Motor Spirit Vendors Act of 1933 (24 Geo v No. 11) (Qld)

MOTOR SPIRIT VENDORS. 24 GEO. V. No. 11, 1933. Motor.8pirit Vendors Act. 14709 MOTOR SPIRIT VENDORS. An Aot to Provide for the Regulation of the Sale of 2~ ~ ~~ ' 1: ' Motor Spirit and for other purposes. THE MOTOR SPIRIT VENDORS [ASSENTED TO 27TH OOTOBER, 1933.] ACT OF 1933. 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. (1.) This Act may be cited as "The Motor Short title. Spirit Vendors Act of 1933." (2.) *This Act shall come into operation on a date Commence· to be proclaimed by the Governor in Council by ment of Act. Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 2. In this Act, unless the context otherwise indicates Interpreta- or requires, the following terms have the meanings set tioD. against them respectively, that is to say:- " License"-A license valid and unexpired under License. this Act; "Minister"-The Treasurer or other Minister of Minister. the Crown for the time being administering this Act; "Motor spirit"-Any petroleum fuel used or Motor spirit. adapted or intended to be used for the propulsion of any motor vehicle; " Person" includes any individual or firm or Porson. company or body or association of persons incorporated or unincorporated; " Prescribed "-Prescribed by this Act; Proscribed. " To sell "-To sell by wholesale or retail, and To sell. includes barter or exchange, supply for profit, dealing in, agreeing to sell, or offering or receiving or exposing for .sale, or having in possession for sale, or sending, forwarding, or delivering for sale or on sale, or causing, suffering, or allowing to be sold, offered, received r or exposed, or had in possession for * Act proclaimed to come into force as from 1st February, 1934 (Gazette, 16th December, 1933, page 1493).

14710 MOTOR SPIRIT VENDORS. Motor Spin:t Vendors Act. 24 GElo. V. No. 11, This Act. sale, or attempting any such acts or things: and the derivatives of "sell" have a corresponding inclusive meaning; "This Act"·-This Act and all Proclamations and regulations thereunder. Pe, ~on 3. Subject to this Act, no person shall in Queensland, sreololtIollrg spI.rl 't either as principal or as agent, sell to a . n . y oth . er person to be holder for delivery in Queensland any motor SpIrIt whICh at the of license. time of such sale is situate in Queensland unless he is the holder of a motor spirit vendor's license under this Act: Provided that any person who buys motor spirit for the purposes of sale from a person who holds a motor spirit vendor's license under this Act shall be deemed to have complied with the provisions of this section upon proof that the person from whom he buys such motor spirit is so licensed, and any such person shall for the purposes of this Act be deemed to be a licensed person and the agent of the licensee accordingly. Application 4. (1.) Every person who desires to obtain a motor for license. spirit vendor's license shall deliver to the Treasurer an application in the prescribed form signed by the applicant and stating therein his principal place of business. Such application shall be accompanied by a fidelity bond from the State Insurance Commissioner or licensed insurer under *" The Insurance Acts, 1916 to 1923," in the prescribed form signed by the applicant and conditioned in a sum not exceeding one thousand pounds for the compliance by the applicant during the term of such license with the requirements of this Act: Provided that the regulations may prescribe that in lieu of the prescribed fidelity bond, moneys or prescribed securities may be deposited with the Treasurer as by way of guarantee for the compliance by the applicant during the term of his license with the requirements of this Act. (2.) Upon receipt of such application and bond, and on payment of the prescribed fee, a license shall be granted to such applicant. * 7 Geo. V. No. 27, supra, page 7497, and 14 Geo. V. No. 29, supra, page 10574.

