Regional Electric Authorities Act of 1945 (9 Geo Vi No. 16) (Qld)

ELECTRICITY. 115 PART nI.- 9 GEO. VI. No. 16, 1945. Regional Electric .Authorities .Act. AlllllNDKlINTS OP .. THlII ---------------------------------------------- J: : ~ ~ (2.) Where any provision of this Act repeals and lrs?6W:- ~ ~ ~ ~ l. re-enacts with or without modification any provision of *" The State Electricity Commission Acts, 1937 to 1941," or of t" The Electric Light and Power Acts, 1896 to 1939," references in any agreement or Order in Council mentioned in subsection one of this section to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted, but so that such re-ena.cted provisions and each of them shall have operation and effect subject to subsection one of this section. An Act to Provide for the Extension and Co-ordina- 9 . G N lII o O . . 1 V 6 I . • tion of the Supply of Electricity throughout RE~ ~ AL Queensland in the manner best Calculated t~~~ :. to Promote and Serve the Population, Development and Industries of the State, and to Secure its Economic Well·being, and for purposes incidental thereto. [ASSENTED TO 12TH APRIL, 1945.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consen't of the Legis- lative A.ssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. p~ ~ ~ ~ ~ Y. t 1. This Act may be cited as " The Regional Electric Short title. A uthorities Act of 1945," and shall commence and come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette. 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART n.-POWERS OF THE GOVERNOR IN COUNCIL ; PART IIl.-TRANSFER TO AND VESTING IN REGIONAL BOARD OF EXISTING ELECTRleI'.P¥ UNDERTAKINGS; PART IV.-CONSTITUTION AND FUNCTIONS OF REGIONAL BOARDS; * 1 G. 6 No. 26 a.nd a.mending Acts, 1937 Sess. v., pp. 16505 et Beq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et aeq. l' Proclaimed as from 21st June, 1945; Gazette, 23rd June, 1945, p. 1708.

116 PART 1.- I'RELDIINARY. ELECTRICITX. Regional Electric Atttho1"ities Act. 9 GEO. VI. No. 16, PART V.-M.ANAGER, OFFICERS AND EMPLOYEES OF REGIONAL BOARD ; PART VI.-FuNDS; PART VII.-LoANS; PART VIII.-BuDGET; PART IX.-AcCOUNTS AND AUDIT; PART X.-CONTRACTS AND LEGAL PROCEEDINGS. Mea.ning of 3. (1.) In this Act, unless the context otherwise terms. indicates or requires, the following terms shall have the meanings set against them respectively, that is to say:- Commission. " Commission "-The State Electricity Commis- sion of Queensland constituted under *" The State Electricity Commission Acts, 1937 to 1945." Minister. "Minister "-The Premier and Chief Secretary or other Minister of the Crown for the time being administering this Act. Person. " Person "-The term includes any body or association of persons, corporate or unincorporate, and any Local Authority, including Brisbane City Council, or friendly society. Prescribed. Region. " Prescribed "-Prescribed by this Act. " Region "-A region of electricity supply con- stituted under this Act. Regional Board. " Regional Board" or "Board "-The Regional Board constituted under this Act in respect of any Region. This Act. Year. " This Act "-The term includes all Proclamations, Orders in Council, regulations and rules made under this Act and for the time being in force. " Year "-The period of time from and including the first day of July in any calendar year to and including the thirtieth day of June in the next succeeding calendar year. .* 1 G. 6 No. 26 and a.mending Acts, 1937 Sess. v., pp. 16505 et seq.

1945. ELECTRICITfY. Regional, Electric Authorities Act. 117 PART 1.- PRELIKINARY. (2.) Any term used in this Act to which a meaning is assigned by *" The State Electricity Oommission Acts, 1937 to 1945," or by t" The Electric Light and Power Acts, 1896 to 1945," shall, unless the context otherwise indicates or requires, have the meaning so assigned to it. 4. Subject to the Minister, the Commission shall Administra- administer this Act. tion of Act. PART H.-POWERS OF THE GOVERNOR IN COUNCil.. PART II.- POWERS Go~ J: IN 5. (1.) The Governor in Council may from time to c CO~ OI~ . time by Order in Council published in the Gazette- of: : ~! ~ ~on (a) Subject to subsection five of this section, aRnd. 1 const.Itute any part 0 ftheS tate as a regI.On 0 f BoegalrOdns. 8 electricity supply and give a name to such Region or alter such name; (b) Constitute for each Region a Regional Board which shall have and exercise the powers, authority, functions and duties conferred and imposed upon it under and in pursuance of this Act, t" The Electric Light and Power Acts, 1896 to 1945," *" The State Electricity Oommission Acts, 1937 to 1945," and such Order in Council; (c) Prescribe the number of members of a Regional Board constituted for any Region, the qualifications of such members, the terms and conditions and manner of their appoint- ment, and may appoint such members; (d) Prescribe a date on and after which the Regional Board constituted for any Region shall become and be the Electric Authority for such Region or for any part or parts of such Region specified in the Order in Council and on and after which any specified Local Authority or Local Authorities (including any specified Joint Local Authority) which is or are an Electric Authority or Electric Authorities for any Area or Areas included in such Region or, as the case may be, specified part or parts of such Region shall cease to be such Electric Authority or, as the case may be, Electric Authorities. * 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq.

118 ELECTRICITY. PART II.- POWERS OF THE Regional Electric Authorities Act. 9 GEO. VI. No. 16, GO~ ~ g~ . m ________________________________________________ (2.) The power to make an Order in Council under subsection one of this section shall include power to make (with respect to all or any of the matters specified in subsection one of this section), such one or more Orders in Council, either at the same time or from time to time, as the Governor in Council shall deem necessary or expedient in the circumstances. (3.) For the purposes of this section the term "Order in Council" includes an Order as defined in *" The Electric Light and Power Acts, 1896 to 1945," and the Governor in Council shall have and may exercise power and authority accordingly with respect to any Region, or any part or parts thereof, and the Regional Board constituted therefor. (4.) Sections nine and ten of *" The Electric Light and Power Acts, 1896 to 1945," shall not apply to or with respect to any Order in Council made under this section. (5.) The Governor in Council shall not include in any Region-- (i.) The Area in which City Electric Light Company Limited is for the time being authorised to supply electricity in pursuance of the agreement entered into by the Commission with the said company under section twenty-seven oft" The State Electricity Commission Acts, 1937 to 1945 "; or (ii.) Any Area in which any Electric Authority, other than a Local Authority, is for the time being authorised to supply electricity in pursuance of an agreement entered into by the Commission with such Electric Authority under section 11A of *" The Electric Light and Power Acts, 1896 to 1945 "; or (iii.) Any Area in which any Electric Authority other than a Local Authority is authorised to supply electricity in pursuance of an Order in Council made under *" The Electric Light and Power Acts, 1896 to 1945," and t" The State Electricity Commission Acts, 1937 to * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq.

1945. ELECTRICIT.Y. Regional Electric Authorities Act. PAR!!! IJ.- POWERS OF THE GOVlIIRNOR IN COUNOIL. 1945," which provides that the provIsIons of section forty-six of *" The Electric Light and Power Acts, 1896 to 1945," shall not apply to such Order but that in lieu thereof provisions contained in such Order providing for the sale, subject to such provisions, by such Electric Authority of the undertaking to the Governor in Council on behalf of His Majesty apply; or (iv.) Any Area in which any Electric Authority other than a Local Authority is for the time being authorised in pursuance of an Order made under *" The Electric Light and Power Acts, 1896 to 1945," to supply electricity, but the Governor in Council may upon the sale to him for and on behalf of His Majesty of any undertaking or part of an undertaking situated in an Area mentioned in paragraph (i.) or paragraph (ii.) or paragraph (iii.) of this subsection include such Area in a Region, and may upon the sale to any Regional Board of any under- taking or part of an undertaking situated in any Area mentioned in paragraph (iv.) of this subsection include such Area in the Region of such Regional Board. 6. (1.) Subject to subsection five of section five of~econstitu­ this ~ct, the Governor in Council may by Order in ~ ~ ~ ! . s. CounCll- (i.) Include in a Region any part of Queensland which is not already included in a Region; (ii.) Abolish a Region or Regions and join such Region or Regions or join parts ofsuch Region or Regions with another Region or other Regions; , (ill.) Alter the boundaries of Regions by including in one Region part or parts of another Region or part or parts of other Regions, and by excluding such part or parts from such Region or Regions. (2.) When a Region or Regions is or are abolished and such abolished Region or Regions is or are joined to another Region or other Regions, the assets and liabilities of the Region or Regions so abolished shall devolve upon the other Region or other Regions to which the Region or * 60 v. No. 24 and amending Acts, v. 3, pp. 306 et 8eq.

-120 ELECTRICITY. PART II.- POWERS OF THE Regional Electric Authorities Act. 9 GEO. VI. No. 16, GOVERNOR IN _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ COUNCIL. Regions so abolished have been joined, and where in any such case it becomes necessary so to do, the Governor in Council may, upon the recommendation of the Commission, by Order in Council declare and apportion the assets and liabilities of the abolished Region or Regions between such other Regions and in such manner as appears to him just. (3.) When the boundaries of Regions are altered by including in one Region part or parts of another Region or part or parts of other Regions and in any such case it becomes necessary so to do, the Governor in Council may, upon the recommendation of the Commission, by Order in Council declare and apportion the assets and liabilities of the respective Regional Boards, whether old or new, between them as appears to him just. (4.) When a part of Queensland not included in a Region is included in a Region all by-laws in force in the Region in which such part is so included shall become the by-laws and remain in force in such part until they are repealed or amended under this Act. (5.) When a Region is abolished and such Region or parts of such Region is or are joined to another Region or other Regions or when part of a Region is excluded from such Region and included in another Region, then, and in any such case, all by-laws in force in the Region so abolished or part of a Region so excluded from such Region shall forthwith cease and have no further effect whatsoever in the Region so abolished or part so excluded from a Region, and all by-laws in force in any other Region to which such abolished Region or part of such abolished Region is joined, or in which such part so excluded from a Region is included, shall become the . by-laws of and remain in force in the abolished Region or part of an abolished Region so joined to such other Region, or the excluded part of a Region so included in such other Region, until they are repealed or amended under this Act. (6.) When a Region is abolished and such Region or parts of such Region is or are joined to another Region or other Regions, or when part of a Region is excluded from such Region and included in another Region, then and in any such case :- (a) The charges last in force in the Region so abolis'hed, or part of a Region so excluded from such Region, shall (and notwithstanding

ELECTRICITiY. 121 PART 11.- 1945. Regional, Electric Authorities Act. POWERS OF TB:E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- - GOVERNOR IN COUNCIL. that such abolished Region or part of such abolished Region is joined to another Region, or that such part so excluded from a Region is included in another Region) continue to be in force until new or other charges have been made by the other Regional Board to which such abolished Region or part of such abolished Region has been joined, or in which such part so excluded from such Region has been included; (b) All charges which have accrued due by any person in respect of the supply of electricity within the Region so abolished, or within the part of a Region so excluded from such Region, and which remain unpaid at the date of such abolition or exclusion, as the case may be, shall (and notwithstanding that such abolished Region or part of such abolished Region is joined to another Region, or that such part so excluded from a Region is included in another Region) be and remain due and payable, and may be paid to, and received and recovered by, the Regional Board of the other Region to which such abolished Region or part of such abolished Region has been joined, or in which such part so excluded from a Region has been included. (7. ) No Order in Council made under this section shall prejudice or affect any right, power, or authority which has accrued to debenture holders. . 7. (1.) The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes whether general or to meet particular cases that may be 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 these provisions regulations may be made for or in respect of all or any of the following matters and things:- (i.) Subject to this Act, on the recommendation of the Auditor-General and the Commission regulations with respect to all or any of the following matters, namely:- (a) The form and manner in which the annual budget shall be framed and the books of account of the Board shall be kept;

