Printers and Newspapers Act Amendment Act 1971 (Qld)

283 Q1tEE1t51uxtbr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1971 An Act to Amend The Printers and Newspapers Act of 1953 in certain particulars [ASSENTED TO 16TH APRIL, 1971] 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 . (1) This Act may be cited as the Printers and Newspapers Act Amendment Act 1971. (2) The Printers and Newspapers Act of 1953 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Printers and Newspapers Act 1953-1971.

284 Printers and Newspapers Act Amendment Act 1971, No. 11 2. Commencement . This Act shall come into operation upon a day to be fixed by the Governor in Council by Proclamation published in the Gazette. 3. Amendment of s. 5 . Meaning of terms. Section 5 of the Principal Act is amended- (a) by inserting after the definition " Distribute " the following definition:- " "District "-a district for the purposes of Magistrates Courts appointed under The Justices Acts 1886 to 1968 or deemed, pursuant to The Decentralization of Magistrates Courts Acts 1965 to 1968, to be such a district; "; and (b) by omitting the definition " Registrar " and inserting in its stead the following definition:- " " Registrar "-the Registrar of Printers and Newspapers under this Act and includes any Deputy Registrar of Printers and Newspapers: The term includes a person for the time being occupying, or performing the duties of, any such office; ". 4. Section 6 renumbered . Officers . Section 6 of the Principal Act is renumbered section 6A. 5. New s. 6. Registrar and Deputy Registrars . The Principal Act is amended by inserting after the heading " Part II-Administration " the following section:- " 6. Registrar and Deputy Registrars . (1) For the purposes of this Act there shall be a Registrar of Printers and Newspapers. (2) The person who holds the office of Under Secretary, Department of Justice, Brisbane, shall by virtue of his office and without further or other appointment, and while he holds that office, be the Registrar of Printers and Newspapers and shall hold office accordingly. (3) The Governor in Council may, from time to time, appoint such and so many Deputy Registrars of Printers and Newspapers as are required for the purposes of this Act who shall be appointed and hold office under, subject to and in accordance with the Public Service Act1922-1968. (4) The appointment of a Deputy Registrar of Printers and Newspapers may be made generally or limited to a district specified in the appointment and where the appointment is so limited, the exercise of the appointee's powers, authorities and functions, and the discharge of his duties under this Act is limited to and in relation to the district so specified and the appointee while he holds the appointment, is a Deputy Registrar of Printers and Newspapers for that district. (5) Every person who holds the office of Clerk of the Court, save the office of Clerk of the Court, Brisbane, shall, by virtue of his office and without any further or other appointment and while he holds that office, be a Deputy Registrar of Printers and Newspapers and shall hold office accordingly.

Printers and Newspapers Act Amendment Act 1971, No. 11 285 (6) Where a person holds the office of Deputy Registrar of Printers and Newspapers pursuant to subsection (5) of this section, the exercise of his powers, authorities and functions, and the discharge of his duties, under this Act is limited to and in relation to the district wherein the place whereat he holds the office of Clerk of the Court is situated, and the person is, while he holds his office a Deputy Registrar of Printers and Newspapers for that district. (7) Subject to subsections (4) and (6) of this section, anything by this Act appointed or required to be done or signed by the Registrar may be done or signed by a Deputy Registrar of Printers and Newspapers.". 6. Amendment of s. 11. Mode of application for registration or for renewal of registration . Section 11 of the Principal Act is amended- (a) by omitting subsection (2) and inserting in its stead the following subsection:- " (2) An application for registration, or renewal of registration, shall be lodged with the Registrar at his office in the district within which is situated the place whereat the printing press is or is intended to be kept or, where the Registrar has more than one office in that district, at the office that is situated nearest to that place."; (b) by omitting from subsection (3) the words " an affidavit " (wherever occurring) and inserting in their stead the words " by way of a statutory declaration ". 7. Amendment of s. 12. Registration . Section 12 of the Principal Act is amended- (a) by omitting from subsection (1) the word " registry " and inserting in its stead the word " office "; and (b) by adding at the end thereof the following subsection:- " (3) The Registrar shall with all reasonable dispatch after the expiration of a registration under this Part send by post to the person, or persons, who are registered as the printing press proprietor or proprietors at the place shown in the register as the place at which the printing press is kept, a notice that the registration has expired and of the date of the expiration thereof.". 8. Amendment of s. 15 . Notifications , etc. Section 15 of the Principal Act is amended by omitting from subsection (4) the words " an affidavit " and inserting in their stead the words " by way of a statutory declaration ". 9. Amendment of s. 17. Signing of applications , etc. Section 17 of the Principal Act is amended by omitting the word "sworn" (wherever occurring) and inserting in its stead the word " declared ". 10. Amendment of s. 23. Application for registration . Section 23 of the Principal Act is amended by omitting the word " sworn " and inserting in its stead the word " declared ".

