Public Safety Act of 1940 (4 Geo Vi No. 28) (Qld)

17978 PUBLIC SAFETY. Public Safety Act. 4 GEO. VI. No. 28, PUBLIC SAFETY. 4 NGOEO. 2. 8V. I. An Act to Make Provision for the Welfare, Order, THE PI'BI,IO SAFETY ACT and Publio Safety of the State of Queensland OF 1940. during the Present State of War. [ASSENTED TO 28TH NOVEMBER, 1940.] Short title. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consenlt of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Public Safety Act of 1940." Commence. 2. (1.) Except as hereinafter provided, this Act m Ac e t n . t of shall commence and come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Pe~ iod for (2.) This Act shall, on and after the commencement b~: hf! ~ ~ . to hereof, continue in force for the duration of the present war and for such period thereafter as Parliament shall from time to time by resolution determine: Provided that if Parliament is not in session upon the date of the termination of the present war this Act shall, in any event, continue in force until the expiration of the twenty-first sitting day of the next ensuing session. In this subsection a " sitting day" means a day upon which Parliament actually sits for the despatch of business. Interpre. tation of Act. 3. (1.) This Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof would but for this section have been construed as being in excess of that power it sha11 nevertheless be a valid enactment to the extent to which it is not in excess of that power. (2.) Every provision of and every Proclamation, Order in Council, regulation, or notice under any other Act, every law, every rule, practice, or process of law, every judgment of every court of competent jurisdiction, every contract or agreement (whether oral or written), and every deed, document, security, or other writing

PUBLIC SAFETY. 17979 . 1940. Public, Safety Act. whatsoever shall, so far as necessary to give full operation and effect to this Act, be read and construed subject to this Act. 4. Except as prescribed by this Act, no person Indemnity. whomsoever shall ,have any action, claim, or demand for damages or compensation or any other right or remedy whatsoever against the Crown, or any Minister of the Crown, or the COUIlCil, or any member or the executive officer or secretary of the 'Oouncil, or a Commission or any member, officer, or employee of a Commission, or any I other person whomsoever for or in respect of any damage or loss or injury sustained or alleged to have been sustained by reason of the coming into operation of this Act, or of the making, issuing, or operation of any Proclamation, Order in Council, regulation, delegation, order, direction, authority, notice, or other document or writing under this Act, or of any act, matter, or thing done or executed or omitted to be done or executed or purporting to be done or executed or omitted to be done or executed under this Act. 5. In this Act, unless the context otherwise indicates Meanings of or requires, the following terms have the meanings terms. respectively assigned to them, that is to say : - " Commission "-A Local Emergency Commission Commission. constituted under this Act ; " Council "-The Council of Public Safety Council. constituted under this Act ; " Local Authority "-The term includes Brisbane Local City Council; Authority. " Person "-The term includes any body or P/irson. association of persons, corporate or unincorporate, and any Local Authority, including Brisbane City Council, Water Authority, Electric Authority, Harbour Board, Hospitals Board or Committee, Committee of an Ambulance Brigade, or instrumentality; " Place "-Includes any house, building, structure, Place. aircraft, ship, barge, boat, vehicle, car, station, wharf, shed, and any land or premises whatsoever and wheresoever situated except a place which is at any material time owned, occupied, or being E

17980 PUBLIC SAFETY. Publk Safety Act. 4 GEO. VI. No. 28, Prescribed. This Act. used by His Majesty's Naval, Military, or Air Forces, or by lawful authority of the Commonwealth; " Prescribed "-Prescribed by this Act; "This Act "-This Act and any Proclamation, Order in Council, regulation, delegation, order, direction, authority, notice, or other document or writing made, issued, or given under this Act. Atidomn ionfisAtrcat- . nam 6 e . ly (1 : . - ) The following Ministers of the Crown (i.) The Chief Secretary, who shall be the president thereof; and ~ ii.) The Treasurer, who shall be the deputy president thereof; and (iii.) The Secretary for Health and Home Affairs; and (iv.) The Minister for Transport, shall constitute a Council of Public Safety (herein referred to as" the Council.") (2.) The Council shall administer this Act. (3.) The Council may meet at such times and places and conduct its business in such manner as it shall from time to time decide. (4.) Not less than two members of the Council shall form a quorum at any meeting thereof. (5.) In the absence of the president the deputy president shall preside at a meeting of the Council, and in the absence of both the president and deputy president the Secretary for Health and Home Affairs shall so preside. The president, deputy president, or Secretary for Health and Home Affairs shall have a casting as well as a deliberative vote when presiding at a meeting of the Council. (6.) The Council shall have an official seal. Executive 7. (1.) The Council may appoint an executive s o e ff c i r c e e t r a a ry n . d officer and secretary or may appoint both an executive officer and a secretary.

