Police Acts Amendment Act of 1921 (12 Geo v No. 4) (Qld)

MINING.-POLICE. 12 GEO. V. No. 4, 1921 Police Acts Amendment Act. applicants or purchasers, as the case may be, who are employed in or in connection with a coal-mine situated within such coal-mining field. Thereupon the only persons who shall be qualified to apply for or become purchasers at auction of a miner's homestead perpetual lease of any land so set a part as aforesaid shall be persons who are employed in or in connection with a coal-mine situated within such coal-mining field. In any such case the decision of the warden whether any applicant or bidder at auction is a qualified person within the meaning of this section shall be final. Save as aforesaid the provisions of this Act applicable to miners' homestead perpetual leases available by appli- cation or at auction, as the case may require, shall be applicable to such leases of land so set apart as aforesaid." 9763 POLICE. An Act to make better provision for the Super- 12 Geo. v. annuation Allowances of Members of the ~ : : . Police Force who were appointed on or after PX~ ~ ~E 13th November , 1891 , or who may hereafter AACMTENODFM1E9N21, T. be appointed, and to provide for Appeals from the Decision ot the Commissioner in certain cases of Dismissal or other Punishment for' Offences against Discipline. [ASSENTED TO 4TH OCTOBER, 1921.] B E it enact~d by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil 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 Police Act8 Short titl~, Amendment Act O ' f 1 J 921 " a , nd ' shall be read as one with c a o n n d st P ru a c rt tI s O 0 n 1 , *" The Police Act of 1863," herein referred to as the Act. Principal Act. * 27 Vic. No. 11, supra, page 2330.

'9764 POLICE. Police A()ts Am~ dm3nt Aot. 12 GEO. V. No. 4, This Act is divided into Parts as follows:- PART I.-SUPERANNUATION; PART H.-ApPEALS FROM COMMISSIONER; PART 1.- PART HL-GENERAL. SUPER' ANNUATION. PART L-SUPERANNUA'I'ION Application 2. (1.) The provisions of this Part of this Act shall ~ fc~ art I. of not extend or apply to any person who became a member of the Police Force before the thirteenth day of Novem- .ber, one thousand eight hundrAd and ninety-one, whether such person has retired from the Force before the date of the passing of this Act or is still a member of the Force; and every such person aforesaid (and his widow and children in cases provided by any repealed enact- ment in that behalf) shall continue to have and be subject and entitled tn the same rights, obligations, and privileges as if this Act had not been passed. ecRneeraptcaetiamnl e o n f ts. f our ( t2o. ) mS . neectteioenn, twboetnhtyinocf ltuhseivPe, rianncidpaslecAticot, nsantwd esnectyti- osnixs and twenty-seven of *" The Police Act of 1863 Amendment Act of 1891" are repealed. The rights, obligations, and privileges conferred and imposed by the said repealed provisions upon any person who became a member of the Police Force on or after the thirteenth day of November, one thousand eight hundred and ninety-one, and before the date of the passing of this Act, and who at the date of the passing of this Act has retired from the Force, shall cease upon the passing of this Act, and in sub- stitution therefor he shall in the future have and be .subject and entitled to the rights, obligations, and privi- leges conferred and imposed by the provisions of this Part of this Act. (3.) S.1ve as is herein expressly provided, the provi- sions of this Part of this Act shall extend and apply to all persons who are members of the Police Force at the date of the passing of this Act or who may here- after be appointed to the Force. Superannua. 3. There shall be deducted from the pay and salary tion Fund. of the several members of the Police Force under this Act the sum of five pounds per centum per annum, and so rateably from any payor salary of whatever amount, which sums so deducted shall be invested bv the Invest- ment Board, and the interest and dividends thereof or * 55 Vie. No. 32, 8upra, page 2338.

