Roads (Contribution to Maintenance) Act Amendment Act 1978 (Qld)

333 C uEEIIziaktbf ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1978 An Act to amend the Roads ( Contribution to Maintenance) Act 1957-1972 in certain particulars [ ASSENTED TO 8TH JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Roads (Contribution to Maintenance) Act Amendment Act 1978. (2) In this Act the Roads (Contribution to Maintenance) Act 1957-1972 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Roads (Contribution to Maintenance) Act 1957-1978. 2. Heading Part I . The Principal Act is amended by inserting before section 1, as a heading, the words " PART I-PRELIMINARY ".

334 Roads (Contribution to Maintenance) Act Amendment Act 1978, No. 41 3. New s. IA. The Principal Act is amended by inserting after section 1 the following section:- " IA. Arrangement of Act . This, Act is arranged in Parts and Schedules as follows:- PART I-PRELIMINARY (SS. 1-2); PART 11-CONTRIBUTION TO MAINTENANCE (ss. 3-10); PART III-RECIPROCAL ENFORCEMENT AGAINST DIRECTORS OF BODIES CORPORATE (SS. 11-15); FIRST SCHEDULE; SECOND SCHEDULE; THIRD SCHEDULE; FOURTH SCHEDULE.". 4. Heading Part II . The Principal Act is amended by inserting before section 3, as a heading, the words " PART II-CONTRIBUTION TO MAINTENANCE ". 5. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- " 8A. Liability for offence by corporations . (1) Where a body corporate offends against this Act each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished, namely- (a) the managing director, manager or other governing officer of the body corporate by whatever name called and every member of the governing body of the body corporate by whatever name called; and (b) every person who in Queensland manages or acts or takes part in the management, administration or government of the business in Queensland of the body corporate. (2) Subsection (1) applies so as not to limit or affect the liability of the body corporate concerned to be proceeded against and punished for an offence against this Act committed by it.". 6. Amendment of s. 9 . Section 9 of the Principal Act is amended by inserting after the first paragraph the following paragraph:- " Where by reason that an amount of any charge payable under this Act by a body corporate has not been paid a person other than the body corporate is deemed to have committed an offence against this Act the amount of the charge unpaid shall be deemed to be a debt due to the Commissioner by such person and, where there is more than one such person, due by such persons jointly and severally, which may be sued for or recovered in a manner prescribed by the preceding paragraph.".

Roads ( Contribution to Maintenance ) Act Amendment Act 1978, No. 41 335 7. New Part III. The Principal Act is amended by inserting after section 10 the following heading and sections:- "PART III-RECIPROCAL ENFORCEMENT AGAINST DIRECTORS OF BODIES CORPORATE 11. Interpretation . In this Part, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "director "-In relation to a body corporate, includes each person occupying the position of director of the body corporate by whatever name called and includes a person in accordance with those directions or instructions the directors of the body corporate are accustomed to act; " fine "-Includes a pecuniary penalty, pecuniary forfeiture, pecuniary compensation and fees, charges and costs payable under a conviction or order of a court in the exercise of summary jurisdiction; " reciprocating court "-A court of a reciprocating State or Territory declared under section 12 to be a reciprocating court; " reciprocating State or Territory "-A State or Territory of the Commonwealth declared under section 12 to be a reciprocating State or a reciprocating Territory, as the case may be. 12. Declaration of reciprocating States and Territories and reciprocating courts. (1) The Governor may, by Proclamation- (a) declare a State or Territory of the Commonwealth, being a State or Territory having provisions of law corresponding to the provisions of this Part, to be a reciprocating State or Territory for the purposes of this Part; and (b) declare a court having summary jurisdiction in a reciprocating State or Territory to be a reciprocating court for the purposes of this Part. (2) For the purposes of subsection (1), a court may be declared singly or in conjunction with another or others by such description or class and by means of such reference as the Governor thinks fit. 13. Enforcement of interstate fines against directors. (1) Where under a conviction or order of a reciprocating court made in exercise of its summary jurisdiction a fine is payable by a body corporate in respect of a matter under a law specified in the Fourth Schedule and it appears that one or more directors of the body corporate is or are normally resident, permanently or temporarily, in Queensland or is or are in Queensland, and the clerk of the