MOTOR SPIRIT VENDORS. 14711 1933. Motor Spirit Vendors Act. 5.. Every such license shall be operative for a Duration of period of one year only from the date of the grant license. thereof: Provided that, subject to this Act, the holder of a license may from time to time apply for a license for a further period of one year from the date of the expiration of his current license and upon compliance with the terms, provisions, and conditions of section four of this Act, and, unless he has failed to comply with the require- ments of this Act, a license for such furt,her period shall be granted to him. durm· 6 g . tThhee chuorlrdeenrcyof tehveerreyoflicpeunrscehausnedearndth" ipshaAyhcatctsehtanlelsp ~ o ue l rc d h e ta r oseof prescribed price for a quantity of power alcohol Pfw~ r 1 . manufactured in Australia not less than a quantity equal ~ r~ ~ c~ ib~ to a prescribed number of gallons for everyone hundred quantities. gallons of motor spirit sold by him during the period of such cUlTency: Provided that, in calculating the number of gallons of motor spirit sold by him for the purposes of this section there shall be included only those sales in respect of which a license is required to be held by him under section three of this Act: Provided" f:urther, that in the case of any sale as agent by any holder of a motor spirit vendor's license the provisions of this section shall be deemed to have been complied with as regards such sale upon proof that the principal is the holder of a license and has duly complied with the provisions of this section: Provided also, that in the case of any sale of motor spirit by a non-licensed person which has been purchased by him from a licensed person, such non-licensed person shall be deemed to be the agent of the licensed person in respect of such sale. 7. If the'holder of any motor spirit vendor's license Breach of commits any breach of or neglects or fails to comply with s. 6. the requirements of section six of this Act, he shall be guilty of an offence : Moreover, the Treasurer may sue for and recover in the Supreme Court the amount named in the bond I referred to in section four of this Act, and the amount recovered shall be paid into the Consolidated Revenue:

14712 MOTOR SPIRIT VENDORS. 1J-lotor Spirit Vendors Act. 24 GEO. V. No.1l, Provided that, where in any case security other than a fidelity bond is prescribed to be lodged with the Treasurer in respect of an application for a license, on the commission by the licensee of a breach of, or on his neglect or failure to comply with, the provisions of section six of this Act such security shall be forfeited to His Majesty. Selling' 8. Any person who sells any motor spirit in minoctoonr tsrpa· irit contravention of the provisions of section three of this vention of Aut shall be guilty of an offence against this Act, and s.3. shaH be liable upon conviction to a penalty not exceeding fifty pounds or, for a second or subsequent offence, to a penalty not less than twenty pounds nor more than two hundred pounds. Cancellation 9. (1.) If the Treasurer is satisfied that any person of license. licensed by him has failed to comply with the provisions of section six of this Act or is persistently acting in breach of any provision of this Act, he may give notice to such person of his intention to cancel the license of such person, giving his reasons for his decision. The decision of the Treasurer to cancel any license granted by him under this Act shall not be carried into effect until the time for lodging an appeal against his decision has expired nor while any appeal against such decision is pending. Appeal. (2.) An appeal from any decision given by the Treasurer under this section shall lie to a police magistrate. Such appeal shaH be instituted by notice of appeal filed with a police magistrate in accordance with the regulations within thirty days after receipt of such written notice from the Treasurer. If the police magistrate finds that any of the grounds for the decision given by the Treasurer are established he shall decide whether such decision is to be varied or rescinded, and such decision shall be varied or rescinded accordingly. Appeal to Full Court. (3.) Either party to the proceedings before such police magistrate may appeal from his decision to the Full Court, and such appeal shall be by way of rehearing. Such appeal shall be made by way of special case m manner provided by *" The Justices Acts, 1886 to * 50 Vic. No. 17 and amending Acts, supra, page 1132.

MOTOR SPIRIT VENDORS, 14713 1933, Motor Svpirit Vendm's Act, 1932," with respect to appeals from the decision of justices, and the provisions of those Acts relating to such appeals shall, mutatis mutandis, apply to appeals under this subsection. Subject to the regulations, the costs of appeal shall be in the discretion of the court. (4.) Any notification of the cancellation of any Notification license under this Act shall be published by the ~ ! . ncellation. Treasurer in the Gazette, and any notification so published shall be prima facie evidence that the license has been cancelled. (5.) No person whose license has been cancelled Person shall thereafter, unless or until a fresh license so to do ~ ~ e~ see has been granted to him, under this Act do any act er cancelled perform any funct I'On wh at soever for whI'Ch a Il' cense I,S annoyt taoctdofor required under this Act. ~ hich Any person 0 ffendm' g agaI,nst t h e prOVI'sI,Ons 0 f t hI' S lrweqeunisreed. section shall be guilty of an offence, and shall be liable upon conviction to a penalty not exceeding fifty pounds, or, for a second or subsequent offence, to a penalty of not less than twenty pounds nor more than two hundred pounds. (6.) The Treasurer may refuse to license under Further this Act any person whose license issued under this powers of A C t h as b een at any tI.me cance 11 ed, bsu ' Ject t 0 a rI.ght Treasurer. of appeal in such person in manner provided in this section. (7.) In any case where the Treasurer has refused tOWhere issue to the holder of a license a license for a further Trrs~ ~ r period owing to the licensee's failure to comply with the ~ : i~ : : e 0 requirements of this Act as set forth in the proviso to license. section five, such person may appeal to the court in the manner provided in this section. 10. (1.) Any person authorised in writing in that Inspection behaIf yb teh MI· m.st er may from tI.me t 0 t' Ime m. spect of books, &c. any books, accounts, registers, documents, or writings in the custody or control of a holder of a motor spirit vendor's license, and may take notes, copies, or extracts thereof or therefrom. (2.) Any holder of a motor spirit vendor's license, or agent, or clerk, or servant of such holder- (a) Who neglects, obstructs, or refuses to produce for inspection to any person so authorised as aforesaid any books, accounts, registers, documents, or writings as aforesaid; or