1921. POLICE. Police Acts Amendment Act. 9765 PART 1.- SUPER- ANNUATION. SO much of the same as are not required for the purposes hereinafter mentioned shall also be invested and accu- mulate as part of the "Police Superannuation Fund" (hereinafter referred to as the Fund), and be applied, as occasion may require, for the paylaent of such super- annuation allowances as may be ordered or appointed by the Governor in Council, to be charged on the Fund or payable thereout. 4. Any member of the Police Force who has Members attained the age of sixty years may retire from the a m t a S ~ Ixretyti. m Force: Provided that no member of the Police Force shall Three be at liberty to resign his office or to withdraw from : ~ l: : ~ f the duties thereof unless expressly authorised in writing resigna~ion so to do by the Commissioner of Police, or unless he has to be given. given to the said Commissioner three months' notice of his intention so to resign or withdraw. Any member of the Force who so resigns or with- draws without such previous permission or notice shall upon conviction, upon uomplaint in a summary way, be liabIe to a penalty not exceeding twenty pounds. 5. When a member of the Police Force who has Retirement not attained the age of sixty years desires to retire from bef.ore sixty tlle F orce ow.mgto b 0 d 1 'lY m. J.ury reCe.lved'm t he execU t l ' On obwodmilgyto of his duty or mental or bodily infirmity, or when it is~ n~ ury. or reported to the Minister that such member of the Police ill fmIty Force is, by reason of bodily injury received in the execu- tion of his duty or mental or bodily infirmity, unfit to perform his duties, the Minister may investigate the matter, and if, after an examination by two medical practitioners or the recejpt of other testimony, it is proved to the satisfaction of the Governor in Council that-·- (a) The mJury or infirmity was not due to or caused by the use of intoxicating liquors, and (b) The injury or infirmitv IS likely to be per- manent, and (c) Such member is by reason of such injury or infirmity incapable of discharging his duties, and

9766 POLICE. PART 1.- SUPER- Police Acts Amendment Act. 12 GEO. V. No. 4, ANNUATION. ---------------------------------------------------- (d) It is for the public interest that such member shall retire from the Force, the Governor in Council may order. that such member shall retire from the Force. Persons 6. Subject to the provisions hereinafter contained, re~ . rtta t every member of the Police Force shall, upon retiring :~ ~ r: nn~ a- from the Force under the foregoing provisions of this t\ ~ n Act, be entitled to the superannuation allowance herein- a owance. after prescribed and respectively applicable to his term of sen ice and particular case. Allowance 7. If a member of the Police Force has, when he swehrveircee less retires from the Force under the foregoing provisions of than fifteen this Act, served less than fifteen years, he shall be years. entitled to receive a superannuation allowance at the rate of one hundred and twenty pounds per annum: Provided that in every such case- (a) Such allowance shall only be continued on such proof of continued incapacity as the Minister may from time to time require; moreover (lJ) If, after investigation by the Minister and after an examination by two medical practi- tioners or the receipt of other testimony, it is proved to the satisfaction of the Governor in Council that such person has regained his health and is capable of duty, the Minister may reappoint such person to the Force, and in such case he shall receive the pay of the grade in which he was included at the date of his retirement, and he shall, for the purpose in the fnture of calculating length of service, be deemed to have remained in the Force for the period during which he was receiving superan·, nuation allowance; and if such person so reappointed declines to resume such duty he shall no longer be entitled to receive any superannuation allowance. Allowance 8. If a member of the Police Force has, when he afoftrefrifsteerevnice retires from the Force under the foregoing provisions years. of this Act, served fifteen years or over it! the Force, he shall receive a superannuation allowance at the rate

