Sewerage and Water Supply Act Amendment Act 1978 (Qld)

364 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1978 An Act to amend the Sewerage and WaterSupplyAct1949 -1974 in certain particulars [ASSENTED TO 12TH 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 Sewerage and Water Supply Act Amendment Act 1978. (2) In this Act the Sewerage and Water Supply Act1949-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Sewerage and Water Supply Act1949-1978. 2. Commencement . This Act shall commence on a date to be fixed by Proclamation. 3. Amendment of s. 7. Section 7 of the Principal Act is amended by omitting from subsection (5) the word " four " and substituting the word " three ". 4. Amendment of s. 10 . Section 10 of the Principal Act is amended by omitting the words " ( 1) Licenses without examination - Plumber's License " and substituting the words " Licences without examination. ( 1) Plumber ' s Licence ".

Sewerage and Water Supply Act Amendment Act 1978, No. 48 365 5. Amendment of s. 11 . Section 11 of the Principal Act is amended by omitting the words " ( 1) Licenses with - examination-Plumber's License " and substituting the words " Licences with examination. (1) Plumber ' s Licence ". 6. Amendment of s. 15 . Section 15 of the Principal Act is amended by omitting the words " ( 1) Scope of licenses - Plumber ' s License " and substituting the words " Scope of licences . ( 1) Plumber ' s Licence ". 7. Amendment of s. 18 . Section 18 of the Principal Act is amended by inserting after subsection (3) the following subsections:- " (4) (a) If water supplied by a Local Authority is used by any person in contravention of any limitation, restriction or prohibition imposed pursuant to By-law 5 of the Standard Water Supply By-laws, the Local Authority may, upon ascertaining the offender's full name and usual place of residence, give him a notice in the prescribed form. (b) The notice- (i) shall be identified by a serial number; (ii) shall identify the person to whom it is given by his full name and usual place of residence; (iii) shall state in general terms the offence which the person has committed; (iv) shall inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a prescribed sum by way of penalty to the Clerk of the Local Authority within the time appointed in the notice (which shall be not less than ten days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (v) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (iv) and to allow the matter to be determined in a court hearing- (A) if he desires to contest the question whether the offence alleged was in fact committed; or (B) if he wishes to submit to the court matters in extenuation of penalty; or (C) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course. (c) Where a person to whom a notice is given pursuant to paragraph (a) proceeds in the manner described in sub-paragraph (iv) of paragraph (b) within the time appointed in the notice a proceeding against him by way of prosecution for the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given.

366 Sewerage and Water Supply Act Amendment Act 1978, No. 48 (d) A notice which a Local Authority may give pursuant to paragraph (a) may be given without the seal of the Local Authority and shall be signed by the Chairman or Clerk or other duly authorized officer of the Local Authority. (5) Subject to this Act, the provisions of section 52 of the Local Government Act 1936-1977 regarding the giving or service of notices by a Local Authority under that Act shall apply to the giving or service of notices under this Act by a Local Authority within the meaning of this Act.". 8. Amendment of s. 19 . Section 19 of the Principal Act is amended by inserting in subsection (2) after paragraph (ix) the following paragraph:- " (ixa) Prescribing the sum of money which may be paid as provided under section 18 (4) by way of penalty for a contravention of any limitation, restriction or prohibition imposed pursuant to By-law 5 of the Standard Water Supply By-laws; ". 9. Correction of reference 11 license ". The Principal Act is amended by omitting the word " license " and the word " licenses " wherever either word is used as a noun and substituting-in each case the word " licence " or the word " licences " as the case may require.