14714 MOTOR SPIRIT VENDORS. Motor Spirit Vendors Act. 24 GEO. V. No.H, (b) Who obstructs or refuses to allow any such person so authorised as aforesaid to take notes, copies, or extracts of or from any books, accounts, registers, documents, or writings as aforesaid; or (c) Who refuses to answer any question of the person so authorised as aforesaid in relation to any books, accounts, registers, documents, or writings as aforesaid, or wilfully gives any untruthful answer to such question, shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding one hundred pounds. Person 11. (1.) Every person who either as principal or mseolltionrg spirit as agent sells to any other person for delivery in to keep Queensland any motor spirit which at the time of such proper books. sale is situate in Queensland shall keep proper books and accounts in which shall be recorded every such sale; and set forth with full particulars and in a manner that can be readily understood or as may be prescribed. The Minister or any person authorised in writing in that behalf by the Minister may require any such person to alter his method of keeping his books if, in the opinion of the Minister or such authorised person, they are not kept in a satisfactory manner. Penalty. (2.) Any person neglecting, refusing, or failing to comply with the provisions of subsection one of this section shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding one hundred pounds. Record of licenses to be kept by the Treasurer. 12. The Treasurer shall enter in a register book to be kept for that purpose a record of licenses granted to a motor spirit vendor under this Act, indicating the date of grant thereof, the duration thereof, and the date of the expiration or cancellation thereof. A copy of any entry in any such register purporting to be signed by the Under Secretary of the Treasury or any officer of the Treasury Department making the same shall be primd facie evidence of the truth of the matters stated in such copy. Registered 13. The place of business mention,ed in the office. application for a license, or such other place of business as the licensee from time to time by notice in writing

1933. 11O'l'OR SPIRIT VENDORS. Motor Spirit Vendors Act. 14715 to the Treasurer appoints, shall be the registered office of the licensee, and there shall be painted up or affixed and kept painted up or affixed at such place of business a sign in easily legible characters bearing the name of the licensee and the words "Licensed motor spirit vendor," and all written notices or other documents required to be served or given to the licensee shall be deemed to be duly served or given if left at the said registered office. 14. Where any offence against any of the Offence by provisions of this Act is committed by a corporation company. or company, the chairman of directors or manager or other governing officer, by whatever name called, of such corporation or company shall be liable to the punishment provided by this Act for such offence unless the person charged proved that such offence was committed without his knowledge or connivance and without any negligence .on his part. 15. Any person committing a breach of or neglecting General or contravening or failing to comply ·with any of penalty. the provisions of this Act shall, where no other penalty is expressly provided, be liable on conviction to a penalty not exceeding two hundred pounds. 16. (I.) All proceedings in respect of offences ~roceedings against this Act shall be heard and determin . ed in a I w II asyu. mmary summary way on complaint under *" Th~ . ] u8t~ ce8 Acts, 1886 to 1932." (2.) Notwithstanding anything in any Act to the Minimum contrary, where any person is convicted before the penalty. court of any offence under this Act the court shall not reduce the penalty to be imposed in respect of such offence below any prescribed minimum amount of penalty. (3.) In any proceedings under or for the purposes Evidence. of this Act- (a) Any allegation or averment in any information, complaint, pleading, summons, or writ that any person does not hold a license as prescribed need not be proved, and such person shall be deemed not to hold such license until the contrary is proved by the production of the proper license or otherwise: --_._._---- --_ . _ . _ - - - - .... -- ~ ~ .. ........ _._-- * 50 Vie. No. 17 and amending Acts, supra, page 1132.

