Southern Electric Authority of Queensland Act of 1952 (1 Eliz II No. 50) (Qld)

74 ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, ELECTRICITY. 1 ^ iz 5 oil An Act to constitute the Southern Electric Authority S outhern E lectric A uthority of Queensland, and for other purposes. . Ax qubensiand A ct of 1952. [A ssented to 18 th D ecember , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I — P reliminary -. PART I.---PRELIMINARY. Short title. This Act may be cited as “ The Southern Electric Authority of Queensland Act of 1952.” 2. This Act is divided into Parts as follows :— P art I. —P reliminary ; P art II. —C onstitution of the A uthority ; P art III. —A cquisition by A uthority of E lectric A uthorities ; Division I.—Acquisition by Agreement; Division II.—City Electric Light Company Limited ; Division III.—Electric Authorities other than Local Authorities; Division IV.—Local Authorities ; P art IV. —F inance and A ccounts ; Division I.—Accounts and Audit; Division II.—Interest During Construction ; Division III.—Loans and Deposits ; Division IV.—Variable Interest Stock ; Division V.—Secured Debentures and Stock ; Division VI.—Budget ; P art V. —P owers and D uties of the A uthority ; P art VI. —O ffences and L egal P roceedings ; P art VII. —M iscellaneous .

ELECTRICITY. 1952. Southern Electric Authority of Queensland Act. 75 P art I.—- P reliminary . 3. In this Act unless the context otherwise indicates interpreta- or requires, the following terms shall have the meanings definitions, set against them respectively, that is to say :— “ The Agreement ” means the agreement between Agreement, the State of Queensland and the Authority a copy of which is set out in the Second Schedule to this Act; ■ “ Area of supply ” means the area in which the Area of Authority is for the time being authorisedsupply- to supply electricity; “Authority” means The Southern Electric Authority. Authority of Queensland established, constituted and incorporated by and under this Act; “ By-laws ” means by-laws made by the Authority By-laws, under the authority of this Act; “Commission” means The State Electricity Commission. Commission of Queensland constituted under *“ The State Electricity Commission Acts , 1937 to 1952 ” ; “ Commissioner ” means the Commissioner for Com- Electricity Supply under *uThe State Electricitymi8Sloner' Commission Acts , 1937 to 1952 ” ; “ The Company ” means City Electric Light Company. Company Limited ; “ Construct ” includes erect, lay down and place ; Construct. “ Document ” includes summons, notice, order Document, and other legal process, minutes and registers; > “ Electricity ” means and includes electric current, Electricity, electrical energy or any like agency ; “ Electric authority ” means an electric authority Electric under and within the meaning of f“ The authonty- Electric Light and Power Acts, 1896 to 1946 ” ; “ Electric line ” means and includes a wire or Electric wires, conductor, or other means, used forlme- the purpose of conveying, transmitting, transforming or distributing electricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket or insulator * 1 G. 6 No. 26 and amending Acts, t 60 V. No. 24 and amending Acts.

76 ELECTRICITY. P art I.— P reliminary . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Meter. Minister. Officer. Person. Premises. Prescribed. Public body. Region. Regional Board. Regulations. Road. enclosing, surrounding or supporting the same or any part thereof or any apparatus connected therewith for the purpose of conveying, transmitting, transforming or distributing electricity; “ Meter ” includes every kind of machine used ■ for measuring electricity ; “ Minister ” means the Secretary for Mines and Immigration or other Minister of the Crown for the time being administering this Act; “ Officer ” includes a member, Manager or Secretary ; “ Person ” includes any body or association or persons corporate or incorporate and any Local Authority (including Brisbane City Council) and any Friendly Society; “ Premises ” means any building, structure, land and adjuncts thereto which are rented, leased or owned by the person or persons concerned ; “ Prescribed ” means prescribed by this Act; “ Public body ” means and includes the Crown, the Governor in Council, any Minister of the Crown, any Local Authority including Brisbane City Council and any Joint Local Authority and any body, board, authority or corporation (including a corporation sole) constituted or incorporated by or under any Statute and authorised by Statute to carry on a public undertaking ; “ Region ” means a region of electricity supply constituted under *“ The Regional Electric Authorities Acts, 1945 to 1952 ” ; “ Regional Board ” means a Regional Board constituted under *“ The Regional Electric Authorities Acts, 1945 to 1952,” in respect of any region ; “ Regulations ” means regulations made under this Act; “ Road ” means and includes any road, street, square, court, alley, highway, thoroughfare, lane, footpath, public passage or place which the public are entitled to use, and any wharf, * 9 G. 6 No. 16 and amending Acts.

ELECTRICITY. 1952. Southern Electric Authority of Queensland Act. 77 P ast i .— P reliminary . jetty, bridge, park or reserve which is under the control of a public authority or a Local Authority ; “ The Rules ” means the rules set out in the first Rules. Schedule to this Act and any rules or regulations made pursuant to such rules ; “ Statutory corporation ” means any corporation, statutory company or person exercising statutory corporation, powers over any road or owning or operating any railway, tramway or canal under any statutory powers ; “This Act” — The term includes the Agreement This Act. and %11 Proclamations, Orders in Council, regulations and by-laws under this Act and for the time being in force ; “ Undertaking ” includes the works, lands, under­ property and operations incidental to the taldn«- carrying out of the business of the Authority. The term does not include the undertaking of Queensland Industries Pty. Limited or of any subsidiary thereof; “ Variable interest stock ” or “ V. I. stock ” Variable means unsecured stock bearing a variable ^ock.St rate of interest which the Authority is authorised under this Act to issue ; “ Works ” means and includes electric lines and Works, also any buildings, structures, machinery, engines, meters, lamps, transformers, plant and equipment (fixed or mobile) sub-stations, street boxes, cables, materials, conveniences, appurtenances, apparatus, works, matters and things of every description whether for or in connection with the generation, transmission, distribution or supply of electricity or otherwise forming part of the undertaking of the Authority; “ Year ” means the period of time from and Year, including the first day of July in any calendar year to and including the thirtieth day of June in the next succeeding calendar year. When one word or phrase includes another the derivatives of the one include those of the other. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.

78 ELECTRICITY. P art I.— P reliminary . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Administra­ tion of Act. 4. Subject to the Minister the Commission shall administer this Act. P art II.— C onstitution of THE A uthority . P art II.—C onstitution of the A uthority . Establish­ ment of Authority. 5. A public authority of the State of Queensland to be known as “ The Southern Electric Authority of Queensland ” (being an Electricity Board) with the constitution and rules set out in the First Schedule to this Act is. hereby established constituted and incorporated. Authority 6 . ( 1 .) The Authority shall be a body corporate tcoorbpeoration. under the name and style “ The Southern Electric Authority of Queensland ” and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued and of taking, purchasing, holding, alienating, having and otherwise dealing with real and personal, movable and immovable property within and outside the State of Queensland and of doing and suffering all such other acts and things as corporate bodies may by law do and suffer. ( 2 .) All Courts, Judges, justices and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document, notice or other writing and until the contrary is proved, shall presume that it was duly affixed. (3.) The Authority shall not be deemed to represent the Crown. (4). No member or officer or servant of the Authority shall as such be deemed to be a member of the Public Service of the State of Queensland or an employee of the Crown. AMuetmhboerritsyo. f be :— 7. (1). The first members of the Authority shall Edward Satchwell Cornwall Harold Henry Corser Joseph Harold Hoare James Harvy Holmes Guy Gilroy L’Estrange, and Harold Neil Smith and the Authority shall be constituted by them until the Governor in Council, in pursuance of the Agreement, appoints a second additional member, whereupon and

ELECTRICITY. 79 1952. Southern Electric Authority of Queensland Act. P art II.— C onstitution of THE A uthority . whereafter the abovenamed persons and that appointee shall constitute the Authority until the membership thereof is changed under or in pursuance of this Act. ( 2 .) The members of the Authority shall retire and be removed from office and be appointed in the manner provided by the Agreement and the Rules. 8 . ( 1 .) The Minister is hereby authorised to make, Agreement for and on behalf of the State of Queensland, with the Minister and Authority the Agreement a copy of which is set out in the Authority. Second Schedule to this Act. (2.) Notification of the making of the Agreement ^°c^a' shall be given by the Governor in Council by Proclamation proclaimed published in the Gazette and by such Proclamation the day- Governor in Council shall fix a day to be the proclaimed day for the purposes of this Act. (3.) Upon the making of the Agreement and the Agreement publication of such Proclamation in the Gazette the f°rceTf law. provisions of the Agreement shall have the force of law as though the Agreement was an enactment of this Act and the Authority shall be an Electricity Board and be exclusively authorised to supply electricity within the area of supply. (4.) The Agreement may be altered or varied from Alteration time to time pursuant to an agreement made between Agreement, the Minister, for and on behalf of the State of Queensland and the Authority and approved by the Governor in Council by Proclamation published in the Gazette and no provision of the Agreement shall be altered or varied or the powers or rights of the Authority under the Agreement derogated from except in such manner. Any alteration or variation of the Agreement not made and approved in such manner shall be void and of no legal effect whatsoever. (5.) Unless and until the Legislative Assembly Amending pursuant to section seventy-nine of this Act disallows toShave6nt by resolution a Proclamation approving an alteration orforce of law- variation of the Agreement made in the above manner the provisions of the Agreement making such alteration shall have the force of law as though such lastmentioned Agreement were an enactment of this Act. 9 . ( 1 .) The Governor in Council may from time to ®iou time by Order in Council extend the area of supply of supply, defined in the Agreement to include any other area.

80 P art II.— C onstitution of THE A uthority . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, ( 2 .) The Governor in Council may from time to time by Order in Council alter the area of supply in the manner provided by the Agreement. P art III.— A cquisition A uthbyority P art III.—A cquisition by A uthority of E lectric of E lectric A uthorities . A uthorities . Division I .— Acquisition by Agreement. Division I.—Acquisition by Agreement. 10. The Authority may, with the approval in Under­ writing of the Commission, acquire by agreement the tbaekaincqgsuirmeday undertaking or part of the undertaking of any electric by authority. Upon the making of such agreement, the agreement. Governor in Council may by Order in Council extend the area of supply of the Authority to include the area or part of the area of such electric authority. Division II .— LCigihtyt ECloemctpraicny Division II.—City Electric Light Company Limited. Limited. Under­ 11 . The Company, after the making of the taking of Proclamation pursuant to section eight of this Act and Couotmsipdaeny not later than the proclaimed day, shall assign and Queensland. transfer, as from and including the first day of February, one thousand nine hundred and fifty-three,’ to the Authority, or, if so directed, by the Authority, to such other corporation or body as the Authority shall establish or set up for the purpose, the undertaking and assets of the Company outside the State of Queensland and do all such things and execute all such documents as are required to perfect and complete such assignment and transfer and the Directors of the Company are hereby empowered so to do. Company to be dissolved : Authority to be successor of Company. 12. On the proclaimed day— (a) The Company shall cease to be an electric authority ; (b) The Agreement made the thirteenth day of July, one thousand nine hundred and thirty- nine, between the Commission and the Company and published by Proclamation in the Gazette on the twenty-fifth day of September, one thousand nine hundred and thirty-nine (as from time to time amended) and all Orders in Council pursuant to the said Agreement shall be cancelled and determined; (c) The Company shall be dissolved ;

