Main Roads Acts and Another Act Amendment Act of 1952 (1 Eliz Ii No. 14) (Qld)

ROADS. 1 E liz . II. No. 14, 1952. Main Roads, Etc., Amendment Act. REGIONAL ELECTRIC AUTHORITIES. See E lectricity . REGISTRATION OF STALLIONS. See S tock . REGULATION OF SUGAR CANE PRICES. See S ugab . 501 ROADS. An Act to Amend “ The Main Roads Acts, 1920 to 1 NEou. z. 14 I . I. 1943,” and “ The Traffic Act of 1949,” each RT ohabds MA acints and A nother in certain particulars. A ct A mendment A ct of 1952. [A ssented to 22 nd A pril , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B 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 art I.— P reliminary . 1. This Act may be cited as “ The Main Roads Short title Acts and Another Act Amendment Act of 1952.’ 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 M ain R oads A cts , 1920 to 1943 ;” P art III. —A mendments of f “ T he T raffic A ct of 1949.” P art II.— A mendments P art II.— A mendments of * “ T he M ain R oads A cts , M o a f in “ R T o h a e ds 1920 to 1943.” A cts , 1920 to 1943.” 3. This Part of this Act shall be read as One with Construction * “ The Main Roads Acts, 1920 to 1943,” and thfose Acts °^art n' and this Part of this Act may be collectively cited as collective “ The Main Roads Acts, 1920 to 1952.” tltle- * 10 G. 5 No. 26 and amending Acts. 113 G. 6 No. 26.

502 ROADS. P art II.— A mendments op “ T hb Main Roads, Etc., Amendment Act. 1 E liz . II. No. if4? M ain R oads A cts , 1920 TO 1943.” 4. Section two of * “ The Main Roads Acts, 1920 to Aofms.en2d. ment 1943,” is amended by repealing therein the definition “ Land ” and by inserting, in lieu of that repealed definition, the following definition, namely :— Land. “ “ Land ”—As well as land within the meaning assigned to that term by f “ The Public Works Land Resumption Acts, 1950 to 1951 ” (or by any Act amending or substituted for those Acts), includes any land, or any estate or interest in any land, held under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land: the term also includes any land held from the Crown under an occupation license under and within the meaning of J “ The Land Acts, 1910 to 1951 ” (or any Act amending or substituted for those Acts).” Aofms.en5d. ment 19435,” . Sisectaimonenfdiveedofb* y “ a T d h d e in M g a t i h n er R e o t a o ds th A e cts f , ol1lo92w0in to g paragraph, namely:— “ The Commissioner, as such corporation, for all the purposes of this Act shall have and may exercise all the powers, privileges, rights, and remedies of the Crown.” Amendments 6. Paragraph (3) of section nine of * “ The Main of s. 9. Roads Acts, 1920 to 1943,” is amended by inserting after the words “ for the parking of vehicles ”, where those words appear in the first subparagraph of the said paragraph (3), the words “ , or for widening the road in question, or for the erection of any telegraph line under and within the meaning of the § PostandTelegraphAct1901-1950 of the Commonwealth or any electric line under and within the meaning of I! “ The Electric Light and Power Acts, 1896 to 1946 ”. The said paragraph (3) is further amended by repealing the last three subparagraphs thereof (being all words therein from and including the words “For* * * § * 10 G. 5 No. 26 and amending Acts. f 6 E. 7 No. 14 and amending Acts. } 1 G. 5 No. 15 and amending Acts. § No. 12, 1901 and amending Acts of the Commonwealth. I! 60 V. No. 24 and amending Acts.

