Motor Spirits Distribution Act of 1957 (6 Eliz ll No. 10) (Qld)

MINING—MOTOR SPIRITS. 233 6 E liz . II. No. 10, 1957. Motor Spirits Distribution Act. twelve of this Act to enter thereupon and to that permit being current when he applies under section thirteen hereof”. 6 . Section sixteen of the Principal Act is amended Amendment by repealing the word “ owner ” and inserting, in lieu ° s' 16‘ of that repealed word, the words “ holder thereof ”. 7. Subsection two of section seventeen of the Amendment Principal Act is amended by repealing the word “ owner ” of s-17 (2)< and inserting, in lieu of that repealed word, the Word “ holder 8. The amendment with respect to simultaneous Subsisting applications made by paragraph (6) of section four of this Act applies with respect to simultaneous applications lodged, but in respect whereof a permit as applied for has not been granted before the date of the passing of this Act, as well as to simultaneous applications lodged on or after that date. MOTOR SPIRITS. 1 An Act SRpeilraittsin, gantdo fotrheothDeirstrpiubruptoiosens. of Motor T6 h N SE ep o li . M rizi 1 o . t 0 ts I . o I r . D istribution A ct op [A ssented to 16 th A pril , 1957.] 1957. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as Distribution Act of 1957.” The Motor Spirits Short title and commence­ ment. 2. This Act and every Proclamation, Order in Construction Council, regulation, license, notice, and permit made, ofAct‘ granted, or given under this Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision, term, or condition of any such Proclamation, Order in Council, regulation, license, notice, or permit ,

234 Savings. MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment, provision, term, or condition to the extent to which it is not in excess of that power. 3. (1.) This Act applies so as not to prejudice or affect howsoever *“ The Motor Spirit Vendors Acts, 1933 to 1934.” (2.) f“ The Local Government Acts, 1936 to 1956,” The City of Brisbane Acts, 1924 to 1954,” every by-law of a Local Authority and every ordinance of Brisbane City Council shall apply so that nothing therein contained, nor any license or other authority thereunder, authorises, justifies, or excuses any act or omission which is an offence against this Act. (3.) Save as provided in subsection four of this section, this Act applies so that nothing herein contained, nor any license or permit hereunder, authorises, justifies, or excuses any act or omission which is an offence against f“ The Local Government Acts, 1936 to 1956,” or any by-law thereunder, or %“ The City of Brisbane Acts, 1924 to 1954,” or any ordinance thereunder. (4.) If the Minister is of opinion that a holder of or applicant for a license or permit under this Act has done and taken all things and steps required by the laws mentioned in subsection three of this section to be done and taken for obtaining under those laws such license or other authority as is thereby required in relation to the business to which his license, permit, or application under this Act relates, the Minister may in writing certify accordingly to the Minister for the time being administering the Department of Local Government. Thereupon the Minister administering the Department of Local Government may, in writing, direct the appropriate Local Authority or, in the case of a business within the Area of the City of Brisbane, Brisbane City Council to issue, to the person named and within the time specified in the direction, any and every license and authority specified in the direction. The said Minister may for cause deemed by him sufficient enlarge the time specified in such a direction. * 24 G. 5 No. 11 and amending Acts. 11 G. 6 No. 1 and amending Acts. j 15 G. 5 No. 32 and amending Acts. I >

1957. MOTOR SPIRITS. Motor Spirits Distribution Act. 235 If a Local Authority or Brisbane City Council fails in any respect to comply with a direction under this subsection, every member and the clerk (or, in the case of Brisbane City Council every member of the Council Registration Board) thereof shall be guilty of a continuing offence and liable to a daily penalty of not less than five pounds and not exceeding twenty pounds : Provided that the adjudicating court shall not convict for such offence any member or the clerk (or, in the case of Brisbane City Council any memjber of the Council Registration Board) if it is proved in evidence that he endeavoured bona fide, diligently and to the limit of his lawful powers to secure compliance with the direction. In any proceeding under or for a purpose of this Act a document purporting to be a copy of a certificate under this section by the Minister to the Minister for the time being administering the Department of Local Government, or a copy of a direction under this section by the lastmentioned Minister, shall be evidence of that certificate or direction and of the contents thereof, and in the absence of evidence in rebuttal shall be conclusive such evidence. For the purposes of this section the term “ Local Authority ” includes any corporation constituted under any Act pursuant whereto that corporation is a Local Authority. 4. (1.) In this Act, unless the context otherwise interpre- indicates or requires, the following terms shall havetatl0n' the meanings respectively assigned to them, that is to say— “Bulk consumer”—A person who purchases Bulk not less than the minimum number, asoonsum0r* prescribed for the time being by Order in Council, of gallons of motor spirits per month direct from the wholesaler at a reduced rate, and who uses the whole of such motor spirits in his business and does not resell any thereof; “ Description ”—With reference to motor spirits, Description, includes description, kind, class, brand, or trade name;

