Main Roads Acts Amendment Act of 1968 (Qld)

130 ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1968 An Act to Amend "The Main Roads Acts, 1920 to 1965," in certain particulars (ASSENTED TO 19TH APRIL, 1968] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as "The Main Roads Acts Amendment Act of 1968." (2) Principal Act. " The Main Roads Acts, 1920 to 1965," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Main Roads Acts, 1920 to 1968."

Maier Roads Acts Amendment Act of 1968, No. 16 131 2. Amendments of s. 2 . Section two of the Principal Act is amended by- (a) omitting the definition " Authorised officer" and inserting in its stead the following definition- "Authorised person "-Any person who has been authorised by the Commissioner under this Act to do and perform the act or thing in question. (b) omitting the definition " Declared road " and inserting in its stead the following definition:- " " Declared road "-Any road declared to be- (a) a State highway; (b) a main road ; (c) a developmental road; (d) a secondary road; (e) an urban arterial road; or (f) an urban sub-arterial road, under this Act and includes any part of any such road; "; (c) omitting the definition " Median " and inserting in its stead the following definition:- "Median "-A strip of a road formed, prepared or set aside (including by means of the construction, erection. placing or marking thereon or therein of anything) so as to divide such road longitudinally into separate carriageways;": (d) inserting after the definition " Minister " the following definition:- " " Motorway "-Any declared road designated a motorway under this Act, or any part of such road;"; (e) inserting after the definition " Occupier " the following definition:- " " Officer "-The Deputy Commissioner of Main Roads, the Chief Engineer, an Assistant Commissioner of Main Roads, the Secretary, or other officer appointed for the due and proper administration of this Act; "; (f) omitting the definition " Permanent works " and inserting in its stead the following definition:- ""Permanent works "-Includes any new declared road and all permanent improvements to any declared road;"; and (g) adding the following definitions:- " " Traffic device "-Any post, fence, raised paving, roundabout, safety zone, traffic island, median, place of refuge or other work or structure erected, placed or marked on or upon any road by the Commissioner under this Act; " Urban arterial road "-Any road declared to be an urban arterial road under this Act, or any part of such road: " Urban Roads Fund "-The Urban Roads Fund created by this Act; " Urban sub-arterial road "-Any road declared to be an urban sub-arterial road under this Act, or any part of such road;". 3. Amendment of s. 3 (4). Subsection (4) of section three of the Principal Act is amended by omitting the words " the Consolidated Revenue " and inserting in their stead the words " the Fund ".

132 Main Roads Acts Amendment Act of 1968, No. 16 4. Amendment of s. 4 . Section four of the Principal Act is amended by- (a) omitting the words " the Deputy Commissioner, the Secretary and an Assistant Commissioner " and inserting in their stead the words " and of any officer "; and (b).omitting all words from and including " any such signature " to and including the end of the section and inserting in their stead the words " it is the seal or, as the case may be, signature it purports to be and that it was duly affixed ". 5. Insertion of new s. 6A. The Principal Act is amended by inserting after section six the following section:- " [6A.] Authorised persons. (1) The Commissioner may by instrument in writing under his hand authorise any person to do and perform such acts and things as are specified in such instrument. The Commissioner may authorise the holder of any office to do and perform the acts and things specified and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may do and perform without further or other authority and while he holds or occupies or performs the duties of that office the acts and things specified. (2) The Commissioner may, at his will, revoke an authority given by him under this section." 6. Amendment of s. 7. Section seven of tale Principal Act is amended by adding the following subsection:- " (5) Any instrument, document or writing whatsoever which purports- (a) to be signed by any person; and (b) to be a licence, permit, approval, document or writing under or for any purpose of this Act (including the exercise or performance by the Commissioner of any power, authority, function or duty conferred or imposed upon him by this Act), shall be presumed to have been granted, issued, made, given or done by such person in accordance with an instrument of delegation under this section and, until the contrary is proved, shall accordingly be as valid and effectual as if it had been granted, issued, made, given or done by the Commissioner.". 7. Amendments of s. 9. Section nine of the Principal Act is amended by- (a) omitting from subparagraph ( a) of paragraph ( 1) the •words " and secondary roads " and inserting in their stead the symbols and words ", secondary roads, urban arterial roads and urban sub-arterial roads "; (b) omitting paragraph ( 5) and inserting in its stead the following paragraph:- " (5) He may install , erect , place , form , prepare, set aside or mark any traffic device in , upon or over any road for the purposes of this Act,". 8. Renumbering of section . The section of the Principal Act numbered 9A which was inserted therein by section forty-one of " The Traffic Acts and Other Acts Amendment Act of 1965," is renumbered as section 9B.

