Police Acts Amendment Act of 1963 (Qld)

257 (QUICe2t5hmb ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1963 An Act to Amend " The Police Acts, 1937 to 1962," in certain particulars [ASSENTED TO 18TH DECEMBER, 19631 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. (1) Short title . This Act may be cited as " The Police Acts Amendment Act of 1963." (2) Principal Act. " The Police Acts, 1937 to 1962," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Police Acts, 1937 to 1963." 9

258 Police Acts Amendment Act of 1963, No. 41 2. Amendments of s. 42. Section forty-two of the Principal Act is amended by- (a) omitting the word " one-half " where it appears and inserting in its stead the word " five-eighths "; (b) omitting from subsection (4) the word " thirty- nine " and inserting in its stead the word " fifty-two ". 3. Amendment of s. 57. Section fifty-seven of the Principal Act is amended by omitting subsection (8) and inserting in its stead the following subsection:- ( 88. . ) ) (a) The Appeal Board shall- (i.) Investigate every appeal; (ii.) Make its inquiry without regard to legal forms and solemnities, and shall direct itself by the best evidence it can procure, or that is laid before it, whether or not the same is such evidence as would be required or admitted before a court of law; (iii.) Transmit the evidence taken, together with its decision thereon to the Commissioner. (b) Save those expressed to be limited in their application to a Judge of the Supreme Court, the provisions of " The Commissions of Inquiry Acts, 1950 to 1954," shall apply for the purposes of every investigation of an appeal under this section. (c) (i.) Unless the Governor in Council by Order in Council otherwise directs every appeal shall be heard in a place to which the public shall have access. (ii.) If, in a particular case wherein evidence respecting service as a member of the Special Branch of the Police Force may be adduced, the Governor in Council otherwise directs, then the Appeal Board constituted to hear that appeal shall exclude from the place of hearing of that appeal every person who, in the opinion of such Board, is not directly concerned in the investigation of that appeal: Provided that in no case shall the appointee, appellant or a party to an appeal or the solicitor or counsel or, where there is no solicitor or counsel, the agent, duly appointed in writing, of any of such persons be excluded under the provisions of this paragraph." 4. Existing pensions and sums payable affected by this Act. (1) A pension or sum payable in respect of any widow or child immediately prior to the commencement of this Act under the provisions of section forty-two of the Principal Act as inserted therein by " The Police Acts Amendment Act of 1959," or under the provisions of that section as amended by " The Police Acts Amendment Act of 1962," shall, on and from the date of the commencement of this Act and thereafter while it continues to be payable, be paid under the Principal Act as amended by this Act.

Police Acts Amendment Act of 1963, No. 41 259 (2) For the purpose of calculating the amount of any such pension or such other sum payable in respect of a widow or child, as the case may be, on the first date of payment thereof after the commencement of this Act every such pension and other sum shall be apportionable as if it accrued from day to day.