1921. POLICE. Police Act8 Amendment Act. 9767 PART 1.- SUPER- ANNUATION. of one hundred and twenty pounds per annum, with an additional five pounds per annum for each completed year of service in the Force over the said fifteen years. But the total superannuation allowance on retire- ment shall not in any case exceed a rate of two hundred and fifty pounds per annum. In calculating length of service, the time during which the retiring member has served in any class or grade of the Force subsequently to the thirteenth day of November, one thousand eight hundred and ninety-one, shall be reckoned: Provided that if, after investigation by the Minister and after an examination by two me~ ical practitioners or the receipt of other testimony, it is proved to the satis- faction of the Governor. in Council that such person has regained his health and is capable of duty, the Minister may reappoint such person to the Force, and in such case he shall receive the pay of the grade in which he was included at the date of his retirement, and he shall, for the purpose in the future of calculating length of service, be deemed to have remained in the Force for the period during which he was receiving superannuation allowance; and if such person so reappointed declines to resume such duty he shall no longer be entitled to receive any superannuation allowance. _ 9. If a member of the, Police Force retires or is Retirement retired or discharged from the Force for any reason other after five than bodily injury or mental or bodily infirmity, after: eer~ isee for having served five years or upwards in the :Force, he other causes. shall be entitled to receive a sum of money equal to one-half of the total amount actually contributed by him by way of deduction from pay and salary to the Fund, without interest: Provided that if such person rejoins the Force he shall be required to refund the amount so paid to him, and in such case his previous service shall be allowed to count towards superannuation allowance. 10. If a married member of the Police Force, or a Death of pensioner who at the date of his retirement was married, me~ ber 0r dI' es, I eav ' lng a Wl' dow or WI' dowand ch 1 'ldren or ch 1 'ldren, lpeeanvSiInOgner there shall be paid in respect of- family, (a) Each child until such child reaches the age of fourteen years, a sum at the rate of thirteen pounds per annum, and

9768 PART 1.- SUPER- ANNUATION. POLICE. Police Acts Amendment Act. 12 GEO. V. No. 4, (b) The widow, a sum of sixty pounds per annum so long as she remains unmarried : Provided that the total allowances which shall be paid in respect of the family shall not exceed in amount the rate of superannuation allowance which, as the case may be, would have been payable to the deceased member if at the date of his death he had been retired, or which was being received by the pensioner at the date of his death. Death of ' unmarried member. 11. If a member of the Force who is unmarried dies, there shall be paid to such of his next of kin as are proved to the satisfaction of the Minister to have been dependent on him a sum of money equal to the contri- butions made by him to the Fund, without interest. Date of 12. Every yearly superannuation allowance payable cmoemnmt oefnce- under the Principal Act or this Act shall commence on superannua.- the day of the retirement of the person to whom it is to atilolonwance. be paid, and shall be payable by equal monthly instal- ments on the first day of each calendar month, but shall be apportionable as if it accrued from day to day in case of its commencing or terminating at any other than one of the said monthly days of payment. Allowance, 13. Every superannuation allowance and other sum ~ : · il~ ~ ; . rged payable under this Act shall be chargeable upon and paid out of the Fund. Separate account of The Board shall keep a separate account of all dealings moneys of the Fund recei ved and expended respectively Auncdt. er this under the provisions of this Act. No person to 14. Except subject to such regulations as may be saussmigonfany made by the Governor in Council, it shall not be lawful money to for any member of the Police Force, whether retired ewnhtiictlhedhe is from the Force or not, to assign, transfer, make over, under this or otherwise part with, elther absolutely or condi- Act. tionally, otherwise than by will, any sum of money to which he may be entitled under any of the provisions Deed of this Act. And any deed or instrument, other than a tpourapsosirgtinng will, purporting to assign, transfer, make over, or part void. with any such sum of money as aforesaid shall be void. Money not No sum of money to which any such member of the ctorepdaitsosrsto. Police Force, or his personal representatives, or dependent next of kin, may be entitled as aforesaid, shall pass to the creditors of or be in any way liable to or chargeable