Main Roads Acts Amendment Act of 1968, No. 16 133 9. Amendments of s. 10 . Section ten of the Principal Act is amended by- (a) omitting subsection (3) and inserting in its stead the following subsection: " (3) Whenever under this Act- (a) a road is declared a State highway, main road, developmental road, secondary road, urban arterial road or an urban sub- arterial road; (b) such a road is newly made; or (c) a deviation is made from a declared road, the map shall be altered accordingly and the Commissioner shall forward to each Local Authority concerned sufficient information to enable the alteration of the map to be marked on the copy of such portion of the map sent to and in the custody of each such Local Authority. It shall be the duty of each such Local Authority within seven days after the receipt of such information to cause such alterations to be distinctly marked on the copy of such portion of the map in its custody."; (b) omitting in subsection (5) all words after the words " any road marked " and inserting in their stead the words " thereon as a State highway, main road, developmental road, secondary road, urban arterial road or urban sub-arterial road is such a road.". 10.. Amendments of s. 11. Section eleven of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the word " or " appearing immediately after subparagraph (d) of the first paragraph; (ii) omitting subparagraph (e) of the first paragraph and inserting in its stead the following subparagraphs:- (e) Any road be declared an urban arterial road or urban sub- arterial road; or (f) Any State highway, main road. developmental road, secondary road, urban arterial road or urban sub-arterial road be declared to be no longer a State highway, main road, developmental road, secondary road, urban arterial road or as the case may be, urban sub-arterial road."; (iii) omitting in the paragraph commencing with the words " The Commissioner may at the time " the words and symbol " subparagraph (e) " and inserting in their stead the words and symbol " subparagraph (f) "; and (b) in subsection (3)- (i) omitting the first paragraph and inserting in its stead the following paragraph:- " The Governor in Council may by Proclamation confirm any recommendation of the Commissioner under subsection (1) of this section and thereupon the road, route or means of access the subject of the recommendation shall, according to the tenor of the recommendation- (a) be a State highway, main road, developmental road, secondary road, urban arterial road or, as the case may be, an urban sub-arterial road;

134 Main Roads Acts Amendment Act of 1968, No. 16 (b) cease to be a State highway, main road, developmental road, secondary road, urban arterial road or, as the case may be an urban sub-arterial road; or (c) (in the case of a recommendation under subparagraph (.f ) of the first paragraph of subsection (1) of this section which includes any other recommendation under that subsection) cease to be a State highway, main road, developmental road, •secondary road, urban arterial road or an urban sub-arterial road and be according to the other recommendation so included a State highway, main road, developmental road, secondary road, urban arterial road or an urban sub-arterial road."; (ii) omitting from the second paragraph the word, letter and symbol " subparagraph (e) " and inserting in their stead the word, letter and symbol " subparagraph (f) ". 11. Amendments of s. 11A. Section 1lA of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraph (a) and inserting in its stead the following paragraph:- " (a) The Commissioner may recommend to the Governor in Council that access to any State highway, main road, urban arterial road or urban sub-arterial road be limited."; (ii) omitting paragraph (b) and inserting in its stead the following paragraph:- " (b) Where the Commissioner pursuant to subsection (2) of section thirteen of this Act recommends to the Governor in Council that a new State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called the " new road ") or deviation from or widening of an existing State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called " the deviation ") be made, he may, at the time he makes such recommendation, or at any later time, recommend to the Governor in Council that when that new road or deviation is made, access to that new road or deviation be limited."; (iii) in paragraph (c)- (1) omitting the words " or main road " and inserting in their stead the words " main road, urban arterial road or urban sub-arterial road "; (2) omitting the words " and the Commissioner is of opinion that such road or part of a road will, when so required, be used primarily or principally as a through road "; (iv) in paragraph (d) omitting the words and symbol " and the Commissioner is of opinion that any road to be made on that land will, when so made, be used primarily or principally as a through road,"; (v) omitting paragraph (e) and inserting in its stead the following paragraph:- " (e) Where the Commissioner, in pursuance of this Act, has acquired land for the purposes of making thereon at some future time a State highway, main road, urban arterial road or urban sub-arterial road (in this paragraph called the " road ") or a deviation from or widening

