Metropolitan Transit Authority Act 1976 (Qld)

139 QlluZtsIcxxt^ ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1976 An Act to provide for a Metropolitan Transit Authority, its functions and powers and for related purposes [ ASSENTED TO 22ND APRIL, 1976] 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:- PART I-PRELIMINARY 1. Short title and commencement . (1) This Act may be cited as the Metropolitan Transit Authority Act 1976. (2) This Act other than this section shall come into operation on a date to be appointed by Proclamation. This section shall come into operation on the date on which this Act is assented to for and on behalf of the Crown.

140 Metropolitan Transit Authority Act 1976, No. 20 2. Arrangement of Act. This Act is divided into Parts and Divisions of Parts as follows:- PART I-PRELIMINARY (SS. 1-3); PART II-METROPOLITAN TRANSIT AUTHORITY (ss. 4-30); Division 1-Incorporation and Composition of Authority; Division 2-Declaration of Region and Authority's Functions; Division 3-Powers of Authority; Division 4-Membership of Authority; Division 5-Proceedings and Business of Authority; PART 111-FINANCIAL PROVISIONS (ss. 31-60); Division 1-Funds of Authority; Division 2-Budget of Authority; Division 3-Borrowings of Authority; Division 4-Accounts and Audit PART IV-PLANNING ADVISORY. COMMITTEE (ss. 61-64); PART V-DEVELOPMENTAL PLANS (ss..65-69); PART V1-MISCELLANEOUS PROVISIONS (ss. 70-75); 3. Interpretation . In this At, save where a contrary intention appears- constituent Local Authorities " means those Local Authorities other than Brisbane City Council whose Areas or part of whose Areas are included for the time being in the declared region; " air-cushion vehicle " means a vehicle that is designed to be supported when in motion wholly or. partly by air expelled from the vehicle to form a cushion the boundaries of which include the gccound, water or other surface beneath the vehicle; "Authority " means the Metropolitan Transit Authority constituted under this Act; " declared region " means the region last declared by the Governor in Council pursuant to section 7 for-the purposes of this Act; " Minister " means the Minister for Transport or other Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the functions of the Minister;. " prescribed person " means a person duly declared by the Governor in Council pursuant to section 8. to be a prescribed person for the purposes of this Act; " Town Planning Authority " means any person or body charged with or authorized to discharge the functions of town planning or development or re-development of any part of Queensland.

Metropolitan Transit Authority Act 1976, No. 20 141 PART 11-METROPOLITAN TRANSIT AUTHORITY Division 1-Incorporation and Composition of Authority 4. Incorporation of Authority. (1) The Metropolitan Transit Project Board established by notification dated 5 September 1974 pursuant to the State and Regional Planning and Development, Public Works Organisation and Environmental Control Act 1971-1974 is hereby preserved, continued in existence and constituted under this Act as a body corporate under the name and style " Metropolitan Transit Authority " (2) The Authority shall by the name and style conferred on it by subsection (1) have perpetual succession and a common seal and for the purpose of carrying out the objects and purposes of this Act shall be capable in law of suing and being sued in its corporate name and in that name of taking, acquiring, holding and disposing of land and other property, of granting and taking leases of land and other property and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed. 5. Composition of Authority. (1) The Authority shall consist of seven members appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette. (2) The members of the Authority shall be- (a) five persons nominated by the Minister at his discretion of whom one shall be so nominated to represent the interests of the general public; (b) one person duly nominated by Brisbane City Council; (c) one person duly nominated by the constituent Local Authorities, acting in conjunction, as the representative of those Authorities. (3) A person shall be taken to be not duly nominated pursuant to provision (b) or (c) of subsection (2) if he is an elected member of Brisbane City Council or any other Local Authority. 6. Effect of Authority' s constitution on existing rights. (1) The Authority shall' be taken to be duly constituted under this Act upon the appointment as prescribed as members thereof of the five persons nominated by the Minister at his discretion. (2) The appointments of persons as members of the Metropolitan Transit Project Board at the commencement of this Act shall cease upon the constitution of the Authority under this Act. (3) All actions and proceedings commenced by or against the Metropolitan Transit Project Board and subsisting at the commencement of this Act and all matters and things entered upon by that Board before the commencement of this Act may be continued by or, as the case may be, against the Authority in its name and style.

142 Metropolitan Transit Authority Act 19', 6, No. 20 Division 2-Declaration of Region and Authority's Functions 7. Declaration of region . For the purposes of this Act the Governor in Council may, on the recommendation of the Minister, by notification published in the Gazette, declare a region comprised of the City of Brisbane constituted under the City of Brisbane Act1924-1969 and the whole or part (as he thinks fit) of other Local Authority Areas (whether contiguous to Brisbane or not), which in his opinion should be included in the region having regard to the object of providing a properly integrated and efficient system of public passenger transport for the City of Brisbane and adjacent areas. 8. Prescribing persons. For the purpose of identifying a class of person with whom the Authority is empowered to negotiate with a view to the provision of a properly integrated and efficient system of public passenger transport within the declared region the Governor in Council may, on the recommendation of the Minister, by notification published in the Gazette, declare any person who operates a public passenger transport service within the declared region to be a prescribed person. 9. Functions of Authority. (1) The function of the Authority is to provide for the declared region a properly integrated and efficient system of public passenger transport and to that end- (a) to formulate appropriate programmes for submission to the Minister; (b) to implement such programmes as are submitted by it to the Minister and are approved by the Governor in Council; (c) to co-ordinate and to assist by such means as it considers appropriate and as are approved by the Governor in Council the public passenger transport services operated wholly or partly within the declared region by prescribed persons; (d) to enter into such agreements with prescribed persons as are directed to the improvement or expansion of public passenger transport services operated by those persons wholly or partly within the declared region or, if so approved by the Governor in Council, to the taking over and operation of such services by the Authority; (e) to perform such other acts and discharge such other functions- (i) as are incidental to the discharge of the foregoing functions; or (ii) as are assigned to the Authority by this Act or by the Minister. (2) In the discharge of its functions the Authority shall adhere to any directions which the Minister may give from time to time as respects policy. (3) Once in each year the Authority shall furnish to the Minister a report on the performance of its functions during the preceding period of 12 months. The Minister shall lay the report before the Legislative Assembly and move that it be printed.

