Old-age Pensions Act of 1908 (8 Edw VII No. 6) (Qld)

MA_CHINERY AND SVAFFOLDING-PENSIONS. 9321 8 Enw. VII. N O~ 6,1908. Old-age Pensions. 9. A candidate for a first-class engine-driver's certificate shall have First·class been the holder of a second-class engine-driver's certificat.e for a period certificates. of at least twelve months, or in the alternative shall furnish satisfactory . evidence that he is an experienced engine-driver. 10. A candidate for a second-class engine-driver's certificate shall Sec~nd-claB& produce satisfactory evidence that he has been employed as fireman, or certificates. greaser, or in some other capacity about boilers and engines for a period of not less than twelve months. 11. Where s,n engine-driver uncertificated under this Act has had no Intel'im opportunity of presenting himself for examination, the board, or any en~ ine­ member thereof, or any inspector, on being satisfied as to the experience dnrt~ e; ; 8' t o f suc h engm . e- d rI ' ver, may grant h" Im an m t er ' lm ce rt' I 6 cate 0 f the proper ce wca es. grade, which shall operate accordingly until the day next afterwards appointed for the examination of engine-drivers. . _ 12. (i.) Where it appears to the board that the holder of a certificate Suspension or under this Act is guilty of any offence or misconduct, or has developed can:. ~ la~ onof any symptom of epilepsy or other serious complaint which would render eel' 1 ca . him unfit to be trusted to effieiently perform his duties as such holder, the board may call upon him to appear before such perAons as the Minister may appoint to show cause why his certificate should not be suspended or cancelled. - _ (ii.) The evidence taken at such inquiry shall be on oath or affirma- tion, which any person appointed as aforesaid may administer. - (iii) The persons appointed to hold such inquiry shall report thereon to the board. (iv.) If upon such report it appears to the board that the person called upon has failed to show good cause why his certificate should not be suspended or cancelled,the board may advise the Minister accordingly. (v.) The Minister may thereupon, by order published in the Gazette, suspend his certificate for such period as he thinks fit (and during the period of suspension he shall be deemed not to be the holder of a. -certificate), or cancel such certificate; and the order of the Minister shall be final and conclusive. OLD-AGE PENSIONS. See PENSIONS. PENSIONS. An Act to Provide for the Payment of*Old-age 8 Edw. VII. Pensions, and for other purposes. No. 6. THE OLD·AGE [ASSENTED TO 15TH APRIL, 1908.J PEN m S ' I 1 O 9 N 0 S 8. AOT B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Old-age Pensions Short title Aot of 1908," and shall commence and take effect on and and 'from the first day of July, one thousand nine hundred and: :~ ~ ~C: ;. t. eight. t 1

9322 PENSIONS. Old-age Pensions. 8 Enw. VII. No. 6, I.nterpreta- 2. In this Act, unless the context otherwise indicates, ~ ~ ~ : No. 1751, the following terms have the meanings respectively set 8.2; No. 1856, against them, that is to say:- 8.2. "Benevolent "Benevolent Asylum "-Any benevolent asylum Asylum." which is wholly or partly maintained by contributions from the Consolidated Revenue, andwhich is declared by the Governor in Council by Order in Council to be a benevolent asylum for the purposes of this Act; " Claiman t." " Claimant "-Any applicant for a pension; " Commis- sioner." " Commissioner "-Any person appointed by the Governor in Council to be a commissioner under this Act; " Hospital." " Hospital "-Any hospital which is wholly or partly maintained by contributions from the Consoli- dated Revenue, and which is declared by the Governor in Council by Order in Council to be a hospital for the purposes of this Act; " Income." "Income"-Any moneys, valuable consideration, or profits earned, derived, or received by any person for his own use or benefit by any means from any source whatever, whether in or out of Queensland; the term includes personal earnings, but does not include any payment by way of benefit from any registered friendly society, or during illness, infirmity, or old age from any trade union, provident society, or other society or association; " Minister." " Minister"-The Home Secretary or other Minister of the Crown for the time being charged with • the administration of this Act; " Paymaster." " Paymaster" - Any person appointed by the Governor in Council to be a paymaster under this Act; " Pension." "Pension"-An old-age pension under this Act; " Pen5ioner." " Prescribed." " Registrar." " Pensioner"-A pensioner under this Act; " frescribed" - Prescribed by this Act or by Regulations made thereunder; "Registrar"-The Registrar of Old-age Pensions appointed under this Act; " This Act." " This Act"-This Act and any Regulations made thereunder.