286 Printers and Newspapers Act Amendment Act 1971, No. 11 11. Amendment of s. 24 . Mode of application for registration and for renewal of- registration . Section 24 of the Principal Act is amended- (a) by omitting subsection (2) and inserting in its stead the following subsection:- " (2) An application for registration, or renewal of registration, shall be lodged with the Registrar at his office, in the district within which is situated the place whereat the newspaper is or will be printed or where the Registrar has more than one office in that district at the office that is situated nearest to that place."; (b) by omitting from subsection (3) the words " an affidavit " (wherever occurring) and inserting in their stead the words " by way of a statutory declaration "; and (c) by omitting from subsection (3) the word " sworn " and inserting in its stead the word " declared ". 12. Amendment of s. 25 . Registration . Section 25 of the Principal Act is amended by- (a) omitting from subsection (1) the word " registry " and inserting in its stead the word " office "; (b) by omitting from subsection (3) the words " sworn and signed by the persons prescribed for the renewal of registration under this Part if " and inserting in their stead the words " declared and signed by the persons prescribed for the renewal of registration under this Part of "; and (c) adding at the end thereof the following subsection:- " (4) The Registrar shall with all reasonable dispatch after the expiration of a registration under this Part send by post to the person, or persons, who are registered as the publisher or publishers of the newspaper at the place shown in the register as the place where the newspaper is printed, a notice that the registration has expired and of the date of the expiration thereof.". 13. Amendment of s. 26 . Notifications, etc. Section 26 of the Principal Act is amended- (a) by omitting from subsection (4) the words " an affidavit and inserting in their stead the words "by way of a statutory declaration "; and (b) by omitting from subsection (4) the word " sworn " and inserting in its stead the word " declared ". 14. Amendment of s. 28 . Individual printers and publishers . Section 28 of the Principal Act is amended by omitting the word " sworn " (wherever occurring) and inserting in its stead the word " declared 15. Amendment of s. 31. False applications, etc. Section 31 of the Principal Act is amended- (a) by omitting from subsection (1) the word " affidavit " (wherever occurring) and inserting in its stead the words. " statutory declaration "; and (b) by omitting from subsection (2) the words " one hundred pounds " and inserting in their stead the words " two hundred dollars ".

Printers and Newspapers Act Amendment Act 1971, No. 11 287 16. Amendment of s. 33 (2). General penalty. Section 33 of the Principal Act is amended by omitting from subsection (2) the words " one hundred pounds " and inserting in their stead the words " two hundred dollars ". 17. Amendment of s. 36. Facilitation of proof. Section 36 of the Principal Act is amended- (a) by omitting from subsection (2) the words " further affidavit " and inserting in their stead the words " further statutory declaration "; and (b) by in that section as so amended adding after the word " affidavit " (wherever occurring) the words " or statutory declaration " . 18. Amendment of s. 37. Searching registers . Section 37 of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsections:- " (2) Every Deputy Registrar of Printers and Newspapers shall at the end of every calendar month transmit to the Registrar of Printers and Newspapers a copy certified under his hand of all entries made during that month in the Register of Printing Press Proprietors and the Register of Newspapers kept by him under this Act. (2A) Every copy of an entry transmitted under subsection (2) of this section shall be filed, kept, and indexed,by the Registrar of Printers and Newspapers, and any person, on payment of the prescribed fee, may search, inspect, make extracts from and take copies of the same.". 19. Amendment of s. 40. Regulations . Section 40 of the Principal Act is amended by omitting from paragraph (iv) of subsection (1) the words " fifty pounds " and inserting in their stead the words " one hundred dollars ". 20. Amendment of Schedule . Forms . The Schedule to the Principal Act is amended- (a) by omitting from the forms headed " Form A ", " Form B ", Form C ", " Form D ", " Form E ", " Form F ", " Form G ", " Fcrm H ", " Form I " and " Form J " respectively the words " Registrar of ° the Supreme Court " (wherever occurring) and inserting in their stead the words " Registrar (or Deputy Registrar) of Printers and Newspapers "; - (b) by omitting from the forms to which paragraph (a) of this section refers (other than forms headed " Form D " and " Form I " respectively) the word " registry " (wherever occurring) and inserting in its stead the word " office ". (c) by omitting from the forms headed "Form A ", "Form B ", " Form D ", " Form F ", " Form G " and " Form I " respectively the expression " make oath and say as follows:-" and inserting in its stead the expression " do solemnly and sincerely declare that- ";