kA PUBLIC SAFETY. 17981 1940. Public Safety Ac't. (2.) All courts, judges, justices, and persons acting J~ icial judicially shall take judicial notice of the seal of the =':fof Council and of the signature of any member thereof Council, &c. or of the executive officer or secretary affixed to any delegation, order, direction, authority, notice, or other document or writing, and until the contrary is proved shall presume that any such signature or such seal, as t,he case may be, was duly so affixed. (3.) Every delegation, order, direction, or notice ~uthentica. shall be sufficiently authenticated if it is signed by the tiO~~ president or any two members of the Council or if it =truments. is sealed with the seal of the Council and signed by the executive officer of the Council. Every other document or writing shall be sufficiently authenticated if it is signed by the executive officer of the Council. (4.) The secretary shall keep the records of the Duties of the Council, shall have the custody of its seal of office, and secretary. shall discharge such other duties as the Council directs. 8. (1.) The Council may do and, execute or Emergency cause, direct, or authorise to be done and executed all powers. such acts, matters, and/or things by, to, or with respect to any person or persons, his or their services, and/or his or their property as it shall deem necessary or desirable to secure the welfare, order, and/or public safety of the State of Queensland or of any part thereof, or of all or any of its inhabitants. (2.) The power conferred upon the Council hereunder to do and execute or to cause, direct, or authorise to be done and executed any act, matter, 'or thing shall include power to control, regulate, and/or prohibit or to cause, direct, or authorise the control, regulation, andlor prohibition of the doing or executing of any act, matter, or thing. (3.) Every person who has any right, title, estate, or interest in or to any property shall at all times hold and enjoy such right, title, estate, or interest subject to this Act. (4.) Where any of his powers and functions under any regulations made under the * NationalSecurityAct1939-1940 of the Commonwealth are delegated by any Minister of State of the Commonwealth to a Minister of * No. 15, 1939 (Commonwealth). See Commonwealth Statutes, Vol. XXXVII., page 65.

17982 PUBLIC SAFETY. Public Safety Act. 4 GEO. VI. No. 28, the Crown of this State such Minister, subject to the said *National Security Act 1939-1940, the regulations thereunder and the instrument of delegation, shall have and exercise with respect to such delegated powers and functions all of the powers, authorities, functions, jurisdiction, and protection of the Council constituted under this Act. LCEomocmearmlgiesnscioyn. writi 9 n . g ( , 1 c . o ) nTsthiteutCe aouLnoccaill mEmayer, gbeyncaynCionmstmruismsieonntfionr any district. A Local Emergency Commission may be so constituted for such Local Authority Area or Areas as the Council shall think necessary. A Local Emergency Commission may be called "The [Name of District for which constituted] Local Emergency Commission." Membership (2.) A Commission shall consist of such one or more Colo ission. persons as the Council shall name in the instrument constituting such commission: Provided that the Council may from time to time appoint additional members to any such Commission. M Co e m et m in i g s s si o o f n, one m( 3e.) mIbf earniyt ssuhcahll Cmoemetmaitsssuiocnh ctiomnseisstasnodfpmlaocreesthanand conduct its business in such manner as it shall, subject to any direction of the Council in that behalf, from time to time decide, and one of its members appointed in that behalf by the Council shall be the chairman and executive officer thereof and shall preside at all meetings, Quorum. (4.) If any such Commission consists of three or more members— (a) Not less than one-half of the total number of members thereof for the time being shall constitute a quorum at any meeting; and (b) The Council may in addition to appointing a member to be chairman and executive officer thereof, appoint another member to be deputy chairman and deputy executive officer. (5.) The chairman or, in his absence, the deputy chairman (if any) shall preside at all meetings of the Commission and when so presiding shall have a casting as well as a deliberative vote. * No. 15, 1939 (Commonwealth). See Commonwealth Statutes, Vol. XXXVII., page 65.

1940. PUBLIC SAFETY. Public Safety Act. 17983 (6.) Every member of a Commission shall hold office during the pleasure of the Council. 10. The Council may appoint a secretary to a Secretary, C omml . ss . lOn an d every C omm ' lssl . On may appom . t an d oemffipcleorys eaens dof employ such other officers and employees as it shall the .. deem necessary. CommISSIon. 11. (1.) A Commission shall be and be deemed to be Commission a body corporate under the name and style of "The constituted [Name Of District for which it is constituted] Local : o~ ~ ~ ate. Emergency Commission." (2.) A Commission shall by its corporate name have perpetual succession and an official seal and shall be capable in law of suing and being sued and, subject to its delegation, shall have power to take, purchase sell, exchange, lease, assign, transfer, and hold lands, goods, chattels, and other property. (3.) All courts, judges, justices, and persons acting judicially shall take judicial notice of the appointment of the chairman and other members of and of the secretary to a Commission and of their respective signatures and of the seal of the Commission affixed to any document or notice or other writing, and until the contrary is proved shall presume that any such signature or such seal, as the case may be, was duly affixed to any document or notice concerned. (4.) Every document, notice, or other writing shall be sufficiently authenticated if it is signed by the chairman or any two members of a Commission or if it is sealed with the seal of the Commission and signed by the chairman or secretary of the Commission. 12. (1.) The Council may, by the instrument Functions appointing a Local Emergency Commission or by a ~ ; e~ : e~ ~ y later instrument, delegate to such Commission- Commission. (a) All or any of the powers, authorities, functions, and jurisdiction conferred or imposed upon the Council under this Act; and/or (b) All or any of the powers, authorities, functions, and jurisdiction conferred or imposed by any other Act or law upon any person.

