Maryborough Grammar Schools Transfer Act of 1935 (26 Geo v No. 11) (Qld)
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11. LOCAL! PERSONAL! AND PRIVATE ACTS OF THE PARLIAM_ENT OF QUEENSLAND. 26' GEORGII V. BRISBANE CITY COUNCIL AND ELECTRICITY. See ELECTRICITY. EDUCATION. An Act to Make Provision for the Transfer to and 26 N G o a . o 1 . 1 V . . Vesting in the Corporation of the SeC'l'etary THEM!By- BOROUGH for Public Instruction in Queensland of the GS B c A H lI O 4l O 14 L A S R Maryborough Grammar Schools' , and for AO TR T A O N F SF 1 E 93R5. other purposes. ' [ASSENTED TO 17TH OCTOBER, 1935.] W HEREAS two public Grammar Schools known as Preamble. the Maryborough Grammar Schools (consisting of a Boys' Grammar School and a Girls' Grammar School) have been established within the Town of Maryborough under and in accordance with the provisions of *" The Grammar School8 Acts, 1860 to 1900 " : And whereas the Trustees of the said Maryborough Grammar Schools, being the Corporation andlor Corporations constituted under *" The Grammar School8Act8, 1860to1900," for the said Maryborough Grammar Schools, have signified their willingness and approval that the management and control of the said Schools should be undertaken by, and that all the property real and personal appertaining thereto should be transferred to and vest in, the Corporation of the Secretary for Public * 24 Vie. No. 7 and amending Acts. supra, pages 621 et Beg.
15614 EDUCATION. Maryborough Grammar School8 Tran8fer Act. 26 GEO. V. No. 11, Instruction in Queensland created by *"Tle State Education Act of 1875," and that thereafter the said Schools andlor all the property real and personal appertaining thereto should be utilised for such educational purposes as such lastmentioned Corporation shall from time to time think fit- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and bythe authority of the same, as follows : - Short titl.e, 1. This Act may be cited as "The M aryborough ~ ~~ ! ~' : ~10n, Grammar Schools Transfer Act of 1935." : e~ ~ ~~en1; tThis Act shall come into force on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. Interpreta· 2. In this Act, unless the context otherwise indicates tion. or requires, the following terms have the meanings respectively assigned to them, that is to say:- Corporation. " Corporation "-The Corporation of the Secretary for Public Instruction in Queensland created by *" The State Education Act of 1875" ; Grammar Schools Acts. "Grammar Schools Acts "-t" The Grammar Schools Acts, 1860 to 1900" (or any Act amending the same) ; Maryborough Grammar Schools. " Maryborough Grammar Schools"-The Grammar Schools established under the Grammar Schools Acts in Maryborough, known as the "Maryborough Boys' Grammar School" and the "Maryborough Girls' Grammar School," herein referred to as the said Grammar Schools; Minister. " Minister "-The Secretary for Public Instruction or other Minister of the Crown for the time being charged with the administration of *" The State Education Act of 1875 " and any amendment thereof, and this Act; Prescribed. " Prescribed "-Prescribed by this Act; This Act. " This Act "-This Act and all Orders in Council, rules, and regulations made thereunder. * 39 Vic. No. 11, 8upra, page 614. tAct proc1aimE>d in force as from 1st January, 1936 (Gazette, 7th December, 1935, page 1709). t 24 Vic. No. 7 and amending Acts, 8upra, pages 621 et seq.
