Police Acts Amendment Act of 1954 (3 Eliz Ii No. 47) (Qld)

390 MERCANTILE LAW—POLICE. Police Acts Amendment Act. 3 E liz . II. No. 47, Amendment 13. Section eighty-six of the Principal Act is of a. 86. amended by repealing subsection five and by inserting, in lieu of that repealed subsection, the following subsection, namely:— “ (5.) A prosecution in a summary way for an offence against this Act may be instituted at any time within one year after the commission of the offence, or within six months after the discovery thereof by the complainant, whichever is the later period.”. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION FUND. See C onstitution . 3 E liz . II. No. 47. T he P olice A cts A mendment A ct of 1954. POLICE. An Act to Amend “ The Police Acts, 1937 to 1953,” in certain particulars. [A ssented to 10 th D ecember , 1954.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Police Acts Amendment Act of 1954.” Principal (2.) *“ The Police Acts, 1937 to 1953,” are in this Act. Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Police Acts, 1937 to 1954.” Amendment 2. Subsection two of section six of the Principal of s. 6 (2). Act is amended by adding thereto the words “ when he shall retire from office ”. A of ms.en 7 d a m (3 e ) n , t Act i 3 s . amSuebnsdeecdtiobny athdrdeiengotfosethcteiofnirs 7 t a paorfagthraephPrtihnecriepoafl the words “ when he shall retire from office ”. * 1 G. 6 No. 12 and amending Acts.

1954. POLICE. Police Acts Amendment Act. 391 4. The following section is inserted after section 7 a New s. 7 b of the Principal Act:— inserted. “ [7 b .] (1.) At any time after a holder of the office Appomt- of Commissioner or Deputy Commissioner of Police“o°om. shall have been granted leave of absence of any kind which is due to continue until that holder attains his age of retirement from the Police Force, the Governor in absent on Council may appoint a person to succeed that holder [oave pnor in the office of Commissioner or, as the case may be, retirement, Deputy Commissioner of Police. c' (2.) For the purposes of an appointment, in pursuance of subsection one of this section, to the office of Commissioner or Deputy Commissioner of Police, and the holding, exercise, and discharge by the appointee of the office to which he is appointed and the powers, functions, and duties thereof, the person holding that office immediately prior to the appointment shall be deemed to have reached his age of retirement immediately prior to the making of the appointment (but he shall not be so deemed in respect of the emoluments of the office or his entitlement to superannuation allowance under this Act).”. 5. Section ten of the Princip^al Act is amended— O A f m 8 e . n 1 d 0 m . ents (i.) By repealing in the first paragraph of that section the words “ and constables of the Police Force of different grades ” and by inserting, in lieu of those repealed words, the words “, of different ranks, and constables, of different grades, of the Police Force ” ; and (ii.) By inserting after the third paragraph of that section (being that paragraph commencing with the words “ Provided further, that every constable”) the following paragraph:— “ Provided further, that an appointment by way of promotion to any rank of sergeant of the Police Force (save such an appointment against which there is no appeal under this Act)— (i.) Shall not be made unless prior to the making thereof applications were invited by notification in the Queensland Police Gazette from members of the Police Force desirous of obtaining that appointment; and

392 POLICE. Police Acts Amendment Act . 3 E liz . II. No. 47, (ii.) Shall be made so as to enable appeals against the appointment to be made, heard, and determined under, subject to, and in accordance with this Act before the appointment takes effect; and (iii.) Shall be deemed to be made subject to such order as the Governor in Council shall make upon the upholding ofany appeal as aforesaid. ’’. Aofms.en1d1m( 1e) n.t Act 6is. aSmuebnsedcetdionbyoniensoefrtsiencgtioanfteerlevthene ofifrstht epParraingcriappahl thereof the following paragraph :— “ Without limiting the power to make rules as aforesaid, such power shall be deemed to include power (and it is hereby declared always included power) to make all such rules as may be deemed necessary or convenient for regulating appeals under this Act and the procedure and practice of the Appeal Boards for the purpose of giving full effect to the provisions of this Act relating to appeals hereunder.”. oAfms. en5d7m. ents amen 7 d . edS— ection fifty-seven of the Principal Act is (i.) By repealing in subsection one of that section the words “ and any member of the Police Force below the rank of senior sergeant who is dissatisfied with the promotion of any other member to a rank next above his own but not of a higher rank than that of senior sergeant ” ; (ii.) By inserting after subsection one of that section the following subsection :— Appeals against promotion. “ ( 1 a ..) Save as hereinafter in this subsection provided, if an appointment is made by way of promotion to any rank of sergeant of the Police Force, then any member of the Police Force below the rank of senior sergeant— (i.) Who applied for that appointment, in compliance with the rules made under this Act and within the time for the receipt of applications for the appointment stated in, and otherwise in compliance with, the notification inviting applications therefor published in the Queensland Police Gazette ; and

POLICE. 1954. Police Acts Amendment Act. (ii.) Who holds a rank next below the rank to which the appointment is made ; and (iii.) Who is dissatisfied with that promotion, may in such manner and within such time as may be prescribed by the rules made under this Act appeal to a Board (herein called “ The Appeal Board ”) which shall be constituted for the purposes of such appeal: Provided that an appeal as aforesaid shall not lie where, consequent on the success of his appeal, an appellant is promoted to any rank of sergeant of the Police Force. For the purposes of subparagraph (i.) of the third proviso to section ten of this Act (being that paragraph commencing with the words “ Provided further, that an appointment by way of promotion to any rank of sergeant of the Police Force ”) as well as for the purposes of subparagraph (i.) of this subsection, a notification in the Queensland Police Gazette inviting applications from members of the Police Force desirous of obtaining the appointment therein notified which further states that any appointment consequential on the making of the appointment so notified may also be made without further notification in the Queensland Police Gazette shall be deemed to be a notification inviting applications from members of the Police Force desirous of obtaining that consequential appointment.” ; (iii.) By repealing in subsection three of that section the words “ The Appeal Board shall hear and determine the appeal.”; and (iv.) By repealing in the first paragraph of subsection six of that section the words “ within thirty days after the date when the appellant receives the decision which is appealed against ” ; also by inserting after the said first paragraph the following proviso :— “ Provided further, that (in the case of appeals against promotion) the Appeal Board shall, wherever practicable, hear all appeals against one and the same appointment together.”.