Metropolitan Transit Authority Act 1976, No. 20 143 Division 3-Powers of Authority 10. Powers to discharge functions . (1) The Authority has and may exercise such powers as are necessary or desirable to allow the proper discharge by it of its functions or any of them. (2) Without limiting the powers of the Authority conferred. by this Act or' had by the Authority in its corporate capacity the Authority may- (a) operate by itself or in conjunction with another person a public passenger transport service by land, water or air, including a service by air-cushion vehicle, on a route between places within the declared region or between a place within and a place outside the declared region as the Authority thinks fit; (b) on a route serviced by a public passenger transport service operated by it, carry luggage and other property of the passengers carried in a vehicle operated on that route and carry in that vehicle any other thing for delivery on the route; (c) assist a prescribed person in his or its operations of a public passenger transport service between places within the declared region or between a place within and a place outside the declared region by the provision of monetary assistance, passenger transport vehicles, business or storage premises and facilities, or otherwise as the Authority thinks fit; (d) acquire, use, sell, lease or let on hire land, premises, rolling stock and facilities connected with the efficient operation of a public passenger transport service, as the Authority thinks fit; (e) undertake such capital works as in the Authority's opinion are required to enable it to properly discharge its functions or properly exercise its powers, or any of them; (f) do such acts as are incidental to the exercise of its powers, or any of them; (g) employ such experts and other agents as the Authority thinks fit in connexion with the discharge of its functions or the exercise of its powers; (h) enter into such agreements with such persons and acquire such assets and undertakings as in the Authority's opinion will assist the proper discharge of its functions or the effective exercise, of its powers; (i) construct, manufacture, produce, purchase, maintain and repair anything required for the purposes of any of its undertakings; (j) impose, by by-law, conditions on which a public passenger transport service operated by it may be used or on which any premises or property of the Authority may be used by the public or its own employees; (k) in accordance with subsection (3), enter upon and temporarily occupy a road and- (i) open and break up the soil and pavement thereof; (ii) construct or place therein plant, machinery, equipment or goods and erect therein temporary workshops, sheds and other buildings;

144 Metropolitan Transit Authority Act 1976, No. 20- (iii) make, therein cuttings and excavations and construct therein or thereover subways, tunnels, drains and bridges; (iv) lay therein or erect thereover tracks, cables or power-lines necessary for its operation of an undertaking; (v) reinstate the surface of the road and for that purpose, remove and dispose of earth, vegetation and other material thereon; (vi) repair, alter, demolish, destroy on or remove from the road plant, machinery, equipment, goods, workshops, sheds and other buildings, subways, tunnels, drains, bridges, tracks, cables or power-lines constructed, erected or placed by it in or over the road. (3) The Authority shall not exercise a power referred to in subsection (2) (k) unless it has given notice in writing of its intention so to do to the authority having the care and management of the road in question. The Authority shall not, in its exercise of a power referred to in provision (k) of subsection (2)- (a) alter the position of a main, sewer or drain; or (b) alter the position of a pipe for the supply of water or gas or a cable for the supply of electricity, unless the Authority has given notice iii writing of its intention so to do to the authority having the care and management of the pipe or cable and the authority so notified has consented to the proposed alteration. The Authority shall, in its exercise of its power under this section, ensure that a power-line erected over any road, bridge, vehicular path or water is erected in such manner as-to allow'fdr the passage of persons and vehicles reasonably expected to be on the road, bridge or path or of vessels. reasonably expected to be on the water. (4) When the Authority has' opened and broken up a road it shall- (a) with all convenient speed and as little interference to traffic as is practical, complete the work for which it is opened and broken up and shall fill in the ground and reinstate and make good the parts so opened and broken up to as good a condition as before it was opened and broken up and shall carry away all rubbish occasioned by the work; (b) at all times while the road, is opened and broken up, cause the parts, so opened and broken up to be fenced and guarded and a light sufficient for the warning of traffic to be set up and maintained against or near such parts every night during which the road is opened and broken up; and (c) keep the parts so opened and broken up in good repair for three months after reinstating and making good the same and for any further time not exceeding 12 months during which the soil opened and broken up continues to subside. (5) In the exercise of its powers the Authority shall adhere to any directions which the Minister may give from time to time as respects policy. 11. Fares on public passenger transport services . (1) If- (a) the Authority at any time operates a public passenger transport service; or

Metropolitan Transit Authority Act 1976, No. 20 (b) a prescribed person at any time operates his or its public passenger transport service under an arrangement with the Authority, which provides for the payment by persons who use that service of fares determined by the Authority, the fares to be paid by persons who use such public passenger transport service shall be such as are fixed by the Authority with the prior approval of the Minister. (2) Fares payable by persons who use a public passenger transport service referred to in subsection (I) shall be paid according to the system provided for the payment of fares for that service by the Authority or the prescribed person who operates the same. (3) The power to make regulations under this Act includes power- (a) to regulate the payment of fares; (b) to penalize persons who fail to pay a fare as prescribed or in accordance with the system provided; (c) to provide for a method of collecting penalties from persons who fail to pay the prescribed fare, whether by way of court process or by collecting a fixed penalty on the spot or by both such methods. 12. Engagement and employment of staff. (1) The Authority may appoint and employ such number of persons as is approved by the Minister to enable it to discharge its functions. (2) Subject to any applicable award of an industrial court, tribunal or authority or any industrial agreement persons employed by the Authority shall be paid salaries, wages and allowances at such rate or rates as the Authority determines. 13. Entitlements of Authority' s employees . (1) The Authority may institute and maintain a scheme or schemes for the provision of superannuation benefits to its employees and to that end may provide. in such manner as it thinks fit, for the establishment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds. (2) A person who, immediately prior to his becoming an employee of the Authority, was an officer of the Public Service of Queensland shall, upon and by virtue of his becoming such an employee, cease to be such an ofr'.cer but nz e th_less for as long as he continues in the Authority's employment in a permanent capacity shall retain and may claim against the Authority in respect of all entitlements as respects leave which have accrued or are accruing to him as an officer of the Public Service of Queensland at the time when he ceases to be an officer and for this purpose his service as such employee and as such officer shall be deemed to be continuous service as an employee of the Authority. (3) A person who, immediately prior to his becoming an employee of the Authority, is a contributor to the State Service Superannuation Fund, for as long as he continues in the Authority's employment in a permanent capacity- (a) shall retain all entitlements which at the time when he becomes such an employee have accrued or are accruing to him as a contributor under the PublicServiceSuperannuationAct1958-1974 or the State Service Superannuation Act1972-1974 and