1921. POLICE. Police Acts Amendment Act. 9769 PAItT I.- . SUPER- ANNUATION. with the payment of any of the debts, liabilities, or engagements of such member of the Police Force, or be levied or attached or taken in execution by virtue of any process. 15. When a member of the Police Force is transferred Provision to an office in the Public Service not being an office in It'n ca~ e off the P 0 I I , Ce F orce, or to an 0 ffice I' n t I le RaI 'I way S. erV·ICe, proalnicseer 0 the amounts which have been deducted from his salary ~ ffi~ l. rs to . and paid to the Fund shall be repaid to him from the S: rvt~ e, Fund, without interest. . Any member of the Police Force who has been heretofore so transferred shall be entitled in like manner to have the amoun'ts which were so deducted from his salary while he was a member of the Police Foree repaid to him from the said Fund, without interest, 16. Any member of the Police Force who retires from Bethed the Force under the provisions of this Part of this Aet shall officer may neyertheless, unless the Governor in Council has otherwise ~ ~ ~ ev~ uired ordered at the date of the retirement or hereafter otherwise ROrvice • orders, be liable, if called upon, to perform such duties in the Public Service of the State, suitable to his age and capacity, as the Governor in Council may require him to perform, PAItT II.- ApPEALS FROM THE P ABT n.-ApPEALS FROM THE COMMISSIONER. COMMIS- SIONER. 17. (1.) Notwithstanding anything contained in the Appeal at Principal Act or in *" The Police Act 1863 Amendment Board. at Act 1891," but subject as next hereinafter provided, any member of the Police Force of or below the rank of senior sergeant who, on the ground of misconduct, or unfitness, or neglect of or violation of or absence from duty, or any other offence against discipline, has been dismissed from the Force or disrated or fined by the Commissioner of Police, may, in such manner and within such time as may be prescribed by the Rules, appeal to a Board (herein called the Appeal Board) which shall be constituted for the purpose of such appeal. (2.) The Appeal Board shall consist of three persons, How namely- composed. (a) A police magistrate who shall be appointed in each case by the Minister; * 55 Vie. No. 32, supra, page 2338.

9770 POLICE. PART II.- - ---- ApPEALS FROM THE Police Act.s Amendment Act. 12 GEO. V. No. 4, COMMIS- SIONER. (b) A person to be appointed in each case by the Commissioner of Police; and (0) A member's representative nominated in each case by the Executive of the Queensland Police Union. Chairman. The police magistrate appointed as aforesaid shall be the chairman of the Appeal Board. :Meetings. (3.) The Appeal Board shall hear and determine the appeal. The Secretary of the Commissioner shall convene the Appeal Board, and shaL keep a record of all pro- ceedings thereof and decisions arrived at. Board to act (4.) All powers of the Appeal Board may be exer- by majority. cised by a majority of the members thereof. Venue. (5.) Appeals in the Southern Division of the State may be heard in Brisbane or elsewhere within such Division; appeals in the Northern and Central Divisions of the State may be heard at Townsville and Rockhampton or elsewhere within the said Divisions respectively: Provided that where members of the Police Force are employed in remote localities and where arrangements cannot conveniently be made for their attendance in person, whether as appellants or witnesses, or where they would be subjected to great expense in travelling to appear before the Appeal Board, the Commissioner may appoint a competent person or persons to take evidence on oath in that locality concerning the matter of appeal. Such evidence shall be forwarded for consideration of the Appeal Board. Lodging and (6.) Every appeal shall be in writing, shall clearly ~ ; ~ ~~~ of and concisely set forth the grounds upon which the appeal is made, shall be despatched to the Secretary of the Commissioner within seven days after the date when the appellant receives the decision which is appealed against, and shall be heard by the Appeal Board as early as practicable after the date when the appeal is received by the said Secretary: Provided that the Appeal Board may decline to hear or entertain any matter of appeal which, in their opinion, is based on trivial or frivolous grounds. The said Secretary shall give to the appellant four clear days' notice of the date when the appeal will be heard.