1908. , PENSIONS. Old-age Pensions. 9323 Administration. 3. (1.) The Governor in Council may from time to Registrar and t l·me appom. t aeRgI·strar 0 fOld- age p en . slO . ns, wh 0, Votah. e, rNoo.ff 1 ic 7 e 5 r 1 s. , subject to the control of the Minister, shall have the 8. 3. general administ.ration of this Act. Until other appointment', the Under Secretary to the Department of the Home Secretary shall be the Registrar. (2.) The Governor in Co~ ncil may also from time to time appoint a Deputy Registrar and such commissioners, pavmasters, and officers as he thinks necessary for carrying this Act into execution. 4. No commissioner shall execute any of the powers Oath of or authorities conferred by this Act until h.e h. as taken, ( o' offmicme l?SyS.lOner. before a Judge of the Supreme Court or DIstrICt Courts, lb., s. 4. or before a. police magistrate or justice of the peace, an oath of office in the form of the Schedule to this Act or to Schedule. the like effect. Old-age Pensions. 5. Subject to this Act, a pension shall be absolutely Pension inalienable, whether by way or in consequence of sale, f~~ ~~~ :iKe. assignment, charge, execution, insolvency, or otherwise Ib., s. 6. howsoever. 6. Subject to this Act, every person of the age ofWh~ )1nay sixty-five years, whilst in Queensland, shall be qualified ; : ~: ~ :8. to receive a pension. Ib., s. 6. 7. The following persons shall not be qualified to To whom receive a pension, namely :_ ~~ ~ t~ ns may (a ) Aliens· , o r . I g b ra ., n s t . ed 7 . . (b) l'\aturalised subjects of His Majesty, unless they . have been naturalised for the period of at least six months next preceding the date of their pension claims; 01;' (c) Chinese or other Asiatics, whether British subjects or naturalised or not; or Cd) Aboriginal natives of Australia, or Africa, or the Islands of the Pacific, or New Zealand: Provided that no woman having married an alien shall be or become disqualified to receive a pension in consequence only of such marriage. H

9324 PENSIONS. Old-age Pensions. 8 EDw. VII. No. 6, Necessary requireUJ ents. 8. No person shall receive a pension unless he fulfils Va., No. 1751, all the following requirements, namely : - s.8; No.1865, s.3. Residence. (i.) He is residing in Queensland on the date when he makes his claim to the pension; Twenty years. (ii.) On such date he has so resided, whether, continuously or not, for at least twenty years; Continuous residence for five years. (ill.) He has ref:ided in Queensland continuously for not less than five years immediately preceding such date; Good moral charactel·. (iv.) He is of good character, and is, and has been for the five years immediately preceding such date, leading a temperate and reputable life; Desertion. (v.) If a husband, during the five years immediately preceding such date, he has not for twelve months 01' upwards, withoutjust cause, deserted his wife, or without just cause failed to provide her with adequate means of maintenance, or' neglected to maintain such of his children as were under the age of fourteen years; or if a wife, during the five years immediately preced- ing such date she has not for twelve months or upwards, without just cause, deserted her llUsband or deserted such of her children as were under the agc of fourteen years; Property. (vi.) The net capital value of his accumulated pro- perty, whether in or out of ~ ueensland, does not amount to two hundred and sixty pounds or upwards; , Deprivation of income, &c. (vii.) He has not directly or indirpctly deprived him": self of property or income in order to qualify for or obtain a pension; Unable to] maintaiu himself. Pension cert,ificllte not refused. (viii.) He is unable to maintain himself; (ix.) He has not at any time within six months been refused a pension certificate, except for the reason that he was dil-iqualificd on account of his age or for re"lsons which are not in existence at the time of the further application. Occasional 9. (1.) Cqntinuous residence in Queensland shall not 8~ ort be deemed to have bf'en interrupted by occasional absence v: . : ~ ~ ~ · 1751, from Queensland unless the period of such absence exceeds s.9. three months in all in anyone year, nor in case of longer