ROADS. 503 _ , ; PAST II.— 1952. Main Roads, Etc., Amendment Act. ; —— A o *" th 2 ts M ain R oads A ct 8 j 1920 the purpose of” to the end thereof) and by inserting, TO194S” in lieu of those repealed subparagraphs, the following subparagraphs, namely:— “ For the purpose of taking any land the taking of which by the Commissioner is authorised or approved by the Governor in Council under this Act, the Commissioner shall have and may exercise the powers of the Crown as a constructing authority under * “ The Public Works Land Resumption Acts, 1906 to 1951,” and those Acts, as modified by this Act, shall apply and extend accordingly : Provided that where the Commissioner shall have commenced to take any land under the provisions of this Act as in force immediately prior to the passing of f “ The Main Roads Acts and Another Act Amendment Act of 1952,” he may (and is hereby authorised to) continue and complete the taking of the land in question as if the said amendment Act had not been passed.” 7. The following section is inserted after section New s. iu eleven of J “ The Main Roads Acts, 1920 to 1943,”inaerted' namely:— j “ [22 a .] (2.) Upon the recommendation | of the Limited Commissioner and upon being satisfied that it is 8,00688 ro 8 necessary or desirable so to do in the interests of public safety or for other reasons, the Governor in Council may by Proclamation declare any State highway or main road or any portion of a State highway or main road, which has been designed especially for through traffic, to be a limited access road. The Governor in Council may by a later Proclamation revoke or amend, alter, vary or otherwise modify as he deems fit any proclamation made under this subsection. (2.) Upon the declaration as aforesaid of a limited access road the Commissioner shall— (a) Provide in such maimer and at such points as he deems safe means of access or routes for entering or leaving that limited access road; and * 6 E. 7 No. 14 and amending Acts, t This Act. t 10 G. 5 No. 26 and amending Acts.

504 ROADS. P art II.— A mendments of “ T he M ain R oads A cts , 1920 TO 1943." Main Roads, Etc., Amendment Act. 1 E liz . II. NO. 14, (6) Subject to so providing, may take all such steps and do all such things (including by erecting and maintaining fences or posts across any side road) as he deems necessary for preventing access to that limited access road except by such means of access and routes as he shall have provided as aforesaid. («?.) The driver of a vehicle or animal shall not cause, or attempt to cause, or permit or allow that vehicle or animal to enter or leave a limited access road otherwise than by a means of access or route for entering or, as the case may be, leaving that limited access road provided by the Commissioner. In this subsection the terms “ driver ” and “ vehicle ” shall respectively have the meanings assigned to those terms by * “ The Traffic Act of 1949”. (4.) A person shall not, without the prior consent in writing of the Commissioner, construct, form, or lay out or begin to construct, form, or lay out any means of access to or from a limited access road: ' Provided that, where the construction, formation, or laying out of such a means of access shall have been begun before the publication, in the Gazette of the proclamation declaring the road or portion of a road in question to be a limited access road, then, if the Commissioner shall refuse his consent as aforesaid, compensation as hereinafter provided by this section shall be payable. (5.) The Commissioner shall erect or place and shall maintain on every limited access road notices indicating the means of access or routes for entering or leaving the same provided by him. (6.) (a) Subject to the provisions of this subsection, any person having an estate or interest in land adjacent to a limited access road which is directly affected in an injurious manner by reason of any restriction in the use of such land consequent upon the operation of this section shall be entitled to recover from the Commissioner compensation for any loss or damage which he may sustain by reason of the land being so affected. (b) Any question as to whether compensation is payable under this subsection or as to the amount of compensation shall, in default of agreement, be * 13 G. 6 No. 26.