EDUCATION. 15615 1935. Maryborough Grammar Schools Transfer Act. *3. (1.) Notwithstanding any Act or law to the Power to contrarv, the Governor in Council on the recommenda- ~ st tion of "the Minister may by Order in Council published bo~ ~ ~ gh i: in the Gazette, and subject to such terms, provisions, ; r~ mfar stipulations, and conditions as he may determine by t~ ~ s such Order in Council, transfer to and vest in the Corporation. Corporation of the Secretary for Public Instruction in Queensland the Maryborough Grammar Schools. (2.) Thereupon on such publication, and without any notice other than this Act and the said Order in Council, the following consequences shall ensue;- (i.) Any Corporation constituted under the Grammar Schools Acts in respect of the Maryborough Grammar Schools shall be dissolved and the Trustees of such Grammar Schools shall forthwith go out of office, and any such Corporation and Trustees of such Grammar Schools shall no longer exercise any of the powers or authorities or be subject to any of the duties or obligations conferred or imposed upon it or them by the Grammar Schools Acts. (ii.) All the property and assets, real and personal, of any kind whatsoever of or belonging to any such Corporation of the said the Maryborough Grammar Schools (whether by bequest, donation, or otherwise) so dissolved, or of or belonging to any person for or on behalf of or in trust for any such Corporation of such Grammar Schools, shall forthwith be divested from such Corporation and person, respectively, and shall be transferred to and be vested in the Corporation of the Secretary for Public Instruction in Queensland; and all such property and assets and all other property which may thereafter be acquired for the purposes of such Grammar Schools shall be held, administered, and appropriated by the said the Corporation of the Secretary for Public Instruction in Queensland in and for such purposes as such lastmentioned Corporation shall think fit; and for such * Order in Council dated 5th December, 1935, issued transferring to and vesting the Maryborough Grammar Schools in the Corporatj')ll (Gazette, 7th December, 1935, page 1704).
15616 EDUCATION. lrIaryborough Grammar Schools Transfer Act. 26 GEO. V. No. 11, purposes such lastmentioned Corporation shall have and may exercise all the necessary powers and authorities, which powers and authorities are hereby conferred and imposed upon it accordingly. (iii.) All the liabilities and obligations of any such Corporation of the said the Maryborough Grammar Schools so dissolved as aforesaid, and all the liabilities and obligations of any such person as last aforesaid, in respect • of the said the Maryborough Grammar Schools, or the property, assets, or affairs thereof, shall devolve and be imposed upon and shall be discharged by the Corporation of the Secretary for Public Instruction in Queensland. (iv.) For the purposes of *" The State Education Act of 1875 " (or any Act amending the same) or any Act or law relating to education, the Corporation of the Secretary for Public Instruction in Queensland shall have and may exercise all the powers and authorities and shall perform all the duties by those Acts entrusted to and imposed upon such Corporation in respect of the said the Maryborough Grammar Schools. Conduct of 4. The Governor in Council may in the Order in Schools. Council referred to in section three aforesaid or in any subsequent Order in Council direct that the said Grammar Schools or either of them (having been so transferred to and vested in the Corporation of the Secretary for Public Instruction in Queensland), shall be and be conducted by the said lastmentioned Corporation as educational institutions or an educational institution .' . in such manner and under such designation as the said Corporation shall from time to time deem fit and proper. Expenses. 5. The expenses of carrying this Act into effect shall be defrayed out of moneys to be from time to time appropriated by Parliament for the purpose. * 39 Vie. No.J.l, 8upra, page 614.