PENSIONS. 9325 1908. Old-a.qe Etensions. absence in anyone year if the claimant provrs that his home was in Queensland or that he was absent for a mere temporary purpose and intended on leaving and during all his absence to return to Queensland so soon as the object of his absence was accomplished. (2.) A person, whether claimant or pensioner, shall not Abs,ence be deemed to be absent from Queensland during any pE'riod ~ ~ ; l~ l. ltny .of absence from Queensland if he proves that during such period his home was in Queensland, and if married that his wife and family, or his wife (if he has no farnil~7) , or his family (if his wife is dead) resided in Queensland and were or was maintained by him. (3.) In calculating any claimant's length of residence ~ eri~ d of I . n Q ueens1and,any t' Ime dUr' Ing wh l ' e I 1 h e was I.n prI.son f or InmotprtoIso( ' nomunetnt any criminal offence shall be excluded. as residence. (4-.) Residence in any other Australian State in which When . provision is made for granting old-age pensions shall count ~ ~ ldencell1 as residence in {{ueenslancl if- AJ'stralian ( a ) Tlle c 1 al · man t 1 las d urI . ng the t en years I . mme- Sastaretesi t d o t' cnocuenint diately preceding the date when he establishes Queensland. his claim continuously resided in Queensland; and (b) The Minister certifies to the Registrar that provision has been made by agreement with t.he Government of such other State as herein- after mentioned. And for the purpose of carrying out this subsection the Minister, on behalf of the Government of Queensland, may agree with the Government of any other State for the payment by such other Governme~ t of any such pension in whole Ol~ in part, or for the granting by such other State of concessions to a like amount, under the olu-age pension law of that State, to persons who have been resident in Queensland. 10. The amount of a pension shall be twenty-six Amo.'mt of pounds per year, diminished- penSlOn. (a) By one pound for every complete pound of income of' the pensioner above twenty-six pounds; and (b) Where the pensioner has any income, by one pound for every complete fifteen pounds of the net capital value, assessed as hereinafter mentioned, of all accumulated property of the pensioner.

9826 PENSIONS. Old-age Pensions. 8 EDw. VII. No. 6, vAaslsueessomfent of 11 • The net capital value of accumulated property accumul!lted shall be assessed in the prescribed manner, and, unless ' V~ : . ; t! . · 1' l51, otherwise prescribed, the following provisions shall apply:- s. 12. (a) All real and personal property owned oy any person shall be deemed to be his accumulated property; (b) From the capital value of such accumulated property there shall be deducted all charges or encumbrances lawfully and properly existing on such property, and also the sum of fifty pounds, and the residue remaining shall be deemed to be the net capital value of all accumulated property; (c) WIlPre a valuation has been made for any Local Authority of any such accumulated real property, such valuation, being the last valua- tion of such property, shall be taken by any commissioner to be the capital value of such property unless satisfactory evidence is adduced to the contrary ; (d) In the case of husband and wife, the net capital value of the accumulated property of each shall be deemed to be not less than half the total net capital value of the accumulated property of both, after allowing only one deduction of fifty pounds. This rule shall not apply where a husband and wife are living apart pursuant to any judgment, order, or deed of separation. Rules for computing income. Vs., No. 1'151, 8.13. 12. In the computation of income- (a) Where any per.son receives board or lodging or board and lodging, the actual or estimated value or cost of such board or lodging or board and lodging, not exceeding five shillings per week, shall be included in the computation of the income of such person; (b) In the case of husband and wife, the income of each shall be deemed to be not less than half the total income of both. This rule shall not apply where a husband and wife are living apart pursuant to any judgment, order, or deed of separation.