122 PART 11.- POWERS OF THE GOVERNOR IN COUNCU,. , ELECTRICITY. Regi(Jlf!al Electric Authorities Act. 9 GEO. VI. No. 16, (b) The collection and banking of moneys received by or on behalf of the Board; (c) The classification of ledger accounts; (d) The charging of expenditure in each fund against and the definition of income, net income and capital; (e) The distribution of levies, charges, earnings and receipts to income and capital; (j) The correction of the accounts and of omissions therefrom ; (g) The form, preparation, entering, and the publication of statements of accounts, and other financial and relevant information; (h) The securing of uniformity in the keeping and presentation of accounts. (ii.) Subject to this Act, and" The Electric Light and Power Acts, 1896 to 1945," and "The State Electricity Commission Acts, 1937 to 1945," on the recommendation of the Commission regulations with respect to all or any of the following matters, namely:- (a) The keeping and the securing of uniformity in the keeping and presentation of statis- tical and other records; (b) The presentation, and the securing of I uniformity in the form and presentation, of reports and statistics on the conduct of the Board's undertaking by the manager to the Board; (c) The mode of making and the form of and the management and carrying out of contracts, including any contract of sale, or of work, labour, and/or materials, or hire-purchase, or hire providing for pay- ments by and/or to the Board for any plant, goods, material or other property or land, or work or labour; (d) The information and statistics to be con- tained in the annual report of the Board. (iii.) Any matter or thing required or permitted by this Act to be prescribed insofar as not so required to be otherwise prescribed.

ELECTRICIT'Y. 123 1945. Regional Electric A1dhorities Act. PART !I.- POWERS OF 'l'HE GOVERNOR IN COUNCIL. (2.) The regulations may prescribe forms, and the purposes for which such forms are to be used, and fees and fix a penalty not exceeding fifty pounds in any case for any breach thereof. (3.) Any such regulation may be made on the passing of this Act. (4.) Upon publication in the Gazette every regulation made or purporting to be made under this Act shall be judicially noticed. (5.) All regulations shall be laid before Parliament within fourteen days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the power to make fresh regulations. For the purpose of this subsection, the term " sitting days" shall mean days on which the House actually sits for the despatch of business. 8. (1.) The Governor in Council may from time to ~roc1ama. time make all such Proclamations and Orders in Council g~ d! r: ~ : as he thinks fit for the further or more effectually or COUncil. particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter, and for curing irregularities and substituting new for lost or destroyed documents. (2.) The generality of this section shall not be qualified or affected by any provision of this Act giving power to make Proclamations and Orders in Council with regard to any subject-matters in such provisions specified. (3.) (i.) Every Proclamation and Order in Council made under this Act shall be published in the Gazette. (ii.) Whereunder this Act the Governor in Council has power to make any Proclamation or Order in Council, he shall have power to make one or more Proclamations

124 ELEOTRICI'l'Y. PART !I.- POWERS OF THE GOVERNOR IN COUNCIL. Regiornal Electric Authorities Act. 9 GEO. VI. No. 16, or Orders in Council as appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. (iii.) The Governor in Council may by another Proclamation or Order in Council amend or rescind any Proclamation or Order in Council made under this Act. (iv.) No misnomer or inaccurate description or omission contained in any such Proclamation or Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of such misnomer, inaccurate description or omission provided the same is designated so as to be understood. (4. ) No Proclamation or Order in Council purporting to be made under this Act, and being within the powers conferred on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. (5.) Upon publication in the Gazette every Proclama- tion and Order in Council made or purporting to be made under this Act shall be judicially noticed. GoverJ?-or in 9. (1.) The Governor in Council may, upon the ~ ~ ~ ~ CJl may recommendation of the Commission, at any time resolution suspend or rescind any resolution or order of the Board, of Board. and/or may prohibit the expenditure of any moneys from any prescribed fund upon any work which he deems unnecessary, or which will in his opinion impose undue burdens upon the consumers of electricity in the Region or any part thereof. (2.) Any resolution of the Board rescinded by the Governor in Council shall be void ab initio unless the Governor in Council specifies some later date, in which case the resolution concerned shall be void on and from such specified date. (3.) In any case where a resolution so rescinded empowers or authorises or purports to empower or authorise the making for on or behalf of the Board of any contract or agreement or the acceptance by or on behalf of the Board of any tender or the doing or executing by or on behalf of the Board of any other act, matter or thing whatsoever, any such contract or agreement made

125 PART II.- 1945. _____ Re _ gio _ na _ l E _ lec _ tr _ ic _ A.u _ tho _ rit _ ies _ A _ .ct. ______ GO~ ~ ~ ~ ~ " : ; t : r : L : : N or purported to have been made or any such tender accepted or purported to have been accepted or any such other act, matter or thing done or purported to have been done in pursuance of such resolution shall be void ab initio. (4.) When in pursuance of this section any contract or agreement made by or on behalf of the Board or any acceptance of a tender by or on behalf of the Board or any other act, matter or thing whatsoever done by or on behalf of the Board is void ab initio, no action, claim or demand whatsoever shall be or be made or allowed by or in favour of any person whomsoever against such Board or any member, officer or employee of such Board for or in respect of any damage or loss or injury sustained or alleged to have been sustained or for or in respect of any other right or remedy whatsoever conferred or alleged to have been conferred by reason of the making of the contract or agreement concerned, the acceptance of the tender concerned or, as the case may be, the doing of any other act, matter or thing concerned. (5.) If the Governor in Council when rescinding a resolution of the Board specifies that such resolution shall not be void ab initio but shall be void from some later date, such rescission shall not void any such contract or agreement, acceptance of a tender, or other act, matter or thing as aforesaid made, accepted or, as the case may be, done prior to such later date. (6.) If· any contractor whose contract with the Board becomes void ab initio under and in pursuance of this section at any time satisfies the Governor in Council that such contract was bona fide and that, prior to the date of the rescission by the Gover:qpr in Council of the resolution authorising same, he incurred expense in or for the purposes of the execution, performance andlor carrying out of such contract, then the Governor in Council may direct such Board to pay, and thereupon such Board shall pay the amount of such expenses to such contractor; any amount so directed to be paid shall constitute a debt due and owing by such Board to the contractor concerned. 10. (1.) If, whether in pursuance of any resolution ynauthor- or order of the Regional Board or otherwise, any = ~ lFsar~ payment of money has been made to any member members.

126 ELECTRICI'lW. PART 11.- POWBRS OF THlII Regional Electric Authorities Act. 9 GEO. VI. No. 16, GO C V O E U R N N O O I R L, IN - - - - - - - - - - - - - - - - - - - - - - - - of the Board out of any fund which the Governor in Council considers unnecessary, extravagant, or is not authorised by this Act or any other Act, the Minister shall order such member to repay such money to the Board forthwith or within such time as the Minister allows. (2.) If such member does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the registrar of such court, and may be enforced accordingly. Dissolution 11. (1.) Notwithstanding anything in this Act oBfoRaredg.ional dcoisnctraeitnioedn, bthye OGrodveerrnionr CinouCnocuilncailt manayy, tiinmhei, s i a f bisnoluhties opinion circumstances have arisen rendering it necessary so to do, dissolve any Board, whereupon the chairman and members of the Board shall forthwith go out of office. (2.) The Governor in Council shall by the same or subsequent Order in Council appoint the Commission to carry on, for such period as may be specified in the said Order in Council, such of the functions of the Board and to exercise, perform, and be subject to such of its powers, duties, authorities and responsibilities as may be specified in the said Order in Council; and for this purpose the Commission shall be deemed to be the Board and may exercise all of the powers thereof. (3.) The Governor in Couneil may in the Order in Council dissolving any Board or in a subsequent Order in Council appoint fresh members in the place of the members of such Board who went out of office upon its dissolution and all of the provisions of this Act relating to the nomination, appointment and tenure of office 'of members of a Board shall apply and extend accordingly: Provided that, except with the consent of the Governor in CounCIl, any member of the dissolved Board shall not be eligible for reappointment. Governor in 12. The Governor in Council may by Order in Cmoauynoreilpeal Council repeal any by-law or part of any by-law. by-laws.

ELECTRICITY. 127 1945. PART Regional Electric Authorities Act. IIl.-TRANSFER TO AND VESTING IN REGIONAL PART I1I.- TRANSFER TO AND VESTING IN REGIONAL BOARD ~~ E~; r~' g~; BOARD OF EXISTING ELECTRICITY UNDERTAKINGS. TUANKDINEGRS'. 13. (1.) On and from the date prescribed by the Vesting of Governor in Council as the date on and after which a electricit~ Local Authority which is the Electric Authority for an : ; ~~ : ~~ ~ I~ gs Area situated in a region of electricity supply shall ; < \utho~ ities •• III RegIonal cease to be the ElectrIC AuthOrIty for such Area, the Board. following provisions shall, subject to this Act, have effect, namely:- (a) The undertaking as such Electric Authority of such Local Authority shall be divested from such Local Authority and shall vest in the Regional Board constituted for such Region; (b) All real and personal property and every right, title, estate or interest therein and all management and control of any land or thing which immediately before the prescribed date was vested in or belonged to such Local Authority as such Electric Authority shall vest in and belong to such Regional Board; (c) All moneys, and liquidated and unliquidated claims which immediately before the pre- scribed date are payable to or recoverable by such Local Authority as such Electric Authority shall be moneys and liquidated and unliquidated claims payable to or recoverable by such Regional Board; (d) All suits, actions and proceedings pending immediately before the prescribed date by or against such Local Authority as such Electric Authority may be carried on and prosecuted by or against such Regional Board, and no such suit, action, or proceeding shall abate or be prejudicially affected by any Order in Council made under this Act; (e) All contracts, agreements and undertakings entered into with, and all securities lawfully given to or by, such Local Authority as such .. Electric Authority existing at the prescribed date shall be deemed to be contracts, agreements and undertakings entered into with, and securities given to or by, such Regional Board, and may be enforced by or against such Regional Board accordingly;

128 PART 111.- TRANSFER TO AND VESTING IN REGIONAL BOARD .oF EXISTING ELECTRIOITY UNDER- TAKINGS. ELECTRICITiY. Regio1!(J,l Electric Authorities Act. 9 Goo. VI. No. 16, (f) All debts due and moneys payable by such Local Authority as such Electric Authority (including any amount due by such Local Authority as such Electric Authority to itself as such Local Authority) and all claims liquidated or unliquidated recoverable against such Local Authority as such Electric Authority shall be debts due and moneys payable by and claims recoverable against the Regional Board. (2.) In this section the term "Local Authority" includes a Joint Local Authority. Preliminary 14. (1.) During the period commencing on the date R po e w gi e o r n s a o l f of the constitution of a Regional Board and ending on Board. the prescribed date upon which such Board becomes the Electric Authority for the Region or for any part or parts of the Region for which it has been constituted the powers and functions of such Regional Board shall be limited to the matters and things following, that is to say- (a) Election of a chairman ; (b) The provision of an office for such Board; (c) The appointment and employment of officers and employees of the Board and the organisa- tion of a staff of officers and employees; (d) The preparation, performance and carrying into effect of all such acts, matters and things as in the opinion of the Board are necessary or expedient in order to enable the Board to exercise all or any of the powers, authorities, functions and duties vested in the Board by or under this Act, or *" The Electric Light and Power Acts, 1896 to 1945," or t" The State Electricity Commission Acts, 1937 to 1945," or any Order in Council; (e) The making of arrangements an~ agreements in accordance with this section; (f) The making of by-laws for the conduct of its proceedings. * 60 v. No. 24 and amending Acts, v. 3, pp. 306 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq.