EDUCATION. 15617 1935. Maryborough Grammar Schools Transfer Act. o ' • 6. (1.) The Registrar of Titles shall on application Registration made by or on behalf of the Corporation of the Secretary of lands. for Public Instruction in Queensland in respect of lands under *" The Real Property Acts, 1861 to 1932," transferred to and vested in the said Corporation by this Act, register the said Corporation as registered proprietor of the lands concerned free of any restrictions contained in the. original deeds of grant as to the purpose for which such: lands may be used, and for that purpose shall issue any certificate of title or deed of grant and make such endorsement or endorsements, and make any such entry in the registers as may be necessary and proper for the purposes of this Act. (2.) Every other person who has in his possession Vesting of or control any property or assets of any such dissolved other t Corporatl. On whl'Ch by t h· IS Ac o t . IS transferred to and proper y. vested in the Corporation of the Secretary for Public Instruction in Queensland shall and may without authority other than this Act do and execute all such acts, matters, and things as may be necessary to secure to the said lastmentioned Corporation all such property and assets, together with all and every the right, title, estate, and interest therein. 7. No action, indictment, information, or other No action to proceeding shall be commenced, presented, prosecuted, lie. or maintained against the Government of Queensland or the Corporation or the Minister or any committee or any person or authority representing such Government or any member of the Public Service, or any Corporation of the said the Maryborough Grammar Schools, or any trustee or officer thereof, or any Corporation or ,any other person for or in respect of the exercise or in the purporting of the exercise by the Governor in Council or the Corporation or Minister or committee or other person or authority of any of the powers, privileges, rights, and authorities conferred and imposed upon or deemed to be conferred and imposed upon the Governor in Council or Corporation or Minister or committee or other person or authority by virtue of this Act. 8. (1.) The Governor in Council may from time toRegulatioDs tI· me make reg ul atI'Ons provl 'din g for a11 or any purposes, i a n ndCoOunrdcielr.s whether generalor to meet particular cases, that may be • 25 Vic. No. 14 and amending Acts, supra, pages 2984 et 8tq.
15618 EDUCATION. Maryborough Grammar Schools Transfer Act. 26 GEO. V. No. 11, 1935, convenient for the administration of this Act, or that may be necessary or expedient to carry out the objects and purposes of this Act, and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of the foregoing provisions, such regulations may provide for- Committees. (a) The appointment of committees of manage- ment of the said the Grammar Schools vested in the Corporation, and prescribing their duties; Teaching staff. (b) The appointment of the teaching staff and such officers and servants thereof as may be necessary; Standard of education. (c) The standard of education, whether by \ examination test or otherwise as may be prescribed, required for admission to such schools; Subjects. (d) The subjects to be taught in such schools; Fees. Examina· tions. (e) The fees to be paid for instruction; (f) The holding of examinations and the granting of certificates and diplomas; Attendance. (g) Regulating the attendance of students at such schools; the exclusion or expulsion of any person from such schools; Use of propert,y. (h) The most effectual use of the property, including lands, buildings, apparatus, and appliances of such schools, for the purposes of public education and improvement; Management. (i) The management, good government, and discipline of such schools; Use of school buildings. (j) Permitting the use of the school buildings for such purposes as may be prescribed at such times (other than those set apart for giving instruction therein) and subject to such conditions as may be prescribed; and Generally. (k) Generally to give full effect to the objects and purposes of this Act.
EDUOATION-ELECTRICITY. 26 GEO. V. No. 31, 1935. City of Brisbane (Stanley River, Etc.), Act. 15619 (2.) All Orders in Council and regulations made To be laid or purporting to be made under this Act shall i~ r~ r: ment. upon being published in the Gazette be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such Orders in Council and regulations shall be laid before Parliament within fourteen days after the publication thereof if Parliament is then sitting; or if not, then within fourteen days after the commencement of the next session thereof. If the Legislative Assembly passes a resolution disallowing any such· regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term" sitting days" shall mean days on which the House actually sits for the despatch of business. ELECTRICITY. An Act to Enable the Brisbane City Council constituted under" The City of Brisbane Acts, 1924 to 1934," to Supply Electricity to the Stanley River Dam, and for purposes incidental thereto and consequent thereon. 26 Geo. V. No. 31. THE CITY OF BRISBANE (STANLEY RIVER DAM ELECTBlOITY SUPPLY) ACT OF 1935. [ASSENTED TO 10TH DECEMBER, 1935.] 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:- 1. This Act may be cited as " The Oity of Brisbane Short title. (Stanley River Dam Electricity Supply) Act of 1935," and shall be read as one with *" The Oity of Brisbane Acts, 1924 to 1934," herein referred to as the Principal Act. * 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seq.
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