1908. PENSIONS. Old-age Pensions. Olaims. 13. (1.) Every person claiming a pension shall, in Pel!'sion the prescribed manner and form, deliver or send a pension ; : : ~ No. 1751. claim therefor to the nearest commissioner or to the B. 14. nearest paymaster or prescribed officer; and such paymaster or prescribed officer shall forthwith transmit the pension claim to the proper commissi~ mer. (2.) The pension claim shall expressly affirm all the qualifications and requirements and negative all the dis- qualifications under this Act, and shall set out the place of abode and length of residence therein of the claimant, and the place or places of abode of the claimant during the previous twelve months, and such other information as may be prescribed. (3.) Every claimant shall, by statutory declaration, affirm that the contents of his pension claim are true and correct in every particular, and if any person in any such declaration wilfully makes any false statement he shall be deemed to be guilty of perjury, and shall be punishable accordillgly. (4.) Such declaration may be made before any police magistrate, commissioner, justice, barrister, solicitor, clerk of petty sessions, paymaster, State school head teacher, or commissioner for affidavits, or any prescribed officer or person. (5.) A pension claim may be withdrawn at any time by a notice of withdrawal sent by the claimant to the commissioner to whom the claim was delivered or sent. In such case the commissioner shall forthwith transmit the original claim and notice of withdrawal to the Registrar. • 14. (1.) Upon receipt of a pension claim, the commis- Co~ mi88~ oner ~ ioner shall forth wit~ notify .the fact to the nearest officer ~ a~ ~ i- ~ . t~ : t III charge of the polIce, and It shall thereupon be the duty B.15 j No. of such officer and all other officers and members of the 1865, 8. 4. police force to make all such inquiries as may be necessary or proper for the full investigation of such claim, and, with as little delay as possible, to transmit a written report thereon to such commissioner. Upon receipt of such report, the commissioner shall in court, but sitting in private, unless for any reason the commissioner deems i t < necessary to sit ill open court, in the locality wherein the claimant resides, or as near thereto as practicable, fully ...... ~

9328 PENSIONS. Old-age Pensions. 8 Enw. VII. ~ o. 6, investigate the pension claim for the purpose of ~ scer­ taining whether the claimant is entitled to a pension, and if so at what rate. Such commissioner in such Court shall have and may exercise all the powers and authorities of a court of petty sessions. fn~ ~ ~ Ct~ g~ ~ ion. . (2.) The clerk of the Court shall notify the claimant of a date on which he may attend to support his pension claim, and the commissioner shall, on the day so notified or on the first convenient day thereafter, proceed to investigate the same: Provided that where the commis- sioner is satisfied that the reports, documents, or evidence in support of a pension claim are or is sufficient to establi8h it, he may dispense with the personal attendance of the claimant, who shall be notified accordingly. Epovliidcee,n&cec.of (3.) In order to ascertain the circumstances of any claimant, evidence may be taken at the hearing from members of the police force, and officers and members of the governing bodies of any charitable institutions or societies, or from any other persons whomsoever. Confide~ tial (4.) Officers of the Government Savings Bank, or of rSeapvoinrgt sfrBoamnk, any company, or 0 f any b U ' l ld m ' ~ sOC.le t y or . f r ' Iendly &c. society are hereby required, on demand of any commis- sioner or the Registrar or officer or member of the police force, to furnish such person with a confidential report as to any transactions in connection with any such bank, company, or society. as the case may be, by any particular claimant or pensioner. Evidenceto be (5.) No pension claim shall be granted to any claimant corroborated. unless the commissioner is satisfied as to the truth of the evidence given in support of the claim, and unless the evi- dence of the claimant is corroborated on all material points by documentary information or oral evidence, except that in respect of the age of the claimant the commissioner, if other- wise satisfied, may dispense with corroborative evidence. St~ ict rules of (6.) In investigating any pension claim the commis- t e o vlbd e enb~ m edi~ n ot g. b siuotnesrhaslhla . Ilnl Vne . osttIgbaeteboaunndd dbeytetrhmeinsetritchterumleastotefr ebvyidesnucceh, means and in such manner as in equity and good con- science he thinks fit. Power to send certain (7.) If in investigating any pension claim it appears claimants to to the commissioner that the claimant, although otherwise abseynleuvmosle. nt qualified fora pension,is unfit to be entrusted with a pension, he may recommend that such claimant instead of being granted a pension ought to be sent to a benevolent asylum or charitable institution; and the clerk of the Court shall ,.