ROADS. 505 1952. Main Roads, Etc., Amendment Act. P art II— A mendments of “ T he M ain R oads A cts , 1920 determined by the Land Court and jurisdiction is hereby to 1948.” conferred upon that Court to hear and determine those questions. (c) In awarding compensation under this subsection in respect of any estate or interest in land, the compensation shall be a sum equal to the difference between the market value of 'the estate or interest when the piece of land is subject to the restrictions and what would have been the market value of that estate or interest if the piece of land had not been so subject: Provided that— (i.) In assessing the market value of the estate or interest when the piece of land is subject to the restrictions there shall be taken into account any modifications of those restrictions by reason of any consent given by the Commissioner under this section and any conditions attached to such consent or by reason of any undertaking given or proposed to be given by the Commissioner and any such consent, conditions or undertaking shall be embodied in the award of compensation; , (ii.) There shall be taken into account any benefit which may accrue to any land in which the claimant has an estate or interest by reason of the construction or improvement by the Commissioner or by any other person or authority at any time after the coming into force of restrictions under this section upon land adjacent to the land in respect of which compensation is claimed, of any road or other way subsidiary to such a road or by reason of the coming into force of the restrictions ; (iii.) If the piece of land has, since the date on which the restrictions came into force, become or ceased to be separate from other land, the amount of compensation shall pot be enhanced by reason of its having so become or ceased. For the purposes of this paragraph a piece of land shall be deemed to be separate from other land when the person having the estate or interest therein in respect of which compensation is claimed has not the like estate or interest in the other land.

506 ROADS. P art II.— A mendments op *• T he M ain B oads A cts , 1920 TO 1948.** Main Boads, Etc., Amendment Act. 1 E liz . II. No. 14r (d) Compensation under this section shall not be payable unless a claim therefor shall have been served on the Commissioner within twelve calendar months from the publication in the Gazette of the Proclamation declaring the limited access road. (e) The power to make, with respect to the Land Court, rules of court shall include power to make all such rules of, court as may be deemed necessary for any purpose of or related to the exercise by that court of its jurisdiction under this section: Provided that, subject to the provisions of this section and any such rules of court, the provisions of * “ The Public Works Land Resumption Acts, 1906 to 1951 ”, shall, subject to all necessary adaptations thereof, apply in respect of the making, hearing and determination of a claim for compensation or damages under this subsection, as if that claim were a claim for compensation under those lastmentioned Acts: Provided that those lastmentioned Acts shall not so apply so as to entitle any claimant for compensation or damages under this subsection to any sum not claimable or in excess of the amount claimable under, subject to and in accordance with the provisions of this subsection. ( 7 .) Notwithstanding the provisions of any other Act, or of any regulation, rule, by-law, or ordinance under any other Act, a person shall not drive any loose sheep, cattle, horses or other animals on or along any limited access road.” of Til”161118 ‘ 8. Section thirteen of f “ The Main Roads Acts, 1920 to 1943 ” is amended as follows :— (а) The words “ or a widening of ” are inserted after the words “or a deviation from ” where those lastmentioned words appear in subsection one of the said section thirteen. (б) The words “ or widening ” are added to subsection three of the said section thirteen. (c) The words “ or widening ” are inserted after the word “ deviation ” wherever appearing in subsection four of the said section thirteen. * 6 E. 7 No. 14 and amending Acts, f 10 G. 5 No. 26 and amending Acts.

ROADS. 507 F art ii .— 1952. Main Boads, Etc., Amendment Act. A mendments of “ T he M ain B oads A cts , 1920 ( d ) The following subsection is added to the said to 1943.*’ section thirteen, namely :— “ (7.) Where the Commissioner satisfies the Governor in Council that any land will be required at some future time for any works or purpose for which land may be taken under this Act by the Commissioner, the Governor in Council may, by Order in Council, approve of the taking of that land by the Commissioner. Nothing contained in the preceding provisions of this section or in any other provision of this Act shall limit or be deemed to limit the power of the Commissioner to take any land the taking of which has been approved as aforesaid, and any approval under this subsection may be given and the land in question taken notwithstanding that the future time when the land will be required for the works or purpose in question is indefinite or presently unascertainable or that those works or that purpose have not been or cannot be presently planned or otherwise particularised by the Commissioner.” 9. Section twenty-four of * “ The Main Roads Acts, Amendment 1920 to 1943,” is amended by inserting therein, after the 0 s'24’ numerals and brackets “ 32 (13) ”, the numerals and brackets “ 35 (10) ”. 10. Section 26 a of * “ The Main Roads Acts, 1920 to 1943,” is repealed and, in lieu of that repealed section, a. 26 a . the following section is inserted, namely :— “[26 a .] (2.) (a) Neither section six nor paragraph Proc®<?ure as (i.) of section seven of f “The Public Works LandtmL Resumption Acts, 1906 to 1951,” shall apply or extend to or with respect to the taking of land by the Commissioner but, in lieu of the said section six, the following provisions shall apply, namely :— When the Commissioner proposes to take any land he shall, not less than thirty clear days before the Proclamation in respect of such land prescribed by paragraph (ii.) of Section seven of f “ The Public Works Land Resumption Acts, 1906 to 1951,” is made, serve upon each person who to his knowledge is entitled * 10 G. 5 No. 26 and amending Acts, t 6 E. 7 No. 14 and amending Acts.