146 .Metropolitan Transit Authority Act 1976, No. 20 (b) shall continue to contribute to that fund and shall be entitled to payments and other benefits therefrom in respect of himself. his widow and any child of his as if he were an officer within the meaning of those Acts or either of them. (4) A person who is employed in a permanent capacity by the Authority shall contribute to the State Service Superannuation Fund and shall be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his as if he were an officer within the meaning of the State Service Superannuation Act1972-1974 unless- (a) the Governor in Council otherwise determines; or (b) he is not eligible to contribute to that fund by reason of any provision of that Act. (5) In respect of a person who contributes to the State Service Superannuation Fund and is referred to in subsection (3) or (4) the Authority shall pay to the State Service Superannuation Additional Benefits Fund such sums as would have been payable by the Crown by way of contribution to such last-mentioned fund had the contributor been an employee of the Crown and had been paid salary at the rate paid to him at the material time by the Authority. Moneys payable by the Authority to the State Service Superannuation Additional Benefits Fund and unpaid may be recovered by action in a court of competent jurisdiction by the State Service Superannuation Board constituted under the State Service Superannuation Act1972-1974 as a debt due to that board. Division 4-Membership of Authority 14. Chairman . (1) The Governor in Council on the recommendation of the Minister, by notification published in the Gazette, shall appoint one of the members of the Authority to be Chairman of the Authority- (a) upon the first appointment of members of the Authority; (b) upon each subsequent appointment of members of the Authority that is made at a time when there is no Chairman of the Authority or the Chairman is continuing in office pursuant to section 18 (5); or (c) upon the occurrence of a casual vacancy in the office of the member of the Authority who was Chairman immediately prior to such occurrence. (2) The person who is appointed to fill a casual vacancy in the office of the member of the Authority who was Chairman immediately prior to the occurrence of the vacancy shall be eligible for but not entitled to appointment as Chairman. 15. Deputy-Chairman. (I) The Governor in Council on the recommendation of the Minister, by notification published in the Gazette. shall appoint one of the members of the Authority to be Deputy-Chairman of the Authority- (a) upon each appointment of members of the Authority: or (b) upon the occurrence of a casual vacancy in the office of the member of the Authority who was Deputy-Chairman immediately prior to such occurrence.

Metropolitan Transit Authority Act 1976, No. 20 147 (2) The person who is appointed to fill a casual vacancy in the office of the member of the Authority who was Deputy-Chairman immediately prior to the occurrence of the vacancy shall be eligible for but not entitled to appointment as Deputy-Chairman. 16. Management of Authority' s affairs. (1) The Chairman shall be the executive member of the Authority and shall be employed by the Authority as the manager of the Authority's affairs in a full-time capacity. (2) In the absence of the Chairman or if at any time there is no Chairman- (a) the Deputy-Chairman shall be the executive member of the Authority; and (b) the person employed by the Authority who is designated for the time being by the Authority as Executive Officer shall be the manager of the Authority's affairs. (3) While he acts as executive member of the Authority the Deputy-Chairman shall have and may exercise the powers and shall perform the duties of the Chairman had by him in that capacity. (4) While he acts as manager of the Authority's affairs the Executive Officer shall have and may exercise all the powers of the Chairman had by him in that capacity. 17. Minister to request names of nominees . (1) At least two months before the commencement of this Act and thereafter at least two months before the expiration of the term of appointment of the member of the Authority who was nominated (or is to be deemed to have been nominated) by, or is the representative of the person to whom the request is by this subsection required to be made the Minister shall request in writing- Brisbane City Council and each of the Local Authorities who are or are to be constituent Local Authorities, to furnish to him within the time limited in the request the name of its or their nominee, duly nominated, to be appointed to the Authority in accordance with section 5. (2) If at any time the Minister fails to comply with subsection (1) within the time limited therein he may at any later time make his request in writing therein prescribed and such making and all action taken thereon as prescribed shall be deemed to be sufficient compliance with this Act. (3) If at any time default is made in furnishing as requested by the Minister the name of a nominee or the person nominated is not duly nominated as prescribed by section 5, the Minister may at his discretion nominate a person as the nomination in respect of which default has been made and the Minister's nomination shall he deemed to have been made by the authority or authorities by whom the nomination should have been made as prescribed.

148 Metropolitan Transit Authority At 1976,.^Vo. 20 18. Term . of member ' s appointment . (1) The term of appointment of the C,lj irman shall, be six, years from the date of his appointment. (2) Subject to subsection (3), the term of appointment of a member of the Authority, other than the Chairman. shall be three years from the date of his appointment. (3) If at any time members of the Authority are appointed after the appointment of the members nominated by the Minister at his discretion. pursuant to section 5 (2) (a), the term. of appointment of such first-mentioned members shall be deemed to have commenced on the date. of the appointment of such nominated members and to run from such earlier date accordingly. This subsection does not apply in relation to an appointment of a member to fill a casual vacancy in the office of a member of the Authority. (4)"Every member of the Authority who has not attained the age of'70 years shall be eligible for re-appointment. (5) Notwithstanding the foregoing provisions of this section or the provisions of section 20 (4) every member of-the Authotity shall continue in office as such until his successor. is' duly appointed save where he is deemed pursuant to section 19 (3). to have vacated his office. 19. Termination of membership of Authority :.` (1) A member of the Authority may, by writing addressed to the Minister, resign his office at any time. (2) The Governor in Council may remove from office a member of the Authority if- (a) he is made bankrupt or otherwise takes .,advantage of the `1atvs relating to bankruptcy; (b) he becomes incapable, in the opinion of: the Governor in ,Council, of discharging the duties of his office; or (c) in the opinion of the Governor in Council, he is incompetent or unfit to hold his office or.for any other reason he. should not hold his office. (3) A member of the Authority shall be-deemed to have vacated his office.- (a) in: the event of his resignation,, upon receipt by the Minister of his notice of resignation: (b) in the event of his removal, upgn.issue, by the Minister of notice'of his removal; (c) in the event of his absence from three consecutive ordinary meetings of the Authority of which notice has been duly given to him, without the Authority's leave first obtained or without the Ministers approval obtained before or after the, event, (d) in the event of his attaining the age of 70 years. (4)._For the purposes of subsection (3) (c) (a) the non-attendance of a member at' the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of theAuthority at which a quorum is present is actually held on that day;

Metropolitan Transit Authority Act 1976, No. 20 149 (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day. 20. Casual vacancy on Authority . (1) A casual vacancy shall be taken to arise in the office of a member of the Authority- (a) if he dies in office; or (b) if his office becomes vacant as prescribed by section 19. (2) If a casual vacancy occurs in the office of a member of the Authority during the currency of his term of appointment another person may be appointed to fill that office in accordance with section 5. (3) For the purpose of making an appointment to a casual vacancy in the office of a member of the Authority section 17 shall apply save that any request to be made by the Minister for that purpose shall be made as soon as practicable after it is decided to fill the vacancy. (4) The term of appointment of a person to fill a casual vacancy in the office of a member of the Authority- (a) where that person is not also appointed as Chairman of the Authority, shall expire at the time the term of appointment of his predecessor would have expired had the vacancy not occurred; (b) where that person is also appointed as Chairman of the Authority, shall be for a term specified in his appointment to fill the vacancy, being not more than six years from the date of his appointment, which term shall be so fixed as to expire at a time when the term of appointment of other members of the Authority would expire in accordance with this Act. 21. Remuneration of Authority members. (l) The Chairman of the Authority shall be paid from the funds of the Authority a salary at such rate as is approved by the Governor in Council. (2) The Deputy-Chairman of the Authority, while he acts as executive member of the Authority, shall be paid from the funds of the Authority a salary at such rate as is approved by the Governor in Council and at other times may be paid from those funds a salary at such rate as is so approved. (3) Each member of the Authority shall be paid from the funds of the Authority such fees and allowances as are approved by the Governor in Council. (4) Notwithstanding the foregoing provisions of this section a member of the Authority who is an officer of the Public Service of Queensland shall not be paid- (a) any fees or allowance on account of his attendance at a meeting of the Authority: or (b) any salary on account of his acting as executive member of the Authority, during his ordinary hours of duty but he shall be entitled to expenses necessarily incurred by him in so attending or acting and approved by the Authority.