ELECTRIClruY. 129 PAR'! ill.- 1945. Regional: E"lectric Authorities Act. TRANSl!'B1l 'f0 AND VBS'fIJIG Ilf RJlGIO:WAL But nothing contained in this subsection shall be 01 B ' O E A X R IS D 'fIlII(J construed so as to limit the exercise by the Board of its ELUBNC' DflJUmOoIH' powers, authorities, functions and duties in respect of 'fAJrllfGS. any of the aforesaid matters and things after such prescribed date. (2.) For the purpose of carrying out the powers and functions referred to in subsection one of this section the Regional Board may with the approval of the Governor in Council make use of the services of any of the officers or employees of any Local Authority, the undertaking as an Electric Authority of which is vested in such Board; and such Local Authority shall take all necessary steps to give effect to such approval. (3.) (a) Every Local Authority the undertaking of which as an Electric Authority is vested or to be vested in a Regional Board and such Board shall, as soon as practicable after the publication in the Gazette of the Order in Council prescribing the date on and after which such undertaking shall so vest, arrange and agree upon the· assets, debts and liabilities of such Local Authority as such Electric Authority so that the assets, debts and liabilities to be transferred to such Board by such Local Authority will be ascertained and defined. (b) Every such Local Authority and the Regional Board may for the purposes referred to in paragraph (a) of this subsection, and shall, if unable to agree with respect; to any such purpose, each respectively appoint two of its members to a joint committee to be convened by a person appointed by the Governor in Council upon the recommendation of the Commission, who shall also be a member and the chairman of such Committee. In the event of either a Local Authority or the Regional Board failing or refusing to appoint a repre- sentative or representatives to such Committee, or in the event of an appointed representative or representa- tives failing or refusing to act, the Governor in Council· may appoint a representative or, as the case requires, representatives to act as a member or members of the Committee and such power may be exercised at any· time, and from time to time, in order to secure full representation of the said parties upon the Committee. :.

130 PART III.- TRANSnR TO AND VESTING IN REGIONAL BOARD OF EXISTING ELECTRICITY UNDER- TAKINGS. ELECTRICI'DY. Regional Electric Authorities Act. 9 GEO. VI. No. Hi, (c) Such Committee shall also determine what books, documents, records and papers shall be handed over by the Local Authority to the Regional Board. (d) Where an agreement has been arrived at or a determination made on the matters with which such Committee is charged a sufficient record thereof shall be filed in the offices of both the Local Authority and the Regional Board and a copy transmitted to the Director of Local Government and to the Commission for record purposes. (e) Any expenses of such Committee shall be charged to and paid by the Regional Board. (4.) (a) The Regional Board is hereby authorised to accept such moneys as may be necessary for the purpose of exercising and performing its powers under this section and for that purpose may with the approval of the Governor in Council make arrangements with the Treasurer or with any bank or other financial institution for a temporary loan of the required amount. (b) The Treasurer is hereby authorised to guarantee to such bank or institution the repayment of the amount of such temporary loan with interest at the· rate agreed upon between the Regional Board and such bank or institution and approved by the Treasurer. . (5.) In this section the term "Local Authority·' includes a .J oint Local Authority. Indemnity to Local Authority. 15. (1.) The Regional Board shall as from the prescribed date indemnify and keep harmless every Local Authority the undertaking as an Electric Authority of which is vested in such Board, against all claims against such Local Authority in respect of moneys borrowed for the purposes of such undertaking and against all claims or any other liabilities incurred in respect thereof. (2.) The Regional Board shall pay all interest accruing due in respect of any moneys borrowed on account of the said electricity undertaking and make the contributions required by law or by any agreement to the sinking fund established in connection with any loan on account of such undertaking.

ELECTRICI'DY. 131 PART I1I.- 1945. Regiona~ Ewctric Authorities Act. TRANSFER TO AND VES'lING IN REGIONAL (3.) Neither the coming into operation of this Act 011 B E O x A I R S' D lING nor any provision hereof shall prejudice or affect any EL U IB N O D 'l J R IR lC .. ln" security, rights, powers, authorities and remedies of any TAKINGS. holder of a bond, debenture, mortgage, deed or other security given by any Local Authority as an Electric Authority before the date upon which the undertaking as an Electric Authority of such Local Authority is vested in the Regional Board, but every such holder shall have and continue to have during the currency of his bond, debenture, mortgage, deed or other security the same rights, powers, and remedies in respect of the electricity undertaking and other assets of the Regional Board (including all electricity undertakings and assets vested in such Board under this Act), and the revenues therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Regional Board instead of by the Local Authority. (4.) The liabilities imposed on the Regional Board by this section shall for the purpose of securing the discharge thereof rank in priority over any loan raised by the Regional Board. (5.) In thiR section the term "Local Authority" includes a ,Joint Local Authority. 16. (1.) The Regional Board may within its Region, Regional or if it is the Electric Authority for a part or parts only ~fe~~ :a be of its Region, within such part or parts exercise all or Authori~ y any of the powers as an Electric Authority conferred for RegIon. on a Local Authority by *" The State Electricity· Commi88ion Act8, 1937 to 1945," and t" The Electric Light and Power Act8, 1896 to 1945," and shall be subject to the like obligations and duties throughout the Region or, as the case may be, the part or parts thereof for which it is an Electric Authority as are imposed upon a Local Authority, which is an Electric Authority, with regard to its Area of supply. (2.) Subject to this Act, where the Rf'gional Board proposes to exercise such powers in the District of any Local Authority such notice, if any, as is prescribed by t" The Electric Light and'Power Act8, 1896 to 1945," shall be given to such Local Authority and any representations received in response to such notice shall be given consideration by the Regional Board. * 1 G. 6 No. 26 and amending Aots, 1937 Bass. v., pp. 16505 et Beg. tOO V. No. 24 and amending Acts, v. 3, pp. 306 et Beg.

132 ELECTRICITlY. PART III.- TRANSFER TO AND VESTlNG IN REGIONAL Regional Electric Authorities Act. 9 GEO. VI. No. 16, OF~ : ING 17. (1.) Subject to this section, if any Electric E~ =~ TY Authority other than a Local Authority is authorised p T:NGS. to supply electricity within an Area situated wholly or b; r~ e: nal partly within any District of a Local Authority, then Bo~ r~ o~ . at any time when such Local Authority could, under ~ fE~ ~ c~ , r: g and in pursuance of section forty-six of *" The Electric A~ ~ r: ity t Light and Power Acts, i896 to 1945," require such Electric :: L~ ca~ s no Authority to sell to such Local Authority its under- Authority. taking or so much of it as is within the District of such Local Authority, any Regional Board thereunto authorised by the Governor in Council upon the recommendation of the Commission shall require such Electric Authority to sell, and thereupon such Electric Authority shall sell to such Regional Board, its under- taking or so much of it as is within the District of the Local Authority in question. (2.) All of the provisions of *" The Electric Light and Power Acts, 1896 to 1945," relating to the sale to a Local Authority of the undertaking or part of the undertaking of an Electric Authority shall apply to and with respect to the sale to a Regional Board of the undertaking or part of the undertaking of an Electric Authority except that where values have in case of difference to be determined by arbitration the Land Court within the meaning of t" The Lands Acts, 1910 to 1943" (or any Act amending or substituted therefor) shall be the arbitrator. PART IV.- CONSTITUTION FUNC~ ~NSOF PART IV.-CONSTITUTION AND FuNOTIONS OF REGIONAL REGIONAL BOARDS. BOARDS • Membership. 18. (1.) A Regional Board shall consist of such number of members as the Governor in Council by Order in Council may prescribe. (2.) One member of a Regional Board shall be nominated by the Commission. (3.) The other members of a Regional Board shall be members of the Local Authorities whose Districts or parts of whose Districts are for the time being included in the Region for which such Board is constituted, and the. Governor in Council may, by ...Order in Council, aSSIgn one or more such members to each of such Local * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et Beg. t 1 G. 5 No. 15 and amending Acts, v. 5, pp. 15 et Beq.

ELEOTRICI'DY. 133 PART IV.- 1945. Regional E~ ectric Authorities Act. CONSTITUTION AND FUNCTION - - - - - - - - - - - - - - - - - - - - - - - - REGIONA BOARDS. Authorities or to a group or groups of such Local Authorities and the member or members so assigned shall be nominated by the Local Authority or group of Local Authorities in question from its or their members in such manner and within such time as is prescribed by the Order in Council. The number of members assigned to each Local Authority or group of Local Authorities need not be the same. 19. (1.) A Regional Board constituted under this Regional Act' for any Region shall be a body corporate under the ~ ~ ~ r: / o b name and style of "The (name of Region) Regional corporate. Electricity Board," and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued in its official name, and, subject to this Act, of acquiring, holding and disposing of real and personal property. (2.) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of a Regional Board affixed to any document or notice, and shall presume that it was duly affixed. 20. (1.) Subject to this Act the chairman and each Membership other member of a Regional Board shall hold office for ~egional such term as the Governor in Council may by Order in Board. Council prescribe: Provided, however, that such term shall not exceed three years. (2.) The office of chairman or a member shall- (a) Commence on the day of his appointment thereto; (b) Subject to this Act, become vacant at the conclusion of his term of appointment. 21. (1.) The office of chairman or member of aVacationof Regional Board shall be vacated- ~ ~ : b~ ~ of (a) If he is or has become disqualified or has ~~ ~~~ ~al ceased to be qualified under the provisions of this Act; or (b) If without leave obtained from the Regional Board in that behalf he has been absent from three or more consecutive ordinary meetings extending over a period of three months at the least; or

134 PART IV.- CONSTITUTlOK AND FUNCTIONS OF REGIONAL BOARDS. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16, (c) If he is ousted from his office by the Supreme Court; or (d) If he ceases for any reason to hold office before the day on which the office would ordinarily become vacant; or (e) If, having been a member of a Local Authority in the Region, he has ceased for any reason to hold office as such member; or (f) If he is the representative of the Commission and has ceased for any reason to be a member or officer of the Commission: Provided that the attendance of a chairman or member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the names of all members who so attend. (2.) If the chairman or any member of a Regional Board before he is capable of acting as such or after his office has become vacated acts or continues to act as chairman or member knowing that he is not capable or that his office has become vacated, he shall be liable to a penalty not exceeding fifty pounds. Resigna- tions from office. 22. A chairman or any member may resign his office by writing under his hand addressed to the secretary and such resiguation shall be complete and shall take effect from the time when it is received by the secretary. Vacancies. 23. When a vacancy arises in the office of member or chairman the Board shall give immediate notice thereof to the Minister. The Minister shall thereupon call upon the Local Authority or group of Local Authorities which nominated the member vacating his office or, as the case may be, the Commission to nominate another member of such Local Authority or group of Local Authorities or, as the case may be, another member or officer of the Commission to fill the vacancy and the Local Authority or group of Local Authorities or the Commission shall forthwith nominate some such member. Such member when appointed by the Governor in Council shall hold office for the remainder of the term of the office of his predecessor.