ELECTRICITY. 81 P art III — 1952. Southern Electric Authority of Queensland Act. A cquisition by A uthority of E lectric A uthorities . (d) Notwithstanding such dissolution all powers Division II .— of the Company and of the shareholders and LiCghitty ECloemctpriacny the Directors thereof shall and may be Limited. exercised by the Governor in Council or by such person or persons as may be appointed for the purpose by the Governor in Council by Order in Council under the provisions of this Act; and (e) The Authority shall be deemed to be the successor in law of the Company. 13. (1.) Without affecting the generality of this On Act, on the proclaimed day— dly^und^ (a) The undertaking and assets of the Company transferred 6 within the State of Queensland shall beto Authority, transferred to and vested in the Authority as from and including the first day of February, one thousand nine hundred and fifty-three, and all assets and property, real or personal, movable or immovable, and all powers, authorities, amenities, rights, privileges and functions and all liabilities, obligations and duties which immediately before the proclaimed day were vested in, exercisable or owing by or imposed or binding upon the Company by virtue of any Act or otherwise howsoever shall without any transfer, assignment or conveyance or notice other than this Act, be transferred to, vested in, exercisable or owing by, imposed or binding upon, and be executed by the Authority; ( 6 ) All contracts, deeds, bonds, agreements and other instruments legally made or entered into by or on behalf of the Company or binding upon the Company and in force immediately before the proclaimed day, shall be as binding and as of full force and effect in every respect as they would have been in favour of or against the Company and may he enforced as fully and effectually as if the same had been entered into by or on behalf of the Authority;

82 ELECTRICITY. P art III — A cqubiysition Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, A uthority of E lectric A uthorities . (c) All debts due and moneys payable by the Division II .— City Electric Company and all claims liquidated or Light Company Limited. unliquidated recoverable against the Company shall be debts due and moneys payable by and claims recoverable against the Authority ; (d) All moneys and liquidated and unliquidated claims payable to or recoverable by the Company shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Authority ; (e) Any proceeding which immediately before the proclaimed day is pending or existing by or against the Company shall not abate, be discontinued or in any way prejudicially affected, but may be continued, prosecuted or enforced by or against the Authority as it may have been by or against the Company but not further or otherwise; (/) Any reference in any Act or document to the Company shall (unless inconsistent with the context or subject matter) be deemed to be taken to refer to the Authority and every such Act or document shall be read as though the name “ The Southern Electric Authority of Queensland ” appeared therein in place of the name “ City Electric Light Company Limited ” ; (g) All matters and things of a continuing nature lawfully made, done or commenced before the proclaimed day by or on behalf of the Company shall be deemed to have been made, done or commenced by or on behalf of the Authority ; and (h) Every person employed immediately before the proclaimed day by the Company shall be transferred to the employment of the Authority and shall be paid salary or wages at a rate which is payable to him immediately before the proclaimed day by the Company until such salary or wages is or are varied or altered by the Authority or by law and shall have and enjoy the same rights and privileges and conditions of employment as if he had continued to be an employee of the Company.

ELECTRICITY. 83 - 1952. ----------------------------------------------------------------------------------------------------------- P art III.— Southern Electric Authority of Queensland Act. acquisition _____________________________________________ ;_________________________________ ____________ A uthority of E lectric (2.) If the proclaimed day shall be after the first AuTH0KITIES- day of February, one thousand nine hundred and ^ ^ ei U hc fifty-three, then as from and including the first day of UgumManv February, one thousand nine hundred and fifty-three, Retro_ the Company shall be deemed to have carried on itsspective business and undertaking on behalf of the Authority ^mtl0n o£ and shall account and be entitled to be indemnified accordingly and all contracts and obligations entered into by it (including payment of directors fees and auditors fees) are expressly ratified. (3.) The Registrar of Titles shall upon the written application of the Authority register the Authority as° proprietor of estates and interests in lands under *“ The Real Property Acts, 1861 to 1952,” vested in it or to which it is or may be entitled by virtue of this Act and for that purpose may make every entry, cancellation and correction in any Register Book as shall to him appear necessary and proper. ' ( 4 .) The Secretary for Public Lands and the Secretary Secretary for Mines shall respectively upon the written a°rd an 8 application of the Authority register or cadse the Secretary Authority to be registered in respect of the estate ortor mes- interest created under any Act administered by the Secretary for Public Lands or, as the case may be, the Secretary for Mines in any land which is vested in it or to which it is or may be entitled by virtue of this Act and for that purpose may respectively make or cause to be made every entry, cancellation and correction in any register of estates and interests in lands kept in his Department as shall appear necessary and proper. (5.) If the Company on or before the proclaimed Y“ler' day shall have assigned and transferred to the Authority outside or such corporation or body as aforesaid the undertaking Queensland and assets of the Company outside the State 0 fasslgne • Queensland the Governor in Council and such person or persons as may be appointed for the purpose by the Governor in Council by Order in Council may thereafter do all such things and execute all such documents as are required to perfect and complete such assignment and transfer. ( 6 .) If the Company on or before the proclaimed day J£jT^er‘ shall not have assigned and transferred to the Authority outside or such corporation or body as aforesaid the undertaking Queensland and assets of the Company outside the State ofn° assigne * * 25 V. No. 14 and amending Acts.

84 ELECTRICITY. P art III.— A cqubiysition Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, A uthority of E lectric A uthorities . Queensland the provisions of this section shall relate DCivitiysiEonleIctIr . i — c only to so much of the assets and undertaking of the LigLhitmCiotemdp. any Company as are within the State of Queensland. Rights of debenture holders protected. 14. Nothing in this Act shall prejudicially affect any security, rights, powers, authorities and remedies of any holder of a bond, debentures, mortgage, deed or other security given by the Company 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 undertaking and other assets of the Authority and the revenues therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Authority instead of by the Company in priority to any loan raised by the Authority. Rofaptiafiycmateinonts. which15m. aAyll hpearyeamfteenrtsboef ddeicvliadreenddsbaylrtehaedyCdoemclpaarneyd oinr accordance with the provisions of the Agreement made the thirteenth day of July, one thousand nine hundred and thirty-nine, between the Commission and the Company are expressly ratified. iIvnsastreuiraeebsoltef by w1a6y. o( 1f.) coTmhepenhsoaldtieorns foofr sthhaerelsosisn otfhetheCiromsphaanreys, sAtoucthkobriytyt.he itnhethreighCtomtoparencyeivexetiinnguthisehemd aansnearfoarnedsaitdo, tshheallexhtaevnet provided in this section, fully paid variable interest stock of the Authority conferring the rights provided by the Agreement and also the right (by reason of their holding of V. I. stock for the time being) to subscribe and pay for further V. I. stock from time to time as provided by the Agreement. ( 2 .) As soon as possible after the proclaimed day the Authority shall issue to the holders of shares in the Company on the proclaimed day fully paid variable interest stock of the Authority in manner following :— (a) Twenty-four pounds (£24) of variable interest stock for each twenty-three (23) 6 per centum preference shares in the Company ; (b) Twenty-eight pounds (£28) of variable interest stock for each twenty-three (23) 7 per centum preference shares in the Company ;

electricity : 85 PART III.— 1952. Southern Electric Authority of Queensland Act. A cquisition BY A uthority of E lectric (c) Variable interest stock of the same nominal A uthorities . value as the fully paid ordinary shares in DCivitiysioEnleIctIri- c the Company ; and 9 Limited. (d) Variable interest stock of the same nominal value as the amount paid up on the partly paid shares of the Company : Provided that if the holder of such partly paid shares of the Company pays to the Authority the unpaid balance on such shares within such time as shall be notified by the Authority to such holder, he shall upon such payment receive variable interest stock of the same nominal value as such ordinary shares. (3.) The amount of variable interest stock to be issued as aforesaid to each holder of shares shall be calculated to the nearest pound (£). (4.) If the Company on or before the proclaimed day shall not have assigned and transferred to the Authority or to such other corporation or body as aforesaid the undertaking and assets of the Company outside the State of Queensland the amount of variable interest stock to be issued by the Authority to the shareholders of the Company in exchange for their shares in manner provided by this section shall be reduced by the value of such undertaking and assets of the Company outside the State of Queensland 3 ,s determined by the Commission, and the Commission shall determine all questions arising in connection with the distribution of the variable interest stock so reduced in value among the shareholders of the Company. Division III .— Division III. — Electric Authorities other than Local Authorities A a ut , h 7 ori • t , i • es. other than Local Authorities. 17. The Governor in Council may, upon the sale Transfer of to him or the acquisition by him for and on behalf of Her undertakings Majesty of the undertaking of any electric authority t0 Authonty‘ (not being a Local Authority) or any part of any such undertaking, by Order in Council vest such undertaking or such part in the Authority and the Authority shall pay to the Governor in Council the cost of the acquisition of such undertaking or such part together with all expenses incurred by the Governor in Council upon such acquisition.

86 ELECTKICITY. P art III.— A cqubisyition , Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, A uthority of E lectric A uthorities . Division IV .— Division IV.—Local Authorities. Local Authorities. 18. (1.) The Governor in Council may from time Vesting of to time by Order in Council published in the Government electricity- Gazette prescribe a date on and after which any specified oufndeleercttarkicings Local Authority or Local Authorities which is or are an authorities electric authority or electric authorities for any area or Ainutthheority. areas included in the area of supply for the time being of the Authority shall cease to be an electric authority. ( 2 .) As and from the date so prescribed by the Governor in Council the 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 Authority : (b) All real and personal property, and every right, title, estate or interest therein and all management and control of any matters or thing which immediately before the prescribed date was vested in or belonged to such Local Authority as such electric authority shall, without any transfer, assignment or conveyance or notice other than such Order in Council, vest in and belong to the Authority ; (c) All moneys and liquidated and unliquidated claims which immediately before the prescribed 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 the Authority ; (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 the Authority, and no such suit, action or proceedings 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

ELECTRICITY. 87 PART III.-—■ 1952. Southern Electric Authority of Queensland Act. A cquisition by A uthority oe E lectric date shall be deemed to be contracts, A uthorities . agreements and undertakings entered into DivisLioocnaIlV .— with and securities given to or by the Authorities. Authority and may be enforced by or against the Authority accordingly ; (/) All debts 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 Authority; and ( g) All employees of such Local Authority as such electric authority shall become and be employees of the Authority and the Authority shall give to every such employee who is then and has been during the preceding period of two years regularly employed in or about the transferred undertaking equivalent employment for at least twelve months so that the service of such officer or other employee with the Authority shall be deemed to have been continuous service from the time of such commencement of such service with such Local Authority or alternatively the Authority shall (unless such officer or other employee has of his own accord refused to accept or has terminated such equivalent employment) compensate such officer or other employee to an amount to be mutually agreed upon or in case of dispute to be settled by the Industrial Court, provided that subject to this Act and to *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1952,” nothing in this paragraph shall prevent the Authority from dismissing or otherwise terminating the employment of any such officer or employee during such period of twelve months for * 23 Cl. 5 No. 36 and amending Acts.