508 ROADS. P art II.— A:™™8 M ain R oads A cts , 1920 : Main Boads, Etc., Amendment Act. 1 E liz . II. No. 14, 101943 pursuant to section fifteen of such lastmentioned Acts to make a claim for compensation a notice containing the particulars hereinafter prescribed. That notice may, in respect of any land, be so served before the Governor in Council shall, by Order in Council, have authorised the Commissioner to take (or approved the taking by the Commissioner of) the land but, in respect of any land, the aforementioned Proclamation shall not be made until authority or approval as aforesaid shall have been given. That notice shall— (i.) Contain a description of the land to be taken sufficient to identify same ; (ii.) State that the Commissioner is willing to treat as to the compensation to be paid in respect of the land taken and all consequential matters. The land taken by any such Proclamation may be described therein or in an annexure thereto in any manner sufficiently identifying that land and paragraph (ii.) of section seven of * “ The Public Works Land Resumption Acts, 1906 to 1951,” shall apply so that nothing therein shall require that land to be identified by a survey or plan made or prepared and signed by an authorised surveyor. (6) Any such notice may be served personally or by post, and for the purpose of service by post any such notice shall be properly addressed if it is addressed to the place of abode or business address of the person to be served therewith last known to the Commissioner. (c) The omission by the Commissioner to serve upon any person entitled thereto a notice as prescribed by this subsection shall not prejudice any Proclamation made under paragraph (ii.) of section seven of * “ The Public Works Land Resumption Acts, 1906 to 1951,” with respect to any land, and any land included in any such Proclamation shall be deemed to be taken in terms of the Proclamation concerned notwithstanding any such omission. (d) Subsection three of section eight of * “ The Public Works Land Resumption Acts, 1906 to 1951,” shall, subject to all necessary adaptations thereof, apply and * 6 E. 7 No. 14 and amending Acts.

ROADS. 509 1952. Main Roads, Etc., Amendment Act. P art II — A mendments of “ T he M ain R oads A cts , 1920 extend to and with respect to any Order in Council to 1943.” authorising the Commissioner to take any land and any notice referred to in this subsection as well as to any Proclamation taking land. (e) It shall not be necessary to mention the works or purpose for which any land is proposed to be or is taken by the Commissioner in a notice under this subsection or Proclamation under * “ The Public Works Land Resumption Acts, 1906 to 1951,” with respect to the taking of such land by the Commissioner, but it shall be sufficient to state that such land is proposed to be or is taken by the Commissioner. (/) Land taken by the Commissioner shall vest in the Crown and shall be and remain Crown land until the same is, according to the works or purpose for which the land shall have been taken, dealt with as prescribed by this Act. (g) For the purpose of applying subsection one of section eight of * “ The Public Works Land Resumption Acts, 1906 to 1951,” to and with respect to any land taken by the Commissioner, the term “ constructing authority ” therein shall mean the Crown, excepting that all claims for compensation shall be made against the Commissioner. (2.) If any land taken or any part thereof is found Power to to be not required for the works or purpose for which it ^nd°taken was taken the same shall be disposed of as the Governor and not in Council by Order in Council directs. required. (3.) To the extent necessary to give effect thereto this section shall be read and construed with and as section, modifying * “ The Public Works Land Resumption^ Acts, 1906 to 1951,” and, in so reading, construing, and modifying such lastmentioned Acts, the term “ land ” • shall mean and include land as defined by this Act, and the term “ Registrar of Titles ” shall mean and include the authority charged with registering instruments of title to the tenure of the land : Provided that no provision of such lastmentioned Acts shall entitle, or be deemed to entitle, any person to claim compensation in excess of the value of his estate or interest in any land taken by the Commissioner.” * 6 E. 7 No. 14 and amending Acts.