ELECTRICIT·Y. 135 1945. Region.ali Electric Authorities Act. PAM IV.- CONSTITUTION AND FUNCTIONS OF REGIONAL 24. If any Local Authority or group of Local p BOARD;. Authorities or the Commission, as the case may be, fails G~ ; : : n~ r opur rsrueafnucsees 0 f wht h eIn · S A thcetretuontnoo. mrem . qautiereda d uun I dyerquoalrifiei d n m m t'o e C a m o p u p b n O e ~ r i Jn l o t r person or persons to be members of the Board, the to fill Governor in Council may nevertheless appoint a person vacancy. or persons who need not be qualified as prescribed to fill the vacancy or vacancies in question. 25. If a vacancy occurs in the office of chairman Vacancy in the Board shall within one month of the occurre • nce ofoh c ffi a ~ I e rmoafn. the vacancy appoint one of their number to be chaIrman. If for any reason the members of the Board fail to elect one of their number to be chairman before the expiration of such time the Governor in Council may appoint a member of the Board to be chairman. Any member so appointed shall, subject to this Act, hold office for the remainder of the period of office of his predecessor. 26. The Board shall hold its first meeting at such Meetings. time and place as the Governor in Council appoints and thereafter shall meet at such time and place as may be appointed by by-law or by resolution. The Board shall have power to fix by by-law or by resolution the times and places at which meetings shall be held provided that the Board shall meet at least once in each month. All questions shall be decided by the majority present. A quorum shall comprise not less than three members nor less than one-half of the whole number of members for the time being. If any member refuses to vote his vote shall be counted in the negative. 27. (1.) At the first meeting of the Board appointed Election of to be held by the Governor in Council and thereafter at chairman. every meeting of the Board first held after the appoint- ment of members of the Board or at some adjournment thereof the members present shall elect one of their number, who shall not be the representative of the Commission, to be chairman. Subject to this Act, the chairman shall hold office as such for the term of his appointment to the Board. (2.) At every meeting for the election of a chairman the flecretary shall preside and shall have and may exercise all the powers and authorities of the chairman other than the right to vote.

136 ELECTRICIT;Y. PART IV.- CONSTITUTION AND FUNCTIONS OF REGIONAl. BOARDS. Regional Electric Authorities Act. 9 GEO. VI. No. 16, (3.) The chairman shall preside at all meetings at which he is present. In the absence of the chairman the members present at any duly convened meeting shall elect from their number a chairman for the day. The chairman or in his absence the chairman for the day shall have a vote and when there is an equal division of votes upon any question and more than three members take partin such division shall have a second or casting vote. (4.) If a member is elected or appointed to be chairman as hereinbefore provided to fill a vacancy he shall forthwith be deemed to have vacated his office as member whereupon a vacancy in that office shall arise. (5. ) Nothing in this Act shall prevent any person from being immediately or at any time nominated or appointed or re-appointed to the office of chairman or member if he is capable for the time being under this Act of being and continuing such chairman or member. Commission 28. If for any reason it is not practicable for the m ap a p y oint member nominated by the Commission to attend any delegate meeting of the Board the Commission may and is hereby fmoermitbser. authorised to appoint some other person to attend such meeting. The person so appointed shall have the same powers and authorities at such meeting as the other members of the Board. Any act or thing done by the Board at the meeting at which such person is present shall be lawful and shall have the same force and effect as if the duly appointed member nominated by the Commission were present. A notification in writing by the Commission to the Board authorising such person to attend any meeting of the Board shall be sufficient authority for such person to attend such meeting. When 29. (1.) If a member of a Regional Board has any mdiesqmubaelirfsied pecuniary interest, direct or indirect, in any contract or from voting. proposed contract or other matter, and is present at a meeting of the Board at which the contract or proposed contract or other matter is the subject for consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter: Provided that this section shall not apply to an interest in a contract or proposed contract or other matter which a member may have as an inhabitant

ELECTRICITY. 137 PAR2I IV.- 1945. Regiona~ Electric Authorities Act. OONSTITUTION AND FUNCTIONS OF - - - - - - - - - - - - ~ - - - - - - - - - - - - REGIONAL of the Region or as an ordinary user or consumer of BOARDS. electricity, or to an interest in any matter relating to the terms on which the right to participate in any service including the supply of goods is offered for general use or consumption. (2.) For the purposes of this section, a person shall (subject as hereinafter in this subsection provided) be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter if- (a) He or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made, or which has a direct pecuniary interest in the other matter under consideration; or (b) He is a partner or is in the employment of a person with whom the contract is made or is proposed to be made, or who has a direct pecuniary interest in the other ma.tter under consideration: Provided that- (a) This subsection shall not apply to membership of or employment under any public body; and (b) A member of a company or other body shall not by reason only of his membership be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body. (3.) In the case of married persons living together, the interest. of one spouse shall if known to the other be deemed for the purposes of this subsection to be also an interest of that other spouse. (4.) A general notice given in writing to the secretary of the Board by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

138 ELECTRICITY. PAl/If IV.- CONSTITUTION AND Regional Electric Authorities Act. FU R N B O G TI I O O . l lI r " A S L o:r - - - - - - - - - - - ..--- - . - - - . - - - - -.- 9 GEO. VI. No. 16, BOARDS. (5.) The secretary of the Board shall record in a book to be kept for the purpose particulars of any disclosure made under subsection one of this section, and of any notice given under subsection four of this section, and the book shall be open at all reasonable hours to the inspection of any member of the board. (6.) If any person fails to comply with the provisions of subsection one of this section, he shall for each offence be liable on summary conviction to a fine not exceeding one hundred pounds unless he proves that he did not know that a contract, proposed contract, or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. (7.) The Minister, as respects a member of any Regional Board, may, subject to such conditions as the Minister may think fit to impose, remove any disability imposed by this section in any case in which the number of members of the Regional Board so disabled at anyone time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the' interests of the inhabitants of the Region that the disability should be removed. (8.) A Regional Board may by resolution provide for the exclusion of a member of the Regional Board from a meeting of the Regional Board whilst any contract, proposed contract, or other matter in which he has such an interest as aforesaid is under consideration. Adjourn- ment of meeting. 30. (1.) The members present at a meeting may, from time to time, adjourn the meeting. (2.) If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the majority of them, or anyone member, if only one is present, or the secretary, if no member is present, may adjourn such meeting to any time not later than fourteen days from the date of such adjourn- ment: Provided that nothing herein shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.

ELECTRICITY. 139 1945. Regional Electric Authoritus Act. PART IV.- CONSTl!fU'l'lOl{ AND - - - -- - - - - - - - - - -- --- --- --- -- - -- - -- - ~- - -- - -- - -- - FWB~g: f: p (3.) All nDtices Df any meeting Dr adjDurned meeting BOARDS. Df the RegiDnal BDard (Dther than a meeting adjDurned to. a later hDur Df the same day Dn which such meeting was held Dr was appDinted to. be held, Dr to. a day nDt later than seven days after the day Dn which such meeting was held Dr was appDinted to. be held) shall be in writing, and shall be delivered Dr sent by PDSt Dr Dtherwise to. the usual place Df business, if any, within the RegiDn Dr to. the place Df abDde Df each Df the members, Dr, in the case Df the representative Df the CDmmissiDn to. the Dffice Df the CDmmissiDn, so. as to. reach each member seven days at least previDus to. the meeting. . Every such nDtice shall specify the time Df meeting and the business to. be transacted thereat. (4. ) No. business shall be transacted at any special meeting except such as is stated in the nDtice thereDf. (5.) A resDlutiDn Df the RegIOnal BDard shall nDt be revDked Dr altered unless nDtice Df the intentiDn to. prDpDse such revDcatiDn Dr alteratiDn is given to. each Df the members at least seven days befDre hDlding the meeting at which the revDcatiDn Dr alteratiDn is to. be . prDpDsed. If the number Df members present at that. meeting is nDt greater than the number present when the resDlutiDn was adDpted, the resDlutiDn shall nDt be revDked Dr altered unless the revDcatiDn Dr alteratiDn is determined upDn by an absDlute majDrity Df all the members. 31. (1.) The RegiDnal BDard shall cause minutes Minuw Df all the proceedings Df the RegiDnal BDard with the and JeIOrds. names Df the members present at each meeting, and the names Df all members voting upDn any questiDn fDr the decisiDn Df which a divisiDn is called, to. be duly recDrded frDm time to. time in minute bDDks to. be prDvided fDr the purpDse, which shaH be kept by the secretary. The minutes Df each meeting shall be signed after cDnfirmatiDn by the RegiDnal BDard by the chairman at the meeting next succeeding the meeting at which such prDceedings have taken place. (2.) The secretary shall be respDnsible fDr the safe custQdy Qf the minute-bQQks, all bQQks Qf accQunt, agreements, receipts, vQuchers, and Qther bQQks, dQcuments, papers, cQrresPQndence, and writings belQnging to. Qr relating to. the business Qf the RegiQnal •

140 ELECTRICIT,Y. PART IV.- CONSTITUTION AND Regional Electric Autlwrities Act. 9 GEO. VI. No. 16, FUNOTIONS OF REGIONAL - - - - - - - - - - - - - - - - - - - - - - - - BOARDS. Board; he shall make a record of the same in obedience to any direction of the Auditor-General and shall not destroy or mutilate any of them without the sanction in writing of the Auditor-General previously obtained. (3.) All such books, documents, papers, corres- pondence, and writings which are not by this Act declared to be open to inspection shall nevertheless be open to inspection by any member. Any person having the custody of any such books, document, paper, corres- pondence, or writing who fails to permit such inspection shall be liable to a penalty not exceeding five pounds. (4.) Whenever any return, book of account, agreement, receipt, voucher, or other paper or writing belonging to or relating to the business of a Regional Board is destroyed or lost, the Auditor-General may direct all such acts and things to be done as he thinks best for repairing the loss, and may declare any copy of any such return, agreement, receipt, voucher, or other paper or writing to be valid and effectual for all purposes, and may, if necessary, define the time during which such copy shall remain in force. (5.) Correspondence with the Regional Board shall be addressed to the secretary. (6.) The Regional Board may decide whether or not , correspondence shall be read by the secretary. Dismissal of 32. (1.) The Board may at any time suspend from mseacnreatgaerry.or office the manager or the secretary if in the opinion of the Board the manager, or, as the case may be, the secretary is guilty of misconduct or neglect, but the Board shall not dismiss from office the manager or the secretary without the prior approval of the Commission. (2.) Where the Board suspends from office the manager or the secretary the Board shall give immediate notice thereof to the Commission stating the reasons therefor, and, subject to subsection three of this section, the Commission shall, as soon as may be, inform the Board whether or not it approves of the dismissal from office of the manager or, as the case may be, the secretary. (3.) The manager or the secretary may within one week of the date of the notification from the Board of his suspension request the Commission to enquire into the circumstances of the case.

