - - - 1936 ~gT: 943. . . 4. The following provisoes are added to paragraph Amendment (ill.) of subsection four of section twenty-five of the oh. 25 (4) Principal Act as follows, namely:- (ill.). "Provided that, notwithstanding anything to· the contrary contained in this Act, the Local Authority may by resolution direct that during the state of War existing at the passing of *" The Local Government Acts and Other Acts Amendment Act oJ 1943" any surplus in the General Fund or in any Undertaking Fund at the end of any year or any part of any such surplus be disposed of in the manner following, that is to say : - [Post·War Reconstruc- tion Work and Services Reserve Fund.] (a) By transferring the same to a reserve fund to be called" The Post-War Reconstruction Works and Services Reserve Fund" ; and/or (b) In liquidation of any loan liability incurred by the Local Authority; and/or (c) In liquidation of the overdraft being extinguished by the Local Authority pur- suant to paragraph (viii.) of this subsection: Provided further that in disposing of any surplus or part of any surplus in the manner provided in the foregoing proviso, the following provisions shall be observed, namely:- (a) Where an Area is divided, and such Area is not divided for electoral purposes only, the Local Authority shall provide and keep a separate and distinct account of the relevant transactions relating to each division of the General Fund. Further, the Local Authority shall provide and keep a separate and distinct account ofthe relevant transactions of each of the Undertaking Funds; (b) Any moneys set aside in "The Post-War Reconstruction Works and Services Reserve Fund" shall be expended after the cessation of the state of War existing at the passing of *" The Local Government Acts and Other Acts Amendment Act oJ 1943" on works or services chargeable to the particular division of the General Fund or to the particular Undertaking Fund, as the case may be ; * This Act.

LOCAL AUTHORITIES. 157 1943. Local Government Acts and Other Acts, Etc., Act. PART 11.- AMIINDJl:BNTS 011' "THE LOOAL GOV1!RNlDlNT (C) Any moneys standing to the credit of the 1936 ~ ~ ' 943. " said " The Post-War Reconstruction Works and Services Reserve Fund" may be invested in any securities of, or guaranteed by, the Government of the Commonwealth or the State or on fixed deposit in any bank or in such other securities as may be approved by the Treasurer of Queensland." 5 Notwithstanding anything contained in the Petrol Principal Act or *" The Oity of Brisbane Acts, 1924 to ~,:rred 1940," or any by-law or ordinance made pursuant to idle, &c. such Acts, no charge or fee which, but for this section, may be made, levied, demanded or recovered by the Local Authority or the Council of the City of Brisbane when such Local Authority or Council grants a license to operate, manage, or maintain a petrol pump, shall, for the duration of the state of war existing at the passing of t" The Local Government Acts and Other Acts Amendment Act of 1943" and six months thereafter, be so made, levied, demanded or recovered if such petrol pump be idle, rendered useless, or be otherwise incapable of use by military necessity or by the exercise by the Pool Petroleum Proprietary Limited of functions and powers delegated to and conferred upon the said the Pool Petroleum Proprietary Limited by "The NationalSecurity (Petroleum Products Distribution) RegUlations" notified in the Oommonwealth Gazette of the first day of August, one thousand nine hundred and forty-two. Moreover, whilst such petrol pump be idle, rendered useless, or be otherwise incapable of use as aforesaid no claim for damages, injury, loss or for any other reason shall be enforceable against the Local Authority or the Council of the City of Brisbane by reason of the erection, situation or maintenance of such pump. PART III.- AlIlBNDMENTS OF "THE PART lIl.-AMENDMENTS OF "THE CITY OF BRISBANE ~:S~AC:B ACTS, 1924 TO 1943." 1924~ 943." 6. (1.) This Part of this Act shall be read as one Construction with *" The Oity of Brisbane Acts, 1924 to 1943," herein in of Part Ill. this Part referred to as the Principal Act. (2.) The Principal Act and the amendments made ~ ollective thereto by this Part may collectively be cited as " The tItle. Oity Of Brisbane Acts, 1924 to 1943." * 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et Bet}. t This Act.