PENSIONS. 9329 1908. Old-age Pensions. .at once notify the Registrar, who may thereupon cause steps to be taken for the admission of such claimant into a benevolent· asylum or any prescribed public or private charitable institution. (8.) In disposing of material points against the Po~er t~ . daimant, the commissioner shall distinguish between m dl a s t t e m r ~ Ia U l 1sh m what he finds to be disproved and what he finds to be points. simply unproved or immfficiently proved. . ,(9.) In respect of matters found to be disproved, the Decision of -decision of the commissioner shall be fin. al and conclusive ctoom b m e fisinsiaoln I .e n r for all purposes; unless, on appeal bemg made by the matters found dm. aitmheanptretsocrt! ' hbeedMminainsnteerr, wthitehiMn' mthiesteprrecsacursibeesdantim.meve. asntId- td~ lsbperoved, gation to be made as to such matters by a District Court ;Judge named by him in that behalf, in which case the decision of such Judge shall be final and conclusive for all purposes. (10.) In respect of matters found to be simply unproved Right to ()r insufficiently proved, the claimant may at any time : ddt~ cC thereafter adduce before the commissioner fresh evidence, e~ rde~ ~ e in and in such case all material points previously found by certain cases. the commissioner to be proved shall be deemed to be -established, and the commissioner shall dispose of all ()ther points as in the case of a new pension claim. (11.) The commissioner shall in the prescribed lnanner Report of Teport to the Registrar upon every claim for a pension commissioncr, rejected by him. Pension Oertificates. 15. (1.) When, after investigating any pension claim Commis- a commiss • ioner is satisfied that the claimant is deservinO b 'si V on a. c ,N r's o d . uty. ()f a penSIOn, the clerk of the Court shall at once forward 1865, s.6. to the Registrar the original pension claim, the commis- -sioner's notes of evidence taken at the investigation of the claim, and the commissioner's recommendation as to the rate of pension, together with the prescribed particulars for identification of the claimant. (2.) Where the Minister is satisfied that a pension claim should be admitted, he shall authorise a pension certificate to be issued by the Registrar in the form of a pass-hook as prescribed. No such pass-book shall be so issued to any claimant .by the Registrar until he is authorised so to do by the .Minister. (3.) .ffhe rate of a pension and the date of its commence- ment (which must not be prior to the date of the pension

9330 PENSIONS. Old-a!le Pensions. 8 Enw. VII. No. 6, claim) shall be fixed by the Minister and specified in the pass-book, as well as the dates upon which each instalment of pension is payable. Vp R e e an h . S, ~ I a NO r on i . c n 1l g a7I. 5om1f., any c 1 o 6 m . m . AI. stsI. tOhneerremquaeysrteohfeathr ea MpeinnsiIs. Otenr co 1 raI . tmhe pRreevgIiO . sUtras I ry,. 8.18. admitted or rejected, and the Registrar may amend any certificate so as to accord with the decision arrived at after such rehearing. Upon such rehearing the commissioner shall have the same powers as upon the original hearing. Du~ lfiicate 17. On application, the Registrar may issue a dupli., cVeart. , ! Ncoa. t1e7. 51, cat e pensI.On cert' 1 ficate I.n any case where satI'S -c l . actory proo ~ l ~ 8~ ; : s~ ~ : is given of the loss or destruction of' the original. 8cMaunsinpcieesnltdeorr 0 m 1' ay or re 1 d 8 u . ceTahneyMpiennisstieornmifayhaetcaonnysidtiemrseitcaenxcpeel doirenstusspoent( d) redu~e do, and the Registrar shall amend the pension certificate pVenas.I,ONno. .1751,accor d l ' ng 1 y. 8.23; No. 1865, s. 9. Payment of pension. Wh~ re 19. (1.) Each instalment of pension shall be payable- ppeanySaIbOlen. at the 0ffice named'In t he penSI.On certl' ficat e. Va.,No.1751, s. 24; No. 1865, s. 9. ppClahayacmnegeoenfto. f chang (2 e . d ) fOronmaptpimliceattioont,imthee bnyamthee oRf esguicshtraorf, fiacnedmeavyebrey- change of offi~ e shall be recorded by the Registrar on the certificate. Instalment to 20. (1.) Subject to this Act, each instalment shall be wbeitahpinplied for appll'e d 1 J' 0r and payabIe at any t1' me W1' t.h I ' II t wcnty-one twenty-one days after its due date on the personal application of the ta~ ~ No. 1751, pensioner, and the production of his pension certificate to- s. 25. the pay master at the office named therein. idWnesehtmaelnemdent with ( t 2 h .) e pIrnovdiesfiaounlst ooff tshtericltasctomprpelcieadncineg bsyubtsheectpioenn,sisouncehr forfeited. instalment shall be deemed to be forfeited unless the forfeiture is waived as hereinafter provided. When and how forfeiture maybe waived. (3.) The Registrar may waive any such forfeiture in any case where after investigation he is satisfied- (a) That, if the forfeiture was occasioned by default of personal application for payment or of application within the prescribed time, such default was due to the pensioner's illness or- debility or temporary absence from the locality in which such pension is payable, or- other sufficient cause; or