236 Grade. Holder or licensee. Inspector. License. Lubricating oil. Minister. Motor spirits. Person. Premises. Prescribed. Pump. MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, “ Grade ”—With reference to motor spirits, includes grade or quality ; “ Holder ” or “ Licensee ”—With reference to a license under this Act, the person to whom the license is granted and any person upon, to or in whom the license devolves or is assigned or vested by operation of law. “ Inspector ”—Any inspector appointed under this Act: The term includes any member of the Police Force appointed to act as an inspector, and also any person acting under the direction or in aid of an inspector; “ License ”—A license granted under this Act and in force at the material time, and, with reference to any particular provision of this Act, a license of the description appropriate according to that provision; “ Lubricating oil ”—Petroleum or other oils, or mixtures of oils, suitable for the lubrication of moving parts of machinery, and includes petroleum greases and compounds of oils with other substances to form lubricating grease and mixtures of oils with plastics ; “ Minister ”—The Secretary for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act; “ Motor spirits ”—Liquid petroleum products or similar hydrocarbons distilling completely below 225° C. and suitable for use as fuel in internal combustion engines and includes motor benzole and power alcohol; “ Person ”—Includes a body corporate ; “ Premises ”—Includes any land, whether improved or unimproved, and whether open or enclosed, and any building or other structure whatsoever, and any wharf, jetty, or pier; “ Prescribed ”—Prescribed by this Act. “ Pump ”—Includes the storage tank and equipment associated with the use of any pump for the retail sale of any motor spirits ;

1957. MOTOR SPIRITS. Motor Spirits Distribution Act. 237 “ Regulations ”—Regulations made or purporting Regulations, to be made under the authority of this Act; “ Retailer ”—Means a person, other than R Retailer, wholesaler, who sells motor spirits to any other person, whether in conjunction with any other business or not; and in respect of a sale made by a wholesaler to a person, other than a bulk consumer, for any purpose other than resale, includes that wholesaler; but does not include a person who sells motor spirits in quantities of less than one gallon otherwise than through pumps ; “ Sell ”—Includes sell by wholesale or by retail Sen. and barter, exchange, or supply for profit, assign or part with possession for valuable consideration, offer or expose for sale, keep or have in possession for sale, or send, forward, consign, or deliver for or on sale, and to authorise, cause, permit, allow, suffer, or attempt any of such things ; “This Act”—This Act and all Proclamations,XhisAct Orders in Council, and regulations made or purporting to be made hereunder; “ Wholesaler ”—Means a person who sells motor wholesaler, spirits to any other person for the purposes of resale or to any other person who purchases the motor spirits as a bulk consumer. (2.) Derivatives of a term to which a meaning is assigned by subsection one of this section, shall have correspondingly inclusive meanings. (3.) The Governor in Council may, from time to time, by Order in Council modify the meaning assigned to any term by subsection one of this section. 5. This Act shall be administered by the Minister Adminig. and, subject to the Minister, by inspectors and other tration. officers appointed in pursuance of this Act. 6. (1.) The Governor in Council may from time officers, to time appoint under and for the purposes of this Act a Registrar of Licenses, and such deputy registrars of licenses, inspectors, and other officers as he deems necessary for the effectual administration of this Act.

238 MOTOR SPIRITS. Motor Spirits Distribution Act, 6 E liz . II. No. 10, Power to exempt retailers. Appointees as aforesaid shall be appointed and hold their respective offices under, subject to, and in accordance with *“ The Public Service Acts, 1922 to 1955.” (2.) The Minister may, by notification published in the Gazette, appoint any member of the Police Force to act as an inspector under and for the purposes of this Act, and may in like manner cancel such an appointment. (3.) An officer of the Public Service may, in addition to the position which he holds therein, be appointed also the Registrar of Licenses, a deputy registrar of licenses, an inspector, or to perform such duties under this Act as the Governor in Council may direct or as may be prescribed. The Registrar of Licenses, a deputy registrar of licenses, an inspector, or other officer appointed under this Act may hold his appointment under this Act in conjunction wdth any other position in the Public Service. (4.) Any appointment as the Registrar of Licenses, a deputy registrar of licenses, or an inspector may be made by the appointment of the holder for the time being of an office under the Crown in right of this State, specifying the office but without naming the holder ; and in every such case each successive holder of the office in question and each person who for the time being occupies, or performs the duties of, that office shall without further appointment or other authority, and while he holds or occupies or performs the duties of that office, be the Registrar of Licenses, a deputy registrar of licenses, or an inspector in terms of such appointment. 7. The Governor in Council may from time to time by Order in Council exempt, subject to such terms and conditions as may be specified in the Order, from all or any of the provisions of this Act any retailer or class of retailer ; and while the Order continues in force this Act or such provisions thereof shall not extend to or apply to any retailer or class of retailer specified in the Order. For the purposes of this section retailers may be classified by reference to locality, manner of selling motor spirits, or otherwise as the Governor in Council deems fit. 13 G. 5 No. 31 and amending Acts.

MOTOR SPIRITS. 239 1957. Motor Spirits Distribution Act. If any retailer fails in any respect to comply with such terms and conditions the exemption shall in relation to him be void and of none effect. This section applies so that every retailer shall be presumed to be subject to this Act unless and until exemption under this section is proved. 8. (1.) The Minister may from time to time, in Power of relation to any matters or class of matters, or in relation delegatl0n to a particular part of the State, by instrument in writing under his hand delegate all or any of his powers, functions, and authorities under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, functions, and authorities may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, functions, and authorities under this Act as may be specified in the instrument of delegation to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office, may exercise or, as the case may be, shall perform without further or other authority, and while he holds or occupies or performs the duties of that office, the delegated powers, functions, and authorities with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. (2.) Where, by or under this Act, the exercise of a power, function, or authority of the Minister is dependent upon the opinion, belief, or state of mind of the Minister in relation to any matter, that power, function, or authority may be exercised upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section. (3.) The Minister may, at his will, revoke a delegation made by him under this section. No delegation shall prevent the exercise of any power, function, or authority by the Minister.