ELECTRICITY. 141 1945. Region.al; Electric Authorities Act. PART IV.- CONS! ~ % TION - - - - - - - - - - - FWi::g;!L OF If the Commission is requested to so enquire or if, BOARDS. notwithstanding that a request for such enquiry has not been made, the Commission thinks it desirable or necessary to so enquire, it shall appoint some person accordingly. Such person shall hold an enquiry and make a report to the Commission with a minimum of delay. The person holding the enquiry shall have and may exercise all of the powers, authorities, protection and jurisdiction of a Commission under *" The Official Inquiries Evidence Acts, 1910 to 1929." (4.) If the Commission refuses to approve of the dismissal of the manager or, as the case may be, the secretary, he shall be restored to his office as such, but he shall be dismissed therefrom if the Commission approves of his dismissal. The Commission shall also determine whether or not either such officer is to be paid his salary or any part thereof for the period of his suspension and the Board shall observe such decision. 33. (1.) Subject to this Act and to t" The StateFunotions Electricity Oommission Acts, 1937 to 1945," and to t" The~ egional Electric Light and Power Acts, 1896 to 1945," the following Board. powers, duties, authorities and functions shall be and are hereby imposed upon a Regional Board, namely:- (a) The construction, extension, protection, main- tenance, control and management of works for the supply of electricity and the supply of electricity; (b) The supply, installation and trading in and the sale or hire of electrical fittings, apparatus and appliances within the Region. (2.) Subject to this Act and to the other Acts herein- before mentioned in this section a Regional Board shall directly exercise and perform all and every of the powers, authorities, duties and functions of that Board in relation to the following matters, that is to say- (a) The raising of loans and overdrafts for the purpose of exercising the power of supplying electricity and of supplying, installing and trading in electrical fittings and appliances; '" 1 G. 5 No. 26 and amending Acts, v. 3, pp. 439 et Beg. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et Beg. :j: 60 V. No. 24 and amending Acts, v. 3, pp. 306 et Beg.

142 ELECTRICITY. PART IV.- CONSTITUTION AND Regional Electric. Authorities Ac.t. 9 GEO. VI. No. 16, FUNOTIONS OF REGIONAl. - - - - - - - - - - - - - - - - - - - - - - - - BOARDS. (b) The raising of loans for the purpose of discharging any liability imposed on the Regional Board by section fifteen of this Act; (c) The fixing of charges and/or fees; (d) The voting of money for. expenditure on the works, services and operations of 1;he Board; (e) The acquisition, leasing, sale and exchange of any land or other property and the granting of any lease of land; (f) Subject to t,his Act, the acceptance of tenders; (g) The authorising of the establishment of new generating stations to be operated by the Board or the installation of additional main generating units or the construction of main transmission lines and main substations; (h) The authorising of the supply, installation and trading in and of the sale or hire of electrical fittings, apparatus and appliances; (i) Any agreement respecting the supply of electricity in bulk by the Board to, or the obtaining of electricity in bulk from, any other Electric Authorit.y ; (j) Any proposal for the extension of the Board's operations into other Regions or other parts of the State; (k) The acquisition of undertakings operated by Electric Authorities other than Local Authorities; (l) Any application or notice to the Governor in Council or the Minister; (m) The election of the chairman of the Board; (n) Meetings of the Board; (0) Travelling expenses of members of the Board; (p) Awards or industrial agreements under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1944," or any amendment thereof and any question as to the payment to any officer or employee or any salary or wages at a rate in excess of the rate fixed by any such award or industrial agreement; (q) Subject to the provisions of this Act the appointment, suspension and termination of employment of the manager and secretary; • 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et Beq.

ELECTRICITY. 143 1946. Regional] Electric Authorities Act. PART IV.- CONSTITUTION AND ~ - ~ F' !li:g: ~OF (r) Any proposal for the making or by-laws ; BOARDS. (8) The conditions respecting any sinking fund or investment; (t) The transfer of the assets, debts and liabilities of a Local Authority including a Joint Local Authority as an Electric Authority to the Board; (1£) Matters relating to the indemnity which the Board is required to give under this Act; (v) The delegation of reserved functions to the manager and the revocation of such delegation; (w) The appointment of representatives of the Board to attend any conference or meeting and the payment of the expenses of such representatives; (3.) In this Act the powers, authorities, functions and duties enumerated in subsection two of this section are referred to as the" reserved functions." 34. The Regional Board may by resolution, with Power to the approval of the Governor in Council on the recom- delegate. mendation of the Commission, delegate to the manager either wholly or in part and either permanently or for a limited period and subject to such limitations as may be contained in the resolution or as may be prescribed any of its reserved functions except the power to borrow and/or vote money, and to fix charges and/or fees, and may, by subsequent resolution, withdraw any such delegation either wholly or in part. No act of the manager done within the scope of any such delegation during the period such delegation is in force shall be invalidated by reason of a withdrawal of the delegation. 35. (1.) The Board may in any year out of the Other prescribed fund, expend for the purpose of the promotion ~~ ~ ~~ ~ f of electrical development, any sum not exceeding one Board. pound per centum of its revenue for the immediately preceding year. (2.) With the approval of the Governor in Council, the Board may out of the prescribed fund pay in any year to any benefit or provident fund established for the benefit of its own employees by way of grant or subsidy such amount as it thinks proper.

144 ELECTRICITY. PART IV.- F CO W N ~ BAT : IN' g ID'U ~ 'I' ~ lO F l{ _________ R _ eg _ i _ 01 _ ~ _ al __ E _ l _ ec _ t _ ri _ c __ A _ u _ th _ o _ r _ it _ ie _ s __ A _ c _ t. __ 9 __ GE _ O _ . _ V _ I _ . _ N _ o _ . _ 16 _ , BOARDIl. (3.) The Board may Jom any technical or commercial society or association to which it is entitled to belong and may pay such contributions as member- ship of such societies or associations entails. By.laws. 36. (1.) The Board with the approval of the Commission may make by-laws for the purposes of this Act. Without limiting the powers of the Board in that behalf the Board may make by-laws for all or any of the following purposes, that is to say- (a) For the payment of an allowance to the chairman and of fees to members for attending meetings of the Board and the payment of expenses necessarily incurred in attending meetings; (b) For regulating the conduct of its proceedings; (c) For defining the duties of the servants of the Board; (d) In addition to any regulations made under the provisions of *" The Electric Light and Power Acts, 1896 to 1945," for securing the safety of the public, for further securing such safety and may impose for any breach of such by-laws penalties to be recovered in a summary manner provided that no such penalty shall exceed ten pounds. (2.) The Board may at any time by a further by-law amend or repeal any by-law made under this section. (3.) Every resolution making a by-law shall be passed at a special meeting of the Board called for that purpose and shall be confirmed at a subsequent special meeting of the Board and shall be sealed with the seal of the Board. After the passing of a resolution making a by-law by the Board and not less than thirty days before the resolution is confirmed, a copy of such by-law shall be deposited at the office of the Board and shall be there open to inspection; and a notice shall be published in some newspaper setting forth the general purport of the proposed by-law and stating that a copy is open to inspection. * 60 v. No. 24 a.nd amending Acts, v. 3, pp. 306 et seq.

ELECTRICITY. 145 1945. Region.av Electric Authorities Act. PART IV.- CONSTITUTION AND _ _ _ _ FU~ ~ ~ ~ ~ ~ ~ ~ F BOARDS (4.) After a by-law made or purporting to have been made under this Act has been sealed, it shall be submitted for the approval of the Governor in Council, and, if approved by him shall, upon publication in the Gazette, be judicially noticed. (5.) The Governor in Council may by Order in Council repeal any by-law or part of any by-law. (6.) Notwithstanding the amendment or repeal of any by-law, every offence committed against the by-law before the amendment or repeal thereof may be adjudicated upon and punished; and every act or proceeding done or commenced and every right~ privilege or protection acquired and every liability incurred shall continue to be prosecuted and be of the same force and effect as if the by-law had not been amended or repealed. 37. (1.) The Regional Board shall provide the Board to Commission at the Commission's request from time to make time with such returns relating to matters under its returns. jurisdiction as may be required, and the Commission shall fix a reasonable time within which the returns so required shall be furnished. Any person appointed for that purpose by the Commission shall at any time have access to all records of the Regional Board, and may examine the same for the purpose of ascertaining if such returns are correct. (2.) Any Regional Board which neglects or refuses to furnish any return required by this subsection or makes a false return, and any person who impedes or obstructs any person appointed by the Commission to perform any duty under this subsection shall be liable to a penalty not exceeding fifty pounds. The manager and the chairman and every member of the Regional Board who causes or is privy to any such neglect, refusal, or falsity shall also be liable to the same penalty. 38. The Regional Board shall, on or before the Annual thirty-first day of July in each year, make a report oceport. it~ operations for the next preceding year to the Com- mISSIOn. The report shall contain the prescribed information and statistics.

146 ELECTRICITY. PART V.- MANAGER, OI!'FICERSAND EMPLOYliiliS OF REGIONAL BOARD. ~. - -. - - - ~ - - - - - . - Regional Electric ----. Authorities Act. 9 GEO. VI. No. 16, PART V.-MANAGER, OFFICERS AND EMPLOYEES OF REGIONAL BOARD. Appoint- ment of manager. 39. (1.) Subject to *" The Industrial Conciliation and Arbitration Acts ( War Service Preference in Employment) Act of 1944," the Regional Board shall appoint a person chosen solely on the basis of his executive, technical and administrative experience and qualifications to be manager. Such appointment shall be subject to the approval of the Commission. (2.) The manager shall exercise and perform for and on behalf of the Regional Board- (a) The powers, authorities, duties and functions 6f the Regional Board other than the reserved functions; (b) Such of the reserved functions as may be delegated to him by the Board and in respect of which the delegation shall not have been withdrawn by the Board; (c) The appointment and employment for and on behalf of the Board of such and so many officers and employees (excepting the secre- tary) as are necessary for the efficient carrying out of the functions and duties of the Board and the control and supervision of the officers and employees of the Board. (3.) The manager shall be a servant of the Board and shall be paid such salary as the Board may determine. . (4.) The manager may do all such matters and things including the making of contracts for and on behalf of the Board and fixing of the official seal of the Board to documents as may be necessary for or incidental to the exercise or performance of any of the powers, authorities duties and functions conferred or imposed upon him by or under this Act. The manager shall not affix the official seal of the Board to any document save under the authority of a resolution of the Board. (5.) The manager may, subject to the provisions of any Acts or regulations made in relation thereto, call for and accept tenders for any contract where suoh - -- - -. - -- - -- - -- ~ . ~ ~ ~ - * 9 G. 6 No. 4 (infra, this vol. p. 219).