Main Roads Acts Amendment Act of 1968, No. 16 135 of a road (in this paragraph called the " deviation ") the Commissioner may at any time after he has acquired that land recommend to the Governor in Council that, when the road or deviation is made, access thereto be limited."; (b) in subsection (4)- (i) omitting in paragraphs (c) and (d) the words " or main road " where appearing eight times and inserting in their stead wheresoever omitted the symbols and words ", main road, urban arterial road or urban sub-arterial road "; (ii) in paragraph (d) inserting after the words and symbols " State highway, main road," the symbols and words " urban arterial road, urban sub-arterial road;" and (c) in subsection (10) omitting from subparagraph (iv) of the proviso to paragraph (c)- (i) the words " new State highway or main road " where appearing twice and inserting respectively in their stead the words and symbols " new State highway, new main road, new urban arterial road or new urban sub-arterial road "; (ii) the words "or main road" and inserting in their stead the symbols and words ", main road, urban arterial road or urban sub- arterial road ". 12. Insertion of new s. 11B . The Principal Act is amended by inserting after section I IA the following section:- " [11B.] (1) Motorways . Creation of Motorway . (a) (i) The Commissioner may recommend to the Governor in Council that any State highway, main road, urban arterial road or urban sub-arterial road or any specified part of the width thereof be a Motorway. (ii) The Governor in Council may by Proclamation confirm any recommendation under subparagraph (i) of this paragraph and thereupon the State highway, main road, urban arterial or urban sub-arterial road or specified part the subject of the recommendation shall be a Motorway. Such a recommendation shall describe and specify the course and points of commencement and termination of the Motorway. The course and points of commencement and termination of, and the width of, the Motorway shall be delineated on a plan or map kept in the office of the Commissioner. A copy of such plan or map shall be kept in the District Office of the Commissioner which is related to the District wherein the Motorway concerned extends or if it extends into two or more such Districts then in the District Office to which each such District is related. Such plan or map and every copy thereof shall be open to public inspection at all times during which the office of the Commissioner and of the District Office or Offices is or are open for the transaction of public business. In this paragraph " District " means a District established by the Commissioner for the efficient and orderly despatch of his business. (b) (i) In respect of any road, part of a road or land the subject of a recommendation in accordance with subsection (1) of section IIA of this Act the Commissioner may further recommend to the Governor in Council that such road, part of a road or, as the case may be, land be designated a Motorway.