240 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, (4.) The Minister may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable. (5.) The Minister may cause to be published in the Gazette any delegation made by him under this section. Thereupon the delegation shall be judicially noticed and such publication shall be conclusive evidence of the matters contained therein. Grant and transfer of licenses. 9. (1.) Subject to this Act, the Minister may grant and transfer licenses under this Act. (2.) Where a license is granted subject to terms and conditions every transfer thereof shall, unless the Minister directs otherwise, be deemed to be granted under and subject to those terms and conditions. Cancellation, 10. (1.) The Minister may cancel or suspend any saunsdpension, license under this Act— surrender of licenses. (a) If the holder of that license for the time being is convicted three times within a period of twelve months for offences against this Act; or (b) If in his opinion the holder of that license for the time being has failed in any respect to comply with the terms and conditions to which that license is subject; or (c) If in his opinion the license has been issued upon information which is in any respect false or misleading ; or ( d ) If in his opinion the business to which the license relates is not being carried on. (2.) Suspension of a license shall whilst the suspension is in force have the same effect as a cancellation of the license and the Minister may, when suspending a license, fix the period of its suspension or he may suspend it without fixing the period of its suspension. (3.) Where the Minister has upon any date suspended a license without fixing the period of its suspension, the onus of proof that such license is in force at any later date shall be on the defendant, but without prejudice to the right of the prosecutor to adduce evidence proving or tending to prove that such license is not in force at that later date.

MOTOR SPIRITS. 241 1967. Motor Spirits Distribution Act. (4.) The holder of a license shall not be entitled to claim or receive any compensation in respect of the cancellation or suspension thereof, or any expense he may have incurred in acting or with a view to taking action under such license. (5.) On cancellation, the license affected thereby and all rights, interests, and privileges thereunder shall absolutely cease and determine. (6.) The Minister may cancel or suspend any license for failure by the holder thereof to comply with any term or condition, express or implied, of the license notwithstanding that such holder has not been proceeded against for any offence constituted by such failure. (7.) Without limiting the mode of cancelling or suspending a license, any license may be cancelled or suspended by notice published in the Gazette. (8.) Any license granted under this Act may with the prior permission of the Minister, be surrendered. 11. (1.) Licenses under this Act shall be of the Description following descriptions, namely :— and form of licenses. (а) A retailer’s license ; and (б) A wholesaler’s license. (2.) A retailer’s license shall authorise the holder, Manner according as specified in the license,— in which retailer (a) To sell motor spirits both through pumps munadyersell and otherwise than through pumps ; or license. ( b ) To sell motor spirits exclusively through pumps ; or (c) To sell motor spirits in any manner except through pumps. . (3.) Every license shall specify— (а) The name of the person to whom the license is granted; (б) The date whereon the license comes into force; and (c) In the case of a retailer’s license, the premises in which the holder thereof is thereby authorised to carry on the business of a retailer and the manner in which he is thereby authorised to sell motor spirits.

242 MOTOR SPIRITS Motor Spirits Distribution Act. 6 E liz . II. No. 10, (4.) Every license, and every transfer of a license under this Act shall be in or to the effect of the prescribed form. (5.) A retailer’s license shall not authorise the holder thereof to carry on the business of a retailer in more premises than one, but the same person may apply for and be granted two or more retailer’s licenses, respectively in respect of different premises. Applications 12. (1.) Every application for a license or for the or icenses. j.ransfer Gf a license shall be made to the Registrar of Licenses or a deputy registrar of licenses and shall— (a) Be in or to the effect of the prescribed form; (b) Contain or be accompanied by, according as may be prescribed, the prescribed information and particulars with respect to the applicant and additionally, in the case of an application for a retailer’s license, to the premises to which his application relates ; (c) Be accompanied by the prescribed payment in respect of the fee therefor ; (d) Be made by the applicant in his true name and signed by him ; and (e) Be verified as prescribed. (2.) A person other than the applicant who, for the benefit of the applicant for a license or transfer of a license, furnishes in respect of an application any information or particulars shall do so in a separate document under his true name, and that document shall be signed by him and verified as prescribed. (3.) In respect of any application for a retailer’s license or transfer of a retailer’s license the Minister may cause to be made inquiries for the purpose of ascertaining whether the applicant is a suitable person to be licensed according to his application or not, whether the premises to which the application relates are suitable for use for carrying on the business of a retailer or not, and otherwise as the Minister deems fit, and, without limiting the foregoing provisions of this section, the Minister may require the applicant to furnish to him, within the time directed by him, all such further information and particulars as he deems relevant to the purpose of the inquiry under this subsection.

