Local Government (Public Air Raid Shelters) Loans Act of 1942 (6 Geo Vi No. 31) (Qld)

WAR LEGISLATION. 6 GEO. VI. No. 31, 1942. Local Government, Etc., Loans Act. 323 An Act to Provide for Defraying the Cost of Con- 6 GEO. VI. No. 3I. structing Public Air Raid Shelters in the GTOHVEERLNOMOEANLT Areas of Local Authorities, and for other (PUB R L A IC ID AIR SHELTERS) purposes. LOANS AOT OF 1942. [ASSENTED TO 4TH DECEMBER, 1942.] B- E it enacted by the King's Most Excellent Majesty! by and with the advice and consen't of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I This Act may be cited as " The Local Government Short title. (Public Air Raid Shelters) Loans Act of 1942." 2 (1.) Every Local Authority shall, and it is Liability of :r hereby declared always was liable to, pay a proportion ~ o~~ l .t as determined by the Governor in Council of all moneys fo~ CO~ ~ I e A xcpte, nbdyedth, ewUhentdheerr bSeefcorreet, aroyn foorr aPfutebrli . tchWe poarsksisn-g of this ri p~ n b a d i l tI i s ch sA al e i r t e e ra r . s (i.) In or in connection with the construction of any air raid shelter or air raid shelters which the said Under Secretary has (and whether before or after or partly before and partly after, the passing of this Act) constructed or caused to be constructed in the area of such Local Authority; or (ii.) In or in connection with the supplying of labour and/or materials which the said Under Secretary has (and whether before, or after, or partly before and partly after the passing of this Act) supplied or caused to be supplied for or in cOlmection with the construction of any air raid shelter or air raid shelters in the area of such Local Authority; or (ill.) In supplying money to such Local Authority (whether by way ofadvance, gift, or reimburse- ment of expenses or otherwise) for or in connection with the construction of any air raid shelter or air raid shelters constructed (and whether before or after, or partly before and partly after the passing of this Act) in the area of such Local Authority pursuant to any Order or with the object hereinafter mentioned in section six of this Act.

324 WAB LEGISLATION. Local Government, Etc., LoaM Act. 6 GEO. VI. No. 31, (2.) The balance of all such moneys so expended as aforesaid remaining after the Governor in Council has determined the proportion of such moneys. payable by the Local Authority in question shall, subject to the necessary appropriation by Parliament, be paid from the Consolidated Revenue Fund. For the purposes of any such appropriation any such balance may be deemed to be a subsidy to such Local Authority. (3.) Nothing in this section shall render a Local Authority liable for any payment in respect of the cost of any air raid shelter which the Under Secretary for Public Works has (and whether before or after or partly before and partly after the passing of this Act) constructed or caused to be constructed in or in connection with any building the property of the Crown in the area of such Local Authority and so constructed for the accommodation of persons who in normal circumstances are or would be in such building. Treasury 3. (1.) All moneys which a Local Authority is lLooacnasl to liable to pay pursuant to a determination made by the Authorities. Governor in Council under section two of this Act shall be deemed to be and to have always been a loan borrowed by such Local Authority from the Treasurer and the Governor in Council shall, and it is hereby declared always was authorised to, declare the amount deemed to be so borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions of the redemption of the loan, and such other conditions in respect thereof as the Governor in Council thinks fit to impose: Provided that there shall not be included in any such loan any amount of such moneys paid to the Treasurer by such Local Authority before the date when the Governor in Council declared the amount deemed to be borrowed. (2.) The provisions of subsection one of this section shall have operation and effect notwithstanding that the Local Authority in question has not complied with the provisions of subsection three of section twenty-eight of *" The Local Government Acts, 1936 to 1941," anQ no * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et seg.

WAR LEGISLATION. 325 1942. Local Government, Etc., Loans Act. poll as to whether or not the electors of such Local Authority consent to the obtaining of such loan shall be required. 4. For the purpose of enforcing the due repayment Recovery of the principal and interest moneys of any loan which : : ~ : n t s his a Local Authority is, under this Act, deemed to have Act. borrowed from the Treasurer, or of any instalment thereof, the Treasurer shall have and may exercise all of the powers, rights, and remedies conferred upon him by *" The Local Government Acts, 1936 to 1941" in. case of default by a Local Authority in repaying a loan borrowed by it from the Treasurer under that Act. 5. The annual interest and redemption of any loan Rating for liability deemed under section three of this Act to be fo' : i= e~ f incurred by a Local Authority may be defrayed from the this Act. general rate or such Local Authority may make and levy a special loan rate for the purpose of defraying such interest and redemption. 6. (1.) Where any air raid shelter or air raid Authority to shelters has or have been constructed (whether before or ~ ~~ority :::rl after, or partly before and partly after the passing of to borrow this Act) in the area of a Local Authority pursuant or to the Order made by the Premier of this State on shelter . the twenty-third day of December, One thousand nine constructIon. hundred and forty-one, in pursuance of the powers vested in him by Regulation 35A of the National Security(General)Regulations or pursuant to any subsequent Order amending or substituted for the Order first herein- before mentioned and made, whether before, on, or after the passing of this Act, by the said Premier in pursuance of his hereinbefore mentioned powers, or, in the case of any such air raid shelter so constructed otherwise than pursuant to any such Order, with the object of affording protection for the inhabitants normally in the streets of any city or town in or constituting such area, or in the business premises adjacent thereto, such Local Authority shall have, and it is hereby declared always had, power to borrow money from the Treasurer under t" The Local Bodies'Loans Guarantee Acts, 1923 to 1936," for the purposes of such construction. * 1 G. 6 No. 1 and amending Acts. See v. 5, pp. 826 et 8eq. t 14 G. 5 NQ. 8 and amending Act. See v. 5, pp. 1073 et 8eq.

326 WAR LEGISLATION. 6 GEO. VI. No. 31, 1942. Local Government, Etc., Loans Act. Limit to loan and subsidy. Brisbane City Council. No poll as to whether or not the electors of a Local Authority consent to the obtaining of any such loan shall be required in the case of moneys borrowed by a Local Authority under this section. (2.) Subject to the necessary appropriation by Parliament, a subsidy equal to such proportion as the Governor in Council shall determine of the costs incurred by a Local Authority in or in connection with the construction of any such air raid shelter or air raid shelters as aforesaid may be, and it is hereby declared always could be, granted by the Crown to such Local Authority and thereupon the amount of loan authorised to be borrowed by such Local Authority under this section shall be a sum equal to the balance of such costs remaining after deducting such subsidy. 7. (1.) A Local Authority which has constructed or caused to be constructed air raid shelters in excess of the number thereof required in its case by the Order or Orders hereinbefore mentioned in section six of this Act shall not be entitled to a loan and subsidy under this Act in respect of such excess air raid shelters unless the Governor in Council is satisfied that the number of air raid shelters in respect of which application is made for loan and subsidy were required to afford reasonably adequate protection for the inhabitants normally in the streets of any city or town in or constituting its area or in the business premises adjacent thereto. (2.) Nothing in this Act shall entitle a Local Authority to a subsidy from the Crown in respect of the cost of any air raid shelter constructed by such Local Authority in or in connection with any building which it owns and so constructed in order to comply, as a property owner, with the provisions of the Order or Orders hereinbefore mentioned in subsection one of section two of this Act or with the provisions of any other Act or law amending or substituted for such Order or Orders. 8. In this Act the term " Local Authority" includes Brisbane City Council.