14716 MOTOR SPIRIT VENDORS. Motor Spirit Vendors Act. 24 GEO. V. No.n, (b) Every entry in any book kept or belonging to any person or found on his premises shall be deemed, unless the contrary is shown, to have been made by or with the authority of such person. Regulations. 17. (1.) The Governor in Council may from time totime make regulations providing for all or anypurposes, whether general or to meet particular cases, that may be' convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, such regulations may provide for- Form of application and license. (a) Applications for licenses and the form and manner thereof, and the form, terms, provisions, and conditions of the license granted under this Act, and the fee payable therefore Form of bond. (b) The form of fidelity bond or other prescribed security, and the terms, provisions, and conditions thereof, and in respect of which different amounts on any prescribed basis may be fixed. Mode of proof of purchase, &c. (c) Mode of proof of purchase by a person of motor spirit from a licensed motor spirit vendor, inclurung any prescribed certificate or invoice to be furnished by licensees or other persons to persons buying motor spirit for sale. Returns, &0. Price for power alcohol. (d) Forms of returns and of statistics to be made and furnished to the Treasurar, and the contents thereof; and the persons (whether licensees or not) by whom the same shall be made, and the time and mode of making and furnishing the same. (e) Prescribing the basis or bases or method of determination as to what shall constitute the prescribed price and prescribed quantity from time to time in respect of power alcohol referred to in section six of this Act, and if deemed advisable referring from time to time for any year or years the matter of the fixation of such price and/or prescribed quantity for the determination from time

MOTOR SPIRIT VENDORS. 14717 Motor Spirit Vendors Act. to time• of the Commissioner of Prices appointed under *" The Profiteering Prevention Act of 1920" (as amended by subsequent Acts), and for such purpose applying so far as is practicable the provisions of such Act; and the prescribing of any other further powers or matters necessary or desirable to give effect to this Act. (f) Cancellation of license and form and manner Cancellation of appeals in respect of. such cancellation, and appeals. (g) Imposing penalties not exceeding fifty pounds Penalties. for breach of any regulation. (h) The form of any notice, order, or other Not ices. document under this Act. (i) Service of any notice, order, or other document Service. under this Act. (j) All matters required or permitted by this Act Matters Atocbt enoprpersocvriibsieodn; oanr dnowshuefrfeictiheenrtepirsoivnistihoins rreqrbmuieitrteeddor in respect of any matter or thing adequate, prescribed, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. (k) Generally to give effect to the objects and General. purposes of this Act and for the efficient administration thereof. (2.) Any such regulations may be made on the Regulations passing of this Act. may be made on the passing of this Act. (3.) All regulations made or purporting to have Regulations been made under this Act, upon being published in the t pub 1 :1; l ? ished Gazette shall have the same foroe and effect as if they in Gazette. were enacted in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatever. (4.) Such regulations shall be laid before the To be laid Legislative Assembly within fourteen days after such bPeafrIiraement. publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. * 10 Geo. V. No. 33, supra, page 9213.

14718 MOTOR SPIRIT VENDORS—PIG INDUSTRY. Pig Industry Act. 24 0-no. V. No. 6, 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 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. MOUNT ISA (LEAD-POISONING). See LABOUR (2). NERANG RIVER BRIDGE. See PART II., BRIDGES. NURSES AND MASSEURS. See, ME DICAL. OPTICIANS. See MEDICAL. PARLIAMENT, LOANS TO MEMBERS, VALIDATION. See CONSTITUTION (1). PHARMACY. See MEDICAL. PIG INDUSTRY. 24 Geo. V. An Act to Regulate the Pig Industry, and for other NToH. E6. incidental purposes. PIG INDUSTRY [ASSENTED TO 11TH OCTOBER, 1933.] ACT OF 1933. 13 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 :- Short title. 1. (1.) This Act may be cited as " The Pig Industry Act of 1933."