State Development and Public Works Organisation Act of 1938 (2 Geo Vi No. 3) (Qld)

WORKS. 2 GEO. VI. No. 3,1938. SfJate Development and Public Works, Etc., Act. 17365 An Act to Provide for Improving the General 2 GEO. VI. Economic Welfare of the State and for the DT E H V ~ E o L · O S P T M ~ E T N E T Encouragement of Employment Generally by AN~~ ~ LIC Provl . dI . ng for an Orderly P 1 anne d System 0 f O A R C G T A O N F ISA 1 T 93 IO 8 N . Public Works and Constructional Utilities by Means of the Marshalling and Co-ordinated Organisation and Control thereof, and for other purposes. [ASSENTED TO 22ND SEPTEMBER, 1938.] W HEREAS for the peace, welfare, and good govern- Preamble. ment it is considered necessary, in the direction ()f improving the general economic welfare of the State ~ nd in the direction of encouraging of employment generally, that provision be made for an orderly planned system of public works and constructional utilities and matters appertaining thereto by means of the marshalling and co-ordinated organisation and .control thereof- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament ~ ssembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The State Development Short title. and Public Works Organisation Act of 1938." 2. This Act shall come into operation on the first day of January, one thousand nine hundred and thirty- ~ ~ ~rde. nine, and shall subject as hereinafter provided continue operation in force for seven years from that date: of Act. Provided that the Governor in Council may from time to time, if in his discretion he thinks fit, by Order in Council published in the Gazette, extend the provisions of this Act for such period or periods (not exceeding in respect of anyone such period the term of seven years) as shall be expressed in such Order in Council : Provided further, that any order of any court or Order in Council or direction of the Co-ordinator-General shall be operative and of full force and effect to the extent of such order or direction, notwithstanding the expiration of this Act at any prescribed period.

17366 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3. Interpreta- 3. In this Act, unless the context otherwise indicates~ tion. the following terms have the meanings set against them respectively, that is to say :- Co-ordina- tor-General of Public Works or Co-ordina- tor·General. "Co-ordinator-General of Public Works" or " Co-ordinator-General "-The Co-ordinator- General of Public Works appointed under this Act: the term where necessary, includes the Deputy Co-ordinator-General of Public Works and any person for the time being performing the duties of the Co-ordinator- General; Local authority. "Local authority"-A local authority constituted under the Local Government Act: the term also includes Brisbane City Council; Local body. "Local body"-Any local authority, corporation or board constituted or appointed under the authority of an Act and charged with the collection or administration of moneys for any purpose of local concern: and generally the term" local body" includes any local body within the meaning of *"The Local Bodies' Loans Guarantee Acts, 1923 to 1936," or deemed to be a local body under such Acts by any statute or law; Local Government Act. "Local Government Act"-t"TheLocal Government Act of 1936" and any Act amending or in substitution for this Act: the term also includes t"The Oity of Brisbane Acts, 1924 to 1937," and any Act amending or in substitution for those Acts; Minister. " Minister "-The Chief Secretary or any other Minister of the Crown for the time being administering this Act; Officer of the Public Service. " Officer of the Public Service"-An officer of the Public Service: the term also includes any officer whose salary or other emolument is or shall be provided for or paid out of any annual or special or permanent appropria- tion of the Consolidated Revenue Fund or the Loan Fund Account or any Trust or Special Fund created or to be created by any Act or law; * 14 Geo. V. No. 8 and amending Act, supra, pages 10693 et seq. t 1 Geo. VI. No. 1, supra, page 16035. t 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et eeq.

WORKS. 17367 1938. State Development and Public Works, Etc., Act. " Person 'l-Includes any officer in any Person. Department, sub-Department, branch or section of the Government of Queensland and any Crown corporation or Crown instrumentality, and any local body, society or institute, and any company, corporation, partnership or firm or body of persons corporate or unincorporate; ~ ' Prescribed" - Prescribed by this Act; Prescribed. ~ ' Public Service"-Includes any Department, Public sub-Department, branch or section of the Service. Public Service, or any Crown corporation or Crown instrumentality or Minister representing the Crown, or any Department or office in respect of which appropriations out of the Consolidated Revenue Fund or the Loan Fund Account or any Trust or Special Fund are made or to be made; ., Regulations"-Regulations made under the Regulations. authority of this Act; " Secretary"-The Secretary to the Co-ordinator- Secretary. General or any officer for the time being performing such duties; "This Act"-This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder ; " Works or projects"-In reference to the Crown Works or Crown corporation or Crown instru- or projects• .mentality means any works of whatever nature which the Crown or Crown corporation or Crown instrumentality is authorised or may be authorised to construct, including any extensions of or additions to any works, including existing works. In reference to a "local body" means any works of a public nature such as roads, bridges, sewerage works, waterworks, irrigation works, provision for water, gas, electricity, transport, or any undertaking or service which the local body is authorised to construct or undertake, including any extensions or repairs of or additions to works including existing works: the term also includes any works which the Co-ordinator- General determines shall be "works" for the purposes of this Act.