ELECTRICl'lW. 147 1945. Regionall Electric Atdhorities Act. ~ - - - - - - -- - - - - - ~ - PART V.- MANAGER, OFFICERS AND EMPLOYEES OF REGIONAL contract involves the estimated expenditure of an HOARD. amount not exceeding two hundred and fifty pounds and such amount is within the' limit of expenditure authorised by the Board. (6.) Within three months after the appointment of any officer entrusted by a Regional Board with the custody or control of moneys by virtue of his office, the Regional Board shall take sufficient security from the State Government Insurance Office or from some associa- tion or company carrying on in Q.ueensland the business of a guarantee society for the faithful execution of such office by such officer; and if upon the expiration of that period such security has not been taken, the office of such oftlcer shall forthwith be vacated. 40. (1.) The manager shall, whenever requested Fur~ her to do so by the Chairman of the Board or by the Board, ~ t~ ~ ~ ~ : ' report to the chairman or the Board as the case may require all such information as may be in the possession or procurement of the manager in relation to any acts) matters or things appertaining to or concerning any business or transaction of the Board which is mentioned in such request. (2.) It shall be the duty of the manager to advise and assist the Board generally in relation to the exercise or performance by it of the reserved functions and in particular in relation to any matter or thing concerning the exercise or performance by the Board of the reserved functions or any of them or upon or in respect of which the. Board requests the advice or assistance of the manager. (3.) It sha11 be the duty of the manager to carry into effect all lawful orders of the Board in relation to the exercise and performance of the reserved functions. (4.) The Board may at any time by resolution require the manager to prepare and submit to the Board plans and specifications for the institution of any particular works specified in such resolution which can lawfullY . be executed by the Board together with an estimate of the probable cost of the execution of such works. (5.) Where the Board passes any such resolution the manager shall as soon as conveniently may be prepare and submit to the Board plans and specifications and an estimate in accordance with such resolution.

148 ELECTRICITY. PART V.- MANAGER, ()FFICEllS AND Regional Electric Authorities Act. 9 GEO. VI. No. 16, EMPLOYEES OF REGIONAL BOARD. Manager to 41. (1.) The manager shall have the right to attend attend meetings of the Board and to take part in discussions meetings. at such meetings as if he were a member of the Board but he shall not be entitled to vote on any question which is to be decided by vote of the members. The manager shall not be entitled to be present at any such meeting during any discussion which concerns his appointment, suspension or dismissal or his salary or the conditions of his employment. (2.) The manager shall attend all such meetings of the Board as he is required by the Board to attend and shall at such meetings give to the Board such advice and assistance as shall reasonably be required of him by the BQard and for that purpose the manager shall arrange for the attendance at such meetings of such of the officers and employees of the Board as may be necessary having regard to the business to be transacted at such meetings. Powers of Board in respect of ma.tters other than reserved functions. 42. (1.) The Board, at a meeting specially summoned for the purpose in accordance with any by-law made on that behalf may, by resolution, require any particular act, matter or things specifically mentioned in such resolution to be done in relation to any of the .powers, authorities, duties and functions of the Board which are not reserved functions. (2.) Where a resolution has been proposed at the meeting of the Board summoned for the purpose under this section the Board and the manager shall consider such resolution and if after such consideration the Board passes such resolution and the number of members voting for such resolution is three or more the manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter or thing which is required by such resolution to be done. (3.) A resolution passed under this section shall not be so expressed as to apply or extend to the exercise or performance of any power, authority, duty or function of the Board generally or to every case or occasion of the exercise or performance of any Ruch power, authority, duty or function or to the number or class ofsuch cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, authority, duty or function is exercised or performed.

ELECTRICITY. 149 PART V.- 1045. Regional, Electric Autho'rities Act. MANAGER, OFFICERS AND EMPLOYEES OF REGIONAL BOARD. Any resolution purporting to be passed by the Board under this section which contravenes this sub- section shall be void and of no effect. (4.) In the event of any dispute arising between the Board and the manager as to whether or not any resolution passed by the Board under this section contravenes the provisions of subsection three hereof, the matter shall be referred for decision to the Commission. The decision of the Commission upon any such reference shall be final and shall be binding upon the Board and the manager. 43. (1.) Every act or thing done or decision taken How by the manager which, if done or taken by the Board, manafr would be required by law to be done in writing shall be ~ ~ c~ ~ o: s, done or taken by the manager by an order in writing &c. signed by him and containing a statement of the time at which it was so signed. (2.) Where by or under any Act, including this Act, public notice of any matter is required to be given by the Board, such notice shall be given by the manager. (3.) Every order made by the manager under this section shall for all purposes be deemed to be made at· the time at which it is signed by the manager, and every order shall, until the contrary is proved, be deemed to have been so signed at the time stated in that behalf in such order. (4.) The manager shall keep a register in which shall be entered a copy of every order made by him under this section and the manager shall at every meeting of the Board produce for the inspection of the members of the Board so much of such register as contains any such orders made since the next previous meeting of the Board: Provided that the manager shall, if thereunto directed by the Board, produce for the inspection of the members of the Board at any meeting, such register or so much thereof as the Board directs. (5.) Every document purporting to be an order made and signed by the manager shall without proof of the signature of the person purporting to sign such document or that such person was the manager, be received in evidence in all courts, and shall, until the

150 ELECTRICITY. PART V.- MANAGBR, OFFICERS AND Regional Electric Authorities Act. 9 GEO. VI. No. 16, EMPLOYEES OF REGIONAL BOARD. contrary is proved be deemed to be an order duly made and signed by the manager under this section and to have been so signed at the time stated in that behalf therein. (6.) Every document purporting to be certified in writing by the manager to be a true copy of an order made by the manager under this section shall without proof of the signature purporting so to certify or that such person was the manager be received in evidence and shall until the contrary is proved be deemed to be evidence of the contents of the order of which it purports to be a copy and of the fact that such order was duly made and signed by the manager under this section at the time stated in that behalf therein. Mana.ger 44. (1.) Subject to the provisions of this Act : U~ horise the manager may by order signed by him and counter- xpenditure. signed by the secretary of the Board authorise the making of any payment out of the funds of the Board in respect of any expense or on account of any liability incurred by the Board or the manager on behalf of the Board in the exercise or the performance by the Board or the manager (as the case may be) of any of the powers, authorities, duties, or functions of the Board which are exercisable or performable by it or him respectively under this Act, or *" The Electric Light and Power Acts, 1896 to 1945," or t" The State Electricity Commission Acts, 1937 to 1945." (2.) The Board may at any time by resolution direct that every order made under subsection one of this section shall, during such period as is specified in such resolution, be submitted to the chairman or to some other member of the Board nominated from time to time for the purpose by the Board for his signature. (3.) The Board may at any time by resolution revoke a direction given under subsection two of this section. (4.) Where the Board gives any such direction as is hereinbefore mentioned then while such direction remains in force the signature of the chairman or' of the member of the Board nominated for the purpose (as the case may require) shall be necessary on every such * 60 V. No. 24 a.nd amending Acts, v. 3, pp. 3 6 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et 8eq.

ELECTRICITY. 151 1945. Regional' Electric Authorities Act. PART V.- MANAGER, OFFICERS AND EMPLOYERS OF REGIONAL BOARD. order as is mentioned in subsection one of this section in addition to the signature and counter-signature mentioned in that subsection,but the chairman or such member (as the case may be) shall not, by reason of the fact of his signature being on any such order, incur any liability to which he would not have been liable if such direction as aforesaid had not been given. 45. In every action or other legal proceeding, Manager to whether civil or criminal, instituted in any court, by or· act in d. against the Board the manager shall act for and on b~ o~ ~ e mgs behalf of the Board and may do all such acts, matters against or thm· gs as he may conSl· der necessary . .! l " or t he preparat·IOn Board. and prosecution or defence of such action or proceedings. Where any such action or other proceeding relates to the exercise or the performance by the Board of any of the reserved functions the manager shall in the doing of any such act, matter or thing as aforesaid act with the express authority of the Board which authority shall be deemed to have been given unless and until the contrary is shown. This section shall not apply where the amount involved in any such action or legal proceedings as aforesaid exceeds one hundred pounds. 46. (1.) (i.) If the manager or secretary dies or Acting resigns or is through illness, absence from the Region, manager or or suspension from office temporarily incapable of secretary. performing the powers, authorities, duties and functions of his respective office, an acting manager or, as the case requires, an acting secretary shall be appointed under this section. (ii.) Such appointee shall, during the continuance of the absence of the manager or, as the case may be, the secretary or, if he was so appointed by reason of the death or resignation of the manager or secretary, until a new manager or, as the case requires, secretary is appointed have and exercise all the powers, authorities and functions and perform all the duties of manager or, as the case may be, secretary. (2:) The acting manager or acting secretary shall be appointed by the Regional Board upon the recom- mendation of the manager except in the case of the death of the manager, when such appointment may be made by the Regional Board or except in a case of emergency when either such appointment may be made by the manager after consultation with the chairman of

162 PART VII.- LOANS. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16, Brokerage. 60. Subject as is hereinafter provided, the Regional Board may pay moneys by way of brokerage for or in respect of the making, procuring, negotiating, or obtaining the loan of any money which the Governor in Council has by Order in Council permitted the Regional Board to borrow: Provided that no moneys shall be paid by the Regional Board by way of brokerage for or in respect of the loan of any moneys borrowed by it unless the Treasurer has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as to him shall seem fit: Provided further that section fourteen of *" The Money Lenders Acts, 1916 to 1934," shall not apply or extend to brokerage which the Regional Board is authorised to pay under and in accordance with this subsection, and which brokerage has been approved by the Treasurer and is agreed to be paid by the Regional Board subject to the terms and conditions, if any, imposed by the Treasurer. Illegal borrowing. 61. (1. ) No person lending money to a Regional Board otherwise than in accordance with this Act or some other Act shall have any remedy or right whatsoever to recover such money from the Regional Board: Provided that nothing in this subsection shall prejudice or affect section fifty-eight of this Act. (2.) If a Regional Board borrows any money which it is not legally authorised to borrow, all the members who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members by action in any court of competent jurisdiction. (3.) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the m~mbers who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight pounds * 7 G. 5 No. 13 and amendillg Acts, v. 6, pp. 738 et seq.

1945. ELECTRICITY. Regionar Electric Authorities Act. 163 PART VII.- LOANS. per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Com- mission or any consumer of electricity in the Region or creditor of the Regional Board who, on recovery of the same, shall pay the amount recovered into the fund concerned, but shall be personally entitled to full costs of suit, including costs as between solicitor and client. PART VIII.-BUDGET. PART VIII.- BUDGB'I'. 62. (1.) On or before the thirty-first day of July Annual in each year the manager shall have prepared a budget ~ ~ ~ ~ ~ ! ~ d for the current year in the form and manner prescribed. and A copy of the budget shall be sent to each member and :b~ !! ~ d to the Commission within seven days thereof. mission. (2.) The budget shall be considered by the Board Budget to at a special n:eeting called for that purpose only on or ~ i~ Z~ ~ at before the thIrty-first day of August in each year, at Spec~ al which the manager shall be present and of which not Meetmg. less than twenty-one days' notice shall have been given to every member of the Board, to the manager and to the Commission: Provided that a period of at least twenty-one days shall elapse between the receipt by each member and the Commission of the copy of the budget and the budget meeting. (3.) The Commission shall inform the Board prior to the holding of the budget meeting that it approves ()f the budget- (a) As presented by the manager; or (b) As amended or modified as specified by the Commission. 63. (1.) At the budget meeting the Board may Board to adopt the budget as approved by the Commission or ~ ~~ ! t. may dedine to adopt such budget. (2.) If the Board declines to adopt the budget as approved by the Commission the Board shall propose, whether by addition, omission or variation, the manner in which it desires the budget to be adopted.