136 .Main Roads Acts Amendment Act of 1968, No. 16 Such further recommendation (in this section referred to as the " further recommendation ") may be made by the Commissioner at the time he makes the recommendation under subsection (1) of section 11A of this Act or thereafter. (ii) Subject to publishing and confirming the recommendation made under subsection (1) of section 11A of this Act by Proclamation as prescribed by subsection (3) of that section and upon being satisfied that the road, part of a road or, as the case may be, land should be a Motorway, the Governor in Council may by Proclamation (in this section called the " original Proclamation ") publish and confirm the further recommendation. The Governor in Council shall by the original Proclamation or by a later Proclamation fix a date on and from which the further recommendation shall take effect, but such date shall not be earlier than the date on which the recommendation made under subsection (1) of section 11A of this Act takes effect. Nothing in this paragraph (b) shall prevent the Governor in Council from publishing and confirming the further recommendation in the Proclamation made pursuant to subsection (3) of section 11A of this Act. (iii) The Governor in Council may in the original Proclamation or in a later Proclamation direct that the road, part of a road or, as the case may be, land shall be a proposed Motorway, which direction shall cease to have effect upon the road, part of a road or, as the case may be, land, becoming a Motorway. (iv) On and from the date so fixed in respect of a further recommendation, the road, part of a road, or road or part of a road comprised in the land concerned shall be a Motorway. (v) Where a road which is described on a plan or map pursuant to subsection (2) of section 1IA of this Act is the subject of a further recommendation, the Commissioner shall suitably redesignate such road on such plan or map and every copy thereof as a Motorway or, as the case may be, a proposed Motorway. (2) Provisions affecting proposed Motorway. The Governor in Council may by Order in Council from time to time determine that the provisions of this section (other than subsection (1)) specified therein shall apply to a proposed Motorway as if it were a Motorway and such provisions shall with and subject to all necessary adaptations apply accordingly. (3) Restriction on persons on Motorway. A person shall not enter into or be in or upon any Motorway unless he- (a) is the driver of or passenger in any vehicle; or (b) he has been permitted in writing by the Commissioner to be in or upon such Motorway. (4) Prohibition on parking , &c. (a) Notwithstanding anything contained in this Act or in any other Act or law a person shall not stop, park or stand any vehicle in, or cause or permit any vehicle to stop, park or stand in or on any portion of a Motorway unless such stopping, parking or standing is completely within a parking area set aside pursuant to paragraph (b) of this subsection.

Main Roads Acts Amendment Act of 1968, No. 16 137 (b) The Commissioner may set aside in any Motorway any parking area and may remove any such parking area. The Commissioner shall cause a parking area to be suitably marked by official traffic signs. (5) Regulation of traffic . (a) The Commissioner may from time to time by notification published in the Gazette prohibit a specified class or specified classes of vehicle from using the Motorway or part of the Motorway specified in the notification. Such a prohibition may be related to a time or period of time. The Commissioner shall install at each and every point of entry to the Motorway or, as the case may be, part of a Motorway an official traffic sign indicating the effect of the notification. (b) A person shall not use a vehicle or cause or permit a vehicle to be used, in contravention of a prohibition under paragraph (a) of this subsection. (c) In this subsection and in subsections (3) and (4) of this section the term "vehicle" has the meaning ascribed to that term by "The Traffic Acts, 1949 to 1967." (6) Regulation of public utilities . Notwithstanding anything contained in this Act or any other Act a person shall not install any tower, pole, wire, pipe, structure or thing in, on, over, or under any Motorway unless the Commissioner has given his prior consent in writing to such installation. In this subsection and in subsection (8) of this section " Install " means construct, make, mark, place or erect, or affix to any structure, repair, maintain, manage and control and " installation " has a cognate meaning. (7) Closure of road . Where the Commissioner considers it necessary to prevent access from a road (whether a declared road or not) to a Motorway he may close that road at the point where it joins the Motorway. (8) Regulation of advertising . (a) Any person who on or in the vicinity of a Motorway- (i) installs or causes to be installed any structure, device or hoarding for the purpose of the exhibition of any advertisement; or (ii) exhibits any advertisement, shall be guilty of an offence unless such installation or exhibition was permitted in writing by the Commissioner. (b) The Commissioner may, upon application, permit in writing the person named therein- (i) To install on or in the vicinity of the Motorway or part of the Motorway specified the structure, device or hoarding specified for the purpose of the exhibition of the advertisement specified; or (ii) To exhibit on or in the vicinity of the Motorway or part of the Motorway specified the advertisement specified.