MOTOR SPIRITS. 243 1957. Motor Spirits Distribution Act. 13. (1.) Subject to this section the Minister shall an0df grant to a person who— wholesalers’ (a) Applies for as prescribedand licenses. (b) Pays the prescribed amount of the fee, a wholesaler’s license under this Act or a transfer of such a license. (2.) The Minister may refuse to grant a wholesaler’s license under this Act or a transfer of such a license to a person who— (a) At the time of applying holds such a license which is then suspended under this Act; or (b) Previously held such a license which was cancelled under this Act. (3.) Subject to the provisions of subsection four of this section, in every wholesaler’s license there shall be implied, unless in any particular case the Minister decides otherwise, the following conditions (a) That, save in respect of any retailer’s license held by the holder in his own name, the holder shall not have or acquire whether in the name of any nominee or by means of any device or arrangement whatsoever, any direct or indirect estate or interest in any business to which a retailer’s license applies, or in any other business carried on by the holder of a retailer’s license, whether by way of shares in a company, or by way of charge, loan, guarantee, indemnity, or otherwise, so as to affect the ownership, management, or control of any such business as aforesaid : Provided that nothing in this condition shall apply with respect to any pump installed by a wholesaler: Provided also that nothing in this condition shall apply with respect to— (i.) Any estate or interest in existence on the nineteenth day of March one thousand nine hundred and fifty- seven ; or (ii.) Any variation of any such estate or interest in existence as aforesaid taking place before the date of the passing of this Act; or

244 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, (iii.) Any new estate or interest created before the date of the passing of this Act pursuant to a contract or commitment in existence on the nineteenth day of March one thousand nine hundred and fifty-seven; ( b) That the holder shall, upon tender of the price lawfully payable therefor, sell to any holder of a retailer’s license any quantity required by that retailer of the description of motor spirits (including grades thereof) or of lubricating oils (including grades thereof) sold by the wholesaler in the ordinary course of his business, unless prevented by circumstances not reasonably able to be foreseen or beyond the control of the wholesaler; (c) That the holder shall not install any pump or change the site of any pump on the premises of a retailer (including on any premises in respect whereof he holds the retailer’s license) contrary in any respect to the terms and conditions of a license under this Act held by the retailer; (d) That the licensee shall comply in all respects with any enactment relating to the sale of motor spirits. (4.) Nothing in subsection three of this section shall apply to any retailer’s license which does not authorise the holder to sell motor spirits through pumps. Grant and 14. (1.) With respect to retailers’ licenses, in the rtreatanislfeerrs’ of exercise of his powers the Minister shall have regard licenses. to the regular, orderly, and efficient control of the sale of motor spirits and to ensuring, as far as is consistent with fair and reasonable competition in the motor spirits industry, that members of the public in each locality where the holder of a retailer’s license carries on business have a reasonable opportunity of purchasing the several descriptions, and grades of descriptions, of motor spirits sold by holders of wholesalers’ licenses.

MOTOR SPIRITS. 1957. Motor Spirits Distribution Act. (2.) With respect to retailers’ licenses, in the exercise of his powers the Minister shall also, within the jurisdiction conferred on him by this Act, have regard to preventing,— (a) Any wholesaler from giving or from refraining from giving to any person any rebate, refund, concession, allowance, reward, or valuable consideration for the reason, or upon the express or implied condition, that that person— (i.) Purchases or does not purchase motor spirits exclusively or principally from the wholesaler; or (ii.) Does not purchase or purchases motor spirits from any other wholesaler ; or (iii.) Restricts or does not restrict his purchase of motor spirits from any other wholesaler ; (6) Any wholesaler from refusing or restricting the sale of motor spirits to any person for the reason that that person has bought or intends to buy motor spirits from any other wholesaler or has not undertaken or will not undertake to buy motor spirits principally or exclusively from the wholesaler ; (c) Any wholesaler from monopolizing wholly or partially the wholesale supply in Queensland or any part thereof of motor spirits. (3.) (a) The Minister may grant or refuse to grant any retailer’s licehse or the transfer of any retailer’s license under this Act. ( b) Any person to whom the powers of the Minister conferred by this section have been delegated shall refuse to grant or to transfer any retailer’s license if thereunto directed by the Minister. (c) If any person to whom the powers of the Minister conferred by this section have been delegated refuses to grant or to transfer any retailer’s license, the applicant therefor may require him to refer the matter to the Minister for direction. ( d ) The determination of the Minister that a retailer’s license or the transfer thereof shall or shall not be granted, as the case may be, shall be final and 245

246 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, conclusive of that matter, and it is hereby declared that the Minister may act in the matter according as he, in his absolute discretion, deems fit. (e) In granting any retailer’s license or a transfer thereof the Minister, subject to this Act, may— (i.) Grant the license or transfer without any of the terms and conditions specified in section sixteen of this Act; or (ii.) Grant the license or transfer subject to such of those terms and conditions as may be fixed by him. (/) A retailer’s license or a transfer thereof granted by a delegate, by direction of the Minister, shall be so granted subject to such terms and conditions, if any, as the Minister specifies in the direction. Matters to be 15. In considering any application for a retailer’s icnonsidered license the Minister shall have regard to— determining application (a) The extent to which the service proposed to be for retailer’s rendered by the applicant is necessary or license. desirable in the public interest; ( b) The numbers of descriptions and of grades of descriptions of motor spirits and of lubricating oils proposed to be sold by the applicant; (c) The extent to which motor spirits or any description or grade of motor spirits sold by the holders of wholesale licenses are available for retail purchase in the locality or localities proposed to be served by the applicant or can be so made available within the limits of fair and reasonable competition in the motor spirits industry; (d) The desirability of providing and maintaining a reasonable standard of living and satisfactory working conditions in the motor spirits industry; (e) The suitability of the site of the proposed business ; and (/) Such other matters as, having regard to the purposes of this Act, the Minister thinks proper or aS may be prescribed.