17984 PUBLIC SAFETY. Publilc Safety Act. 4 GEO. VI. No. 28, (2.) A Commission shall have and exercise within the district for which it is constituted all such powers, authorities, functions, and jurisdiction as are delegated to it by the Council under subsection one of this section, and for the purpose of enabling it to have and exercise any delegated power, authority, function, or jurisdiction a Commission shall be deemed to be the Council or the person concerned, and all relevant provisions of this Act and every other applicable Act or law shall be read, construed, applied, and extended accordingly. (3.) When any power, authority, function, or jurisdiction of any person is delegated to a Commission by the Council, such person shall cease to exercise same on and from the date of such delegation and until the delegation is terminated by the Council. Powers of entry. 13. Any person doing or executing any order, direction, authority, or notice of the Council or a Commission shall have all such power of ingress, egress, and regress to and from any place as he shall deem necessary or desirable to do and execute any act, matter, or thing prescribed by his order, direction, authority, or notice. Such right of ingress, egress, and regress may be exercised at any time of day or night and either with or without assistants and, where necessary, such force as may be necessary to effect same may be used. Arrest without warrant. 14. (1.) Every person who, at any time while this Act remains in operation, commits any offence against- (i.) *" The Firearms License Act of 1927 "; or (ii.) t" The Criminal Code" for which he would not except for this section be liable to be arrested without warrant; or (iij.) t" The Vagrants, Gaming, and Other Offences Acts, 1931 to 1938," for which he would not except for this section be liable to be arrested without warrant; or (iv.) Any other Act notified by the Council by a notice published in the Gazette, may be arrested without warrant. * 18 Geo. v. No. 21, supra, page 11927. t 63 Vic. No. 9, Sch. 1., and amending Acts, supra, pages 344 et seq. ~ 22 Geo. v. No. 27 and amending Acts, supra, pages 13987 et seq.

1940. PUBLIC SAFETY. Public Safety Act. 17985 (2.) Any person who obstructs or attempts to obstruct or who counsels or procures any other person to obstruct or to attempt to obstruct-- (i.) The doing or executing by the Council or a Commission or any person acting under the authority of the Council or a Commission of any act, matter, or thing which the Council, or such Commission, or such person may do and execute hereunder; or (ii.) The doing and executing by any other person of any act, matter, or thing prescribed by any order~ direction, authority, or notice made, issued, or given by the Council or a Commission, shall be guilty of an offence and may be arrested without warrant. (3.) Nothing in this section shall prejudice any power to arrest without warrant prescribed by any other Act or law. (4.) The expression "may be arrested without warrant" means that the provisions of *" The Oriminal Oode" relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions (if any) as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case: Provided that the term "police officer" when used in any such. provision of *" The Oriminal Oode" shall include any person doing or executing any act, matter, or thing pursuant to an order,authority, direction, or notice made or given by the Council or a Commission: Provided further, that the Governor in Council may by regulation modify any such provision of *" The Criminal Code" and either generally or with respect to particular offences. 15. (1.) If any person contravenes or fails to General comply with any provision of this Act (including any penalty. Proclamation, Order in Council, regulation, delegation, order, direction, notice, or other document or writing made, issued, or given under this Act) he shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. * 63 Vic. No. 9, Sch. 1., and amending Acts, supra, pages 344 et 8eq.