164 P AR!r VIII.- BUDGET. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16. Manager may state objection to amend- ment of budget. (3.) Where any amendment to the budget as presented by the manager is required by the Commission or proposed by the Board and the manager is of opinion that such amendment if made would seriously prejudice the efficient or economic performance of the duties of the Board, the manager shall, at the budget meeting, state his objection to such amendment and his reasons therefor and thereupon the Board shall consider such objection in deciding whether it shall adopt or decline to adopt the budget. Final (4.) If the Board declines to adopt the budget as ~ ; c: - : : ster approved by the Commission it shall, within seven days on Budget. after the budget meeting, inform the Commission thereof stating the Board's objection thereto and the manner in which it proposes that the budget should be adopted. The Commission shall thereupon submit the Board's objection and proposal to the Minister for decision. The decision of the Minister shall be final and binding on the Commission and the Board. (5.) Within fourteen days of the receipt of the Minister's decision in accordance with subsection four of this section the Board shall, at a further special meeting called for the purpose, adopt the budget in accordance with the Minister's decision. (6.) A copy of the budget adopted by the Board shall be deposited at the offices of the Board, and may be inspected free of charge by any member of the public at any time at which such offices are open for the transaction of official business. ~ ~ terntn- (7.) At the budget meeting at which the budget is :h: ' ~ ! to adopted the Board shall, subject to *" The Electric Light meet budget. and Power Acts, 1896 to 1945," and t" The State Electricity Commission Acts, 1937 to 1945," and section sixty-four of this Act, by the same resolution passed at such meeting by which the budget is adopted determine in accordance with such budget as so adopted the charges to be made for the purposes specified in such budget. Vmohaeareritgaetiso t n o of sectio 6 n 4 s . s(iIx.t)y- Ntwotowiathnsdtasnidxitnyg- thraeneytohifntghiscoAntcat, ineifd thine budget. Board or the manager considers it necessary or desirable that the charges to be made by the Board should be varied at the same time as the budget is to be adopted, * 60 V. No. 24 and amending Aots, v. 3, pp. 306 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 eJ seq.

ELEC1'RICITY. ----- - ~ - ~ - - - - - - 1945. Regional Electric Authorities Act. 165 -- PART VIII.- BUDGET. the Board shall submit to the Commission not less than two months prior to the budget meeting held in accordance with subsection two of section sixty-two of this Act full and complete information showin"g the manner in which it is proposed to vary the charges and the reasons therefor. Such varied charges, if approved by the Commission, shall be included in the budget prepared in accordance with subsection one of section sixty-two of this Act. (2.) Subject to *" The Electric Light and Power Acts, 1896 to 1945," and t" The State Electricity Commission Acts, 1937 to 1945," nothing in this Act shall prevent the Board from varying the Board's charges at any time other than the time at which the budget is adopted: Provided however that such charges may be varied at such other time only in special circumstances and with the approval of the Commission. 65. Separate budgets shall be framed for each ~ e~ ar~ ~ fund for which the regulations· made under section e: c:~ un~~ fifty-two of this Act prescribe a separate budget. 66. The Board shall establish to the best of its Matters to abI· lit y that proper provI.sI.On has been made · III the fboer pinrovided budgets prepared for all expenditure which it is budgets. anticipated will be paid during the current financial year including payments for assets, and for and in respect of matters required by any requirement, rule or regulation made under section fifty-two of this Act to be provided for. The estimate of receipts and disbursements shall be set out as nearly as may be separately in accordance with the several sources of receipts and disbursements and as nearly as may be in accordance with each particular function and where receipts and disbursements are for corresponding functions such receipts and disbursements shall be set out opposite each other in the budget. 67. Subje ct to this Act budgets shall show the Information following information, that is to say- ~ : : n in (a) Particulars of each item; budgets. (b) Estimates adopted for the previous year; (c) Actual receipts and disbursements for the previous year; and (d) Estimates of receipts and disbursements for the current year. * 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq.

166 PART VIII.- BUDGII'I'. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16, Budgets to be observed 68. (1.) Subject to section seventy of this Act, the Board shall observe the budgets and if at the end of any year there is a surplus or deficit, the surplus shall be transferred to the prescribed fund and the deficit shall he carried forward or shall be met from the pre- scribed fund or may with the approval of the Auditor- General and the Commission be funded over a specified period. (2.) For the purpose of funding any deficit the Governor in Council may authorise the Regional Board to borrow money from the Treasurer in the manner prescribed by section fifty-fonr of this Act. (3.) At the close of each year all authorisations of expenditure and votes of money therefor shall lapse. Any vote so lapsing may be revoted. (4.) Any ordinary disbursement of the Board in the current year prior to the adoption of the budget is authorised and shall be included in the budget for that year. D~ te before 69. The budget shall be adopted by the Board not ; : J~ ~ t 1;0 be lateF than the thirtieth day of September in each year; adopted. provided however that the Minister on the recommenda- tion of the Commission may grant the Board an extension of time for this purpose if for any reason outside the control of the Board or the Commission such extension 18 necessary. Liability of 70. If the Board makes any disbursement in any ; em~ e~ s of year from any fund which has not been provided for in ~ :~ th~:ised the budget relating to such fund for such year except in expenditure. emergent or extraordinary circumstances, or except where the Minister, on the recommendation of the Commission, certifies that such expenditure was necessary to carry out the provisions of this Act, or of *" The Electric Light and Power Acts, 1896 to 1945," or of t" The State Electricity Oommission Acts, 1937 to 1945," all the members of the Board who have knowingly voted for such expenditure shall be jointly and severally liable to repay to the Board the amount involved in such illegal disbursement and any such amount may be recovered from such members or any of them in the manner provided in subsection two of section sixty-one of this Act. * 60 v. No. 24 and amending Acts, v. 3, pp. 306 et 8eg. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp.. 16505 et 8eg.

1945. ELECTRICITY. Regional Electric Authorities Act. 167 PART IX.- AOOOUN'l'S .UID AUDIT. PART IX.-AcCOUNTS AND AUDIT~ 71. (1. ) Every Regional Board shall cause such books Accounts to be provided and kept, and true and regular accounts to and audit. be entered therein in respect of each fund as hereinbefore provided, as shall be prescribed by regulations. (2.) The manager shall at the first ordinary meeting after the close of each month submit to the Regional Board statements of the accounts in relation to the budget for the period of the year ending at the termina- tion of such month. Such statements shall show the estimated receipts and disbursements in and from each fund, and the actual receipts and disbursements in and from such fund for such period, with such explanations as will give a true indication of the progressive state of the votes provided in the budget, and at the six-monthly and nine-monthly periods a statement of the anticipated position at the end of the year. S h a II 7 I a 2 y . b Teh £ oeremthaneaRgeegrI . Oshnaalll B' c o a ~ u r s d eattothebe b up d rgeeptamreedetam . ndg sFtiantaenmceianlt. in each year referred to in subsection two of section sixty-two of this Act annual statements of accounts and such other financial and relevant information as, and in the manner and form, prescribed. 73. The accounts of the Regional Board shall be Audit. audited by the Auditor-General who shall have, with respect to such audit and accounts, all of the powers and authorities conferred on him by *" The Audit Acts, 1874 to 1936" (or any Act amending or substituted for the same). PAR'!' X.- CONTRAOTS PART X.-CONTRACTS AND LEGAL PROCEEDINGS. P: ~J> BIl~: : !~ . 74. (1.) The Board may enter into any contract Contracts. for any of the purposes of this Act or t" The Electric Light and Power Acts, 1896 to 1945," or t" The State Electricity Commission Acts, 1937 to 1945." (2.) Every contract entered into by the Board shall be made, varied or discharged, as follows;- (a) Any contract which if made between private persons would by law be required to be in writing and under seal shall be made by the Board in writing and under its seal and shall be varied or discharged in the same manner; '" 38 V. No. 12 and amending.Acts, v. 1, pp. 161 et seq. t 60 V. No. 24 and amending Acts, v. 3, pp. 306 et seq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et seq.

168 PUT X.- COllTBAOTS A.BD LEGAL PBooBBDIl{a8. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16, (b) Any contract which if made between private persons would by law be required to be in writing signed by the parties to be charged therewith shall be made in writing signed by .the manager and shall be varied or discharged in the same manner; (c) Any contract which if made between private persons would by law be valid although not reduced into writing may be made without writing by the manager and may be varied or discharged in the same manner. (3.) All contracts made according to the provisions herein contained shall be' effectual in law and shall be binding on the Board and all other parties thereto, their successors, executors or administrators as the case may be; and in the case of default in the execution of any such contract either by the Board or by any other party thereto such actions may be maintained thereon and such damages and costs recovered by or against the Board or the other parties failing in the execution thereof as :Q1ight have been maintained and recovered if the same contract had been made between private persons only. (4.) The Board may, with the approval of the Governor in Council and with such limitations and Wlder such conditions as the Governor in Council may impose, agree to pay by instalments extending over a period of years for any purchase lawfully made excepting the purchase of land or for the performance of any work which it might lawfully undertake. (5.) The Board may enter into a contract of sale with any person whereby the payment for any work, plant, goods, material or other property or land by such person is spread over a period of time whereby such payment may be made by way of instalments (which may bear interest) and notwithstanding that the property in such work, plant, goods, material, or other property or land shall at the date of the contract of sale or any subsequent date pass to such person. (6.) The Board may for such sum of money or other consideration as it thinks fit, compound with any person who has entered into any contract with the Board or by or against whom any action or other proceeding may be or has been brought against or by the Board for any cause whatsoever.

ELECTRICITY. 169 PAllT X.- 1945. Regional Electric Authorities Act. ~ : ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PBOOBBDDlGS. (7.) Except in cases of emergency and with the approval of the Commission before any contract other than a contract for the execution of any work or the furnishing of any goods or material to the amount of one hundred pounds or less is entered into by the Board the Board shall, three weeks at least before entering into such contract, notify its intention to make and invite tenders for such contract by public notice published in such newspaper or newspapers and in such other manner and to such extent as will ensure that the Board will receive the greatest number of tenders. (8.) Subject to this Act, *" The Electric Light and Power Acts, 1896 to 1945," and t" The State Electricity Commission Acts, 1937 to 1945," and the requirements of the Treasurer, the Board may accept the tender which on a view of all the circumstances appears to it to be the most advantageous, and shall take security for the due performance of every such contract or the Board may decline to accept any such proposal. 75. (1.) Every notice, order, process, summons Legal or other document under this Act which requires prooeedings. authentication by the Regional Board may be sufficiently authenticated without the seal of the Regional Board if signed by the chairman or manager or other authorised officer delivering or transmitting the same. (2.) Any notice, order, process, summons, or other document may be served on a Regional Board- (a) By delivering the same to the manager; or (b) By forwarding the same by post addressed to the manager. (3.) (i.) Any notice, order, process, summons, or other document under or for any of the purposes of this Act required or authorised to be given or served to or upon any person may be served- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode; or • 60 V. No. 24 and amending Acts, v. 3, pp. 306 et 8eq. t 1 G. 6 No. 26 and amending Acts, 1937 Sess. v., pp. 16505 et 8eq