150 Metropolitan Transit Authority Act 1976, No. 20 Division 5-Proceedings and Business of Authority 22. Meetings of Authority. (1) Meetings of the Authority shall be called by the Chairman or, in his absence, the Deputy-Chairman or, in the absence of both of them, by the Minister. (2) The Authority shall by its resolution appoint the times and places at which its meetings will be held and shall hold its meetings as so resolved from time to time. 23. Presiding at meetings . The Chairman shall preside at each meeting of the Authority at which he is present and the Deputy-Chairman, if he is present, shall preside at any meeting of the Authority at which the Chairman is not present. If both the Chairman and Deputy-Chairman are absent from any meeting of the Authority the members who are present, if they constitute a quorum, may appoint one of their number to act as chairman of the meeting and such appointee may preside at the meeting and exercise the powers of the Chairman.. 24. Quorum at meetings . The quorum of the Authority shall consist of a majority of the number of members for the time being holding office. 25. Notice of meetings . Notice of every meeting or adjourned meeting, other than a meeting adjourned to a time less than seven days from the date of the adjournment, shall be in writing and shall be given to each member of the Authority at least seven days prior to the date appointed for such meeting. If in the opinion of the person who, in the circumstances of the case, is authorized by this Act to call a meeting of the Authority an emergency exists that person may call a- meeting of the Authority and the same may be validly held notwithstanding that the notice given is for less than the time prescribed by the preceding paragraph for a notice of meeting. A notice of a meeting or an adjourned meeting may be given to a member by prepaid post letter addressed to his place of business or place of residence last known to the Chairman. 26. Adjournment of meetings . The members present at a meeting of the Authority may adjourn the meeting from time to time. If a quorum is not present at a meeting within fifteen minutes after the time appointed for the meeting to commence the member or members present or the majority of them if more than two are present, or the Chairman if the members present are equally divided on the issue, may adjourn such meeting to any time not later than fourteen days from the date of such adjournment. No provision of the preceding paragraph shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. 27. Conduct of Authority' s affairs. (1) The Authority shall exercise or perform a power, authority, function, duty or obligation by majority vote of the members present and voting at the meeting at which such exercise or performance is to occur. A member who, being present at a meeting and entitled to vote, abstains from voting shall be deemed to have voted in the negative.

Metropolitan Transit Authority Act 1976, Nu. 20 151 The person who is duly presiding at a meeting, if he is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote. (2) The Authority shall cause to be recorded in a book provided for the purpose (in this Act called the minute book) kept by the secretary to the Authority under the superintendence of the Chairman- (a) particulars of all proceedings of the authority; (b) the names of the members present at each meeting of the Authority; (c) the names of all members voting on any question before the Authority on which a division is called.. Every entry in the minute book shall be signed at the meeting of the Authority next following the meeting at which were taken the proceedings to which the entry relates by the Chairman or other person who duly presides at such next following meeting and by the secretary. (3) Every entry in the minute book purporting to be signed as prescribed and sealed with the common seal of the Authority and every writing purporting to be a copy of or extract from such an entry (purporting to be signed and sealed as prescribed) shall upon its production in any proceedings be evidence, and in the absence of evidence to the contrary. conclusive evidence of the matters contained therein without further proof of the regularity of the meeting to which the entry relates or of any other matter referred to therein. 28. Custody of seal ; authentication of documents . (1) The common seal of the Authority shall be in the custody of the Chairman. (2) The common seal shall not be affixed to a document except under the authority of a resolution of the Authority and shall be affixed by the Chairman or by the person who for the time being performs as executive member of the Authority the duties of the Chairman. 29. Validity of proceedings . An act, proceeding or agreement of the Authority shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done, proceeding taken or agreement made there were vacancies in the membership of the Authority not exceeding one-half of the total number of members for the time being required to constitute the Authority or that all the members for the time being holding office were not present at the meeting at which such act or proceeding or the making of such agreement was done or authorized or that there is a defect in the membership or appointment of any one or more of the members who joined in doing such act or taking such proceeding or making such agreement or in authorizing such act, proceeding or agreement or of any combination of such facts. 30. Disability on participation in business of Authority. (1) If a member of the Authority has any pecuniary interest, direct or indirect. in an agreement or proposed agreement or other matter and is present at a meeting of the Authority at which the agreement or proposed agreement or other matter is to be considered he shall at the meeting and before the agreement, proposed agreement or matter is considered, disclose the fact of his interest, shall withdraw from the meeting and shall not participate in the consideration of or vote on any question with respect to the agreement, proposed agreement or other matter. This subsection does not apply to an interest which a member may have in common with the public.

152 M etropolitan Transit Authority Act 1976, No. 20 (2) For the purposes of this section a person shall be taken to have an indirect pecuniary interest in an agreement or a proposed agreement or other matter if- (a) he or a nominee of his ' is a member of a body corporate with which the agreement is made or proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner or an employee of a person with whom the agreement is made or proposed to be made or who has a direct pecuniary interest in the other matter under consideration. In the case of spouses living together the interest of one spouse -shall , if it is known to the other, be deemed for the purposes of this subsection to be also the interest of that other spouse. For the purposes of this section a person shall not be taken to have a pecuniary interest in an agreement or a proposed agreement or other matter by reason only of his membership of or employment under a public body concerned with the agreement , proposed agreement or other matter. (3) A general notice given in writing to the Chairman of the Authority by a member to the effect that he or his spouse is a member or an employee of a specified body corporate or that he or his spouse is a partner or an employee of a specified person shall; unless and. until the notice is withdrawn, be deemed to be a sufficient disclosure of. his interest in any agreement, proposed agreement or other matter made, proposed to be made or relating to that body corporate or person which may. become the subject of consideration by the Authority after the date of the notice. (4) The Chairman of the Authority shall record in a book to be ,kept for the purpose-- (a) particulars of every notice given. to him. and-referred to in subsection (3); and (b) particulars of every disclosure of interest made at a meeting of the. Authority and referred to in subsection- (1), which particulars as disclosed are not already recorded in' the book, and the book' shall be-open at all' reasonable times to inspection by any member. (5) The Minister, subject to such, conditions as he thinks fit to impose, may remove as respects any member of the Authority a disability imposed by this section whenever the number of members so disabled ..at.any time would in his opinion be such as to impede the conduct of business of the Authority or if, in any other case, it. appears to the Minister .desirable'that the disability should be removed. (6) The Authority may by its resolution exclude any member from a meeting whilst any agreement, proposed agreement or other matter in which he has an interest such as! is referred to in subsection (1) is under consideration. ' (7) A- member of the Authority who has a pecuniary interest in an agreement, proposed agreement or other matter as prescribe d ' by this section and who fails to comply with 'subsection' (1) forfeits his office as a member unless he proves that he did not know of his pecuniary interest at the time that the agreement, proposed agreement or other matter' was the subject for consideration at the meeting in question of the Authority.' A forfeiture of an office under this subsection causes a casual vacancy in that office which may be filled under section 20.