138 Main Roads Acts Amendment Act of 1968, No. 16 (c) (i) Where on or in the vicinity of a Motorway a structure, device or hoarding for the purpose of the exhibition of any advertisement is installed or an advertisement is exhibited by any person without the permission of the Commissioner, the Commissioner may- (1) Where the structure , device , hoarding or advertisement is on a Motorway, take down and remove such structure, device or hoarding or remove or obliterate such advertisement; (2) Where the structure, device, hoarding or advertisement is in the vicinity of a Motorway, by notice in writing require the owner of such structure , device, hoarding or advertisement to take down and remove the same. (ii) A notice under subparagraph (2) of subparagraph (i) may specify the time within which any owner shall comply with the requirements thereof and may specify different times in relation to different requirements. (iii) If an owner fails to comply with any requirement of a notice under subparagraph (2) of subparagraph (i) -- (I) The Commissioner may himself comply with that requirement; (2). Such owner shall be guilty of an offence against this Act. Subparagraph (1) of this subparagraph (iii) applies so as not to exempt an owner from liability to be punished under subparagraph (2) of this subparagraph (iii). (d) In respect of any structure, device, hoarding or advertisement taken down and removed pursuant to paragraph (c) of this subsection, the Commissioner may sell by public tender or by public auction all or any materials therein and, if he makes such sale, shall apply the proceeds thereof towards defraying the costs of the sale and of taking down and removing the structure, device, hoarding or advertisement. In the event that he makes no such sale or that the proceeds of the sale or sales are insufficient to defray such costs, the Commissioner may recover such costs or the undefrayed balance thereof from the owner by action as for a debt in any court of competent jurisdiction. In the event that the proceeds from the sale of any materials in such structure, device, hoarding or advertisement are greater than the costs and expenses incurred by the Commissioner in taking down and removing the same and in making such sale, the surplus shall be paid to the owner of such structure, device, hoarding or advertisement. (e) The Commissioner may exercise and perform the powers and functions conferred upon him by this subsection irrespective of whether the structure, device, hoarding or advertisement in respect of which the power or function is to be exercised or performed, was installed or exhibited on the road or land comprised in a Motorway or in the vicinity of the road or land comprised in the Motorway prior to. upon or subsequent to such road or land becoming the whole or part of the Motorway. (9) (a) The Commissioner may with the approval of the Governor in Council take, purchase or lease any land abutting it Motorway for the purpose of this section. (b) The Commissioner may with the approval of the Governor in Council- (i) erect or place on such land any building. wall, or other structure or device;

Main Roads Acts Amendment Act of 1968, No. 16 139 (ii) lease or sublet such land together with any improvements thereon, for the purpose of providing facilities and amenities for the convenience of persons using the Motorway.". 13. Amendments of s. 13. Section thirteen of the Principal Act is amended by- (a) in subsection (4)- (i) omitting from the first paragraph the words " or a secondary road °' and inserting in their stead the words " a secondary road, an urban arterial road, or an urban sub-arterial road "; (ii) omitting from the third paragraph the words " or a secondary road " and inserting in their stead the words " a secondary road, an urban arterial road or an urban sub-arterial road "; and (b) in subsection (5) inserting respectively in paragraph (a) after the words " secondary road " where those words appear twice the symbols and words ", or urban arterial road, or urban sub-arterial road ". 14. Insertion of s. 14. The Principal Act is amended by inserting after section thirteen the following section:- " [14.] Commissioner may contribute to cost of roads. Where the Commissioner is of opinion that works on a road other than a declared road are necessary to enable an urban arterial road or an urban sub-arterial road to function efficiently as such he may with the approval of the Governor in Council enter into an agreement with the Local Authority within whose Area such firstmentioned road is situated providing for the carrying out of such works. The agreement shall specify the amount which the Commissioner shall contribute towards the cost of the carrying out of such works which amount shall not exceed one-half of such cost." 15. Amendments of s. 15. Section fifteen of the Principal Act is amended by in the first paragraph- (a) inserting after the words " or a secondary road " in subparagraph (a) the words " or an urban sub-arterial road "; and (b) inserting respectively after the words " or secondary road " where appearing three times the words " or urban sub-arterial road ". 16. Amendments of s. 18 (1). Subsection (1) of section eighteen of the Principal Act is amended by omitting the words " and placed to the credit of the Fund " where appearing twice. 17. Insertion of new s. 21A. The Principal Act is amended by inserting after section twenty-one the following section:- " [21A.] Regulation of means of access. (1) The Commissioner may in relation to any property abutting a declared road approve the means of access that may be used by vehicular traffic to or from such property and may prevent the use of means of access not so approved to or from such property by such method as he thinks fit which method may include the construction or laying out of any structure.