88 ELECTRICITY. P art III.— A cqubiysition Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, A uthority op E lectric A uthorities . inefficiency or misconduct or for any other Division IV.— Local cause whatever without payment of Authorities. compensation. (3.) Upon the transfer to the Authority of the undertaking as an electric authority of any Local Authority, that Local Authority shall deliver to the Authority all books, documents, records and papers relating to such undertaking. Indemnity (4.) The Authority shall as from the prescribed date i atoutehleocrtirtiiecs. indemnify and keep harmless every Local Authority the undertaking as an electric authority of which is vested in the Authority, against all claims against such Local Authority in respect of goods delivered for the purposes of such undertaking and against all claims or any other liabilities incurred in respect thereof. (5.) The Authority shall pay all interest accruing due in respect of any moneys borrowed on account of the said electricity undertaking and make the contributions or payments required by law or by any agreement to the sinking fund established in connection with any loan or for the redemption of the principal thereof or on account of such undertaking. ( 6 .) Neither the coming into operation of this Act nor any provision hereof shall prejudicially affect any security, rights, powers, authorities and remedies of any holder of a bond, debenture, mortgage, deed or other security given by any Local Authority as au electric authority before the date upon which the undertaking as an electric authority of such Local Authority is vested in the Authority 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 Authority (including all electricity undertakings and assets vested in the Authority under this Act) and the revenue therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Authority instead of by the Local Authority. (7.) The liabilities imposed on the Authority by this section shall for the purpose of securing the discharge thereof rank in priority over any loan raised by the Authority on and after the prescribed day.

ELECTRICITY. 89 P art III.— 1952. Southern Electric Authority of Queensland Act. A cquisition by A uthority of E lectric ( 8 .) If any officer or other employee of such Local A uthorities . Authority who becomes an employee of the Authority DivisLioocnalIV .— as aforesaid is entitled to any leave or superannuation Authorities. or retiring benefits or allowances from such Local Authority, such Local Authority shall remain liable for the expenses of any payments on account of the leave, retirement or death of such officer or employee or alternatively shall pay to the Authority on account thereof such sums as shall be just. (9.) If any officer or other employee of such Local Authority who becomes an employee of the Authority as aforesaid shalLbe entitled to any leave, superannuation or retiring benefits or allowances under any benefit, provident or superannuation fund or scheme existing in connection with his employment by such Local Authority, such benefit, provident or superannuation fund or scheme shall remain liable for the expenses of any payments on account of the leave, retirement or death of such officer or employee or alternatively shall make such payment on account thereof to the Authority or to any benefit, provident or superannuation fund or scheme of the Authority as shall be just. ( 10 .) Any question, difference or dispute arising or about to arise between such Local Authority and the Authority may be referred by either party to the Minister for settlement and thereupon— (i.) The Minister may make or cause to be made such investigations as he deems necessary or may direct the Commission to make such investigations as he deems necessary ; (ii.) The Minister may appoint the Commissioner or any person to hold any inquiry and report to him upon any matter arising in or relating to any such question, difference or dispute and the Governor in Council may by Order in Council declare that *“ The Commissions of Inquiry Act of 1950 ” or the provisions of that Act specified in the Order in Council, shall be applicable for the purposes of such an inquiry and thereupon that Act or, according as declared by the Governor in Council, the provisions thereof so specified shall apply to and with respect to the inquiry ; * 15 G. 6 No. 2.

90 ELECTRICITY. P art —III. A cqubiysition Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50. A uthority of E lectric A uthorities . (iii.) The Governor in Council may make such Order Division IV .— Local in Council in the public interest as in the Authorities. circumstances may seem just and equitable. Any such Order in Council shall be final and conclusive and shall be given effect to by the Local Authority and the Authority and by any such benefit, provident or superannuation fund or scheme or the trustees thereof as the case may be. ( 11 .) In this section the term “ Local Authority ” includes a Joint Local Authority. Vesting of 19. (1.) The Governor in Council may from time eplaercttroifcity to time by Order in Council published in the Government undertaking Gazette prescribe a date on and after which any specified oauf tehleocrtirtiices. Local Authority or Local Authorities which is or are an electric authority or electric authorities in any area or areas included in the area of supply for the time being of the Authority shall cease to be an electric authority for any part or parts of such area or areas as defined in such Order in Council. ( 2 .) As and from the date prescribed by the Governor in Council the following provisions shall, subject to this Act, have effect, namely :— (a) The part of the undertaking as such electric authority of such Local Authority in such part or parts of such area or areas shall be divested from such Local Authority and shall vest in the Authority; (b) All electric lines and works and all other real and personal property of such Local Authority as such electric authority in such part or parts of such area or areas specified in such Order in Council shall, without any transfer, assignment or conveyance or notice other than such Order in Council vest in and belong to the Authority ; (c) The Authority shall pay to such Local Authority the depreciated value of all electric lines and works and other real and personal property so transferred. In default of agreement the amount of such depreciated value so to be paid shall be determined by

ELECTRICITY. 91 1952. Southern Electric Authority of Queensland Act. P art III.— acquisition ------------------------------------- ------------------------------------------------------------------------------------------------------ A uthority of E lectric the Commission. Such amounts shall be paid authorities . at such time or times as shall be fixed by the Bivis^Jr~ Commission and pending payment shall bear interest at such rate as is fixed by the Commission. (3.) In this section the term “ Local Authority ” includes a Joint Local Authority. P art IV.— F inance and A ccounts . P art IV.— F inance AND A ccounts . Division I.—Accounts and Audit. Division I.— Accounts and 20. ( 1 -) The Authority shall cause to be kept Audit. proper books of account with respect to— Books of Account. (a) All sums of money received and expended by the Authority and the matters in respect of which the receipt and expenditure takes place; ( b ) All sales and purchases by the Authority ; and (c) The assets and liabilities of the Authority. (2.) The books of account shall be kept at the principal office of the Authority or at such other place in the State of Queensland as the members resolve and shall at all times be open to inspection by the members. (3.) Accounts shall be kept in accordance with accepted accountancy practice and shall contain all necessary detail but shall not be required to conform with the manner in which the accounts of the public moneys and funds of the State of Queensland are required to be kept. (4.) If any person being a member of the Authority fails to take all reasonable steps to secure compliance by the Authority with the requirements of this section, or has by his own wilful act been the cause of any default by the Authority hereunder, he shall, in respect of each offence, be liable to imprisonment for a term not exceeding six months or to a penalty not exceeding two hundred pounds : Provided that a person shall not be punished for an offence under this subsection unless, in the opinion of the Court dealing with the case, the offence was committed wilfully. 21. (L) Each ordinary general meeting of the Auditors to variable interest stockholders shall appoint an auditor appointed, or auditors or firm’ of auditors, who shall be a public

92 ELECTRICITY. P art IV.— F inaanndce Southern Electric Authority of Queensland Act. A ccounts . 1 E liz . II. No. 50, Division I .— A , ccoAuundtist.and accountant or public accountants within the meaning of and registered as such under *“The Public Accountants Registration Acts, 1946 to 1949,” to hold office until the next ordinary general meeting. (2.) The first auditors of the Authority may be appointed by the members. (3.) The members may fill any casual vacancy in the position of auditor, but while any such vacancy continues, the surviving or continuing auditor or auditors, if any, may act. (4.) The remuneration of the auditors shall be fixed by a resolution of the variable interest stockholders in general meeting or in such manner as the variable interest stockholders in general meeting determine except that the remuneration of any auditor appointed by the members may be fixed by the members. Auditors’ report. 22. (1.) The auditors shall make a report to the Authority on the accounts examined by them and on every balance sheet of the Authority during their term of office and the report shall state— (a) Whether or not they have obtained all the information and explanations they have required ; and ( b ) Whether in their opinion the balance sheet referred to in the report is properly drawn up so as to exhibit a true and correct view of the state of the Authority’s affairs according to the best of their information and the explanations given to them and as shown by the books of the Authority ; and (c) Whether in their opinion the accounts and records which the authority is required to keep by this Act and the rules have been properly kept. Auditors to have right ( 2 .) Every auditor of the Authority shall have a of access. right of access at all times to the books of account and vouchers of the Authority and shall be entitled to obtain from the members and officers of the Authority such information and explanations as may be necessary for the performance of the duties of the auditors. * 11 G. 6 No. 4 and amending Acts.

ELECTRICITY. 93 1952. Southern Electric Authority of Queensland Act. P art IV.— F inance AND A ccounts . 23. (1.) The Authority shall at the end of every year DAcivciosuionntsIa . n — d cause to he prepared— Audit. Revenue (a) A revenue account and balance sheet; and account (b) A report of the operations of the Authority, banaldanrceeposrhtese.t for the year. (2.) The first accounts and report shall be for the period from the first day of February, one thousand nine hundred and fifty-three to the thirtieth day of June, one thousand nine hundred and fifty-three. (3.) The report of the auditors shall be attached to such revenue account and balance sheet. (4.) Such revenue account and balance sheet and such report shall be signed on behalf of the Authority by at least two of the members. (5.) If any copy of a balance sheet which has not been signed as required by this section is issued, circulated or published or if any copy of the balance sheet is issued, circulated or published without having a copy of the report of the auditors attached thereto, every member, manager, secretary or other officer of the Authority who is knowingly a party to the default shall be guilty of an offence and liable to a penalty not exceeding fifty pounds. 24. (1.) A copy of every revenue account and Copies to be balance sheet prepared by the authority after being audited and of every such report shall be forwarded to and Minister, the Commission and to the Minister. (2.) The Minister shall lay the same before Parliament. 25. The Minister may at any time from time to Special time direct the Auditor-General to make a special audit Auditor -7 of the accounts of the Authority and for such purpose General, the Auditor-General shall have all of the powers and authorities conferred upon him by *“ The Audit Acts, 1874 to 1951.” Division II.—Interest during Construction. Division II .— Interest cJSi&n. 26. Where any works, buildings or plant has not interest been brought into service the Authority may charge ^^on- interest on the cost of construction thereof to capital as part of the cost of the works, buildings or plant. * 38 V. No. 12 and amending Acts.

94 ELECTKICITY. P art IV.— F inance AND A ccounts . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Division III .— Loans and Division III.—Loans and Deposits. Deposits. Bank 27. The Authority, for the purposes of enabling advances. it to carry into effect any of its powers or duties, may borrow money and may obtain advances by overdraft on current account with any Bank or Banks and such loans and advances may be charged upon the income and revenue of the Authority. Deposits. 28. The Authority may receive money on deposit at call or on fixed deposit. Sinking Funds and Reserves. 29. The Authority shall provide such sinking funds and reserves for the repayment of loans borrowed by the Authority as are required by the term of, or terms of issue of, such loans or by any Order in Council. Protection to lenders. 30. (1.) A person advancing money to the Authority shall not be bound to enquire into the application of the money advanced or be in any way answerable for the non-application or mis-application thereof. ( 2 .) The issue of any Order in Council under the provisions of section thirty-six of the Act, shall, in favour of a lender and of any holder of a security given by the Authority be conclusive evidence that all conditions precedent to the borrowing have been complied with. Division IV .— Variable Interest Stock. Division IV.—Variable Interest Stock. Issue of variable interest stock. 31. (1.) In addition to the variable interest stock issued pursuant to section sixteen of this Act the Authority may issue further variable interest stock and borrow money by the further issue of variable interest stock in the manner and to the extent provided by the Agreement but not otherwise. (2.) The Treasurer upon the application of the Authority shall give his consent to the issue by the Authority of variable interest stock as aforesaid. iRvnaitrgeihraetbsslteof stock 32 sh . a ( ll 1.) coSnufebrjeucpt otno tthhee Ahgorledeemrsentthevraeroiafbtleheinrteigrhestst stockholders. provided by the Agreement. ( 2 .) Except as provided in the Agreement variable interest stock shall be interminable.