Metropolitan Transit Authority Act 1976, No. 20 153 PART III-FINANCIAL PROVISIONS Division I-Funds of Authority 31. Funds to be maintained . The Authority shall establish and maintain in accordance with this Act the following funds:- (a) a General Fund; (b) a Loan Fund; and (c) a Trust Fund. The funds shall be separate and distinct and a separate bank account shall be kept for each fund. 32. General Fund. (1) The Authority shalt pay or cause to be paid into the General Fund all moneys arising from- (a) any business conducted by the Authority; (b) the sale. letting or hiring of any land, premises, rolling stock or other property or facilities of the Authority; (c) any source when such moneys are not required by this Act to be paid into any other fund. (2) Moneys from time to time forming the General Fund shall be applied to- (a) expenditure necessarily incurred by the Authority in the discharge of its functions, the exercise of its powers or the performance of its obligations; (b) payment, in accordance with the regulations, of moneys to a prescribed fund kept pursuant to section 35. 33. Loan Fund. (1) The Authority shall pay or cause to be paid into the Loan Fund all moneys received by it by way of loan, subsidy or grant for capital works in respect of the works or purposes for which the loan has been authorized or the subsidy or grant has been paid. (2) Moneys borrowed by or paid to the Authority by way of subsidy or grant shall be applied to expenditure necessarily incurred by it in carrying out the works or purposes for which the Authority was authorized to borrow the money or for which the subsidy or grant was paid to the Authority and not otherwise. 34. Trust Fund. (I) The Authority shall pay or cause to be paid into the Trust Fund all moneys paid to it by way of deposit or in trust for any person. (2) Moneys from time to time held by the Authority by way of deposit shall be applied according to the terms on which the deposit is held and moneys from time to time held by the Authority in trust for any person shall be applied to the payment to or for the benefit of that person. (3) In this section the expression " money paid by way of deposit refers to money paid by way of earnest and does not refer to a deposit of money by way of loan, subsidy or grant. 35. Other prescribed funds. The Governor in Council may, by regulations made under this Act, prescribe one or more other funds to be established and kept by the Authority and the purposes for which such funds are to be applied. 6

154 Metropolitan Transit Authority Act 1976, No. 20 The Authority shall establish and maintain all such funds as are so prescribed and shall cause the moneys for the time being forming such a fund to be applied to the purpose prescribed in respect of that fund. The funds shall be separate and distinct and the manner of banking thereof shall be as prescribed. V 36. Investment of funds. (1) The Authority may invest moneys which are surplus in any fund kept by it in one or more of the following investments:- (a) any form of interest bearing deposit with a bank; (b) securities guaranteed by the Government of the Commonwealth or of the State; (c) with an authorized and approved dealer in the short term money market; or (d) other securities approved by the Governor in Council on the recommendation of the Treasurer. Every such security shall be held either by the Authority or to its account by the Reserve Bank of Australia. (2) For the purposes of this section the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council. Division 2-Budget of Authority 37. Duty to frame budget . Before 30 September in each year or before such later date as the Minister, on the application of the Authority, may permit the Authority shall frame and lodge with the Minister a budget for each fund maintained by it other than the Trust Fund for the year commencing on 1 July in that year. 38. Estimates in respect of funds. (1) In framing the budget for each of its funds the Authority shall estimate in respect of the year for which the budget is being framed and shall therein show- (a) the amounts expected to be disbursed upon the several works, matters and things to which the fund is applicable: and (b) the amounts expected to be received from the sources of income and other moneys of the Authority, which income or other moneys are required by this Act to be paid to the fund. (2) In any budget the estimates of receipts and expenditure of the Authority shall be set out in such form as is acceptable to the Minister. 39. Additional information in budget . Each budget other than the first framed for the fund in question shall show estimates of receipts and disbursements adopted for the year previous to that for which the budget is framed and the actual receipts and disbursements for the year previous to that for which the budget is framed.

Metropolitan Transit Authority, Act 1976, N o. 20 155 40. Budget subject to approval of Governor in Council. (I) Ever'. budget of the Authority shall be subject to the approval of the Governor in Council and until so approved shall be of no force or effect save that any disbursement of the Authority necessarily made in any year prior to the adoption of the budget for that year is hereby authorized and shall be shown as a disbursement in the budget framed for that year. (2) The Minister or a person appointed by him shall examine every budget and where it appears to the Minister that the bud_et requires amendment the Minister shall amend the budget in such way as he thinks reasonable. When the Minister is satisfied with the budget (with amendments should the case require it) and he has obtained the Treasurer's acceptance of the budget he shall recommend it for the approval of the Governor in Council. (3) When the Governor in Council has approved a budget the same, whether or not it has been amended, shall be binding on the Authority, which shall confine its disbursements throughout the^year for which the budget is framed within the items and amounts contained in the budget as approved by the Governor in Council. (4) Until its first budget is framed under this Act by the Authority and is approved by the Governor in Council the Authority may continue to receive and disburse moneys as provided for by the budget of the Metropolitan Transit Project Board last framed by that board before the commencement of this Act and that budget shall continue to be of force and effect and shall be deemed to be for the period aforesaid the duly approved budget of the Authority. Such budget may be varied (should the case require it) on the motion of the Authority in such manner as it could have been varied immediately before the commencement of this Act. 41. Treatment of surpluses and emergent expenditure . (1) If at the close of any year for which a budget is framed there is a surplus or deficit the same shall be carried forward and taken into account in framing the budget for the next following year unless, in the case of a deficit, it is extinguished under section 42. (2) At the close of each year for which a budget is framed all authorizations of expenditure and votes of money for any item provided for in the budget so framed shall lapse but may be re-authorized or re-voted, as the case may be. (3) If at any time it appears to the Authority that there has arisen an emergent , extraordinary or unforeseen circumstance requiring the Authority to make a disbursement which would entail expenditure in excess of the amount provided for in the applicable budget in relation to expenditure of that class the Authority shall obtain the approval of the Governor in Council to an increase in that amount before it makes the disbursement. 42. Payment of grants to Authority. Subject to appropriation by Parliament of money for the purpose the Treasurer may pay to the Authority by way of grant moneys in such amount and for such purpose as is approved by the Governor in Council on the recommendation of the Treasurer.