140 Main Roads Acts Amendment Act of 1968, No. 16 Without limiting the provisions of section thirty-nine of this Act. such regulations may be made under that section as are necessary or convenient for the carrying out or giving effect to this section. (2) Subsection (1) of this section shall not apply to any property unless it is within the class or classes prescribed." 18. Amendment of s. 22 (1). Subsection (1) of section twenty-two of the Principal Act is amended by omitting the words " or a main road " and inserting in their stead the symbols and words ", a main road, an urban arterial road or an urban sub-arterial road ". 19. Insertion of s. 23. The Principal Act is amended by inserting after section twenty-two the following section:- " [23.1 Carrying out works for Local Authority on declared road. (1) Where a Local Authority desires to have carried out permanent works on or in relation to a declared road within its Area additional to those considered necessary at that time by the Commissioner the Commissioner may enter into an agreement with the Local Authority with respect to the carrying out of such works. Such an agreement shall provide that the cost of the works shall be borne wholly by the Local Authority or partly at the cost of the Local Authority and partly at the cost of the Commissioner. (2) The amount payable by the Local Authority under such an agreement shall be paid initially by the Commissioner out of the Fund. Any amount so paid by the Commissioner shall, notwithstanding anything contained in any other Act be and be deemed to be a loan advanced by the Treasury and the provisions of subsection (1) of section 33A of this Act in relation to the period of the loan, the rate of interest, the liability of the Local Authority and the levying of a special Loan Rate shall with and subject to all necessary adaptations apply to a loan so deemed." 20. Amendment of s. 26B . Section 26n of the Principal Act is amended by omitting subsection (2). 21. Amendment of s. 29. Section twenty-nine of the Principal Act is amended by- (a) inserting after the words " credited to the Fund " in paragraph (c) the words " or to the Urban Roads Fund ". (h) adding the following paragraph:- 6. (e) Towards the payment of moneys appropriated from the Fund by Parliament to the Urban Roads Fund.". 22. Insertion of new s. 29A. The Principal Act is amended by inserting after section twenty-nine the following section:- " [29A.] Urban Roads Fund . (I) There shall be created in the Treasury a Fund to be called "The Urban Roads Fund ". (2) To the credit of this Fund there shall be placed- (a) All moneys appropriated by Parliament from the Main Roads Fund;