PENSIONS. 9381 1908. Old-age Pensions. (b) That, if the forfeiture was occasioned by default in producing the pension certificate, such default was due to its being lost or destroyed. (4.) Except in special cases of the pensioner's illness Rest~ ction &8 or debility, it shall not be lawful for the Registrar to waive to waIver. the forfeiture of a pension twice consecutively to the same pensioner; and in no case shall forfeiture be waived unless waiver is applied for within the prescribed time. 21. (1.) Subject to the Regulations, on production to Payment to the paymaster of a warrant in the prescribed -form signed minister, &l'., by the Registrar, any instalments of pension may, -for the ~~ : !~ ~ er. benefit of the pensioner, be paid to any minister of religion, V~ 6No. 1751, justice of the peace, or person named in such warrant as s. . approved by the Registrar. (2.) Such warrant may be issued by the Registrar whenever he is satisfied that it is expedient so to do having regard to the age, infirmity, or improvidence of the pensioner, or any other special circumstances; and pay- ment made to the person named in such warrant shall be deemed to be payment to the pensioner. 22. If a pensioner becomes an inmate of an asylum Pe~ od for. for the insane or in a hospital, his pension shall, withollt : ! l~ ~ : : ~ i; ~ n further or other authority than this Act, be deemed to be Ib., s. 27. suspended, but when the pensioner is discharged from any such asylum or hospital payment of his pension shall be resumed, and he shall be entitled to payment, in respect of the period during which his pension was so suspended,.of a sum representing not more than four weeks' instalments of the pension, if the suspension so long continued. - Subject to this Act, -if a pensioner departs from Queensland and it is proved to the satisfaction of the commissioner by whom his claim was investigated in the first instance, after notice given to the pensioner in the prescribed manner and form, that the pensioner does not intend to return to Queensland, the commissioner shall notify that fact to the Registrar, and, upon such notification being received by the Registrar, the pension shall, without further or other authority than this Act, be deemed to be forfeited: Provided that the pensioner may, in the prescribed form, make application for waiver of the forfeiture, and the commissioner, upon being sati~ fied that the pensioner has either returned to Queensland or is absent therefrom only temporarily, may notify the Registrar to that effect, and thereupon the pension shall again become payable to the pensioner, as if the same had never been forfeited.

~ 332 PENSIONS. Old-age Pensions. 8 EDW. VII. No. 6, For any period during which a pensioner is in prison his pension shall, without further or other authority than this Act, be deemed to be forfeited, without prejudice, however, to any application for l'estoration of the pension to the pensioner upon his discharge from prison. Benevolent 23. In the "event of a successful claimant of a pension fu~ ~ s. being an inmate of a benevolent asylum, the pension shall " Va., No. 1751, commence and be made payable from a date not mOre than •. 28. twenty-eight days prior to the pensioner having been dis- charged from or leaving such asylum. No person while an inmate of a benevolent asylum shall draw a pension. Procedure as 24. With respect to the payment of instalments of o to f ipnasytmalemnetsnts penSI • On b y a paymaster, th e f' 0 1 O 1 W ' Ing proVI . SI . Ons s h a 11 by paymaster. apply :- Ill., s. 29. (a) The paymaster may, if he thinks fit, require the applicant for payment to prove his identity, but, subject to the Regulations, hc may accept the production of the pension certificate as sufficient evidence that the person producing the same is the person entitled to payment; (b) When making the payment, the paymaster shall record in the pension certificate the date and fact of the payment, and shall also require the person receiving the payment to give a receipt therefor in the prescribed form; (c) Such receipt shall be sufficient evidence that the payment to which the receipt purports to relate has been duly made, and no claim against His Majesty or the paymaster shall thereafter arise or be made in any Court or proceeding whatsoever by the pensioner or any person whomsoever in respect thereof; (d) All receipts given for pensions shall be exempt from stamp duty. Offences. Imprieonment 25. Every person shall, on conviction before a court t~ :~ c~! : i~ f of petty sessions consisting of a police magistrate, be liable Act. to imprisonment for not more than six months with or Ill., s. 30. without hard labour- (a) If by means of any wilfully false statement or representation he obtains or attempts to obtain a pension certificate or pension, or to affect the rate of any pension for which he is a claimant; " or ~ -. - -