158 LOCAL AUTHORITIES. PART IIl.- AMENDMENTS OF "THE B C R I I T S Y BAONFE Local Government Acts and Other Acts, Etc., Act. 7 GEO. VI. No. 13, ...- . _ _.._ ....._ .......- .. - .....- . ....._ ..- 1924 ~ gr~ · 943. " 7. The definition of the term " Minister" in section Amendment three of the Principal Act is repealed and the following of s. 3. 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 8. The following paragraphs are added to subsection OfB. 40 (2). two of section forty of the Principal Act, as follows, namely:- Mo~ eys . " Any moneys received by the Council in respect of ~: ; : ~ o} n plant requisitioned, c<?mpulsorily acquired,. or acquired requisitioned by purchase by the DIrector-General of AllIed Works or plant. his delegate pursuant to Statutory Rule number eighty- eight, made under the *National Security Act, 1939-40, on the twenty-sixth day of February, one thousand nine hundred and forty-two, and published in the Common- wealth Gazette of the same date, and any moneys received by the Council in respect of plant hired to the Director- General of Allied Works or his delegate or to the Commissioner of Main Roads or to any person or corporation where such plant be hired for use in the construction of any work being constructed for the defence of the Commonwealth during the state of War existing at the passing of t" The Local Government Acts and Other Acts Amendment Act of 1943 " shall be paid by the Council into the City Fund: Provided that, notwithstanding anything to the contrary contained in this Act, the Council may by resolution direct that the whole or any part of such moneys so paid into the City 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 Council for the purchase of the plant so requisitioned, com- pulsorily acquired, acquired by purchase or hired; and (b) To the establishment 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 Council deems fit for the purchase of new plant." * Commonwealth Acts No. 15 of 1939 and No. 44 of 1940. t This Act.

LOCAL AUTHORITIES. }59 1943. Local Government Acts and Other Acl8, Etc., Act. PART 111.- .AlIBNDJoIlIliITS 01' "THB CITY 01' BRIBBANB 9 The following provisoes are added to subsection 1924~ ~ 943: ' five of section forty-one of the Principal Act as follows, AmeI1dment namely :_ . ofa. 41 (5). "Provided that, notwithstanding anything to the Investment contrary contained in this Act, the Council may, by d~ ~ tus resolution, direct that, during the state of War existing state of war. at the passing of *" The Local Government Acts and Other Acts Amendment Act of 1943," any surplus in the City Fund at the end of any year or any part of any such surplus be disposed o!in manner following, that is to say:- (i.) By transferring the same to a Reserve Fund [:t.war to be called "The Post-War Reconstruction tiono.;!::- Works and Services Reserve Fund " . and/or and Services (ii.) In liquidation of any loan liability incurred Fund.] by the Council : Provided further that in disposing of any surplus or part of any surplus in the manner provided in the foregoing proviso the following provisions shall be observed, namely :- (i.) Any moneys set aside in "The Post-War Reconstruction Works and Services Reserve Fund" shall be expended after the cessation of the state of War existing at the passing of *" The Local Government Acts and Other Acts Amendment Act of 1943" on works or services chargeable to the City Fund; and (ii.) Any moneys standing to the credit of the said "The Post-War Reconstruction Works and Services Reserve Fund" may be invested in any securities of, or guaranteed by, the Government of the Commonwealth or the State or on fixed deposit in the Common- wealth Bank, or in such other securities as may be approved by the Treasurer of Queensland." PART IV.- AMENDMENT OF" THB LOOAL PART IV.-AMENDMENT OF "THE LOCAL AUTHORITY A= ~ Y (GRAZING DISTRICTS IMPROVEMENT) ACTS, 1930 TO J~ ~ ~NT) 1934." 1930 ~ ~ · 934. " 1O. (1.) This Part of this Act shall be read as one Construction with t" The Local Authority (Grazing Districts I mprove- of Part IV. ment) Acts, 1930 to 1934," herein in this Part referred to as the Principal Act. '" This Act. t 21 G. 5 No. 44 and amending Acts. See v. 3, pp. 96 et Beg.