:Hain Roads Acts Amendment Act of 1968, No. 16 141 (b) All moneys received by the Commissioner for expenditure in connexion with works on urban arterial roads , urban sub- arterial roads and on any roads pursuant to section fourteen of this Act; (c) All moneys received or recovered by the Commissioner with respect to works on urban arterial roads and urban sub-arterial roads and on roads pursuant to section fourteen of this Act. (3) The moneys to the credit of the Urban Roads Fund shall be applied towards the payment of all expenses necessarily incurred (other than interest and costs of redemption on moneys obtained from Loan Funds) in connexion with works on urban arterial roads, urban sub- arterial roads and on any roads pursuant to section fourteen of this Act.". 23. Amendment of s. 32. Section thirty-two of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) The total cost of making permanent works and of the maintenance of declared roads shall in the first instance be paid by the Treasurer upon vouchers of the Commissioner- (a) in respect of declared roads other than urban arterial roads and urban sub-arterial roads, from the Fund; and (b) in respect of urban arterial roads and urban. sub-arterial roads, from the Urban Roads Fund.". 24. Amendments of s. 33 (2). Subsection (2) of section thirty-three of the Principal Act is amended by- (a) omitting subparagraph (a) and inserting in its stead the following subparagraphs:- (a) A Local Authority shall not incur any liability on account of being benefited by the construction of permanent works on a State highway or on an urban arterial road; (al) The amount to be charged to any Local Authority on account of being benefited by the construction of permanent works on an urban sub-arterial road shall not exceed one-half of the total cost of such permanent works; ". 25. Amendment of s. 38 (2). Section thirty-eight of the Principal Act is amended by omitting from subsection (2) the words " authorised officer " and inserting in their stead the words " authorised person ". 26. Amendment of s. 40. Section forty of the Principal Act is amended by- (a) in subsection (2) omitting the words " authorised officer " and inserting in their stead the words " authorised person "; (b) in subsection (3) omitting the words " authorised officer" and inserting in their stead the words " authorised person "; (c) omitting subsection (7) and inserting in its stead the following subsection:- "(7) The power to make, with respect to any persons, matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited

142 Main Roads Acts Amendment Act of 1968, No. 16 application according to time, place, purpose, class, description or circumstance. or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things." 27. Repeal of el. 2 of Schedule. The Schedule to the Principal Act is amended by omitting clause 2. 28. Amendment of el. 8 of Schedule . Clause 8 of the Schedule to the Principal Act is amended by omitting the words " authorised officer " and inserting in their stead the words " authorised person ". 29. Repeal of and new cl. 10 of Schedule . The Schedule to the Principal Act is amended by repezlinc clause ten and inserting in its stead the following clause:- " 10. Closure of roads. The closure for any period of time deemed necessary by the Commissioner of any road (whether or not it is a declared road) or any part thereof (a) (in the case of a declared road) which is deemed unsafe for public traffic; (b) (in the case of any road) for the purposes of carrying out of any works under this Act.". 30. Amendment of cl. 11 of Schedule . Clause 11 of the Schedule to the Principal Act is amended by in the first paragraph omitting the words " not exceeding three guineas ". 31. Amendment of cl. 12 of Schedule . Clause 12 of the Schedule to the Principal Act is amended by omitting the words " authorised officers " and inserting in their stead the words " authorised persons ". 32. Amendment of ci. 13 of Schedule . Clause 13 of the Schedule to the Principal Act is amended by- (a) inserting after the third paragraph (being the paragraph commencing with the words " Prescribing the conditions to be complied with ") the following paragraph:- " Providing that the registration or renewal of the registration of motor vehicles may be subject to such terms and conditions as may be determined by the Commissioner and providing for the cancellation of any registration or renewal of registration in the event of a failure to comply with such a term or condition."; (b) omitting the eleventh paragraph (being the paragraph commencing with the words " Prescribing the method "). 33. Amendment of cl. 14 of Schedule . Clause 14 of the Schedule to the Principal Act is amended by- (a) in the first paragraph, omitting the words " authorised officer " and inserting in their stead the words " authorised person "; (b) in the second paragraph, omitting the words " authorised officer " and inserting in their stead the words " authorised person ".