ELECTRICITY. 95 ~ 1952. Souther ’ n Electric Authority of Queensland Act. P art IV.— F™^CE ____________________________________ _ ________________________________________________ A ccounts . (3.) The holders for the time being of variable Dlvvaritiu~ interest stock shall be creditors of the Authority for the IsS; amount of interest accrued due on the stock and, subject as provided in subsection two of this section, for the amount paid up on the stock. 33. Variable interest stock shall not for any purpose Variable be deemed to be secured debentures or inscribed stock stock not which may be issued by the Authority under Division secured. V. of this Part of this Act. debentures. Division V .— Division V.—Secured Debentures and Stock. D an e d be S n t t o u c r k e . s 34. (1.) For securing the repayment of the principal Issue of and interest of any money borrowed the Authority may debentures issue debentures or inscribed stock in manner provided g^(c™scribed by the rules and the Treasurer on the application of the Authority may consent thereto. ( 2 .) The Authority may authorise the sale or disposal of any such debentures or inscribed stock in Queensland or any place beyond Queensland and may appoint an agent or agents to negotiate such sale. (3.) Debentures and inscribed stock shall be issued in such series at such time and in such manner as the Authority thinks fit and shall be transferable in manner provided by the rules. (4.) Every such debenture shall specify the time when and the place where the principal and interest are payable. (5.) Every such debenture shall be under the seal of the Authority and when so sealed shall be taken to have been duly issued and the holder thereof shall not be bound to enquire whether such issue was in fact duly authorised. ( 6 .) The holder of any such debenture shall be entitled to receive payment from the authority of the principal sum named therein upon presentation of such debenture, on or after the due date thereof, at the place where the same is expressed to be made payable. (7.) Every such debenture may have annexed thereto for every payment (whether of principal or interest or principal and interest) to grow due thereon a coupon and in such case such debenture and coupon shall be transferable by simple delivery.

96 P art IV.— F inance and A ccounts . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Dwsemrai' and Stock. ( 8 .) The holder of any coupon originally annexed to any such debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the sum named in the said coupon upon presentation of the same at the place where and on or after the date when such sum is payable. (9.) The due repayment of debentures and inscribed stock and the interest thereon shall be charged upon the income 1 and revenue of the Authority. Such charge shall not prejudice or affect the power of the Authority to sell or convey any property vested in it free of any such charge. (10.) No notice of any trust expressed, implied or constructive, shall be received by the Authority or any servant of the Authority in relation to any debenture or stock issued by the Authority. ( 11 .) The Authority shall pay stamp duty in accordance with *“ The Stamp Duties Acts, 1934 to 1942,” upon the total amount of every issue of debentures or inscribed stock and all debentures and stock certificates of such issue shall thereupon be exempted from duty. Nothing in this section shall exempt any transfers or contracts for the sale of such debentures or inscribed stock from stamp duty. Debentures 35. All debentures, stock, bonds or other securities to rank which may be secured upon the income and revenue ' of the Authority, unless otherwise provided by the terms thereof or the terms of issue thereof shall rank pari passu without any preference one above another by reason of priority of date or otherwise but shall be subject always to any prior charge. Advances by 36. (i.) The Governor in Council may authorise Treasurer. ^he Authority to borrow money from the Treasurer. Guarantee (2.) The Governor in Council may by Order in by Governor Council authorise the Authority to borrow money by the sale, disposal or issue of debentures or inscribed stock. The Order in Council shall declare the amount which may be so borrowed, the purposes for which the same shall be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan whether by yearly or half-yearly payments, or payments into a sinking fund * Semhle “ The Stamp Acts , 1894 to 1950 ” (58 V. No. 8 and amending Acts).

ELECTRICITY*! 97 . — _____ __ — . pART XV.— 1952. Southern Electric Authority of Queensland Act. F“B __ _______________ ^^__________________________________________________________ A ccounts . and such other conditions as the Governor in Council thinks proper to impose. The due repayment of any such debentures or inscribed stock and the interest thereon is hereby guaranteed by the Governor in Council. Any liability arising from such guarantee shall be payable out of moneys appropriated by Parliament. Secured and Stock. (3.) The Authority shall be and be deemed to be a Authority to “ local body ” under and within the meaning of *“ The body °?a Local Bodies’ Loans Guarantee Acts, 1923 to 1936,” and the provisions of that Act shall, subject to such modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in any particular case, apply and extend accordingly. 37. Every loan advanced by the Treasurer under Repayment the provisions of this Act shall be liquidated by the Treasurer, payment to the Treasurer by the Authority on the first days of January and July respectively in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until the moneys advanced from time to time by the Treasurer, together with the interest accruing thereupon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereupon or with respect to any other matter requiring adjustment. 38. Any Trustee unless expressly forbidden by the Trustee instrument (if any) creating the trust may invest any8eourity' trust moneys in his hands in debentures or stock issued by the Authority under this Division of this Part of the Act and the investment shall be deemed to be an investment authorised by section four of f“ The Trustees and Executors Act of 1897,” and the said Act shall apply and extend accordingly. 39. Any debentures or stock issued by the Debentures Authority under this Division of this Part of the Act shall be a lawful investment for any moneys which any ’ Local Authority, public authority, body corporate, * 14 G. 5 No. 8 and amending Acts. f 61 V. No. 10. D

98 ELECTRICITY. P art IV.— F inaanndce Southern Electric Authority of Queensland Act. A ccounts . 1 E liz . II. No. 50, DivSiseicounreVd .— company, friendly society, or trade union or branch DanedbeSnttoucrke . s thereof incorporated or formed by or under any Act of the State of Queensland, is authorised or directed to invest in addition to any other investment expressly provided for the investment of such moneys. Defaults in repayment of loans to Treasurer. 40. (1.) In the months of February and August, respectively, in every year, the Treasurer shall cause to be published in the Gazette a statement showing, with respect to every loan advanced to the Authority by the Treasurer, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. Appoint­ ment of receiver by Treasurer. (2.) If thereafter on the thirtieth day of April or the thirty-first day of October, respectively, any part of such money so overdue and in arrear remains unpaid or if the Treasurer pays any moneys under any guarantee given under this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Authority to the amount stated in such notification and the Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the business of the Authority as the Treasurer thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Authority, and shall be deemed to that extent and for that purpose to be a “ public accountant ” within the meaning of *“ The Audit Acts, 1874 to 1951.” (3.) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income. oDrefepfaayumlteinnt maki 4 n 1 g . an (1 y .) paIfymdeenfatuwltheisthemraodfepbriyncitphael oAruitnhtoerrietsyt tino mAdepebpneotniotnuftr­ es : tinhsecrhiboledderboyf tahney dAeubtehnotruirtye, orthceouhpoolnderissutheedreoorf stmoacky rCeocuerivt.er by make application to and procure all necessary orders and directions from the Supreme Court for the appoint­ ment of a receiver and such Court shall have power to * 38 V. No. 12 and amending Acts.

ELECTRICITY. “ ; P art IV.— 1952. Southern Electric Authority of Queensland Act. FI and CE ____________________________________________________________________________ _______________ A ccounts . make all such orders for the appointment of a receiver or for his removal and the appointment of another in his place as may be necessary and to make any orders and give any direction which such Court may think proper. ‘ ( 2 .) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income. (3.) A receiver shall be deemed to be an officer of such Court and shall act under its directions. 42. A receiver appointed by the Treasurer shall be Bemunera- entitled to such commission or remuneration for his^^er. services as the Treasurer may order and a receiver appointed by the Court shall be entitled to such commission or remuneration as the Court may order. The commission or remuneration shall be payable out of the income for and in respect of which he has been appointed receiver. 43 (1.) A receiver whether appointed by the Powers and Treasurer or the Court shall have power to collect all^e^e°f the income payable to the Authority, which he has been authorised to collect and for the purposes of this section a receiver shall be deemed to be the Authority and may exercise all the powers of the Authority. ( 2 .) A receiver shall pay and apply all the moneys received by him in the following order, that is to say :— (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration ; (b) Secondly, if appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any interest paid by the Treasurer under any guarantee given under the provisions of this Act together with interest at such rate as may be specified by the Treasurer and, if appointed by the Court upon the application of a holder of any debenture or coupon issued or stock inscribed by the Authority, in payment, subject to any order of the Court, to such holder or to and amongst the holders of debentures or coupons or inscribed stock of

100 ELECTRICITY. P art IV.— Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, A ccounts . -------------------------------------------------------------------------------------------------------------------- ---- . Division V .— Secured Debentures and Stock. the same series as such holder or to the holders of debentures or coupons or inscribed stock generally in such order of priority or otherwise as the Court may think fit; (c) Thirdly, in payment of all the residue of the moneys to the Authority. Division VI .— Budget. Division VI. — Budget. Annual 44. (1.) Not later than one month after the prepared? be commencement of every year, beginning with the year to commence on the first day of July, one thousand nine hundred and fifty-three, the Authority shall cause a budget for that year to be prepared for the consideration of the members and shall forward a copy of the proposed budget to the Commission not less than twenty-one days before the budget is adopted : Provided that if the Authority considers it necessary or desirable that the prices to be charged for electricity should be altered at the same time as the budget is to be adopted, the Authority shall forward a copy of the proposed budget to the Commission not less than two months before the budget is adopted together with a notice setting out the alterations in prices which it proposes. Contents of (2.) Each budget shall show the following u ge ' information, that is to say :— (а) An estimate of the capital expenditure to be incurred during the year ; ( б ) An estimate of the amounts required to be provided by way of loan, whether by way of debentures, inscribed stock, variable interest stock or otherwise; (c) An estimate of the revenue of the Authority for the current year ; (d) An estimate of all expenditure (other than capital expenditure) for the current year; and (e) Such details of the above estimates as the Authority considers desirable. Departures (3.) The adoption of the budget shall not prevent rom u get. Authority from departing from the provisions of the budget in any way if such departure is considered desirable by the members for the purpose of conducting the business of the Authority to the best advantage in accordance with the provisions of this Act.

ELECTRICITY. 101 '-------------------------------------------------------------------------------------------------------------------------------- P art V.— 1952. Southern Electric Authority of Queensland Act. P duties * op D ___________________________________________________________________________________________ THE A uthority . P art V.—P owers and D uties oe the A uthority . 45. Subject to the Act it shall he the duty of the Duties of Authority under the general direction ofthe Commission— Authority' (a) To generate and purchase electricity and to supply electricity in the area of supply on the most economical basis and over the greatest area possible and so far as reasonably practicable to supply all such electricity as may from time to time be required by the Crown or by any public authority, local authority or person; (b) To construct, expand, protect, maintain, control and manage works for the supply of electricity; (c) To supply, instal, trade in, sell and let on hire purchase electrical fittings apparatus and appliances; (d) To assist in the development and expansion of industry and manufacture by encouraging and promoting the use of electricity ; (e) To assist in the development and expansion of primary production and rural industry by encouraging and promoting the use of electricity and the application of electricity to all forms of primary production ; (/) To develop the natural resources of Queensland for the purpose of and by means of the production and use of electrioity and other forms of power ; (; g ) To conduct investigations and research into the production development and use of electricity and other forms of power ; and ( h ) To provide technical advice and assistance on the production, development, and use of electricity and other forms of power. 46 In addition to and without in any way limiting Powers of the powers, duties, authorities and responsibilities granted Authority- to or conferred or imposed on the Authority by this Act, the Authority shall and may have and exercise all such powers and duties as are granted to or conferred or imposed on the Authority in or by the Constitution and the Rules and the Agreement.