POLICE. 9771 1921. Police Acts Amendment Act. PART !I.- ApPEALS FROM THli] COMMIS· (7.) The parties to the appeal shall be entitled to SIONER. SU bpuma Wl 'tnesses I.n tl le same manner and subl'ect t 0 Procedure. the same penalties and conditions as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath or affirmation. In any proceedings before the Appeal Board the ~ epresenta. Commissioner and the appellant may respectively be tlOn. represented by his counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board. (8.) The Appeal Board shall investigate in open Duty of court every appeal, and transmit the evidence taken, Board. together with their decision thereon, to the Commis- sioner. They shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. *" The Official Inquiries Evidence Act 011910" shall be applicable to every appeal had under this section. (9.) The Commissioner shall transmit such decision Duty ~ f and evidence, together with his report and recommenda- ~ ~ : ~ lS' tion thereon, to the Minister. (10.) Upon consideration of the matter the Governor Powers of ln in Council may acquit the appellant of the charge made, g~ : ~ ~ ~ r or, upon being satisfied that the commission of an offence has been established, may, according to the nature of the offence, award such of the following punishments as the case may seem to require, whether the Commissioner has imposed or recommended them or not :- (a) A reprimand; (b) Deprivation of leave; (c) Reduction of salary; (d) Disrating ; (e) Suspension without pay; (f) Enforced resignation; (g) Dismissal. 18. Notwithstanding anything contained in any other No appeal Act, no appeal from a decision, either of the Appeal Board ~ ~ : l! rpeal or of the Governor in Council (or, save as hereinbefore Governor - - - - - in Council. * I Geo. V. No. 26, 8ttpra, page 748.

9772 POLICE.-SUGAR. PART Il.- ApPEALS Regulation of Sugar Cane Prices Acts Amendment. 12 GEO. V. No. 8, FROM THE COMMIS- SIGNER. provided, from the Commissioner), with respect to any member of the Force, shall lie or be permitted to the Court of Industrial Arbitration, or to any other court or tribunal whatsoever, and no writ of prohibition or· mandamus. or certiorari shall lie in respect thereof. PART IlI.- PART lII.-GENERAL. GENERAL. 19. In the first paragraph of section twenty-two of ~t~ t; t% ~ nt *" The Police Act oj 1863 Amendment Act oj 1891," No. 32, s. 22. the words "Chairman of the Civil Service Board, the Under Colonial Secretary" are repealed and the words "Public Service Commissioner, ender Secretary Home Secretary's Department," are inserted in lieu thereof. Saving of 20. Save as is herein otherwise expressly provided, ~ i~ t; : : ,i! ~, &c. nothing in this Act contained shall be taken to prevent any member of the Police Force from being discharged, dismissed, or otherwise removed from office in the same manner in all respects as if this Act had not been passed. REGULATION OF SUGAR CANE PRICES. See SUGAR. SECOND-HAND WARES. See MERCANTILE. SUGAR. 12 Geo V. An Act to Amend' "The Regulation of Sugar N T o H . E 8. .Cane Prices Acts, 1915 to 1917," in certain REGULATION OF SUGAR particulars. CANE PRICES ACTS [ASSENTED TO 31sT OCTOBE " R , 1921 • ] ! : : ~ ~ ~ ~ ~ f. BE it enacted. by the Ki~ g' s'Most EX,cellent Ma.ies~ y, . 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 tho same, as follows :- . Short title 1. This Act may be cited as "The Regulation oj and t t' Sugar Cane Prices Acts Amendment Act oj 1921," and ~ ~ ~ c~ ~ c IOn shall be read as one with t" The Regulation oj Sugar - - - - - - - _ .. _ - - - - - - - - _ . _ - - - * 55 Vic. No. 32, supra, page 2338. t 6 Geo. V. No. 5 and 8 Geo. V. No. 18, supra, page 8377, printed as amended by this Act, Appendix P, infra.