PENSIONS. 9333 1908. Old-age Pensions. (b) Uby any unlawful means he obtains or attempts to obtain payment of any forfeited or suspended instalment of pension; or (0) If by means of personation or any fraudulent device whatsoever he obtains or attempts to obtain payment of any instalment of pension; or (d) If by any wilfully false statement or represen- tation he aids or abets any person in obtaining or claimin g a pension certificate, or pension, or instalment of a pemion; or (e) If he wilfully lends his pension certificate to any other person. 26. In the case of a conviction under the last pre- Additional cedinl"? section, the Court, in addition to imposing the pcoouwretrs w °I l f en punishment thereby prescribed, shall also, according to the convi"ting. circumstances of the case , by order- V s. a 3 ., 1. No. 1751, (a) Cancel any pension certificate which is proved to have be.en wrongfully obtained; or (b) Impose a penalty not exceeding twice the amount of any instalment the payment whereof has been wrongfully obtained, or attempted to be obtained, and, if the defendant is a pensioner, direct the forfeiture of future instalments of his pension equal in amount .to,. such penalty and in satisfaction thereof. 27. (1.) When a pensioner is in any Court convicted~ orfeitul' eof of drunkenness or of any simple offence, then, in addition ~~~t~~~~~: to any other punishment imposed, the Court may, by order, offences. forfeit anyone or more of the instalments falling due lb., s. 32. after the date of the conviction. (2.) Where, in the opinion of a commissioner, a pen- Orderfol' swioasnteers, morisIsepsesenndss aannyypapratrt 0 f ohf I · S hiesstpaetnesoiorn 0 , f ohr I ' S ml. lilscsopmenedosr, m I p n a S iyntm a isltmeenr., : n & °t f s 0. t , 0 ethaernipnegasc, eoranindj uIlraepsphm.iseshsea 0 l f thl, l ' l o S r f eamndI' 1ayn, gearscoormimntI.essr. IrOupnetsr fpoernsb l . O en n e e f r i . t of may, on the complaint of the Registrar or any paymaster or any member of the police force, make an order directing that until further order the instalments shall be paid to any benevolent or charitable society, minister of religion, justice of the peace, or other person named by the com- missioner for the benefit of the pensioner, or suspending the pension certificate pending the decision of the Minister thereon, or directing the forfeiture of so many of the instalments as the commissioner thinks fit.

9334 PENSIONS. Old-a.q8 Pensions. 8 Eow. VII. No. 6, Cancellation (3.) Where a pensioner is twice within twelve months ocefrptiefnicsaitoen convicted of any offence punishable by imprisonment for a & cof c tn . evrift'wtioons, nvioctteledssotfhaannyonoeffmenocnethp, uonriswhhaberlee abnyy hpnepnrsiisoonnemr eisntcofno-r twelve months or upwards, then, in lieu of forfeiting any instalment of the pension, the Oourt last imposing such punishment shaH, by order, cancel the pension certificate. When pension (4.) In any case where any pension certificate is can- faobrsfoeliutetedl. y ce I led by t h e Oourt, the pensI.On s1 la 11 be deemed to be absolutely forfeited, and the certificate shall be delivered up to the clerk of the Oourt and forwarded by him to the Registrar. ro~ : ~~ : u~ ~ to (5.) In every case where any instalment is forfeited Registrar. or any pension certificate is cancelled, the clerk of the Oourt shall forthwith notify the Reg-istrar of such for- feiture or cancellation, and the Registrar shall record the same, and give notice thereof to the paymaster at the office where such pension is payable. fPcoaornwcdeerlruptneoknesIn. On convl 2 • C 8 te . d N 0 o f tw d riuthn. skteannndeisnsg, athcaotmampI.seSnI. sOionnerermhaays annodt,Ib 'f eesno ~ abi~ 1""-1 requested by the Registrar, shall at any time summon any s. ~ 3. o. 10, pensioner to appear and show cause why his pension should not be cancelled, reduced, or suspended for a time on account of such pensioner's drunken or intemperate habits; and a~ the time and place mentioned in such summons the commissioner rnav, if he thinks fit, cancel, reduce, or suspend such pen~ ion a~cordingly. Miscellaneous. Payment of pensions out 29. The Minister shall, out of moneys to be from of moneys time to Hme appropriated by Parliament for the purpose, I a b p . p , r s o . p3r4ia. ted. pay all such moneys as are necessary for the payment of pensions under this Act; and payments shall be made in the prescribed manner. .Annual 30. The Minister shall, within sixty days after the ~ ~ atl: ~ l~ ! i~ re close of each financial year, prepare and lay before Parlia- Parliametlt. ment if sitting, or, if not sitting, then within forty days Ib., B. 35. after the commencement of the next session, a statement showing for such year-. (a) 'fhe total amount paid under this Act in respect of pensions; (b) The total number of pensions; and (c) Such other particulars as are prescribed.