510 ROADS. P art II — A mendments op “ T he Main Boads, Etc., Amendment Act. 1 E liz . II. No. 14, M ain R oads A cts , 1920 TO 1943.” (4.) The claim for compensation of the trustee or cAommopuenntsao­ f trustees of any land in respect of the taking of same tion payable by the Commissioner shall be limited to the amount to trustees. of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or any Minister of the Crown, or the Commissioner, or any other person whomsoever, and this Act, * “ The Public Works Land Resumption Acts, 1906 to 1951,” and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this subsection. Taking not to enhance (5.) Notwithstanding anything contained or implied value of in this Act or in any other Act or law or rule or process land. of law to the contrary, in the assessment and fixation of compensation to be paid to any person for or in respect of the taking of any land for any works or purpose of or under this Act, whether such compensation is determined by agreement or by the court under * “ The Public Works Land Resumption Acts, 1906 to 1951,” as modified by this section, the enhancement or prospective enhancement of the value of any such land resultant or likely to be resultant on the carrying-out or prospective carrying-out of the works or purpose for which the land is resumed shall be entirely disregarded and compensation shall be assessed and fixed accordingly. Proof that land taken required. (6.) If in any proceedings whatsoever it is material to prove that the Commissioner required to take any land taken by him, a certificate under the hand of the Commissioner stating that the land concerned was required to be taken by him shall be admissible in evidence and shall be conclusive proof of the fact certified to therein. Evidence in rebuttal of any such certificate shall not be admissible. (7.) Where any land taken by the Commissioner is not immediately required for the works or purpose for which that land has been so taken, the Commissioner may make arrangements whereby any person shall be permitted to continue to occupy that land for such period, and upon such terms and conditions, including if stipulated by the Commissioner the payment of rent, as the Commissioner shall fix. * 6 E. 7 No. 14 and amending Acts.

ROADS. 511 ---------------------------------------------------------------------------------------------------------------------------------- past II.— 1952. Main Roads, Etc., Amendment Act. A of N“ tbe TS -------------------------------------------------------------------------------------------------- M ain B oads ACTS, 1920 The Commissioner may execute any lease, agreement T0 to lease, or other instrument deemed by him necessary or desirable to effectuate arrangements made by him as aforesaid. ' * “ The Landlord and Tenant Acts, 1948 to 1950,” or any Act amending or substituted for those Acts, shall not .bind the Commissioner in respect of any arrangements as aforesaid.” 11. Section 33 b of f “ The Main Roads Acts, 1920 Afnei^mente to 1943,” is amended— 8‘ (i.) By repealing the words “ a Special Rate ”, where those words appear in the first paragraph of subsection one of that section and by inserting, in lieu of those repealed words, the words “ the Special Rate ”; (ii.) By inserting before the words “ shall also remain ” where those words appear in paragraph (a) of subsection three of that section, the words and brackets “ (unless the Local Authority shall, with the prior consent of the Minister, have otherwise determined) ”, 12. Clause thirteen of the Schedule to t “ The Main Amendments Roads Acts, 1920 to 1943,” is amended— Schedule. (a) By repealing the second paragraph of that clause and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ The registration and the renewal of the registration of motor vehicles, applications for the registration or the renewal jof the registration of motor vehicles, and prescribing the persons who shall be bound to comply with the requirements of the regulation^ made with respect to the registration and the renewal of the registration of motor vehicles.” . (b) By inserting after the words “ Empowering the Commissioner to cancel ”, where those words, appear in the sixth paragraph of the said clause thirteen), the words “ or suspend * 12 G. 6 No. 31 and amending Acts, t 10 G. 5 No. 26 and amending Acts.