170 PARr X.- COIl'lRA.OTll AND LBGAL PROOEBDINGS. ELECTRICITY. Regional Electric Authorities Act. 9 GEO. VI. No. 16, (d) In the case of a summons (but without excluding the operation of the foregoing provisions), by forwarding the same by post in a registered letter addressed to such person at his usual or last known place of abode- and in such case the production of a receipt purporting to be the registered receipt for such letter, together with oral testimony by the manager or other officer of the Regional Board authorised by it in that behalf as to the contents of such letter, shall be sufficient proof of service of the summons. (ii.) Any such document, if addressed to the owner or occupier of premises, may be given or served by delivering the same, or a true copy thereof, to some person on the premises or, if there is no person on the premises who can be so served, by fixing the same on some con- spicuous part of the premises. (iii.) Any such document may be given or served to or upon any person whose name or address is unknown by publishing it once in the Gazette and in some news- paper. (iv.) If the Regional Board is unaware whether or not the registered proprietor of land is living or dead, any such document required to be given or served to or upon the registered proprietor of such land shall be deemed to have been properly given or served for all purposes of this Act if addressed to such registered proprietor and given or served in the same manner as is prescribed in paragraph (iii.) of this subsection in the case of a person whose name or address is unknown. (v.) Any such document forwarded by post shall be deemed to have been served at the last moment of the day on which the same ought to be delivered at its destination in the ordinary course of post, and in proving service it shall be sufficient to prove that the same was properly stamped and addressed and put into the post. (4.) The provisions of subsections two and three of this section shall be read and construed as being in aid of other provisions of this Act prescribing the manner of service of a particular notice, order, process, summons, or other document under or for the purposes of this Act and to the intent that where any such particular notice,

ELECTRICITY. 171 PAllT X.- 1945. Regional Electric Anthm'ities Act. CONTRACTS AND LlIGAL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROClJlEDINOS. order, process, summons, or other document cannot be served in the manner provided by such other provision then the same may be served in any manner provided by the said subsections two and three which is applicable in the circumstances. (5.) When any day, or when the last of several days, provided or appointed by or in pursuance of this Act for any purpose in any year happens on a Sunday, or a day which is a public holiday throughout Queensland, or in the Region, then such provision and appointment shall take effect as for the next following day which is not a Sunday or a public holiday. 76. (1.) The Regional Board may appear beforeApp6lVance any court or in any legal proceedings by its manager or ~ gional by any officer authorised generally or in respect of any Board. special proceeding by writing under the seal of the Board; and the manager or any officer so authorised may institute and carry on any proceeding which the Regional Board is authorised to institute and carry on under this Act. (2.) The manager or officer authorised as last aforesaid shall be reimbursed out of the prescribed fund all damages, costs, charges, and expenses to which he may be put or with which he may become chargeable~ (3.) The manager may, in all proceedings under or for the purpoRe of procuring any adjudication of bankruptcy against any person against whom the Regional Board has any claim or demand represent the Regional Board and act on its behalf in all respects as if such claim or demand had been the claim or demand of such manager. (4.) The powers conferred upon the manager by this section shall be in addition to and not in derogation of the powers conferred upon him by section forty-five of this Act. 77. In any case in which the Attorney-General Wh~ might take proceedings on the relation or on behalf of:e~ nal or for the benefit of a Regional Board for or with respect ~ titu: ; ay to enforcing or securing the observance of any provisions proceedings. made by or under this Act or any other Act conferring powers or impoRing duties upon a Regional Board, the Regional Board shall be deemed to represent sufficiently the interests of the public and may take proceedings in its own name.

172 ELECTRICITY. Pur X.- COKTBAIm! AND LBGAL Regu. mal Electric Authorities Act. 9 GEO. VI. No. 16, PROOEEDINGS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ When Regional Board not liable for damages. 78. (1.) No person shall be entitled to recover against a Regional Board any damages in respect of any injury to the person or to property alleged to have been sustained by himself or any other person by reason of the negligence of the Regional Board, unless the following conditions are complied with by him or on his behalf, namely- (a) Notice in writing that injury has been sustained shall be given to the Regional Board within one month, and the action shall be commenced within six months from the date on which the injury was sustained, or, in case of the death of the person injured within twelve months from the date of death; (b) In the case of injury to the person, the medical officer of the Regional Board (which officer it is empowered to appoint at such remunera- tion as it thinks fit), shall on the demand of the Regional Board be permitted to examine the person injured, and all facilities and information shall be given to him necessary to enable him to fully ascertain the nature and extent of the injury, but the injured person shall be entitled to have such examination made in the presence of his own medical practitioner; (c) In the case of injury to property, an officer of the Regional Board shall on demand of the Regional Board, be permitted to inspect the property injured, and all facilities and information shall be given to him necessary to enable him to fully ascertain the value of the property injured, the nature and extent of the injury, and the amount of money, if any, expended in repairing the same. Non-compliance with all or any of the conditions herein imposed shall be no bar to the maintenance of an action if the justice who tries the action is of opinion that there was reasonable excuse for such non- compliance. (2.) A notice under this section shall give the name and address of the person injured or of the owner of the property injured, and shall state in ordinary language the cause of the injury and the date and place at which it was sustained.

1945. ELECTRICITY. Regional E~ectric Authorities Act. 173 PART X.- CONTRACTS AND LEGAL PROCEEDINGS. Such notice shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the justice who tries the action brought in respect of the injury mentioned in the notice is of opinion that the Regional Board is prejudiced in its defence by such defect or inaccuracy, and that the defect or inaccuracy was intentional and for the purpose of misleading. 79. An action other than action for damages No~ ice of under sectio . n seventy . -eight of this Act shall not be aagcatll? llnst brought agamst a RegIOnal Board or any member thereof, Regional or any officer of a Regional Board or person acting in his Board. aid, for anything done or intended or omitted to be done under this Act until the expiration of one month after notice in writing has been served on such Regional Board, member, officer, or person clearly stating the cause of action, and the name and place of abode of the intended plaintiff and of his solicitor or agent. On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved the court shall find for the defendant. Every such action shall be commenced within twelve months next after the accruing of the cause of action, and not afterwards. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agents at any time within one month after service of the notice and, in case the same is not accepted, may plead such tender. 80. No matter or thing done and no contract Indemnity entered into by a Regional Board, and no matter or thing to :embers done by any officer or other person acting under the ~~ cers. direction of a Regional Board shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act, or any function, power, authority or duty of the Regional Board under this Act or any other Act, subject any member of such Regional Board or any such officer or person to any personal liability in respect thereof; any expense incurred by any member, officer, or other person acting as last aforesaid shall be deemed to be an expense authorised by this Act.

174 ELECTRICITY. PART X.- CONTRACTS AND LEGAL Regirmal Electric Authorities Act. PROCEEDINGS. _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 9 GEO. VI. No. 16. Nothing in this section shall be construed to relieve any member of a Regional Board from any personal liability incurred by him under section sixty- one or section seventy of this Act. Recovery of SI. (1.) Except as in this Act is expressly provided, penalties. any penalty or other moneys payable in respect of any offence against this Act may be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1942." , Any such proceedings may be instituted within six months after the offence is committed or within six months after the discovery of the offence by the complainant whichever is the later period: Provided that no such proceedings shall be instituted in respect of an offence which may form the subject- matter of an inquiry by a judge of the Supreme Court under and in pursuance of this Act at any time after the Regional Board has by plaint instituted such inquiry. (2.) Except as in this Act is expressly provided, or unlcsR with the consent in writing of the Minister, proceediEgs for the recovery of any penalty or other moneys payable in respect of any offence against this Act shall be had and taken only by a party aggrieved, or by or on behalf of the Regional Board of the Region in which the offence iB committed. (3.) Except when it is by this Act provided to the contrary, all penalties or other moneys recovered for offences against this Act committed in or in any way in respect of the Region shall be paid to the Regional Board. (4.) Every person guilty of an offence against this Act shall be liable, if no other penalty is imposed, to a penalty not exceeding twenty pounds. (5.) The institution of criminal proceedings against, or the conviction of a person for any offence against this Act shall not affect any remedy which any other person aggrieved may be entitled to in any civil proceeding. When 82. Proceedings against several persons included n pr o o t c t e o edings in one information, complaint, or summons shall not abate. abate by reason of the death of any of the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. • 50 V. No. 17 and amending Acts, v. 4, pp. 363 et Beq.

ELECTRJCrfY. 175 PAR'r X.- 1945. Regional Electric Authorities Act. CONTIl.AOTS AND LEGAL ~ ______ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROOEEDINGS. 83. No judge, justice, or judicial officer shall be When judge disqualified or prevented from presiding, sitting, acting, ~ t lift d or adjudicating in any action or proceeding whatsoever forq! ~ r: at. in or to which any Regional Board is a party, or is sought to be made a party, by reason only of his being a consumer of electricity or a person liable to be charged as such consumer within the Region of such Regional Board. 84. (1.) In any proceeding instituted by or on Proof - behalf of or against a Regional Board under this ~~mplainant. Act, it shall not be necessary for the complainant or plaintiff to prove the corporate name of the Regional Board, its constitution, or the limits of its Region, or the limits of any area of supply; but this subsection shall not prejudice the right of any defendant to prove such constitution or limits. (2.) In any proceeding for an offence against this Act, the due appointment of all officers of the Regional Board, and the authority of any officer to do any act or to institute such proceedings, shall be presumed until the contrary is proved. (3.) The production of a copy of the Gazette containing a notification of the approval or adoption of any by-law shall be sufficient evidence of the due making or adoption of such by-law and of the contents thereof and of the power and authority to make or adopt same. ant 85. (1.) Every entry in any book kept by the Proof of secretary purporting to be an entry relating to the ~ ooks proceedings of a Regional Board, and to be signed by the ocumen s. chairman, or a certified copy of or an extract from any such entry sealed with the seal of the Regional Board and signed by the chairman and manager, shall, upon the production thereof alone, be received in any court as evidence of the proceedings appearing by such entry to have been taken, without proof of any meeting to which the same may refer having been duly convened or held, or of the persons attending any such meeting having been or being members of the Regional Board, respectively, or of the signatures of the chairman or manager, or of the fact of their having been chairman or manager, respectively; and all such matters shall be presumed until the contrary is proved.

176 ELECTRICITY. PAR'!' X.- ~ : rNgI~ Regional Electric Authorities Act. 9 GEO. VI. No. 16, 1945. PROOEEDINGS. _ _ __ (2.) A minute made and authenticated in the prescribed manner of the appointment of any person as acting chairman shall, as regards all persons having any business with the Hegional Board, and acting in good faith, be deemed conclusive evidence of the validity of the appointment of such person as acting chairman, and of his continued authority to act as such, and shall relieve all persons having business as atoresaid from the necessity of making any inquiTies in the matter. (3.) All documents whatever purporting to be issued or written by or under the direction of the Hegional Board or the chairman, and purporting to be signed by the chairman, manager, or other authorised officer, shall be received in evidence in all courts, and shall be deemed to be issued or written by or under the direction of the Hegional Board until the contrary is proved. The expression "document" includes all orders, directions, and notices. poVrfaoHlciedeegitdiyoinnogafsl any p 8 e 6 r . soNn oacptirnogceaesdcinhgasirmofanthoer mHeemgbioenraol f BthoeaHrdegoior noalf Board. Board shall be invalidated by reason of any defect in the appomtment or nomination or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedings. FACTORIES AND SHOPS. See LABOUR. FINANCIAL AGREEMENT VARIATION. See COMMONWEALTH AND STATES. FINANCIAL ARRANGEMENTS AND DEVELOPMENT AID. See BANKING. FORCES-MEMBERS OF FIGHTING- PREFERENCE IN EMPLOYMENT. See LABOUR. FRUIT MARKETING ORGANISATION See BANKING.