336 Roads (Contribution to Maintenance ) Act Amendment Act 1978, No. 41 Magistrates Court at Brisbane receives a request in writing from the clerk or other corresponding officer of the reciprocating court for the enforcement of the conviction or order accompanied by- (a) a certified copy of the conviction or order; (b) a certificate purporting to be under the hand of the clerk or other corresponding officer making the request certifying the amount of the fine outstanding under the conviction or order; and (c) a certificate purporting to be signed by the Commissioner for Corporate Affairs within the meaning of the Companies Act 1961-1975 or by the officer holding the corresponding office for the purposes of any corresponding Act or Ordinance for the time being in force in any State or Territory of the Commonwealth stating that it appears from any return or returns lodged with him pursuant to the relevant law relating to companies that a person named in the certificate was a director of a body corporate specified therein on a date or during a period on or during which the offence or default to which the conviction or order relates occurred, he shall register the conviction or order in the Magistrates Court of which he is the clerk by filing in that court the certified copy of the conviction or order and shall note the date of registration on such copy. (2) Upon the registration of a conviction or order under subsection (1)- (a) the conviction or order shall for the purposes of this Part be deemed to be a conviction or order, duly made, of the Magistrates Court in which it is filed requiring payment by such director or directors as mentioned in subsection (1) of the amount of the fine certified in the certificate referred to in subsection (1) as outstanding; (b) the clerk of the Magistrates Court in which it is filed shall issue a warrant of execution for the purpose of recovery of the amount of the fine required to be paid by execution against the goods and chattels of the director referred to in subsection (1) or of one or more of the directors referred to in that subsection; and (c) the warrant so issued shall be deemed to be a warrant of execution issued by a justice under the JusticesAct1886-1977 and the provisions of that Act shall with all necessary adaptations apply and extend accordingly with respect to the enforcement of the warrant and with respect to the commitment to gaol of such director or directors if the warrant is returned unsatisfied. (3) Where subsequent to the request for the enforcement of the conviction or order and before the warrant has been executed the clerk of the Magistrates Court receives a notification from the clerk or other corresponding officer of the reciprocating court

Roads ( Contribution to Maintenance ) Act Amendment Act 1978, No. 41 337 of payment by or on behalf of the body corporate or by a director of the body corporate of an amount in satisfaction, in whole or in part, of the amount of the fine outstanding he shall- (a) note the particulars of such payment on the certified copy of the conviction or order filed in the Magistrates Court; and (b) arrange for the return of the warrant issued under subsection (2), and (i) withdraw it if the amount of the fine has been paid in full; or (ii) if part of the amount of the fine remains outstanding amend the amount stated in the warrant to show the amount of the fine still outstanding. Where the course provided for in paragraph (b) (ii) has been adopted the warrant may be enforced thereafter in respect of the amount of the fine as so amended. 14. Extent of liability under s. 13. Where pursuant to section 13 more than one person is obliged to pay a fine- (a) such persons shall be jointly and severally liable to pay the fine; and (b) the obligations of such persons shall be deemed to have been discharged if the obligation is performed by any one of such persons. 15. Disposal of moneys received . (1) A sum of money paid to or received by the clerk of the Magistrates Court in satisfaction in whole or in part of a fine payable under a conviction or order enforced under section 13 shall be remitted forthwith to the clerk or other corresponding officer of the reciprocating court by which the conviction or order was made. (2) A sum of money paid to or received by a clerk of the Magistrates Court in Queensland from a reciprocating court in satisfaction in whole or in part of a fine payable under a conviction or order of a Magistrates Court enforced by the reciprocating court shall be paid to or received by and applied by the clerk of the Magistrates Court as if the sum had been paid to him by the body corporate by which the fine was payable in satisfaction in whole or part of the fine.". 8. New Fourth Schedule. The Principal Act is amended by adding after the Third Schedule the following heading and schedule:- " FOURTH SCHEDULE Road Maintenance (Contribution) Act 1958, as amended or as re-enacted with or without amendment from time to time, of New South Wales. Commercial Goods Vehicles Act 1958, as amended or as re-enacted with or without amendment from time to time, of Victoria.

338 Roads ( Contribution to Maintenance ) Act Amendment Act 1978, No. 41 RoadMaintenance (Contribution)Act1963, as amended or as re-enacted with or without amendment from time to time, of South Australia. Road Maintenance (Contribution) Act1965, as amended or as re-enacted with or without amendment from time to time, of Western Australia.".