156 :Metropolitan Transit Authority Act 1976, No. 20 Division 3--Borrowings of Authority 43.- Power to borrow . (1) Subject to this, 'Act, the Authority may borrow money= '(a) from the Treasurer; or (b) by the sale of debentures; or (c) partly in: one and partly in the' other of the ways specified in provisions-(a) and (b). (2) Before entering into negotiations to borrow money by the sale of debentures the Authority shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and for this purpose shall fwrhisii the Treasurer' with such information as he requires. (3) The Authority shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council to do so is first ohtained. Such authority, if`given, shall be given 'by 'way of Order in Council. The. Order in Co,uucil, shall declare the amount, that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the, loan, the rate of interest payable thereon, the terms and conditions for the- redemption of the loan,: whether by yearly, half-yearly or quarterly payments or by payments into a sinking fund and such other conditions as.the Governor in Council approves. (4) The Authority shall,be a local body under and within the. meaning of,.the Loral Bodies' Loans Guarantee Act .1923-1973, the provisions whereof shall apply and extend accordingly, subject to such modifications as the Governor in Council prescribes generally by regulations or in respect ' of 'a particular toan by Order in Council. 44. Resolution before borrowing . Before proceeding to borrow money the Authority shall, at a special meeting called for the purpose, pass a resolution to. barrow that money. 45. Application of loan moneys . (1) al`t` moneys' borrowed by the Airthorify shall be expended' for the purpose for which it was authorized to borrow the same and not otherwise. - (2y 1f'any amount of a loan remains unexpended upon the completion of the purpose for which the loan was borrowed such amount shall be applied as•the Treasurer directs. - 46. RePavment of Treasury loans. Every loan advanced by the Treasurer under this .,Act shall. be liquidated by the payment to the Treasurer by tits AuL*hori .^; on'the lirst days of January and July in every ye}lr o'f 'such instalment's of principal and interest, at the prescribed rate as will gen ii the, loon to be wholly re eerned within the prescribed period, of the, loan, and such instalments shall continue to he payable until all'the' money; advanced from time to. time by the Treasurer by way of that loan, together with the interest accrued thereon, have been so paid. The Treasurer may at any time.make any adjustment that he considers necessary to be made with respect to tl,e period ,)f any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment.

Metropolitan Transit Authority Act 1976, No. 20 157 47. Debentures . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series, at such times and places in or outside the State and in such manner as the Authority thinks fit; (b) shall, with interest thereon, be a charge on the revenues of the Authority; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 43 (3), (d) may, with the consent of the holder, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time or, with the consent of the Governor in Council, at a premium with interest thereon to the date of payment only. (2) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 43 (3). (3) Every debenture issue under the authority of this Act- (a) shall be sealed with the seal of the Authority and signed by the Chairman of the Authority and when so sealed and signed shall be taken to have been duly issued; (b) shall be numbered consecutively so that no live debentures in one and the same series shall at any time bear the same number; (c) shall have set forth therein the places and times at which the principal and interest are payable. (4) When a debenture is not transferable by delivery that fact shall be expressly stated on the face thereof. (5) In the case of a debenture issued under the authority of this Act with coupons the holder of such a coupon, whether the same be separated from the debenture or not, shall be entitled to receive payment from the Authority of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (6) In the case of a debenture issued under the authority of this Act without coupons the lender or, in the event of a transfer of such debenture, the transferee for the time being shall, subject to this subsection, be entitled to receive payments from the Authority in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee in respect of whom the Authority has not been given notice as prescribed shall not be entitled to receive and the Authority shall not be liable to make to such a transferee any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Authority to the lender or a prior transferee.

158 :Metropolitan Transit Authority Act 1976, No. 20 The entitlement of a transferee in respect of whom the Authority has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Authority was given such notice, was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Authority. 48. Brokerage . (1) The Authority may pay moneys by way of brokerage in respect of making, procuring, negotiating or obtaining the loan of any money, which the Governor in Council has authorized it to borrow: Provided that no moneys shall be paid by way of brokerage in respect of the loan of any moneys unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit. (2) Section 14 of the Money Lenders Act 1916-1973 shall not apply or extend to brokerage which the Authority is authorized by this section to pay and which brokerage has been approved by the Treasurer and is agreed to be paid by the Authority subject to the terms and conditions (if any) imposed by the Treasurer. 49. (1) Loan to be authorized investment . Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee within the meaning of the Trusts Act1973. (2) Notice of trusts not to be received . The Authority or any agent of the Authority shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures issued under the authority of this Act and the Authority or any agent of the Authority shall not be bound to see to the execution of any trust to which any such debenture may be subject. (3) Lender not bound to enquire as to validity of security . A person who lends money to the Authority and receives in consideration therefor any debentures duly sealed and signed as prescribed shall not be bound to enquire whether the issue of the debentures was in fact duly authorized or into the application of the money so lent and he shall not be in any way responsible for the non-application or misapplication thereof. 50. Remedies of debenture holder . (I) If the Authority makes default in making a payment whether of principal or interest to the holder of any debenture or coupon issued by it under the authority of this Act- (a) the holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have jurisdiction to make all such orders for the appointment of a receiver

Metropolitan Transit Authority Act 1976, No. 20 159 and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court considers proper; or (b) the person to whom such payment should have been made may recover the amount in respect of which default has been made as a debt by action against the Authority in a court of competent jurisdiction. (2) A receiver appointed under subsection (1) shall be deemed to be an officer of the court and shall act under its direction and may be appointed in respect of the general revenue of the Authority or in respect of specified revenue. 51. Remuneration of receiver . A receiver appointed pursuant to section 50 shall be entitled to such remuneration, by way of commission, fees or otherwise, as the Supreme Court orders. Such remuneration shall be payable out of the revenue of the Authority in respect of which the receiver is appointed. 52. Powers and duties of receiver . A receiver appointed pursuant to section 50 may collect all the revenue payable to the Authority in respect of which he was appointed as receiver and, for the purpose of enforcing his right to such revenue, he shall be deemed to be the Authority and may exercise all of its powers. A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission and remuneration; (b) Secondly, in payment, subject to any order of the Supreme Court, to the holder of a debenture or coupon upon whose application he was appointed or to and amongst the holders of debentures or coupons of the same series as such holder or to the holders of debentures or coupons generally in such order of priority as the court thinks fit the amount due and payable to such holder or, as the case may be, holders: (c) Thirdly, in payment of the residue of such moneys to the Authority. 53. Regulations relating to loans. The power conferred on the Governor in Council by section 65 to make regulations includes power to make regulations relating to the raising and repayment of' loans under the authority of this Act and, without limiting the generality of the foregoing power- prescribing the form of and the manner of issuing debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of' debentures and providing for lost or defaced" debentures or coupons and the destruction of discharged debentures or coupons; prescribing matters relating to the raising of loans outside the State; providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing

160 Metropolitan Transit Authority Act 1976; No, •20 the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption funds, trustees, sinking funds or other methods aforesaid. 54. Illegal borrowing . (1) A person who lends money to the Authority otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Authority in respect of that loan. (2) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of section 49 (3). 55. Advance by way of overdraft. The Authority, with the approval of the Governor in Council first had and obtained, may obtain temporary financial accommodation by way of advance from any bank by way of overdraft on its General Fund. The Governor in Council, by Order in Council, may fix a maximum amount to which the Authority may obtain such temporary finance whereupon the Authority shall not suffer the amount of its-,overdraft to exceed the amount so fixed. Division 4-Accounts and Audit 56. Books of accounts to be kept . The Board shall accurately. keep such books of account and records of its receipts and'expenditure as the Auditor-General requires from time to time. 57. Statement of account of funds. The Chairman of the Authority shall present 'to each ordinary meeting of the Authority a statement showing the financial position of each funid of the Authority as at the cisse of the month last preceding the date of-the. meeting and specifying, where possible, the items of receipts by and payments out of the fund since the date to which the last preceding such statement was compiled. 58. Audit of Authority' s accounts . (1) The accounts of the Authority shall be audited at least once in each year by the Auditor-General who in relation thereto shall have the powers conferred by the Audit Act 1874-1968. (2) As soon as practicable after the close of its financial year the Authority shall cause to be prepared in accordance with this section an account of its financial position at the close of that financial year. Such account- (a) shall consist of a statement containing a true account of the financial position of each fund of the Authority at the close of the financial year to which the account relates; or (b) if the Minister directs in. writing that such account shall consist of or include matter other than that referred to in paragraph (a), shall be as directed by the Minister. (3) Upon completion of the account referred to in subsection (2) that account together with the proper vouchers in support thereof and the-books, papers and other records of the Authority shall be laid before the Auditor-General. The Auditor-General shall report in respect of each audit.

Metropolitan Transit Authority Act 1976, No. 20 161 59. Audit report to be tabled . The Authority's accounts prepared pursuant to section 58 together with the Auditor-General's report shall as soon as practicable be made available to the Minister who shall lay the same before. the Legislative Assembly. 60. Report on audit to Authority. The account prepared pursuant to section 58, together with the report of the Auditor-General shall be submitted to the members of the Authority at the first ordinary meeting held after the report becomes available to the Chairman of the Authority or at an adjournment of that meeting. PART IV-PLANNING ADVISORY COMMITTEE 61. Constitution of committee . (1) There shall be established and from time to time constituted as prescribed a committee to be called the Planning Advisory Committee. (2) The members of the committee shall be- (a) the Chairman of the Authority or other person who at the material time acts as executive member of the Authority; (b) one person duly nominated by or on behalf of the Government of the Commonwealth; (c) the Commissioner for Transport under the StateTransportAct1960-1972; (d) the Commissioner for Railways under the Railways Act 1914-1972; and (e) the Commissioner of Main Roads under the !Main Roads Act 1920-1975. (3) The Minister shall, from time to time as the need arises, take such steps as are necessary to invite nomination by or on behalf of the Government of the Commonwealth of a person to represent it on the committee. (4) A person shall be taken to be not duly nominated pursuant to provision (b) of subsection (2) if he is an elected member of Brisbane City Council or any other Local Authority. 62. Committee ' s functions . The Planning Advisory Committee shall review- (a) the Authority's programmes with respect to the construction or acquisition of works of a capital nature in connection with the provision of a properly integrated and efficient system of public passenger transport; (b) the Authority's programmes for research with respect to public passenger transport; (c) the Authority's programmes for operation of public passenger transport services and with respect to facilities to be provided in connection with such operation; (d) the Authority's programmes for planning with respect to the provision of a properly integrated and efficient system of public passenger transport, and shall tender to the Authority such advice and recommendations thereon as the committee thinks fit.

162 Metropolitan Transit Authority Act 1976, No. 20 63. Authority to assist committee . With a view to the proper functioning of the Planning Advisory Committee the Authority shall make available to the committee the Authority's programmes. which the committee is required by this Act to review and shall furnish to the committee such information as the committee seeks and is material to the proper performance of its functions. 64. Conduct of committee ' s business . (1) The Chairman of the Planning Advisory Committee shall be its member who is Chairman of the Authority or. as the case may be, is acting as executive member of the Authority. In the absence of the Chairman the members of the committee present at the meeting may select one of their number to preside at the meeting. (2) A quorum of the committee shall be three of its members. (3) Save as is prescribed by subsections (1) and (2) the committee may conduct its business in such manner as it determines. PART V-DEVELOPMENTAL PLANS 65. Plan for development of public passenger transport . (I) Within two years after the date of the first constitution of the Authority or within such longer time as the Minister allows in writing the Authority shall cause to be prepared and submitted to the Minister a plan for the development of an integrated and efficient system of public passenger transport including ferry services for the declared region. (2) In the preparation of such a plan regard shall be had to the exercise or proposed exercise by a Town Planning Authority or a transport authority as defined in section 70 of its functions in connexion with the development of any part of the declared region or of any part of the State abutting on the declared region. (3) The Minister shall cause the plan submitted to him to be studied by such persons and to such extent as he thinks fit and thereafter and following such consultations with the Authority as are necessary, may recommend to the Governor in Council that the plan submitted by the Authority or that plan as amended by the Minister be approved. (4) The plan as approved by the Governor in Council is in the following provisions of this Part referred to as " the approved plan ". 66. Publication of approved plan. The Authority shall- (a) publish the approved plan in such manner as the Minister directs; (b) furnish a copy of the approved plan or of the relevant part or parts of it to each Local Authority and transport authority as defined in section 70 that exercises jurisdiction within the area to which the approved plan relates; and (c) shall publish in one or more newspapers that circulate throughout or within the area to which the approved plan relates notification of--