102 ELECTRICITY. P art V.— PD owuteiressaonfd Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, the A uthority . Construction 47. (1.) The Authority may construct any electric of works. lines or works on any land or buildings with the consent of the owners and occupiers for the time being thereof. (2.) The Authority shall be a constructing authority within the meaning of *“ The Public Works Land Resumption Acts , 1906 to 1951,” and the said Acts shall so far as the same are applicable and except where expressly varied herein be incorporated with and form part of this Act: Provided however that the Authority shall not take or acquire any land without the consent in writing of the Commission. (3.) The Authority may construct and use the electric lines traversing the routes set out in the Second Schedule to the Agreement. (4.) Where the Authority satisfies the Commission that, having regard to the efficient and economic conduct of its undertaking and to the public interest and to such other circumstances as to the Commission shall seem relevant, it should be permitted to transmit electricity from any part of the area of supply to any other part of the area of supply or to any other area by means of an electric line traversing a route outside the area of supply then and in every such case the Commission may authorise the Authority to construct and utilise an electric line traversing such route and it shall be immaterial that such route traverses an area within which an electric authority is authorised to supply electricity. (5.) When any electric line of the Authority traverses any area in which an electric authority is authorised to supply electricity or any electric line of any electric authority traverses any part of the area of supply, the Authority and such electric authority may agree as to the terms and conditions upon and subject to which the Authority may make use of the electric lines of such electric authority, or such electric authority may make use of the electric lines of the Authority : Provided that in default of any such agreement the Commission shall have power and authority to determine such terms and conditions as aforesaid. ( 6 .) Where the Authority satisfies the Commission that, having regard to the efficient and economic conduct of its undertaking and to the public interest and to such * 6 E. 7 No. 14 and amending Acts.

ELECTRICITY. 103 1952. Southern Electric Authority of Queensland Act. P art V.— P owers and D uties of the A uthority . other circumstances as to the Commission shall seem relevant, it should be permitted to construct an electric line on any land, then and in every such case the Commission may authorise the Authority to construct and utilise an electric line on such land. The Commission shall determine the compensation (if any) payable by the Authority to the owner or occupier, or owner and occupier of such land and the manner in which such compensation is divisible between the owner and the occupier thereof and the amount of such compensation so determined by the Commission shall be recoverable by such owner or occupier from the Authority in addition to any other compensation for which the Authority may be liable under this Act for any damage caused by the Authority : Provided that in any particular case the Commission may refer to the Land Court for hearing and determination the matter of such compensation and thereupon that Court shall hear and determine the same. (7.) For the purpose of any permission or determination to be made by the Commission under or in pursuance of this section the Commission shall have power and authority to make all such enquiries and investigations as to it shall seem fit. ( 8 .) Every permission and every determination of the Commission granted or made under and in pursuance of this section shall be final and conclusive and without appeal to any other tribunal whatever. (9.) The Authority may at all reasonable times enter upon any land upon which any electric line or works of the Authority (including any electric line described in subsection two of this section) is or are situated for the purpose of repairing, altering, adding to or replacing any electric line or other works belonging to the Authority or for substituting any electric line or other works therefor but the Authority shall be bound to make good all damage caused by such entry. 48. (1.) Subject to the provisions of this Act and°P®“m§of the regulations, the Authority may open and break up the soil and pavement of any road, lop and cut trees and open and break up any sewers, drains or tunnels within or under such roads, and temporarily stop traffic on any such road and may construct subways, tunnels, excavations and drains and may lay down and place

104 ELECTRICITY. P art V.— P owers and D uties of the A uthority . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, under or over any road any electric lines or other works and from time to time repair, alter or remove the same ; and may in any such roads do all other acts which it may from time to time deem necessary for supplying electricity or for constructing, extending or maintaining its works. ( 2 .) The Authority shall not (except in cases of emergency) open or break up any road or stop any traffic thereon or lop or cut any tree therein without giving notice in writing to the Local Authority or person having the control or management thereof in accordance with the regulations. (3.) When the Authority has opened or broken up any road it shall— (a) With all convenient speed complete the work for which it is broken up and fill in the ground and reinstate and make good the portion so opened or broken up to as good a condition as before it was opened or broken up and carry away the rubbish occasioned by the work; (b) At all times while the road is so opened or broken up cause the same to be fenced and guarded and cause a fight sufficient for the warning of traffic to be set up and maintained against or near such road where the same is opened or broken up, every night during which the same is continued open or broken up ; and (c) Keep the road which has been so opened or broken up in good repair for three months after replacing and making good the same and for any further time not being more than twelve months in the whole during which the soil broken up continues to subside. Altering position of pipes, &c. 49. Subject to the provisions of this Act and the regulations— (a) The Authority may alter the position of any poles, pipes, wires, sewers, drains or tunnels on or under any road which may interfere with the exercise of its powers under this Act on previously making or securing such compensation to the owners of such poles, pipes, wires, sewers, drains or tunnels and on

1952. ELECTRICITY. 105 Southern Electric Authority of Queensland Act. P art V.— P owers and D uties of the A uthority . complying with such conditions as to the mode of making such alterations as may before the commencement of such alterations be agreed upon between the Authority and such owners or in the case of difference, as may be determined by this Act and the regulations ; ( b ) Any public body or statutory corporation lawfully competent to do so may in like manner alter the position of any works of the Authority on or over any such road as aforesaid which may interfere with the lawful exercise of any powers vested in such public body or statutory corporation in relation to such road subject to the like provisions, conditions and restrictions as are in paragraph (a) of this section contained. 50. The Authority may break up any railway or Breaking up tramway with the consent of the public body or statutory and ways corporation by whom such railway or tramway is tramways, repairable or with the consent of the Governor in Council. The Governor in Council shall not give any such consent until notice has been given to such public body or statutory corporation by advertisement or otherwise as the Governor in Council may direct and until an opportunity has been given to such public body or statutory corporation to state any objection they may have. 51. In the exercise of its powers under this Act, Authority the Authority shall do as little damage as may be and*®,^^. shall make full compensation to all persons interested tion. for all damage sustained by them in consequence of the exercise of such powers. 52. (1.) Where the exercise of any rights, powers Disputes or authorities or the discharge of any duties by the Authorities. Authority may affect the exercise of any rights, powers or authorities or the discharge of any duties by any public body or statutory corporation, the Authority shall so far as is practicable, confer and agree with such public body or statutory corporation. (2.) Any question, difference or dispute arising or about to arise between the Authority and any public body or statutory corporation with respect to the exercise

106 ELECTRICITY. P art V.— P owers and D uties of the A uthority . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, of any rights, powers or authorities or the discharge of any duties by either or both of them may be referred by any party to the Minister for settlement. (3.) The Minister may make or cause to be made such investigations as he deems necessary or may direct the Commission to make such investigations as he deems necessary. (4.) The Minister may appoint the Commissioner or any other person to hold any inquiry and report to him upon any matter arising in or relating to a question, difference or dispute. The Governor in Council may by Order in Council declare that *“ The Commissions of Inquiry Act of 1950,” or the provisions of that Act specified in the Order in Council shall be applicable for the purposes of such an inquiry and thereupon that Act or, according as declared by the Governor in Council, the provisions thereof so specified shall apply to and with respect to the inquiry. (5.) The Governor in Council may make such Order in Council in the public interest as in the circumstances may seem just and equitable. Any such Order in Council shall be final and conclusive and shall be given effect to by the Authority and by the public body or statutory corporation as the case may be. ( 6 .) Nothing in this section shall confer on the Authority any right against the Crown beyond the rights specifically conferred on the Authority by Statute. Removal of 53. (1.) Where any tree or hedge obstructs or torbesetsructing interferes with the construction, maintenance, or working lines. of any electric line which is being constructed or is owned by the Authority, or will interfere with the maintenance or working of such a line, the Authority may give notice to the owner or occupier of the land on which the tree or hedge is growing requiring him to lop or cut it so as to prevent the obstruction or interference, subject to the payment to him by the Authority of the expenses reasonably incurred by him in complying with the notice : Provided that, in any case where such a notice is served upon a person who, although the occupier of the land on which the tree or hedge is growing, is not the owner thereof, a copy of the notice shall also be served upon the owner thereof, if known. * 15 G. 6 No. 2. " '

ELECTRICITY. 107 ' ------------ ------------------------------------------------------------------------------------------------------------- ' P art V.— 1952. Southern Electric Authority of Queensland Act. P dutiesof D THE A uthority . (2.) If within seven days from the giving of such notice the requirements of the notice are not complied with, and neither the owner nor occupier of the land gives such a counter-notice as is hereinafter mentioned, the Authority may cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid. (3.) If within seven days from the giving of such notice the owner or occupier of the land on which the tree or hedge is growing gives a counter-notice to the Authority objecting to the requirements of the notice the matter shall, unless the counter-notice is withdrawn, be referred to the Commissioner who, after giving the parties an opportunity of being heard, may make such order as he thinks just, and any such order may empower the Authority (after giving such reasonable previous notice to any person by whom such counter-notice was given of the commencement of the work as the order may direct) to cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid, and may determine any question as to what compensation, if any, and expenses are to be paid. (4.) The Authority shall issue instructions to its officers and servants with a view to securing that trees and hedges shall be lopped or cut in a woodmanlike manner and so as to do as little damage as may be to trees, fences, hedges and growing crops, and shall cause the boughs lopped to be removed in accordance with the directions of the owner or occupier, and shall make good any damage done to the land. (5.) Any compensation or expenses payable to the owner or occupier by the Authority under this section shall be recoverable from the Authority on the decision of the Commission. ( 6 .) Where for the purposes of the construction or maintenance of an electric line it is necessary to fell any trees, this section shall apply to the felling of trees in like manner as it applies to the lopping of trees. 54. The Authority may at all reasonable times enter Rights of upon any land upon which electricity is or has been entry- supplied by the Authority for the purpose of inspecting or repairing or making safe any electric line or any electrical fittings or apparatus whether the property of

108 ELECTRICITY. P art V.— P owers and D uties of the A uthority . Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, the Authority or any other person or for the purpose of reading any meter or ascertaining or measuring electricity consumed or supplied or, in any case where the Authority is authorised so to do, for the purpose of cutting off the supply of electricity; hut the Authority shall be bound to make good all damage caused by such entry, inspection or removal. Works to 55. (1.) All works and every part thereof vested in prermopaeinrty of or held by the Authority subject to the provisions of this the Act shall notwithstanding that they have been constructed Authority. in or under any road or are placed in or upon any place or building remain the property of the Authority. (2.) Where any electric lines or other works or any meters, fittings, apparatus, buildings or materials whatsoever belonging to the Authority are placed in or upon any land, place or building for or in connection with the supply of electricity in pursuance of this Act, the same shall not pass to any purchaser on any sale or transfer of such land, place or building and shall not, save in a proceeding at the suit of the Authority, be taken in execution under the process of any Court. Contracts. 56. (1*) Contracts on behalf of the Authority may be made as follows :— (a) A contract which, if made between private persons, would be by law required to be in writing and under seal may be made on behalf of the Authority in writing under the seal of the Authority or under the seal of any person authorised by the Authority; (b) A contract, which, if made between private persons, would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the Authority in writing signed by any person acting under its authority express or implied ; (c) A contract which if made between private persons, would by law be valid although made by parol only and not reduced into writing may be made by parol on behalf of the Authority by any person acting under its authority express or implied.