17986 PUBLIC SAFETY. I;ublic Safety Act. 4 GEO. VI. No. 28, (2.) All penalties imposed by this Act may be recovered in a summary way under *" The Justices Acts, 1886 to 1932," upon the complaint of the executive officer of the Council or a Commission or of a person authorised by him or, in the case of an offender who has been arrested, upon the complaint of the person who arrested such offender. (3.) When an offence against this Act is committed by a child of or under the age of sixteen years the person in immediate control of such child at the time of the commission of such offence shall be deemed to be guilty of the offence unless he proves that he did not know and had no means of knowing of the commission of such offence. (4.) When an offence against this Act is committed by a body corporate every person who at the time of the commission of such offence was a director or governing officer, by whatever name called, of such body corporate shall in addition to such body corporate be deemed to be guilty of the offence unless he proves that he did not know and had no means of knowing of the commission of such offence. (5.) If any person who has committed an offence against this Act continues such offence after the date of his conviction thereof he shall be liable to a daily penalty of not more than twenty pounds for each and every day during which such offence is so continued or to imprisonment for not longer than six months. ~ ve~ ents 16. (1.) In any proceedings for an offence against ~ ! rl or this Act every averment of the prosecutor contained in proceedings. the information or complaint shall be evidence of the matter averred, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of the matter so averred. (2.) Subsection one of this section shall apply to any matter so averred although- (i.) Evidence in support or rebuttal of the matter averred or of any other matter is given; or (ii.) The matter averred is a mixed question of law and fact, but in that case the averment shall be evidence of the fact only. * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

PUBLIC SAFETY. 17987 1940. Public Safety A.ct. (3.) This section shall not lessen or affect any onus of proof otherwise falling on the defendant. (4.) Where in any action or proceeding whatsoever it is material to prove that the Council or a Commission ordered, directed, authorised, or notified the doing or execution of any act, matter, or thing then, and in every such case, a certificate signed by a member of the Council or of such Commission and stating that it gave or issued or, as the case may be, did not give or issue such order, direction, authority, or notice shall be admissible in evidence in such action or proceeding and shall be conclusive evidence of the fact certified to therein. Judicial notice shall be taken of the signature of a member of the Council or of a Commission to every such certificate. This subsection shall be in aid of and not in derogation of any other provision of this section. 1 7. (1.) The costs, charges, and expenses incurred Appropria- by the Council in the administration of this Act shall be tion. paid out of the Consolidated Revenue Fund, which is hereby appropriated accordingly. (2.) The costs, charges, and expenses incurred by a Commission in administering its delegated powers, authorities, functions, and jurisdiction shall be paid out of the applicable revenue authorised to be collected by it in relation to the power, authority, function, or jurisdiction concerned, and to the extent to which such revenue is insufficient shall be paid out of moneys made available by the Council. 18. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the following matters, namely:- (a) Notwithstanding anything contained in this Act, provision for the Council to do and execute or to cause, direct, or authorise to be done and executed, or to control, regulate,

17988 PUBLIC SAFETY. Public Safety Act. 4 GEO. VI. No. 28, and/or prohibit, or to cause, direct, or authorise the control, regulation, and/or prohibition of the doing or executing of, all such acts, matters, and/or things by, to, or with respect to any person or persons, his or their services, and/or his or their property as it shall deem necessary or desirable to secure the welfare, order, and/or public safety of the State of Queensland, or of any part thereof, or ofall or any ofits inhabitants; (b) Compensation or damages to persons in respect of loss or injury suffered by reason of any act, matter, or thing done or executed or omitted to be done or executed under this Act; (c) The obtaining of information, statistics, and returns, the persons by whom and the manner in which the same or any of them are to be furnished, and the manner of verifying same. (2.) Regulations may be made on the passing of this Act. Regulations hereunder may differ in respect of different districts for which Commissions have been or are proposed to be constituted. The regulations may provide for the suspension or modification of any Act or law and either generally or in relation to any specified case or class of cases. (3.) Paragraph (a) of subsection one of this section shall not be read, construed, or applied so as to limit the application of this Act, and it is hereby declared that, in so far as the regulations make no provision or no sufficient provision in relation to any power, authority, function, or jurisdiction conferred or imposed upon the Council by this Act, the Council may do and execute or cause, direct, or authorise to be done or executed such power, authority, function, or jurisdiction in such manner as to it shall seem fit. Effect of 19. (1.) All Proclamations, Orders in Council, and p in ubthliecation regulations made or purporting to be made under this Gazette of Act shall be published in the Gazette and shall upon such Ptirooncsl,a&mca.- publication be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.

PUBLIC SAFETY. ---------------------- 1940. Public Safety Act. 17989 The publication in the Gazette of any such Proclamation, Order in Council, or regulation shall be conclusive evidence of the power and authority to make same and of all matters contained therein. (2.) All such regulations shall be laid before Parlia- Regu1al!ons ment forthwith if then sitting; and, if not then sitting, ~ ~ f~ ~ 1ald within fourteen days after the commencement of the Parliament. next ensuing session. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. RIVERS, CONTROL OF EROSION BY. See EROSION. SAFETY, PUBLIC. See PUBLIC SAFETY. SAILORS' WILLS. See SUOOESSION. SECOND-HAND FRUIT CASES. See AGRIOULTURE (SEOOND-H.A.ND FRUIT CASES AOT). SICKNESS BENEFIT BUSINESS. See SOOIETIES (FRIENDLY SOOIETIES AOTS AMENDMENT AOT).