MOTOR SPIRITS. 247 1957. Motor Spirits Distribution Act. 16. (1.) The Minister may, to the extent he deems Conditions fit, subject any retailer’s license to conditions— licenses.61* (a) Prescribing the minimum number of pumps through which motor spirits must be sold under the authority of the license ; ( b) Prescribing (but without specifying descriptions) the minimum number of descriptions of motor spirits, or of motor spirits of any specified grade, which must be sold under the authority of the license ; (c) Requiring any specified description of motor spirits, or any specified grade of any specified description of motor spirits, to be sold under the authority of the license ; (d) Prescribing the number of pumps through which any specified description of motor spirits, or any specified grade of ahy specified description of motor spirits, must be sold under the authority of the license ; (e) Prescribing the site on which any specified pump is to be located ; (/) Prescribing (but without specifying descriptions) the minimum number of descriptions of lubricating oils, or of lubricating oils of any specified grade or grades, which must be sold by thie holder of the license at the premises to which the license relates ; and (g) Requiring any specified description of lubricating oils, or any specified grade of any specified description of lubricating oils, to be sold by the holder of the license at the premises to which the license relates. (2.) The Minister, as he deems fit, may from time to time, by notice in writing, amend or revoke any of the conditions referred to in subsection one of this section to which a retailer’s license is subjected for the time being, or impose any of those conditions to which the license is not then subjected. Every notice under this subsection shall be deemed to be included in and to form part of the license to which it relates.

248 MOTOR SPIRITS. Motor Spirits Distribution Act . 6 E liz . II. No. 10? (3.) Conditions imposable by the Minister under this section may be imposed by him at his absolute discretion, and differently in respect of different retailer’s licenses. (4.) Nothing in this section shall apply to any retailer’s license which does not authorise the holder to sell motor spirits through pumps or to the retail sale of motor spirits in accordance with any such license. Conditions implied in retailers’ licenses. 17. (1.) Subject to the provisions of subsection two of this section, in every retailer’s license there shall be implied, unless in any particular case the Minister decides otherwise, the following conditions— (a) That, save in respect of any retailer’s license held by the holder of a wholesaler’s license in his own name, the holder shall not cause or permit the holder of a wholesaler’s license to have or acquire, whether in his own name or in the name of any nominee or by means of any device or arrangement whatsoever, any direct or indirect estate or interest in any business to which the retailer’s license applies, or in any other business carried on by the holder of the retailer’s license, whether by way of shares in a company, or by way of charge, loan, guarantee, indemnity, or otherwise, so as to affect the ownership, management, or control of any such business as aforesaid : Provided that nothing in this condition shall apply with respect to any pump installed by a wholesaler: Provided also that nothing in this condition shall apply with respect to— (i.) Any estate or interest in existence on the nineteenth day of March one thousand nine hundred and fifty-seven; or (ii.) Any variation of any such estate or interest in existence as aforesaid taking place before the date of the passing of this Act; or (iii.) Any new estate or interest created before the date of the passing of this Act pursuant to a contract or

MOTOR SPIRITS. 249 1957. Motor Spirits Distribution Act. commitment in existence on the nineteenth day of March one thousand nine hundred and fifty-seven; (6) That the holder shall have motor spirits and lubricating oils (including the several descriptions, and grades of descriptions thereof) regularly available for sale in accordance with the terms and conditions of his license during his normal hours of business, unless prevented by circumstances not reasonably able to be foreseen or beyond the control of the holder ; and (c) That the holder shall comply in all respects with any enactment relating to the sale of motor spirits. (2.) Nothing in this section shall apply to any retailer’s license which does not authorise the holder to sell motor spirits through pumps or to the retail sale of motor spirits in accordance with any such license. 18. Every license shall be signed by or on behalfTh® license of the Minister and, subject to the provisions of this Act, shall take effect according to its tenor to authorise the licensee, but no other person, to carry on the business of. a retailer or a wholesaler, as the case may be, in accordance with the terms and conditions of the license whether expressed therein or by this Act prescribed to be implied therein. 19. (1.) The Registrar of Licenses and deputy Registers of registrars of licenses shall, in accordance with regulations,icenses in that behalf, keep such registers oflicenses granted under this Act as are prescribed by regulations. (2.) Evidence of the contents of every such register may be given in any proceedings by a certificate under the hand of the Registrar of Licenses or a deputy registrar of licenses by whom the same is kept and every such certificate shall be primd facie evidence of the matters stated therein. (3.) A certificate under the hand of the said Registrar or such a deputy that on a date specified in the certificate the name of any person did pot appear in any register or, in the case of a deputy, any register kept by him as the holder of a license under this Act

