Local Government Validation of Powers Act of 1938 (2 Geo Vi No. 29) (Qld)

LOCAL GOVERNMENT. 2 GEO. VI. No. 29, 1938. Local Government Validation of Powers Act. LEGITIMATION. See MARRIAGE AND DIVORCE. LIENS, WAREHOUSEMEN'S. See MERCANTILE. 17187 LOCAL GOVERNMENT. An Act to Approve, Validate, and Confirm Certain 2 N G o E . O. 29V. I. Acts, Matters, and Things Purporting to G T O H V E ER L N O M C E A N l T . have been Done or Executed under "The O V F ALI P D O A W T E IO R N S ACT OF 193R. Local Government Act of 1936" and under "The Water Authorities Acts, 1891 to 1937"; and for other purposes. [ASSENTED TO 1ST DEOEMBER, 1938.] 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:- I. This Act may be cited as "The Local Government Short title. Validation of Powers Act of 1938." 2. Every budget including the separate budget Validation for every fund purporting to have been framed and ~ f certain adopted by a Local Authority as its budget under *"The A~ ~~ ority Local Government Act of 1936 ". for the year within the bu~ get: meaning of such lastmentioned Act commencing on the :~ d/~ ~ es first day of July, one thousand nine hundred and thirty- charges. seven, and for the year within the meaning of such lastmentioned Act commencing on the first day of July, one thousand nine hundred and thirty-eight, 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 month of August of the year concerned, and notwithstanding that the Local Authority did not adopt such budget on or before the thirty-first day of August of * 1 Geo. VI. No. 1, supra, page 16035.

17188 LOCAL GOVERNMENT. Local Government Validation of Powers Act. 2 GEO. VI. No. 29, the year concerned, and notwithstanding that the Local Authority failed to comply with any other provision of *"The Local Government Act of 1936 " with respect to such budget, be deemed to have been duly framed and adopted by the Local Authority under and for the purposes of *" The Local Government Act of 1936," 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 thirty-seven, or for the year commencing on the first day of July, one thousand nine hundred and thirty-eight, are, and are hereby declared to have always been, rates and/or charges the making and levying of which by the Local Authority under *"The Local Government Act of 1936 " or any other Act 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 have always 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 *"The Local Government Act of 1936." Vali~ ation of 3. The rate purporting to have been made and levied certam rates. by the Council of the Shire of Maroochy as a tramways rate pursuant to a resolution of the said Council made on the eighteenth day of January, one thousand nine hundred and thirty-eight, upon the rateable value of land in the said shire as follows :-Buderim area, two pence in the pound; Mapleton area, two pence in the pound; rest of the shire, two pence in the pound-in respect of the loan liability incurred by the said Council for the Palmwoods-to-Buderim Mountain Tramway and the Nambour-to-Mapleton Tramway, respectively, and which rate the said Council purported to levy upon each owner of rateable land in the Area by the service upon him of a rate notice notifying him of the amount of such * 1 Geo. VI. No. 1, supra, page 16035.

LOCAL GOVERNMENT. 1938. Local Government Validation of Powers Act. tramways rate so made in his case and demanding pay- ment thereof, and which rate the said Council purported to make and levy under and pursuant to *" The Local Government Act of 1936" for the year commencing on the first day of July, one thousand nine hundred and thirty-seven, is, and is hereby declared to have been at all material times, a rate validly and duly made and levied under and pursuant to such lastmentioned Act for such year, and the making and levying by the said Council of such rate for such year is hereby validated, ratified, and confirmed, and every owner of rateable land in the said shire is and is hereby declared to have always been legally liable to pay the amount of such rate so made and levied in his case for such year, and if he fails so to do the same may be recovered, and is hereby declared to have always been recoverable, by the said Council in any manner provided by law. The rate purporting to have been made by the said Council as a separate loan rate for tramways pursuant to a resolution of the said Council made on the twenty- third day of August, one thousand nine hundred and thirty-eight, upon the rateable value of land in the said shire as follows :-Buderim benefited area, four pence in the pound; Mapleton benefited area, two pence in the pound; balance of the shire, two pence half-penny in the pound-in respect of the loan liability incurred by the said Council for the Palmwoods-to-Buderim Mountain Tramway and the Nambour-to-Mapleton Tramway, respectively, which rate the said Council purported to make under and pursuant to *" The Local Government Act of 1936" for the year commencing on the first day of July, one thousand nine hundred and thirty-eight, is, and is hereby declared to have been at all material times, a rate validly and duly made and validly and duly leviable under and pursuant to such lastmentioned Act for such year, and the making and levying by the said Council of such rate for such year is hereby validated, ratified, and confirmed, and every owner of rateable land in the said shire shall be legally liable to pay the amount of such rate so made when levied in his case for such year, and if he fails so to do the same may be recovered and is hereby declared to be recoverable, by the said Council in any manner provided by law. * 1 Geo. VI. No. 1, supra, page 16035 17189