160 LOCAL AUTHORITIES. PART IV.- AMENDMENT OF" THE Local Government Acts and Other Acts, Etc., Act. 7 GEO. VI. No.l3, LOCAL AUTHORITY b~ ~ ~: ~ (2.) The Principal Act and the amendment made IMP~ J: S~ ENT) thereto by this Part may collectively be cited as " The C 193 1 0 1 TO t' 1934." Lo calAt U hon . ty (GraZ' . tng D ~ ' stn . c ts Improtvem) en A cts, tiotlee. c lve 1930 to 1943." Amendment 11. Paragraph (b) of subsection one of section ( o b f ) s . . 43 (J) forty-three of the Principal Act is amended by repealing that part of the said paragraph commencing with the words" such by-laws may permit" and ending with the words "for the purposes of identification and destruction.', Moreover, any by-law made by a Local Authority permitting the whole of the skin of any specified animal to be produced in lieu of the scalp shall be read and construed as if the scalp only were to be produced. PART V.- AMENDMENT OFS; ~ ; ; E PART V.-AMENDMENT OF "THE STATE TRANSPORT AOT A~ : ~N: ~ ~ ~ l" OF 1938." Construction 12. (1.) This Part of this Act shall be read as one of Part V. with *" The State Tran8port Act of 1938," in this Part referred to as the Principal Act. Collective (2.) The Principal Act and the amendment made by title. this Part shall collectively be referred to as " The State Transport Acts, 1938 to 1943." oAfm s. en 2 d 7. ment amen 1 d 3 e . d Sbeyc.titohne tawdednittiyo- nsetvheenreotof tohfe aPnrienwcipsaulbsAeccttioins six, as follows : - Allocation "(6.) Notwithstanding anything to the contrary d w u a r r inpgt> l'iod. contained in this section, where during the state of the existing War a Local Authority (other than the Com- missioner of Main Roads, but including Brisbane City Council) has insufficient manpower and/or equipment to enable it to apply in and towards the purposes indicated in subsection four of this section, the whole or any part of the sum paid to it by virtue of the last-mentioned subsection, the Local Authority shall on receipt of the said sum paid to it place the same into the " Post-War Reconstruction Works and Services Reserve Fund" constituted pursuant to the provisions of t" The Local Government Acts, 1936 to 1943," and, in the case of Brisbane City Council, by t" The Oity of Brisbane Acts, 1924 to 1943." * 2 G. 6 No. 15. See v. 9, p. 538. t 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seq. t 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et seq.

LOCAL AUTHORITIES. 161 1943. Local Government Acts and Other Acts, Etc., Act. Such sum however shall be specifically set aside PART V.- AMENDMENT OF "THE STATE TRANSPORT ACT OF 1938." until the Local Authority is able to apply the same in and for the purposes indicated in subsection four of this section: Provided that the Local Authority shall be entitled to expend from such moneys so specifically set aside, such sums as shall be required for works other than as specified in the said subsection four on the approval by the State Transport Commission and the Commissioner of Main Roads of the schedule of the proposed works and the estimates of cost thereof, which schedule and estimate shall be submitted to the State Transport Commission and the Commissioner of Main Roads by the Local Authority accordingly. The provisions of this subsection shall apply and have effect as from the end of the financial year beginning on the first day of July, one thousand nine hundred and forty-one, and for subsequent financial years." LOCAL GOVERNMENT. See LOCAL AUTHORITIES. LOTTERY TICKETS, STAMP DUTY ON. See COMMONWEALTH AND STATES (FINANCIAL ARRANGEMENTS AND DEVELOPMENT AID ACT). MAIN ROADS. See ROADS. MAINTENANCE, OF TESTATOR'S FAMILY. See SUCCESSION. F