250 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, shall, until the contrary is proved, be sufficient evidence that that person was not the holder of any license to which the register relates on that .date. (4.) For the purposes of this section the signatures of the said Registrar and of all such deputy registrars shall be judicially noticed. lDicuernasteiso. n of date 2 s 0 p . ecEifiveedryinlitchenastebieshsuaelfdinshtahlle tlaikceeneseffeacntdf,rosmubjtehcet to this Act, shall continue in force without limit of time. lrFieceneeenswsfeaoslrsa.nd powe 2 r 1 t . o( 1p.) reIsncrirbeespebcyt orfegluicleantisoenssunfedeesr sthhiasllAicntc,luthdee power to prescribe— (a) Annual amounts not exceeding twenty-five pounds of such fees ; (b) Fees differing in amounts, including annual amounts, in respect of retailers’ licenses and wholesalers’ licenses, respectively; (c) In respect of retailers’ licenses fees differing in amounts as between such licenses according to the manner in which the holder is authorised by the license to sell motor spirits, the locality of the premises to which the license relates, or any other specified thing or circumstance. (2.) Every application for a license under this Act shall be accompanied by the amount of the annual fee prescribed therefor, and every application for the transfer of a license under this Act shall be accompanied by the amount of the fee prescribed therefor. If the license or transfer applied for is refused, the payment made by the applicant under this subsection shall be refunded to him. (3.) In every license under this Act there shall be implied a condition that the holder of the license shall pay the amount of the annual fee prescribed in respect of that license for the second and each succeeding year thereafter during which the license continues in force seven days before the date when the year in respect whereof the fee is payable commences.

MOTOR SPIRITS. 251 1957. Motor Spirits Distribution Act. (4.) Subject as prescribed by the regulations, payment of any fees payable under this Act may be made to the Registrar of Licenses or to a deputy registrar of licenses. 22 . ( 1 .) If the premises to which a retailer’s Temporary license relates are by fire, tempest, or other calamity, premises, or through alterations, renovations, repairs, demolition for rebuilding, or other like cause rendered unfit for use as such, the Minister may permit, in writing, the holder of the license to carry on the business of a retailer in some other premises specified in the permit. (2.) The period of temporary use shall be specified in the permit, and the Minister may, in writing, extend that period. (3.) During the period and any extension of the period during which a permit under this section remains in force, the premises specified in that permit shall be deemed to be those to which the license in question relates and this Act and that license, including the conditions of that license, shall apply accordingly with respect to the carrying on, by the holder of that license in those premises, of the business of a retailer. *23. (I.) This section shall come into force on a Retail date to be fixed by the Governor in Council by of Proclamation published in the Gazette. spirits to be licensed. The Governor in Council may fix rthat date differently for different Local Authority Areas or groups of two or more such areas as determined by him and specified in the relevant Proclamation. For the purposes of fixing dates differently as aforesaid the Governor in Council may make Proclamations under this section from time to time as he deems expedient. In this subsection the term “ Local Authority Area ” includes, as well as the area of any and every Local Authority under and within the meaning of The Local Government Acts, 1936 to 1956,” the Area of the City of Brisbane and any area in respect whereof the corporation of The Commissioner of Irrigation and Water Supply* * Proclamation unde rthis section, pubd. Gaz. 11 May 1957, p, 208-9, disallowed, by Legislative Assembly on 12 June, 1957. f 1 G. 6 No. 1 and amending Acts.

252 MOTOR SPIRITS. Motor Spirits Distribution Act, 6 E liz . II. No. 10, constituted under *“ The Irrigation and Water Supply Commission Acts, 1946 to 1949,” or a corporation constituted under any other Act, is the Local Authority. (2.) On and after the date when this section comes into force in a Local Authority Area a person shall not— (a) Without the authority of a retailer’s license, carry on the business of a retailer in that Local Authority Area ; or (b) Being the holder of a retailer’s license, carry on the business of a retailer in any premises in that Local Authority Area not specified in that license; or (c) Being the holder of a retailer’s license, sell motor spirits in a manner not authorised by that license. Penalty: Not less than one hundred pounds and, subject to that minimum, not exceeding twenty pounds for each and every day during which the offence continues. Wholesale seller’s license. f24. (1.) This section shall come into force on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (2.) On and after the date when this section comes into force a person shall not, without the authority of a wholesaler’s license, carry on the business of a wholesaler. Penalty: Not less than five hundred pounds and, subject to that mininum, not exceeding one hundred pounds for each and every day during which the offence continues. Licensees to 25. A holder of a retailer’s license or of a wholesaler’s tceormmpslyanwdith license shall comply in every respect with the terms and coofnlidcietniosness. coornpdrietsiocrnisbeodfbtyhathtisliAcecntsteo, bwehiemthpelriedextphreersesined. therein Penalty : In the case of a holder of a wholesaler’s license, two hundred pounds, and (if the offence is a continuing one) a further penalty not exceeding thirty pounds for each and every day during which the offence continues ; and in the case of a holder of a retailer’s* * 11 G. 6 No. 11 and amending Acts. f Proclamation under this section, pubd. in Gaz. 11 May 1957, p. 208, disallowed by Legislative Assembly on 12 June, 1957,