288 Printers and Newspapers Act Amendment Act 1971, No. 11 (d) by omitting from the form headed. " Form A " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:- " And I [or We] make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. Declared at of this , 19 in the State day of A.B. (C.D.) (Signature) Before me M.N."; (e) by omitting from the form headed " Form B " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:-- " And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. Declared at of this 19 in the State day of A.B. (Signature) Before me M.N.9 (f) by omitting from the form headed " Form D " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:- " And I [or We] make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. Declared at of this , 19 in the State day of A.B. (C.D.) (Signature) Before me M.N.", (g) by omitting from the form headed " Form F " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:- " And We make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. A.B. E.F. Declared at in the State I.J. of this day of (C.D.) , 19 . (G.H.) (K. L.) (Signature) Before me M.N.";

Printers and Newspapers Act Amendment Act 1971, No. 11 289 (h) by omitting from the form headed " Form G " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:- " And We make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of The Oaths Acts 1867 to 1960. A.B. Declared at of this , 19 . in the State day of C.D. G.H. (E.F.) (I.J.) (Signature) Before me M.N."; (i) by omitting from the form headed " Form I " the expression commencing with the words " Signed and sworn " and continuing to the end of the form and inserting in its stead the following expression:- " And We make this solemn declaration conscientiously believing the same to be true and.by virtue of the provisions of The Oaths Acts 1867 to 1960. A.B. Declared at in the State C.D. of this day of E.F. 19 (G.H., etc.) i (Signature) Before me M.N.". 21. Transitional . (1) The Registrar of the Supreme Court at Brisbane , Townsville and Rockhampton, shall, on the commencement of this Act, transmit to the Registrar of Printers and Newspapers the registers kept by each of them under and pursuant to the Principal Act, and the indices thereto, and all applications filed in the respective registries of such Court at those places under the Principal Act and all records therein relating to such applications. (2) The Registrar of Printers and Newspapers shall then transmit to each Deputy Registrar of Printers and Newspapers- (a) a register containing a record of registrations, or renewals of registrations, of or with respect to printing press proprietors which have not expired, or been cancelled, before the commencement of this Act and which, if they had been made under the Principal Act as amended by this Act, would have been required to be made in the office of the Registrar at the place whereat that Deputy Registrar holds office as such Deputy Registrar; (b) a register containing a record of the registrations, or renewals of registrations, of or with respect to newspapers which have not expired, or been cancelled, before the commencement of this Act and which, if they had been made under the Principal Act as amended by this Act, would have been required to be made in the office of the Registrar at the place whereat that Deputy Registrar holds office as such Deputy Registrar; 10

290 Printers and Newspapers Act Amendment Act 1971, No. 1I (c) all applications relating to such registrations or renewals of registration; and (d) all records therein relating to such applications and such registers shall be the registers required by the Principal Act as amended by this Act to be kept by the Deputy Registrar in question. (3) Every registration of or with respect to a printing press proprietor or newspaper registered as prescribed by the Principal Act the registration of which has not expired , or been cancelled , before the commencement of this Act shall, on and from that commencement be deemed to have been effected- (a) in the case of a printing press proprietor or a newspaper the relevant matters concerning the registration thereof are contained in a register transmitted to a Deputy Registrar of Printers and. Newspapers pursuant to subsection (2) of this section, in the office of the Registrar at the place whereat that Deputy Registrar holds office as such Deputy Registrar; and (b) in any other case , in the office of the Registrar of Printers and Newspapers.