ELECTRICITY. 109 -------------------------------------------------------------------- — ■ part v.— 1952. Southern Electric Authority of Queensland Act. P duties A of D THE ' A uthority . (2.) A contract made according to this section shall he effectual in law and shall bind the Authority and its successors and all other parties thereto. (3.) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made. 57. (1.) The Governor in Council may, upon the Governor in recommendation of the Commission, at any time suspend may or rescind any resolution or order of the Authority, and/or resolution of may prohibit the expenditure of any moneys upon any Authonty' work which he deems unnecessary or which will in his opinion impose undue burdens upon consumers of electricity. (2.) Any resolution of the Authority 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 or on behalf of the Authority of any contract or agreement or the acceptance by or on behalf of the Authority of any contract or agreement or the acceptance by or on behalf of the Authority of any tender or the doing or executing by or on behalf of the Authority of any other act, matter or thing whatsoever, any such contract or agreement made 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 Authority or any acceptance of a tender by or on behalf of the Authority or any other act, matter or thing whatsoever done by or on behalf of the Authority 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 the Authority or any member, officer or employee of the Authority 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

110 ELECTRICITY. P art V.— ' ------ --------------------------------------------------------------------------------------------------------------------- - P duties op D Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, THE A uthority . “ 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 Authority specifies that such resoluton 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 Authority becomes void ab initio under and in pursuance of this section at any time satisfies the Governor in Council that such contract was bond fide and that prior to the date of the rescission by the Governor in Council of the resolution authorising the same, he incurred expenses in or for the purposes of the execution, performance and/or carrying out of such contract, then the Governor in Council may direct the Authority to pay, and thereupon the Authority 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 the Authority to the contractor concerned. No com­ pensation for failure to supply. 58. The Authority shall not be liable in damages to any person by reason of any partial or total failure of the supply of electricity from any cause whatsoever and may at any time temporarily discontinue the supply of electricity whenever in its opinion such action is desirable for the purpose of ensuring the efficient operation of any works under the control of the Authority. No dis­ crimination 59. Except insofar as is otherwise provided by the between Agreement every person within any division or part consumers. of the area of supply of the Authority shall on application be entitled to a supply on the same terms on which any other person in that division or part of the area of supply is entitled in similar circumstances to a corresponding supply : Stand-by­ supply. Provided however that no person shall be entitled to demand or to continue to receive from the Authority as a stand-by supply only, a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for similar purposes) of gas, steam or other form of energy unless he undertakes

ELECTRICITY. Ill 1952. Southern Electric Authority of Queensland Act. P art V.— P owers and D uties of the A uthority . to make a minimum annual payment therefor upon such terms as are agreed upon between the Authority and the person requiring the supply or in the event of disagreement upon such terms as shall be fixed by the Commission. 60. (l.) The Authority shall in any bill of account Meter for electricity sent by it to a consumer indicate therein readmgs‘ the previous meter reading and the present meter reading : Provided however that an estimated meter reading may be made in any particular case. (2.) The Authority shall not make any charge No meter whether directly or indirectly and by whatever namecharge' such charge is designated for the hire of any meter. (3.) A consumer shall not be required to pay any*“°°“mg arrears left unpaid by a previous consumer or tenant ’ for electricity supplied before such incoming consumer began to use electricity unless such incoming consumer had undertaken with the former tenant or consumer to pay or exonerate him from payment of such charge. P art VI.— O ffences P art VI. — O ffences and L egal P roceedings . P roceedings . 61. Any person who maliciously or fraudulently Stealing abstracts, causes to be wasted or diverted, consumes, ore 60 ncl y‘ uses any electricity provided in pursuance of this Act shall be guilty of stealing and punishable accordingly as for an indictable offence. x 62. (1.) Any person who— offences relating to (a) Constructs or causes to be constructed an use of electric fine to connect with any electricelectrlclty’ fine belonging to the Authority without its consent; or ( b ) Fraudulently injures any meter or fittings belonging to the Authority ; or (c) Wilfully and unlawfully extinguishes or interferes with any of the public lamps or fights maintained by the Authority ; or ( d ) Supplies any other person with any part of the electricity supplied to him by the Authority without the permission of the Authority ; or ( e ) Wilfully, fraudulently, or by culpable negligence injures or removes or suffers to be injured or removed any electric fines or other fines belonging to the Authority ; or

178 S econd S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Stable Swamp Creek and Subdivision 2 of Portion 169, Parish of Yeerongpilly, County of Stanley, and across Ipswich Road to enter Portion 102 a at a point on the boundary 11 chains more or less north of Stable Swamp Creek, thence for a distance of 41-5 chains more or less west through Portion 102 a , across Stable Swamp Creek, and Portion 97 a , both in the Parish of Yeerongpilly, County of Stanley, and across Dunn Road to enter Portion 85 a , Parish of Yeerongpilly, County of Stanley, at a point on the boundary 8-11 chains more or less east of the boundary of Portion 85 a and Portion 84 a , thence for a distance of 47*36 chains more or less west through Portion 84 a , Subdivisions A and B of Portion 83, Parish of Yeerongpilly, County of Stanley, and across Donaldson Road to enter Subdivision 2 of Portion 81, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 2 chains more or less south of the boundary between Subdivision 2 of Portion 81 and Portion 82, thence for a distance of 22*58 chains more or less west through Subdivision 2 of Portion 81 and Portion 82, Parish of Yeerongpilly, County of Stanley, and across Oxley Creek to enter Portion 108, Parish of Oxley, County of Stanley, at a point on the boundary 0*2 chains more or less south of the boundary between Portion 108 and Subdivision 3 of Portion 107, Parish of Oxley, County of Stanley, thence for a distance of 40*91 chains more or less west through Portion 108, Subdivisions 1 and 2, of Portion 74, Parish of Oxley, County of Stanley, and across Oxley Road to enter Subdivision 73 of Portion 82, Parish of Oxley, County of Stanley, at the most easterly point of Subdivision 73, thence for a distance of 3*79 chains more or less west through Subdivisions 73, 75 and 76 of Portion 82, Parish of Oxley, County of Stanley, and across Oxley Station Road to enter Subdivision 2 of Portion 73, Parish of Oxley, County of Stanley at a point on the boundary 0*7 chains more or less from the intersection of Oxley Station Road and Englefield Road, thence for a distance of 7*6 chains more or less west and north-west through Subdivision 2, Resubdivisions 130 to 140 of Subdivision 1 of Portion 73, Parish of Oxley, County of Stanley, and across Englefield Road to enter Resubdivision 183 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at the most easterly point of Resubdivision 183, thence for a distance of 11*2 chains more or less north-west through Resubdivisions 183 to 186 and Resubdivisions 194 to 198, of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, and across Mabel Street to enter Resubdivision 177 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at a point 0*5 chains more or less east of the boundary of Resubdivision 176 and Resubdivision 177, thence for a distance of 3 chains more or less west through Resubdivisions 176 to 177 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, and across Moffatt Street to enter Resubdivision 213 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at a point 0*8 chains more or less north of the intersection of Moffatt Street and Mabel Street, thence for a distance of 21*21 chains more or less west through Resubdivisions 213 to 219 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Subdivision 11 of Portions 79 and 80, Resubdivision 1 of Subdivision 1 of Portion 79, Parish of Oxley, County of Stanley, and across Douglas Road to enter Resubdivision 2 of Subdivision 1 of Portion 78, Parish of Oxley, County of Stanley,

1952. ELECTRICITY. Southern Electric Authority of Queensland Act. 179 S econd S chedule . at a point on the boundary 9*5 chains more or less north of the intersection of Englefield Road and Douglas Road, thence for a distance of 32*58 chains more or less generally west through Resubdivision 1 of Subdivision 1 of Portion 78, Subdivision 3 of Portion 77, thence north-westerly to cross Queensland Government Railways property, thence south westerly to enter and traverse Resubdivision 1 of Subdivision 9 of Portion 76, across Unnamed Road and enter and traverse Subdivisions 4, 6 and 5, of Portion 76, all in the Parish of Oxley, County of Stanley, and cross Duporth Avenue to enter Resubdivision B of Subdivision 1 of Portion 193, Parish of Oxley, County of Stanley, at a point on the boundary 5*5 chains more or less north of the most easterly point of Resubdivision B of Subdivision 1 of Portion 139, Parish of Oxley, County of Stanley, thence for a distance of 32*58 chains more or less south west through Resubdivision B of Subdivision 1 of Portion 193, Subdivisions 1, 2 and 3 of Portions 194 and 195, Parish of Oxley, County of Stanley, and across Cardiff Road to enter Subdivision 57 of Portion 216, Parish of Oxley, County of Stanley, at a point on the boundary 12*5 chains more or less north of the intersection of Cardiff Road and Alexandra Road, thence for a distance of 40*30 chains more or less west through Subdivisions 57, 58, 60, 61 and 62 of Portion 216, Subdivision 64 of Portion 215, Parish of Oxley, County of Stanley, and across Station Road to enter Resubdivision 129 of Subdivisions 31 and 32 of Portion 345, Parish of Oxley, County of Stanley, at a point 0*3 chains more or less south of the intersection of Station Road and Unnamed Road, thence for a distance of 3*8 chains more or less west through Resubdivision 129 of Subdivisions 31 and 32 of Portion 345, Parish of Oxley, County of Stanley, and across Unnamed Road to enter balance of Subdivisions 32 and 33 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 3*33 chains more or less west of the intersection of Unnamed Road and Station Road, thence for a distance of 36*82 chains more or less west through balance of Subdivisions 32 and 33 of Portion 345, Parish of Oxley, County of Stanley, and across Coggs Road to enter Resubdivision 3 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 6*5 chains more or iess north of the boundary of Resubdivision 3 of Subdivision 34 and Resubdivision 1 of Subdivision 34, thence for a distance of 21*06 chains more or less west through Resubdivision 3 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, and across Loffs Road to enter Resubdivision 2 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 3 chains more or less south of the most easterly point, thence for a distance of 15*91 chains more or less west through Resubdivision 2 of Subdivision 34 of Portion 345 and Resubdivision 4 of Subdivision 35 of Portion 345, and across Tyrrell Road to enter Resubdivision 20 of Subdivision 35 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 0*6 chains more or less south of the boundary of Resubdivision 20 of Subdivision 35 of Portion 345 and Resubdivision 22 of Subdivision 35 of Portion 345, thence for a distance of 72*27 chains more or less west through Resubdivision 20 of Subdivision 35 of Portion 345, Subdivisions 41, 40, 39 and 38 of Portion 345, Parish of Oxley, County of Stanley, and across Unnamed Road to enter Subdivision 11 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 4*5 chains more or less south of the boundary of Subdivision 11 of Portion 345 and Subdivision 10 of