512 ROADS. P art III.— A mendments of “ T he T raffic A ct of 1949.” P art Main Roads, Etc., Amendment Act. III. —A mendments or * “ T he 1949.” 1 E liz . II. No. 14, T raffic A ct of Construction 13. This Part of this Act shall be read as one with. andartm * 4 The Traffic Act of 1949,” and that Act and this Part collective of this Act may be collectively cited as “ The Traffic tltle- Acts, 1949 to 1952.” Commence- 14. This Part of this Act shall come into operation Partm on a date be fixed by the Governor in Council by ’ Proclamation published in the Gazette : saving. Provided that the coming into operation of this Part of this Act shall not prejudice or affect the continuation in force for the period for which it was issued or renewed of any driver’s license or any renewal of a driver’s license issued before the coming into operation of this Part of this Act and which, when this Part of this Act comes into operation, shall not have expired by effluxion of time ; and that every such driver’s license or renewal of a driver’s license shall (subject to any cancellation or suspension thereof under * “ The Traffic Act of 1949 ” or any other Act or law in force at the coming into operation of this Part of this Act or incurred at any time thereafter) continue in force under, subject to, and in accordance with the provisions of * “ The Traffic Act of 1949,” and the regulations thereunder as in force immediately prior to the coming into operation of this Part of this Act until it expires by effluxion of time or is sooner surrendered but such a driver’s license or renewal shall not, on or after the coming into operation of this part of this Act, be renewed or further renewed. Amendment* 15. Section fourteen of * “ The Traffic Act of 1949 ” of s- if- is amended by repealing subsections three, four and five of that section, and by inserting, in lieu of those repealed subsections, the following subsections, namely :— . “ (3.) Subject to this Act, including the regulations hereunder, a driver’s license issued on or after the coming into operation of P art III. of j* “ The Main Roads Acts and Another Act Amendment Act of 1952,” shall, according to the age of the applicant therefor as at the date of the issue thereof to him, be in force for not longer than the period specified in the second column of the Table to this subsection unless sooner suspended, cancelled or surrendered under this Act or under any other Act or law. * 13 G. 6 No. 26. t This Act.

1952. EOADS. Main Roads, Etc., Amendment Act. TABLE. 513 P art III.— A mendments of “ T he T raffic A ct of 1949.” Age of applicant as at the date Maximum period for which driver’s license of the issue to him of a driver’s to be in force, license. Applicant under 41 years The period of 10 years commencing on, of age and including, the date of the issue of the driver’s license. Applicant 41 or over, but not The period commencing on, and 46, years of age including, the date of the issue of the driver’s license and thereafter until the date when the applicant shall attain the age of fifty-one years. Applicant 46 or over, but not The period of 5 years commencing on, 62, years of age and including, the date of the issue of the driver’s license. Applicant 62 or over, but not The period commencing on, and 66, years of age including, the date of the issue of the driver’s license and thereafter until the date when the applicant shall attain the age of sixty-seven years. Applicant 66 or over, years The period of one year from, and of age including, the date of the issue of the driver’s license. (4.) Subject to this Act, including the regulations hereunder, a driver’s license issued on or after the coming into operation of * “ The Main Roads Acts and Another Act Amendment Act of 1952,” may be renewed from time to time : Provided that every renewal of such a driver’s license shall, according to the age of the holder thereof as at the date of the renewal thereof, be for not longer than the maximum period for which the license in question could be in force if it were issued to the holder thereof upon the date of the renewal thereof. Upon the renewal thereof such a driver’s license shall, unless sooner cancelled, suspended or surrendered und<?r this Act or under any other Act or law, be in force for the period for which it is renewed. (5.) The period for which a driver’s license shall be in force shall be stated therein and the period for which any renewal of a driver’s license shall be in force shall be stated in the endorsement upon that license of that renewal. * This Act. R