17190 LOCAL GOVERNMENT. Local Government Validation of Powers Act. 2 GEO. VI. No. 29, Powers of 4 In addition to all other powers and twhiethMrinesispteecrt authon· ·t· leS con £ erred upon h" lm In that behaIf b y *"TIne to certain Local Government Act of 1936 " the Minister shall at any abreenaesf. ited t' lme and f rom t' lme t 0 t' lme upon the re £ erence t 0 hl' m by the Local Authority of the question have, and is hereby declared to have always had, with respect to an area which pursuant to section forty-nine of such last- mentioned Act is and is deemed to be, in relation to the undertaking for or in respect to which it was defined, a benefited area defined by the Minister the power and 'authority to further consider the question as to whether such undertaking continues to be for the benefit of the whole Area or a particular part thereof, and the Minister shall have power to decide that question, and if he decides that part only of the Area is specially benefited, to define such part; and the Minister if he thinks fit and proper so to do, may divide the part, if any, defined into subdivisions according to the extent to which each is specially benefited. Certain 5. The Council of the Shire of Douglas has, and is vwaaltiedratreadte. s hereby declared to always have had, power and authority to make and levy water rates under t"The Water Authori- tie8Act8, 1891to1937," for the period of six calendar months commencing on the first day of January, one thousand nine hundred and thirty-seven, for the year commencing on the first day of July, one thousand nine hundred and thirty-seven, and for the year commencing on the first day of July, one thousand nine hundred and thirty-eight, within the Area constituted as "The Mossman Water 4rea " by an Order in Council bearing date the second day of June, one thousand nine hundred and thirty-eight, and published in the Gazette of the fourth day of June, one thousand nine hundred and thirty-eight, in the same manner and to the same extent as if the said Council were at all material times the duly constituted Water Authority for the said Area; and all water rates levied or purporting to have been levied under such lastmentioned Acts by the said Council as the Water Authority for the said Water Area for the period of six calendar months commencing on the first day of January, one thousand nine hundred and thirty- seven, for the year commencing on the first day of July, one thousand nine hundred and thirty-seven, and for the year commencing on the first day of July, one * 1 Geo. VI. No. 1, supra, page 16035. t 55 Vie. No. 11 and amending Acts, supra, pages 3536 et Beq. ~ 411

LOCAL GOVERNMENT. 17191 1938. Local Government Validation of Powers Act. thousand nine hundred and thirty-eight, are, and are hereby declared to have always been, water rates validly and lawfully made and levied, and it shall be immaterial that the said Council failed to define by by-laws made under *" The Water Authorities Acts, 1896 to 1937," or t" The Local Government Act of 1936," the principle upon which the amount of all or any such water rates should be assessed. , All such water rates as aforesaid are hereby ratified, validated, and confirmed, and every owner or occupier within the said Water Area is, and is hereby declared to have always been, legally liable to pay the amount of such water rates levied or purporting to have been levied in his case for the period of six calendar months commencing on the first day of January, one thousand nine hundred and thirty-seven, for the year commencing on the first day of July, one thousand nine hundred and thirty-seven, andlor for the year commencing on the first day of July, one thousand nine hundred and thirty-eight, and if he faill'l so to do the said amount shall be, and is hereby declared always to have been, recoverable by the said Council in any manner provided by law. 6. (1.) When land has been sold or not having been When sold has been acquired by the. Local Authority for :=:rs of arrears of rates under t" The Local Government Act of discharged. 1936" the Local Authority shall not be entitled, and it is hereby declared that the Local Authority never was entitled, to have or to make further claim or demand in respect of any arrears of rates which had accrued due in respect of the land. prior to such sale or acquisition, and the land shall be discharged of all such rates. (2.) The provisions of subsections two and three Oflnterpreta- s S hecat1i1obnefirfetayd- twanodofco t" n T st h ru e e L d o a ca s l b G e o I·n v g er I n . n me a n I' d t A 0 c f t a. o n f y19o3th6e"r p t tor i O o Vs n e ? ISr ~ vIOicnes aosf provision of that Act prescribing the mamier of service documents, of a particular notice, order, process, summons, or &c. other document under or for the purposes of that 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. * 55 Vic. No. 11 and amending Acts, liupra, page 3536 et seq. t I Geo. VI. No. 1, supra, page 16035.

17192 LOCAL GOVERNMENT-MARRIAGE AND DIVORCE. Legitimation Acts Amendment Act. 2 GEO. VI. No. 31, 1938. Construction 7. Every provision of this Act shall have operation of Act. and effect, and shall be deemed always to have operated and to have had effect, notwithstanding any- thing to the contrary contained in *"TheLocal Government Act of 1936" or in t" The Water Authorities Acts, 1891 to 1937," or in any other Act or law or rule of law or practice or process of law, and notwithstanding any judgment pronounced or order made by any court, judge, justice, or person acting judicially, and whether such judgment was or shall be pronounced or order was or shall be made before, on, or after the passing of this Act; and any such judgment so pronounced or order so made is hereby vacated and shall be void and of none effect whatever: Saving. Provided that nothing in this Act shall prejudice or affect the rights of any party to any judgment or under any order of any court of competent jurisdiction in any case where such judgment was given or order made prior to the first day of October, one thousand nine hundred and thirty-eight, or prejudice or affect the rights of any party on appeal from any such judgment or order. • "'11 MARRIAGE AND DIVORCE. 2 N G o E . O. 31 V . I. An Act to Amend "The Legitimation Acts, 1899 to THE LEGITIMATION 1936," in a certain particular. ACTS AMENDMENT ACT OF 1938. [ASSENTED TO 1ST DEOEMBER, 1938.] B E it enacted by the King'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 :- Short title. Collcctive title. 1. This Act may be cited as "The Legit£mation Acts Amendment Act of 1938," and shall be read as one with t"The Legitimation Acts, 1899 to 1936," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Legitimation Acts, 1899 to 1938." - - - ~ - - - - - - -- - - - - - - - - - - - - - - * 1 Geo. VI. No. 1, supra, page 16035. t 55 Vic. No. 11 and amending Acts, supra, pages 3536 et seg. t 63 Vic. No. 11 and amending Acts, supra, pages 2056 et seq.