180 S econd S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Portion 345, thence for a distance of 50*91 chains more or less westerly and north-westerly through Subdivision 11 of Portion 345, Parish of Oxley, County of Stanley, to the left bank of the Brisbane River at a point 8 chains more or less south-east of the boundary of Subdivision 11 of Portion 345 and Subdivision 9 of Portion 345, thence for a distance of 93*18 chains more or less north-westerlyacross the Brisbane River and through Portions 6, 38, 37, 2, 36 and 1, Parish of Moggill, County of Stanley, and across Moggill Road to enter Portion 17, Parish of Moggill, County of Stanley at a point on the boundary 1 chain more or less south of Pullen Creek, thence for a distance of 89*10 chains more or less north-westerly through Portions 17, 18, 31 and 167, Parish of Moggill, County of Stanley, and across Kangaroo Gully Road to enter Portion 166, Parish of Moggill, County of Stanley, at a point on the boundary 2*2 chains more or less south-east of the intersection of Kangaroo Gully Road and Mount Crosby Road, thence for a distance of 60*61 chains more or less south-westerly through Portion 166 and Resubdivision 2 of Subdivision 13 of Portions 164 and 165, Parish of Moggill, County of Stanley, and across Ferry Road to enter Portion 175, Parish of Moggill, County of Stanley, at a point on the boundary 5*5 chains more or less south of the boundary of Portion 175 and Portion 176, thence for a distance of 44 chains more or less west through Portions 175 and 174, Parish of Moggill, County of Stanley, and across the Brisbane River to enter Portion 23, Parish of Chuwar, County of Stanley, at the most easterly point on the right bank of the Brisbane River. Commencing at a point on the eastern side of Lytton Road between points distant 9*7 chains more or less and 15 chains more or less south of Bulimba Creek and proceeding north-east to enter Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, County of Stanley, at a point on the boundary 10 chains more or less south of Bulimba Creek, thence for a distance of 58 chains more or less generally north-east through Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, across Bulimba Creek, through Subdivision A of Portions 12 and 13, Subdivision B of Portion 12, Subdivisions 1 and 2 of Portion 11, Subdivisions 1 to 18 of Portion 10, Subdivisions 101 to 103 of Portion 9, across Boolarra Street, through Subdivisions 42 to 45 and Subdivisions 73 and 74 of Portion 9, Resubdivision 4 a of Subdivision C of Portion 9, across Queensland Government Railway property to enter Resubdivision 5 of Subdivision C of Resubdivision B of Subdivision 1 of Portion 8, all of Parish of Tingalpa, County of Stanley at a point on the boundary 1*3 chains more or less east of Bulimba Creek, thence for a distance of 17*4 chains more or less east through Resubdivision 5 of Subdivision C of Resubdivision B of Subdivision 1 of Portion 8, across Doughboy Parade, through Subdivisions A and B of Resubdivision 2 of Subdivisions 1 and 3 of Portion 6, across Hemmant Road to enter Subdivision 4 of Portion 139, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 11*7 chains more or less north of the intersection of Hemmant Road and Tingalpa Road, thence for a distance of 102*7 chains more or less generally south-east through Subdivisions 4 to 9 of Portion 139, across Youngs Road, through Resubdivisions 89 and 90 of Subdivision B of Portion 140, Subdivisions 36, 71 and 72 of Portion 147, across Foley Road, through Subdivisions 26 to 30 of Portion 147, Resubdivisions 9 and 10 of Subdivisions 7 and 8 of Portion 146, across Fleming Road to enter

1952. ELECTRICITY. Southern Electric Authority of Queensland Act. 181 S econd S chedule . Portion 150, all Parish of Tingalpa, County of Stanley, at a point on the boundary 20 chains more or less west of the intersection of Fleming Road and Wynnum Road, thence for a distance of 16 chains more or less south-east through Portion 150, Parish of Tingalpa, County of Stanley, and across Wynnum Road to enter Subdivision 1 of Portion 154, Parish of Tingalpa, County of Stanley, at a point on the boundary 1*5 chains more or less south-west of the intersection of Bognor Street and Wynnum Road, thence for a distance of 51*2 chains more or less generally south through Subdivision 1 of Portion 154, Subdivision 1 of Portion 155, Subdivision 4 of Resubdivision 6 of Subdivision 2 of Portion 155, Resubdivision 5 of Subdivisions 2 and 3 of Portion 155, Subdivisions 2, 3 and 4 of Portion 157, and across Wandall Road to enter Subdivision 2 of Portion 254, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 6 chains more or less north-east of the intersection of New Cleveland Road and Wandall Road, thence for a distance of 91 *5 chains more or less generally south-east through Subdivision 2 of Portion 254, Resubdivisions 10 to 14 of Subdivision A of Portion 257, Subdivision B of Portion 257, Resubdivisions 1 to 3 of Subdivision 2 of Portion 260, across Box Street, through Subdivisions 11 to 14 of Portion 261 and Subdivision 2 of Portion 260, Subdivisions 21 to 23 of Portion 261, Subdivision 10 of Portions 260 and 261, and across New Cleveland Road to enter Subdivision 19 of Portion 267, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 1 chain more or less east of the boundary of Subdivisions 18 and 19 of Portion 267, thence for a distance of 102*6 chains more or less south through Subdivisions 19 and 60 of Portion 267, across Formosa Road, through Subdivisions 94 and 142 of Portion 267, Subdivision 143 of Portion 266, across Grassdale Road, through Subdivisions 179 and 180 of Portion 268, Subdivision 235 of Portions 275 and 276, Subdivision 236 of Portion 275, across London Road, through Subdivisions 276 and 333 of Portions 275 and 276, Subdivisions 275 and 334 of Portion 275, across Boston Road, through Subdivisions 372 and 384 of Portions 275 and 276, Subdivisions 371 and 383 a of Portion 275, across Capalaba Road, to enter Subdivisions 1 and 2 of Resubdivision 1 of Subdivision 5 of Portion 336, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 0*5 chains more or less west of the boundary of Subdivisions 1 and 2 of Resubdivision 1 of Subdivision 5 of Portion 336 and Portion 346, thence for a distance of 192 chains more or less generally south through Subdivisions 1, 2 and 5 of Resubdivision 1 of Subdivision 5 of Portion 336, Resubdivision 2 of Subdivision 5 of Portion 336, Subdivisions 7 and 8 of Portion 336, Portion 356, across Prout Road, through Portion 357, and across Ipswich-Cleveland Road to enter Portion 387, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 58 chains more or less east of the boundary of Portion 9v and Portion 387, thence for a distance of 79*2 chains more or less south-east through Portion 387, Portion 385 and across Broadwater Road to enter Portion 372, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 50 chains more or less west from the intersection of Broadwater Road and Unnamed Road, thence for a distance of 202 chains more or less south-east through Portion 372, across Unnamed Road, through Portion 360 and Portion 359, across Unnamed Road, through Portion 372, all of Parish of Tingalpa, County of Stanley, and across Buhot Creek to enter Portion

182 S econd S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, 374 a , Parish of Redland, County of Stanley at a point on the boundary 1*6 chains more or less south-west from the confluence of Buhot Creek and Tingalpa Creek. Commencing at a point on the Toowoomba-Burnett Highway at Harlaxton between the north-easterly corner of Subdivision 3 of Portion 404 and the south-westerly corner of Resubdivision A of Subdivision 2 of Portion 403, all City of Toowoomba, Parish of Drayton, County of Aubigny, then by that road to cross the southern and western railway lines and thence in a southerly direction by Ruthven Street for a distance of approximately 78 chains to cross North Street and enter Subdivisions 16, 17, 18, 19 and 19 a of Suburban Allotment 18, Parish of Drayton, County of Aubigny. Commencing in Portion 287 on the south-west boundary of that Portion at a point approximately 8*91 chains from the termination of the Unnamed Road abutting on the north-western boundary of that Portion, thence for a distance of approximately 10*83 chains bearing 235 degrees to enter Reserve R.595, all Parish of Taylor, County of Churchill, thence for a distance of approximately 37*08 chains bearing 228 degrees 30 minutes and approximately *88 chains bearing 240 degrees to the western boundary of Reserve R. 595 to enter Portion 182, City of Toowoomba, Parish of Drayton, County of Aubigny, at a point approximately 2*94 chains south of the most easterly point of that Portion, thence for a distance of approximately 46*74 chains through Portions 182,181 and 535, all City of Toowoomba, Parish of Drayton, County of Aubigny, to cross Harvey Street, and thence through Portions 535 and 536 to cross McKenzie Street at a point approximately 5*24 chains south of the north-western corner of Portion 536, and traverse Portion 531 to meet the northern boundary of North Street at a point approximately 9*48 chains west of its intersection with McKenzie Street, thence in a westerly direction along North Street to cross Stuart and Ruthven Streets and enter Subdivisions 16, 17, 18, 19 and 19 a of Suburban Allotment 18, all City of Toowoomba, Parish of Drayton, County of Aubigny. Commencing at a point on the boundary of Portion 181 and Reserve 595 adjacent to the boundary of Portions 181 and 182, City of Toowoomba, then in a south-westerly direction approximately 26 chains to a point at the extreme eastern end of North Street, thence west along North Street to a point approximately 10 chains west of McKenzie Street. T hird S chedule . THIRD SCHEDULE. P art I. suppSlychwedituhleinoDf tihveisimoanxi1m . um prices to be charged by the Authority for Consumers have the option, on application in writing, of being charged on any of the tariffs applicable to their installation. A second option of tariff will not be allowed until a period of twelve months shall have elapsed from a previous change of tariff. Only one tariff under any classification may be selected. Minimum Payments— Tariffs (E), (G), and (H) s d. Per month. . .. .. .. .. 5 0 Other Tariffs .. .. .. .. .. .. 10 0

1952. ELECTRICITY. Southern Electric Authority of Queensland Act. 183 T hird S chedule . (1) T ariff S chedule for G eneral S upply — The following tariffs will apply to all consumers who take, or who, on being so required by the Authority, are prepared to take the whole of their supply at 440/220 volts D.C. and/or 415/240 volts 50 cycle A.C. :— (A) Lighting-Block Rate. Commercial and Industrial — PeNr Uetn. it. Primary Units— d. Up to and not exceeding 500 units per month and pro rata for other periods .. .. .. .. 8*5 Secondary Units— Up to and not exceeding 1,500 units per month, and pro rata for other periods .. .. .. .. 6 Remaining Units .. .. .. .. .. 4*5 (E) Lighting—Rebate Rate, Commercial and Industrial — Per Unit. Primary Units— Net. d. Up to and not exceeding 45 units per kilowatt of Maximum Demand per month, and pro rata for other periods .. .. .. .. .. 11 Secondary Units— Up to and not exceeding 135 units per kilowatt of Maximum Demand per month, and pro rata for other periods -. .. .. .. .. Remaining Units . . .. .. .. .. 4*5 3 Maximum Demand shall be based on a Maximum Demand Indicator reading of not less than 2 amperes. N ote .— Alternating Current Maximum Demand calculated at unity Power Factor. (C) Power and Heating—Block Rate , Commercial and Per Unit. Industrial — Net. Primary Units— d. Up to and not exceeding 20 units per month, and pro rata for other periods .. .. .. .. 4 Next 100 units per month and pro rata for other periods .. .. .. .. .. .. 3*5 Next 500 units per month and pro rata for other periods .. .. .. .. .. .. 3-25 Next 1,000 units per month and pro rata for other periods .. .. .. .. .. .. 2*75 Next 20,000 units per month and pro rata for other periods .. .. .. .. .. .. 2*25 Remaining Units .. .. .. .. .. 1*5

