Noise Abatement Act Amendment Act 1984 (Qld)

1116 u Q eeustanb ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 100 of 1984 An Act to amend the Noise AbatementAct 1978 -1983 in certain particulars [ASSENTED To 6TH DECEMBER, 1984]

Noise Abatement Act Amendment Act 1984, No. 100 11 17 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:- 1. Short title and citation . This Act may be cited as the Noise Abatement Act Amendment Act 1984. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation . (1) In this act the Noise Abatement Act 1978-1983 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Noise Abatement Act 1978-1984. 4. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by, in subsection (1)- (a) inserting after the definition "by-law" the following definition:- "chairman" means the chairman of the Noise Abatement Authority appointed under this Act and includes any person acting in accordance with this Act as chairman;"; (b) inserting after the definition "commercial premises" the following definition:- "deputy chairman" means the deputy chairman of the Noise Abatement Authority appointed under this Act and includes any person temporarily performing the duties of deputy chairman;". 5. Repeal of s. 43. Membership of Authority . The Principal Act is amended by repealing section 43 and substituting the following section:- "43. Membership of Authority . (1) The Authority shall consist of the following members:- (a) a chairman; and (b) six other members, or such greater number of other members as the Governor in Council directs from time to time, appointed as representative, in the opinion of the Governor in Council, of interests likely to be affected by the administration of this Act. (2) If the Governor in Council directs that membership of the Authority be increased during the term of appointment of

1 118 Noise Abatement Act Amendment Act 1984, No. 100 members then current, the term of appointment of the additional member or members shall be the balance of the term of appointment then current of the other members of the authority in lieu of the term of appointment referred to in section 45 (1). (3) Each member of the Authority shall be appointed by the Governor in Council by notification published in the Gazette. (4) The Governor in Council may from time to time appoint one of the, members, other than the chairman, to be deputy chairman of the Authority. A member appointed as deputy chairman shall hold the appointment at the pleasure of the Governor in Council and shall, while he holds the appointment and during any absence of or vacancy in the office of the chairman, have and may exercise all the powers and authorities and shall perform all the duties of chairman. (5) The Authority shall be taken to be constituted upon the publication in the Gazette of notification of the appointment of its members. (6) Upon the commencement of section 5 of the NoiseAbatement Act Amendment Act 1984, the persons who, immediately prior to that commencement, held office as members of the Authority shall go out of office.". 6. Repeal of s. 44. Appointment of members of Authority. The Principal Act is amended by repealing section 44 and substituting the following section:- "44. Appointment of public servants as members . An officer of the Public Service of the State may be appointed as a member of the Authority and may hold that appointment in conjunction with any other appointment he holds in the Public Service.". 7. Amendment of s. 46 . Casual vacancies . Section 46 of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting the words "(duly nominated)"; (c) omitting subsection (2). 8. Amendment of s. 47. Appointment of deputy members. Section 47 of the Principal Act is amended by- (a) in subsection (1), omitting all words from and including the words "may, in writing," to the end of the subsection and substituting the words "shall, in writing, inform the Minister of that fact."; (b) omitting subsection (2) and substituting the following subsection:- "(2) Upon receipt of information, such as is referred to in subsection (1), by the Minister the Governor in Council may,

Noise Abatement Act Amendment Act 1984, No. 100 1119 by notification published in the Gazette, appoint any person as a deputy member of the Authority."; (c) omitting subsection (5). 9. Amendment of s. 51. Proceedings of Authority. Section 51 of the Principal Act is amended by, in. §ubsection (1), omitting the word "seven" and substituting the word "live".