PENSIONS. 9335 1908. Old-age Pensions. 31. Every pension shall be deemed to be granted and Peusious shall be held subject to all the provisions of this Act and ~ : ~ j: : : to any to the provisions of any other Act amending or repealing-future Act., or in substitution for this Act which may at any time be ; ~6~ o. 1701, passed, and no pensioner shall have any claim for compen- sation or otherwise by reason of his pension being affected by the operation of this Act or any such other Act. 32. (1.) The Governor in Council may from time to Regulations. time make Regulations not inconsistent wit.h this Act with Ib., s. 37. regard to all or any of the following matters, namely :- (i.) 'fhe powers and duties of the Registrar and officers; (ii.) The form of pension claims, and any applica- tions or declarations relating thereto, and the times within which the same are to be made or given; (iii.) 'l'he registering and numbering of pension claims and particulars in regard thereto; (iv.) The form of pension certificates; (v.) The mode of valuing properties; (vi.) .A. .,n proceedings of any kind before a commis- SIOner; (vii.) The form of receipt to be given for any pension; (viii.) The delivery up and recovery of pension certifi- cates cancelled or suspended or lapsed on death or for any other reason; and (ix.) Generally for the purpose of the more effectually carrying out the intent and objects of this Act. (2.) All such Regulations shall be published in the Publication. Gazette, and when so published shall be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall be laid before both Houses of Parliament within forty days after the same have been made if Parliament is then sitting, and, if not, then within forty days after the commencement of the next session. 33. (1.) All courts, judges; and commissioners acting Evidence. judicially shall take judicial notice of the signature of the Va., No. 18(;5, Minister or Registrar or any commissioner or clerk of as. 11. Court, or of any person acting in any of such offices, to every document required to be signed for the purposes of ~ his Act or any Act amending the same; and such docu- ments purporting to he so signed shall be received as prima facie evidence by such courts, judges, and commissioners of the facts and statements therein contained.

9336 PENSIONS-SUGAR. Sugar Works Guarantee Aots Amendment Act. 8EDW. VII. No. 10, (2.) A statement in writing purporting to be signed by the Registrar that any person is a pensioner in receipt of a pension of a cArtain rate shall he primdfacie evidence that such person is a pensioner in receipt of a pension and of the rate thereof. Seotion 4. THE SCHEDULE. I, , of . ,do sincerely promise and swear tha t, as a commi~ sioner un<ier " The Old-age Pe'll8ions Act of 1908," I will at all times alld in all thingF< do equal justice to the poor and to the rich, and discharge the duties of my office according to law and to the best of my knowlt.·dge and abIlity without fear, favour, or affection. SO HELP ME GOD. RELIGIOUS INSTRUOTION IN STATE SOHOOLS REFERENDUM. See EDUCATION. SOAFFOLDING. See MACHDiERY AND SCAFFOLDING. SHOPS. See FACTORIES AND SHOPS. SUGAR. 8 l<:dw. VII. An Act to Amend "The Sugar Works Guarantee No. 10. THIIl SUGAR WORKS Acts, 1893 to 1895." GUARANTEE ACTS AMJI:NDMI!lNT [ASSENTED TO 15TH APRIL, 1908.1 B ACT m' 1908. E it enacted by the King's Most Excellen.t MajPsty, by and with the advice and consent of the Legis- lativeCouncil and Legislative Assembly of Queensland in Parli!lment assembled, and by the authority of the same, as follows : - Short title a.nd con- struction of Act. 1. 1'his Act may be cited as "The Sugar Worktt Guarantee Aa's Amendment Aat of 1UOR," and shall be read and construed with and as an amendment of " The Sugar Works Guarantee Ads, 1893 to 1S3~ 15. " · This Aut and those Acts may together be cited as "The SU!Jar Works Guaranf('e Ad'!, 18~H to 190...,." 'it 67 Vic. No. 18, 8upra, page 48741, a.nd 59 Vie. No. H, supra, }>8ge 5709.