MOTOR SPIRITS. 253 1957. Motor Spirits Distribution Act. license fifty pounds, and (if the offence is a continuing one) a further penalty not exceeding five pounds for each and every day during which the offence continues. 26. (1.) A person shall not— Forgery of license, &c. (a) Forge or counterfeit any license, notice, or permit under this Act; or ( b) Utter, or make use of any such license, notice, or permit so forged or counterfeited; or (c) Personate any person named in any license, notice, or permit under this Act; or (d) Falsely pretend to be an inspector or an officer appointed pursuant to this Act; or (e) Connive at any such forging, counterfeiting, uttering, making use, personating, or pretending as aforesaid. (2.) A person who is required by or under this Act False return to furnish a return or make a declaration shall not make declaration, a return or declaration which is, in any respect, false or misleading. (3.) An applicant for a license, or the transfer of a license under this Act, shall not include in, or submit in connection with, such application any information or particular which is, in any respect, false or misleading. (4.) Any person guilty of an offence against this section shall be liable to a penalty of not more than one hundred and fifty pounds or to imprisonment for any period not exceeding six months, or to both such penalty and imprisonment. 27. Every inspector shall be furnished with a Certificate certificate of appointment, and upon entering any appojnt. premises, shall upon being thereunto required by thement. owner, occupier, or person apparently in charge of the premises, produce such certificate. 28. Any inspector, in addition to such other powers General and duties as from time to time devolve upon him under this Act, may— (a) Call to his aid— (i.) Any member of the Police Force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ;

254 Inspector may require name and address. MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, (ii.) Any person he may think competent to assist him in making any inspection or examination; (6) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with by any person or in respect of any premises; (c) Question, with respect to matters under this Act, the owner or occupier of any premises, every person whom he finds in or on any premises, and every person who has been within the preceding six months employed in or on any premises to ascertain whether this Act has been or is being complied with in respect of those premises and require any such person to answer the questions put and to sign a declaration of the truth of his answers ; (d) Require the production of any license, notice, or permit, and of any book, account, or record, which by this Act is required to be had or kept or which is in his opinion material to any inquiry by him under this Act and inspect, examine, and take copies of or extracts from the same; (e) At any time, stop, enter upon, and examine any vehicle used, or which he suspects to be used, in connection with the business of any wholesaler or retailer; (/) Enter, search, and inspect any premises used, or which he suspects to be used, in connection with the business of any wholesaler or retailer, and examine and open any pump, tank, or other receptacle containing or capable of containing motor spirits found by him upon such entry; and (g) Exercise such other powers and authorities as may be prescribed. 29. Any inspector who— (a) Finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or

MOTOR SPIRITS. 255 1957. Motor Spirits Distribution Act. (b) Is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person ; or (c) Is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling him to carry out his powers and duties under this Act, may require such person to state his name and address, or name or address, and, if he has reasonable ground to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof. 30. The owner or occupier of any premises, and Bi Owners and person in charge or apparently in charge of any premises, shall furnish to any inspector all reasonable assistance entry and all such information which he is capable of furnishinginspectiou- or as required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act. 31. (1.) A person shall not— Obstructing (a) Assault, resist, or obstruct an inspector in the inspector, exercise of his powers or in the discharge of&0, his duties under this Act, or attempt so to do ; or (b) Fail to answer any question put to him in pursuance of this Act by an inspector or give to any such question an answer which is in any respect false or misleading ; or (c) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or (d) When required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading ; qr (e) Fail, without reasonable excuse tjie proof whereof shall lie upon him, to produce any license, notice, or permit or any book,

256 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, account, or record, which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such license, notice, permit, book, account, or record ; or (/) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or (g) Use any threat or any abusive or insulting language to any inspector or to any other person with respect to any inspection or examination or questioning. Penalty : Two hundred pounds. (2.) No person shall be required under this section or under section twenty-eight, or section twenty-nine, or section thirty of this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself. (3.) In this section the term “ inspector ” includes any person acting under lawful authority under or pursuant to this Act. Offences. 32. (1.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (2.) Every person who aids, causes, or procures, or is in any way knowingly concerned in the commission of an offence against this Act shall be deemed to have committed that offence and may be proceeded against and shall be punishable accordingly. Summary (3.) All offences against this Act may be prosecuted proceedings. in a summary way under *“ The Justices Acts, 1886 to 1956,” upon the complaint of any person thereunto authorised by the Minister. Time for (4.) A prosecution for an offence against this Act cmoemnmt oefnce­ may be instituted at any time within twelve months prosecution. after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. * 50 V. No. 17 and amending Acts.