514 ROADS. P art III.— A mendments op “T he T raffic A ct of 1949.** Main Roads, Etc., Amendment Act. 1 E liz . II. No. 14, (6.) (a) The Commissioner of Main Roads shall collect in respect of every registration or renewal of the registration of a motor vehicle (except a trailer) under the provisions of the regulations under * “ The Main Roads Acts, 1920 to 1952 ” (including any other regulations thereunder amending or in substitution for those regulations), an annual fee, herein in this subsection called “ the annual driving fee,” of the amount specified, according to the description of the motor vehicle in question, by paragraph (6) of this subsection. The said Commissioner shall not issue a certificate of registration or of renewal of the registration as aforesaid unless and until payment has been made to him of the annual driving fee in respect of the vehicle to which that certificate relates. Provision shall be made on the form of any and every such certificate for the inclusion of an endorsement respecting the payment of the annual driving fee. The said Commissioner shall pay into Consolidated Revenue the amount of all annual driving fees so collected. (6) The amount of the annual driving fee shall be, in respect of any registration or renewal of the registration of— (i.) A commercial motor vehicle, twelve shillings and sixpence; (ii.) A private motor vehicle, seven shillings and sixpence. (c) For the purposes of this subsection— (i.) The term “ private motor vehicle ” means any motor vehicle included, according to the description thereof, in class 1 or class 4 or class 8 of the classes of motor vehicles set out and described in the First Schedule (herein in this paragraph (c) referred to as the “ said Schedule ”) to “ The Motor Vehicles Insurance Regulations of 1937,” as inserted therein by the regulation amending those regulations published in the Gazette of the seventeenth day of February, one thousand nine hundred and fifty-one, at page six hundred and seventy-six; and * 10 G. 5 No. 26 and amending Acts.

ROADS. 515 1952. ; - P art III.— Main Roads, Etc., Amendment Act. A of N“ the TS T raffic A ct of 1949.” (ii.) The term “ commercial motor vehicle ” means any motor vehicle included, according to the description thereof, in any of the classes, other than classes 1, 4, 8, and 11, of motor vehicles set out and described in the said Schedule. The said Schedule shall continue in force for the purposes of this subsection notwithstanding that, for the purposes of * “ The Motor Vehicles Insurance Acts, 1936 to 1945,” or the regulations thereunder, a new Schedule shall be substituted therefor, or it shall be revoked or in any manner whatsoever amended, altered or modified. (7.) Every learner’s permit and every renewal thereof shall, unless such permit is sooner cancelled or surrendered under this Act, or under any other Act or law, be in force for such period as is prescribed.” 16. Section forty-eight of f “ The Traffic Act o/Amendment 1949” is amended by adding thereto the followingofs'48' proviso and paragraph, namely :— “ Provided that the Commissioner may, with the approval of the Minister and of the Minister of the Crown administering any other Department or Sub-Department of the Government of Queensland, arrange for the particulars vdth respect to drivers’ licenses prescribed by or under this Act to be recorded in the Office of the Commissioner to be kept by and recorded in that other Department or Sub-Department. Any arrangement as aforesaid shall be notified in the Gazette and thereupon the Officer for the time being in charge of that Department or Sub-Department shall, for the purposes of this section, be deemed to be the Officer ordinarily having the custody of the particulars the subject of that arrangement.” 17. Clause thirty-four of the Schedule to f “ The Amendment Traffic Act of 1949 ” is amended by adding thereto the schedule, following proviso, namely :— <£ Provided that a fee shall not be prescribed to be payable in respect of the issue of any driver’s license, issued on or after the coming into operation of Part III, of % ( The Main Roads Acts and Another Act Amendment Act of 1952,’’ or any renewal of such a driver’s license.” * 1 E. 8 No. 31 and amending Acts, t 13 G. 6 No. 26. ^ } This Act.