Main Roads Acts Amendment Act of 1968, No. 16 143 34. Repeal of and new cf. 33 of Schedule . The Schedule to the Principal Act is amended by repealing clause 33 and inserting in its stead the following clause:- 33. Weights of vehicles and loads . Regulating- (a) the weight of vehicles on roads; (b) the weight of loads on vehicles on roads; (c) the weight of vehicles on roads together with the loads on such vehicles; (d) the weight on any axle or axles or tyre or tyres of vehicles on roads. Prescribing the maximum number of passengers and the maximum load that may be carried in or on vehicles on roads and making it an offence to carry a number of passengers or a load greater than that prescribed. Providing for- (a) the inspection, weighing and measuring of vehicles; (b) the inspection, weighing and measuring of any load therein or thereon; (c) the inspection, weighing and measuring of any vehicle together with the load therein or thereon; (d) the weighing and measuring of the weight on any axle or axles, tyre or tyres of vehicles; (e) the checking of the number of passengers in or on vehicles: (f) the inspection and checking of books, documents, and records in vehicles or relating thereto or to any passengers or loads in or on vehicles; (g) the measurement of and the determination of the weight of loads in or on vehicles by reference to a prescribed scale for varying classes of goods. Providing for, prescribing, regulating and controlling the use of instruments for the purpose of such weighing and measuring, as aforesaid. Providing for the stopping of any vehicle on any road or in any place. Prescribing methods to be used and the computations to be made to determine the weight of a vehicle, the weight of the load on a vehicle, the weight of a vehicle together with the load on the vehicle and the weight on any axle or axles or. tyre or tyres on a vehicle, where such weight is not determined by a single weighing. Requiring owners, drivers and the person in charge of any vehicle to permit and aid in- (a) the inspection, weighing and measuring of such vehicle: (b) the inspection, weighing and measuring of any load therein or thereon:

144 Main Roads Acts Amendment Act of 1968, No. 16 (c) the inspection, weighing and measuring of the weight on any axle or axles , tyre or tyres of such vehicle; (d) the checking of the number of passengers therein or thereon; (e) the inspection and checking of books, documents, and records therein or relating thereto or to any passengers or load therein or thereon. Providing for- (a) the putting of questions by members of the Police Force and authorised persons to owners, drivers and persons in charge of vehicles; (b) the furnishing of information and particulars with respect to any vehicles , passengers or load therein or thereon to members of the Police Force or authorised persons by owners, drivers and persons in charge of vehicles as required by such members or persons; (c) the making or giving to owners, drivers and persons in charge of vehicles for the purpose of any such inspection weighing or measuring as aforesaid any requirement or direction by members of the Police Force or authorised persons including but without limiting the generality thereof- (i) a direction to travel to any weighbridge or weighing device specified and to drive onto such weighbridge or weighing device; (ii) a direction given orally or by means of any sign or device to drive onto any weighbridge or weighing device; (iii) a direction to hold a vehicle stationary on any weighbridge or-weighing device; (iv) a direction to remove any vehicle from any weighbridge or weighing device or the vicinity thereof and take such vehicle to a place specified ; (v) a direction to adjust the load on any vehicle in order to comply with the regulations; (vi) a direction to remove a specified portion or portions of the load from any vehicle prior to travelling on any road; (vii) a direction to remove a vehicle from a weighbridge or weighing device, to remove a specified portion or portions of the load therein or thereon and thereupon drive such vehicle onto such weighbridge or weighing device; (viii) a requirement to produce forthwith any licence under " The Traffic Acts, 1949 to 1967 " or " The State Transport Acts, 1960 to 1965 " or any certificate or permit under this Act. Requiring owners; drivers and persons in charge of vehicles- (a) to answer questions put by members of the Police Force and authorised persons;

Main Roads Acts Amendment Act of 1968, No. 16 145 (b) to furnish to such members and persons information and particulars with respect to the vehicle concerned or the owner or the driver thereof or any passengers or load therein or thereon as may be required by such members and persons; (c) to obey and comply with any requirement or direction given by any such members and persons." 35. Amendment of cl. 34 of Schedule. Clause 34 of the Schedule to the Principal Act is amended by omitting the symbol and words ", having used or about to use declared ".