MOTOR SPIRITS. 257 1957. Motor Spirits Distribution Act. ( 5 .) Any person guilty of an offence against General this Act shall, if no specific penalty is provided forpenalty’ &0‘ that offence, be liable to a penalty not exceeding one hundred pounds. (6.) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of that offence shall not be reduced below any prescribed minimum amount of penalty. 33. (1.) Where a body corporate offends against Liability this Act each and every one of the following persons ^offences shall be deemed to have committed the offence, and corporations, shall be liable to be proceeded against and punished accordingly, namely— (а) The managing director, manager or other governing officer, by whatever name called, and every member of the governing body, by whatever name called thereof; and (б) Every person who in Queensland manages or acts or takes part in the management, administration, or government of the business in Queensland of the corporation. (2.) This section applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it. 34. (1.) Any notice or other document whatsoever Service of under the provisions of this Act may be given or delivered doouments- to or served upon any person— (a) By delivering the same to such person personally; or ( b ) By leaving the same at the usual place of business or address of such person or at his last-known place of business or address or, in the case of a holder of a license under this Act, at the place of business or address, if any, stated in the license ; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual place of business or address, or at his last- known place of business or address, or in

258 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, the case of a holder of a license under this Act, at the place of business or address, if any, stated in the license. (2.) In any prosecution for an offence against this Act a certificate under the hand of the Minister, or of any person to whom the Minister has made a delegation under this Act, that a writing annexed to the certificate is a true copy of a notice or document forwarded by post by prepaid letter by the Minister or by that person, as the case may be, to the defendant on the date stated in the certificate shall be evidence (and in the absence of evidence in rebuttal shall be conclusive evidence) of the matters certified to and that the original notice or document of which the writing purports to be a copy was received by the defendant on or about the time at which it would be delivered in the ordinary course of post if it had been posted on the date stated in the certificate and that the signature on the certificate is the signature of the person by whom it purports to have been signed. ’ (3.) In any proceeding under or for a purpose of this Act the production in evidence of a copy of the Gazette purporting to contain a notice made or given by the Minister, or by any person to whom the Minister has made a delegation under this Act, shall be conclusive evidence of the making or giving by the Minister or by that person of that notice and of the contents thereof. Regulations. 35. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that in his opinion are convenient for the administration of this Act or that in his opinion are necessary or expedient for carrying out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things :— (a) Prescribing, providing for, regulating, and controlling the powers and duties of inspectors and other officers ; (b) Prescribing and regulating and controlling applications for and the granting of (or either description of) licenses under this Act and the subscribing of declarations as

MOTOR SPIRITS. 1957. Motor Spirits Distribution Act. to the truth of any statements in or in connection with such applications ; and all or any matters and things relating to the surrender, transfer, cancellation, suspension, and endorsement, of such licenses ; and the transfer and transmission of such licenses to persons upon, to or in whom the licenses devolve, or are assigned or vested by operation of law ; and the issue of duplicates for any of them which may be lost or destroyed, or whereon the particulars have become illegible ; (c) Prescribing fees payable under this Act as the Governor in Council considers appropriate and the matters in respect of which such fees shall be paid, and prescribing the persons by whom and the places and times when and where such fees shall be paid, so that fees of different amounts may be prescribed both in relation to different matters and, by reference to different classes of persons, or localities, or circumstances, the same matters ; (d) Prescribing forms under this Act and the respective purposes for which such forms or forms to like effect shall be used ; (e) Prescribing returns of any prescribed information, statistics, and data to be furnished to the Minister or to any prescribed person and the contents thereof, by such persons or all persons comprised in such classes of persons as may be prescribed, and the time and mode of making and furnishing the same ; (/) Prescribing, providing for, regulating, and controlling the form of registers respectively of retailer’s licenses and of wholesaler’s licenses under this Act (which registers or any of them may be prescribed to be according to a loose-leaf or card-index system) to be kept by the Registrar of Licenses and by deputy registrars of licenses ; and the information and particulars to be recorded in such registers and the manner of its recording therein; 259

260 MOTOR SPIRITS. Motor Spirits Distribution Act. 6 E liz . II. No. 10, (g) Prescribing, providing for, regulating, and controlling the books and records pertaining to the business of a retailer or, according to the description of license, of a wholesaler to be kept by holders of licenses under this Act (or, in the case of retailer’s licenses, holders thereby authorised to sell petrol in a particular manner) and the manner of keeping of such books and records ; (h) Prescribing a specific penalty for any offence against any regulation, provided that the amount of any such penalty shall not exceed one hundred pounds ; and (i) All matters required or permitted by this Act to be prescribed excepting such a matter so required to be prescribed otherwise than by regulation. The power to make any regulation shall include power thereby to prohibit either generally or to meet particular cases. (2.) The power to make any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to persons, matters, or things included in any class thereof. Publication 36. (1.) Every Proclamation, Order in Council, Pofroclama­ and regulation made under this Act shall— tions, &e. (a) Be published in the Gazette and upon such publication be of force and effect as if it were an enactment of this Act and shall not be questioned in any proceeding whatsoever; ( b ) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein and of the power and authority to make it;

1957. MOTOR SPIRITS. Motor Spirits Distribution Act. 261 (c) Take effect from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date ; and (d) Be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and sitting for the despatch of business and if not, then within fourteen sitting days after the Legislative Assembly again sits for the despatch of business. (2.) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before it disallowing the same or part thereof, that Proclamation, Order in Council, regulation, or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of any further Proclamation, Order in Council, or regulation. 37. No misnomer, inaccurate description, or inaccurate omission in or from any Proclamation, Order in Council, descriptions, regulation, license, notice, permit, or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood. 38. Any contract, agreement, or other transaction Contracting whatsoever, whether made or entered into before, onout' or after the passing of this Act, which, or any term, provision or condition of which is inconsistent [with the requirements of this Act, including any license under this Act, shall, to the extent of that inconsistency, have no force or effect.