Metropolitan Transit Authority Act 1976, No. 20 163 (i) the place or places where and the times when the approved plan may be inspected by the public; and (ii) the manner in which copies of the approved plan may be acquired by the public. 67. Plan to be exhibited . Until the approved plan is replaced by another approved plan the Authority- (a) shall keep exhibited or readily available for inspection by the public at the place or places notified under section 66 the plan and all variations thereof; and (b) shall supply in the manner notified under section 66 copies of the plan and all variations thereof to any person who seeks the same upon payment of a reasonable fee fixed by the Authority. 68. Certain particulars to be included in the plan . Without limiting the matters to which an approved plan should properly refer every approved plan shall contain particulars of plans for improving and co-ordinating passenger transport services wi thin a period of five years from the publication of the plan. 69. Variation of plan and subsequent plans . (1) The Authority- (a) may at any time as occasion requires cause to he prepared and submitted to the Minister plans that vary the approved plan exhibited at that time; (b) shall within a period not exceeding five years from the publication of the approved plan then exhibited or kept available under section 67 cause to be prepared and submitted to the Minister a plan to replace such approved plan. (2) Sections 65 and 66 shall apply in respect of every plan that is intended to vary an approved plan and in respect of every plan that is intended to replace an approved plan and shall be complied with. PART VI-MISCELLANEOUS PROVISIONS 70. Transport authorities to consult on plans . (1) In this section the expression " transport authority " means- (i) the Commissioner for Railways; (ii) the Commissioner of Main Roads; (iii) the Commissioner for Transport; (iv) Brisbane City Council and any constituent Local Authority; and (v) any public authority concerned in any matter specified in subsection (2). (2) Notwithstanding the provisions of any other Act, a transport authority that intends- (a) to take a policy decision with respect to the siting, inauguration or operation of a public passenger transport service within the declared region or with respect to the siting within that region of areas for the public parking of motor vehicles or with respect to the periods for which motor vehicles may be publicly parked at any place within that region; or

164 Metropolitan Transit Authority Act 1976, No. 20 (b) to require, permit or carry out the construction or demolition of any railway, tramway or roadway within the declared region; or (c) to license a public passenger transport service within the declared region or between a place within and a place outside that region; or (d) to take a policy decision relating to a major development or subdivision of land within the declared region, shall notify the Authority concerning its intention and shall furnish to the Authority sufficient information as to enable the Authority to make submissions as it thinks appropriate to the transport authority for its consideration before a determination is made in respect of the step intended. 71. Authority ' s powers relating to railways . (I) Notwithstanding the provisions of the Railways Act 1914-1972 the Authority may require of the Commissioner for Railways that- (a) there be furnished to the Authority or to a person designated in the requisition information of a type specified in the requisition being information material to the proper discharge of a function or proper exercise of a power of the .Authority: (b) there be provided wholly or partly within the declared region public passenger transport services specified in the requisition: (c) there be undertaken works of a type specified in the requisition being works to improve public passenger transport services wholly or partly within the declared region; or (d) works undertaken or to be undertaken to improve public passenger transport services wholly or partly within the declared region shall be carried out in accordance with the requirements of the requisition, and the Commissioner for Railways and every employee of his whose compliance with the requisition is sought by the Chairman or Executive Officer of the Authority shall comply with the requisition unless he shows to the Minister good cause why he should not comply. (2) For the purposes of this section a requisition made by the Chairman of the Authority or by an employee of the Authority acting within the scope of his employment shall be taken to be the requisition of the Authority. (3) For the purpose of the performance of work referred to in paragraph (a), (b), (c) or (d) of subsection (1) the Authority and the Commissioner for Railways may make such agreements as are necessary to secure to the Commissioner for Railways payment for work performed by him or on his behalf. 72. Declaratory provision concerning relation to Authority of other legislation . (I) The State Transport Act 1960-1972 does not apply in respect of the doing of any act or the making of any omission by or on behalf of the Authority in the exercise of its powers conferred by this Act. An exercise of power or authority conferred by the State TransportAct1960-1972 shall have no effect in relation to the doing of any act by the Authority under the authority of this Act or in relation to any matter

Metropolitan Transit Authority Act 1976, No. 20 165 arising out of the performance or exercise by the Authority of its functions or powers under this Act save where such first-mentioned exercise of power or authority is directed to conferring authority on the Authority to do any act. (2) It is competent to the Authority and lawful for it to operate pursuant to this Act a public passenger transport service by water (including by air-cushion vehicle) notwithstanding the City of BrisbaneAct1924-1969 or section 43 of the Local Government Act 1936-1975 or anything done thereunder. An exercise of power or authority by Brisbane City Council or any of the constituent Local Authorities under the Citt• of Brisbane Act 1924-1969 or the Local Government Act 1936-1975 in relation to public passenger transportation by any means shall have no effect in relation to the doing of any act by the Authority under the authority of this Act or in relation to any matter arising out of the performance or exercise by the Authority of its functions or powers under this Act. (3) By-laws made pursuant to subparagraph (e) of paragraph (iii) of section 98 (2) of the Harbours Act 1955-1972 shall not apply in respect of the control and management by or on behalf of the Authority of ferry boats and other boats for the purpose of providing a public passenger transport service under this Act. 73. Proof of Authority' s documents . A document or writing purporting to be made or issued by or on behalf of the Authority, and a copy thereof or an extract therefrom, and purporting to be certified under the hand of the Chairman or Deputy-Chairman of the Authority, the Executive Officer, or other person authorized by the Authority in that behalf shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 74. Indemnity to Authority members. Each member of the Authority shall be indemnified from the funds of the Authority in respect of any damages, loss and costs occasioned by any act or omission done or made by him bona fide on behalf of and in the interests of the Authority. 75. Regulations and by-laws . (1) The Governor in Council may make regulations not inconsistent with this Act providing with respect to- (a) all matters that are required or permitted by this Act to be prescribed; (b) all matters concerning the employment of persons by the Authority and the terms of their employment; (c) all matters that in his opinion are necessary or convenient to be prescribed for the proper administration of this Act or for the proper exercise, discharge and performance by the Authority of its powers, functions and obligations; (d) all matters that in his opinion are necessary or convenient to be prescribed to achieve the objects and purposes of this Act. (2) The Authority may make by-laws with respect to all matters required or permitted by this Act to be provided for by by-laws.

166 Metropolitan Transit Authority Act 1976, No. 20 A by-law shall be of no force or effect unless it is sealed with the seal of the Authority and approved by the Governor in Council. Section 28A of the Acts Interpretation Act1954-1971 (Publication of Regulations) applies in respect of by-laws made by the Authority as if they were regulations. (3) The regulations and the by-laws may impose penalties and punishments for any breach thereof and, where a pecuniary penalty is imposed, may be recovered by way of summary proceeding under the Justices Act1886-1975 and in any other case may be enforced in such manner as may be provided for in the regulations or, as the case may be, the by-laws.