184 T hird S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, (E) Lighting and Power combined — Domestic — Primary Units— Up to and not exceeding 10 units per Residence or per Flat per month and pro rata for other periods Next 20 units per Residence or per Flat per month, and pro rata for other periods .. .. .. Next 150 units per Residence or per Flat per month, and pro rata for other periods .. .. .. Remaining Units .. .. .. .. .. 9 3-5 2 1*4 (F) Lighting and Power combined—Farm — Primary Units— Per Unit, Net. d. Up to and not exceeding 12 units per month, and pro rata for other periods .. .. .. .. 9 Next 120 units per month, and pro rata for other periods .. .. .. .. .. .. 3*25 Next 500 units per month, and pro rata for other periods .. .. .. .. .. .. 2*75 Remaining Units .. .. .. .. .. 2*25 (G) Heating and Steam Raising — (i.) Thermostatically controlled storage" heaters, element not to exceed 60 watts per gallon of heater contents. (ii.) Heating elements of absorption type Primary Units— of refrigerator arranged for manual Up to and not ex­ or thermostatic heat regulation pro­ ceeding 30 units per (a) vided— month, and pro rata Not less than 50 per cent, of f for other periods— Maximum load and rating is for l-5d. per unit net. (b) continuous operation. Thermostat where used does not permit of a variation exceeding Remaining Units— 25 per cent, of Maximum load 1.25d. per unit net. rating. (iii.) Steam raising and approved special industrial heating. ^ (H) LigHhatilnlsg — and Power combined — Churches , Schools , PeNreUt.nit, Primary Units— d . Up to and not exceeding 500 units per month,and pro rata for other periods .. .. .. .. 7 Secondary Units— Up to and not exceeding 1,000 units per month,and pro rata for other periods .. .. .. .. Remaining Units .. .. .. .. .. 4-5 2*5 Alternatively (separately metered)—Commercial Tariffs.

1952. ELECTRICITY. Southern Electric Authority of Queensland Act. 185 T hird S chedule . Tariff applicable to churches, free schools, scouts’ and guides’ quarters, schools of art, drill halls, rural halls, and premises where unemployed or poor are gratuitously catered for and/or accommodated. (I) Demonstrating—Electricity Consuming Devices — Per Unit. Net. d. Provided the ordinary lighting and power is wired to and used through separate meters and paid for at Commer­ cial Tariff .. .. ............................................... 2-75 (2) T ariff S chedule A pplicable to S pecial C onditions of S upply — The following tariffs will apply to those consumers who take or who on being so required by the Authority are prepared to take the whole of their supply at 440/220 volts D.C. and/or 415/240 volts 3 phase 50 cycle A.C. and who notify the Authority of their desire to comply with the conditions hereunder set forth. Conditions of Supply. The consumer shall comply with these and any special conditions that may be necessary in individual cases. The consumer shall when required provide suitable space to be used by the Authority for the purpose of transforming and distributing electrical energy and otherwise for the Authority’s purposes. The Authority shall have the right to lay down therein and/or attach thereto any inward or outward cables. The space shall be clear of obstacles and not require any alterations except those necessary to accommodate the equipment. The Authority shall be at liberty to construct protecting walls or partitions, ventilating ducts, and necessary openings to obtain free access, such access to be available at all times. The entrance shall be large enough to allow the necessary apparatus to be brought in and removed as required. The space shall be of sufficient length, breadth, and height to suit the Authority’s requirements. The tenure of occupation shall be at least twenty-one (21) years irrespective of tariff changes. A nominal rental to be mutually agreed upon and which shall include all rates, taxes, and other charges, will be paid by the Authority to the consumer during such tenure.

186 T hird S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Where the lighting consumption and/or demand in actual kilowatts does not exceed ten per cent, of the power consumption and/or demand in actual kilowatts, the lighting will be included at power tariff, otherwise lighting tariff will apply. Per Unit. (J) Lighting — Block Rate Commercial and Industrial — Net. Primary Units— d. Up to and not exceeding 500 units per month, and pro rata for other periods .. .. .. .. 8*5 Next 1,500 units per month, and pro rata for other periods .. .. .. .. .. .. Next 6,000 units per month, and pro rata for other periods .. .. .. .. .. .. 6 4-5 Next 12,000 units per month and pro rata for other periods .. .. .. .. .. .. 3-25 Remaining Units .. .. .. .. .. 2*25 (K) Lighting — Rebate Rate Commercial and Industrial — Per Unit. Primary Units— 4 Up to and not exceeding 45 units per kilowatt of Maximum Demand per month, and pro rata for other periods .. .. .. .. .. Net. d. 11 Secondary Units— Up to and not exceeding 135 units per kilowatt of Maximum Demand per month, and pro rata for other periods .. .. .. .. .. Remaining Units .. .. .. .. .. 4*5 3 The maximum number of secondary (4*5d.) units shall be 9,000 per month. N ote . —Alternating Current Maximum Demand calculated at unity Power Factor. (L) PowInedrusatrniadl — Heating—Block Rate Commercial and PeNreUt.nit. Primary Units— d. Up to and not exceeding 20 units per month, and pro rata for other periods .. .. .. .. Next 100 units per month, and pro rata for other periods .. .. .. .. .. .. Next 500 units per month, and pro rata for othei periods .. .. .. .. .. .. 4 3*5 3*25 Next 1,000 units per month, and pro rata for other periods .. .. .. .. .. .. Next 9,000 units per month, and pro rata for other periods .. .. .. .. .. .. Next 48,000 units per month, and pro rata for other periods .. .. .. .. .. .. Remaining Units .. .. .. .. .. 2*75 2-25 1*5 1*25

ELECTRICITY. 1952. Southern Electric Authority of Queensland Act. (N) Heating and Steam Raising — (i.) Thermostatically controlled storage heater element not to exceed 60 watts per gallon of heater contents (ii.) Steam raising and approved Special Industrial Heating .. .. .. .. .. .. .. v Minimum payments—10s. per month. 1*25 1*25 187 T hird S chedule . P art II. fporricseusTphapeslyma , raesuxcibmhjeaucrmgteidnproeiracecchshactoragsbeeeatboclheaanwrgiaethddidnwitiiDothniviniosfiDo 1 in 0 vips 1 eiorfoncre 2 nthta . eretimthee bseaimnge P art III. Tariffs Applicable to Special Consumers Only . Metered Supply— Brisbane and South Coast Hospitals Board, Gatton Agricultural High School and College, Gympie Hospital Board, Ipswich Hospital Board, and approved one meter Installations— First 500 units, per month, at 7d. per unit net. Next 1,000 units, per month, at 4*5d. per unit net. Next 12,000 units, per month, at 2.5d. per unit net. Next 48,000 units, per month, at 2.25d. per unit net. Remaining units, per month, at 1.5d. per unit net. Plus 10 per cent, in Division 2. Stanley River Works Board, Somerset Dam— All consumption, at 2.25d. per unit net. Railway Department (Railway Station Loading)— 4*5d. per unit net. Plus 10 per cent, in Division 2. Government Buildings, George and William Streets, east of Queen Street— First 10,000 units, per month, at 4*5d. per unit net. Remaining units, per month, at 3-5d. per unit net. Public Lighting (metered)— Brisbane City Council, all consumption at 4*5d. per unit net. Unmetered Supply— Temporary Lighting— 2s. 3d. per amp. per night net. Plus 10 per cent, in Division 2. Brisbane City Council— Transformer 120W.—at £5 17s. per annum net. Transformer 60W.—at £3 6s. per annum net. Transformer 300W.—at £15 5s. per annum net. Department of the Navy— Transformer 150 W.—£7 per annum net.

188 T hird S chedule . ELECTRICITY. Southern Electric Authority of Queensland Act. 1 E liz . II. No. 50, Flood and Beacon Lights— Harbours and Marine Department— Beacons—2-100 CP—At £13 13s. per beacon per annum net; 6-200 CP—At £25 7s. 6d. per beacon per annum net; 5-100 CP—At £10 18s. 9d. per beacon per annum net; 1-250 Watts—At £31 6s. per beacon per annum net. Royal Queensland Yacht Club— Leading Lights 2-100 Watts at £13 13s. per light per annum net. Brisbane City Council— Navigation Lights, Victoria Bridge—7-60 Watts at £4 5s. per light per annum net. Department of Public Works—3-200 CP at £14 per light per annum net. Sewer Gauge—Installations— Brisbane City Council—5 at £2 per gauge per annum net. Safety Zone Lighting— Brisbane City Council— 1 Zone 900W at £4 15s. per month net. 1 Zone 1,200W at £6 5s. per month net. 1 Zone 1,500W at £6 15s. per month net. 1 Zone 1,800W at £9 2s. 6d. per month net. Telephone Cabinets—Lighting— 15-Watt lamp at £1 19s. per annum net. Plus 10 per cent, in Division 2. Warning Signs—Lighting— Metropolitan Fire Brigade Board— 3 Signs at 19s. 6d. per sign per annum net. Brisbane City Council— 1 Sign at £3 5s. per sign per annum net. Main Roads Commission— Jubilee Bridge, Southport— 2-25 watts at £12 10s. per light per annum net. Private Street Lighting— Mr. A. E. Roberts, Ipswich—£15 per annum net. Postmaster-General’s Department— Redland Bay-Russell Island Link at £5 per annum net. Harbours and River Department— Dry Dock— First 600 units, per month, at 3*75d. per unit. Next 1,200 units, per month, at 2-5d. per unit. Remaining units, per month, at l-5d. per unit. Less 10 per cent, discount. Nambour-Yandina Fire Brigade Board— Siren and 25W. Cont. Light—£5 5s. per annum net. P art IV. btwoeit 1 ha 9 sT 5 thhd 2 eee .” tmperramoxviinimseidounmbsyportfihce “ esCTthooembmeSticashstaeiorgnEeldferfcootmrricsitutiymppeClyotomtomtipmiussebiloiincn lAaamccctpso,srds 1 ah 9 na 3 cl 7 el

1952. ELECTRICITY. Southern Electric Authority of Queensland Act. 189 F ourth S chedule . FOURTH SCHEDULE. Table of Depreciation. First Column. Second Column. Third Column. Class of Work. Rate per centum per annum on Initial Value. Percentages of Original Book Cost. Residual Values. Plant and Machinery—Gene­ rating Station .. .. 5 Plant and Machinery—Sub­ stations .. .. .. 4 Testing instruments .. .. 4 Buildings—Other than Residences 2 Overhead electric lines and services .. .. .. 2 Underground electric lines and services .. .. .. 2 Public Lighting .. .. .. 4 Meters .. .. .. .. 4 Furniture, fixtures and fittings 5 Motors .. .. .. .. 3 Motor vehicles .. .. .. 20 Other vehicles .. .. .. 5 Electric locomotive .. .. 5 Electric equipment .. .. 5 Railway tracks and waggons, &c. .. .. .. 1 Land .. .. .. .. Nil Leases .. .. .. .. Proportional part of any premium paid. Buildings—Residences .. 3 Radio Communication System 10 Plant and Equipment—Trading 5 Plant and Equipment—Power Driven—Farm .. .. 10 Plant and Equipment—Other than Power Driven—Farm 5 Water Supply—Farm .. 5 10 10 10 20 10 10 10 10 10 10 20 10 10 10 10 Nil 20 10 10 10 10 10 Any other works .. .. Rates to be agreed Percentages to be upon between agreed upon be- the Commission tween the Com- and the mission and the Authority Authority