17368 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3, Administra- 4. This Act shall be administered by the tion of Act. Co-ordinator-General of Public Works subject to the Minister. Appoint- 5. The Governor in Council mav from time to time morednintaotforC-o- for the purposes of this Act by co'inmission under his. General. hand and the Public Seal of the State appoint a person to be the Co-ordinator-General of Public Works, herein referred to as " the Co-ordinator-General." Such person may be appointed Co-ordinator-General in conjunction with the office (if any) he may presently or may at any future time hold in the Public Service. There shall be payable to such Co-ordinator-General such salary (or in the case of holding such office in conjunction with any office he may hold in the Public Service such additional salary) as the Governor in Council may think fit. Appoint- 6. The Governor in Council may also in like mDeepnut toyfCo- manner appoint another person to be Deputy ordinator- Co-ordinator-General of Public Works who shall, in General. the event of the illness or absence of the Co-ordinator- General, have and exercise all the powers, functions,. and authorities and perform all the duties of the Co-ordinator-General, and shall be deemed to be the Co-ordinator-General. Such Deputy Co-ordinator-General shall receive such remuneration or, as the case may be, such additional remuneration for his services as the Governor in Council may think fit. Tenure. 7. (1.) The Co-ordinator-General and the Deputy Co-ordinator-General shall respectively hold office for such period as shall be indicated in the commissions appointing them, but each of them shall be eligible for reappointment for any further period prescribed by his commission of reappointment. Suspension (2.) The Co-ordinator-General or Deputy Co- arenmdoval. ordinator-General may be suspended from office by the Governor in Council, but shall not be removed from office except as hereinafter provided. If the Co-ordinator-General or Deputy Co-ordinator- General is so suspended the Minister shall cause to be laid before the Legislative Assembly a full statement of

WORKS. 17369 1938. State Development and Public Works, Etc., Act. the grounds of such suspension within seven days there- after, if the Legislative Assembly is in session, or, if the Legislative Assembly is not in session within seven days after the commencement of the next ensuing session of the Legislative Assembly. The Co-ordinator-General or Deputy Co-ordinator- General so suspended shall be restored to office unless the Legislative Assembly within twenty-one days from the time when such statement has been laid before it declares by resolution that the Co-ordinator-General or, as the case may be, the Deputy Co-.ordinator-General ought to be removed from office; and if within the said time the Legislative Assembly so declare, the Co- ordinator-General or, as the case may be, the Deputy Co-ordinator-General shall be removed by the Governor in Council accordingly. (3.) The Co-ordinator-General or the Deputy Office, how Co-ordinator-General shall be deemed to have vacated voathceartwedis. e his office- (a) If he is an uncertificated or undischarged bankrupt; or (b) Is an insane person within the meaning of the laws in force for the time being relating to insanity; or (c) If being in any way concerned or interested in any contract or agreement made for the . purpose of giving effect to this Act he in any wise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom. 8. The Governor in Council may appoint an officer Secretary. of the Public Service to be the Secretary to the Co-ordinator-General, who may hold such office in conjunction with the office he presently holds or may at any future time hold in the Public Service. Such Secretary shall receive such remuneration or, as the case may be, such additional remuneration for his services as the Governor in Council may think fit. The Secretary shall perform such duties as may be d~ ected by the Co-ordinator-General or as may be prescribed.

17370 WORKS. State Development and Public Work8, Etc., Act. 2 GEO. VI. No. 3,. o S rcdoeprely 0 f progr 9 a . mWmieth 0 f apubvlil'eCwwotorks eannadblicnognstarucctlo. Omnpa1reuhteI' n1" Istilevse· ~la~ ing and for the development of the State to be co-ordinated, X: : : t~ P' regulated, and controlled, it is hereby declared that regard shall be had to the following considerations, namely;- (i.) The orderly arrangement of a general programme of public works and/or con- structional utilities for the period within which this Act shall in the first instance be in force, or for any further period in respect of which this Act may from time to time be extended; (ii.) The creating of additional means or methods of employment. generally; (iii.) The progressive restoration of persons in part-time employment to the status of full- time employment on full-time wages; (iv.) The maintaining of persons in full-time employment on full·time wages; (v.) The maintaining of continuity of work in the various parts of the State on a basis of reasonable uniformity; (vi.) The provision of ways and means whereby finance in respect of works and the creation of works may be spread over the State in equitable proportions, with a view to meeting any fluctuations of financial and general economic conditions; (vii.) The allocation on terms more advantageous to the welfare of the State generally of finance by way of loans and other funds· amongst the Public Service and local bodies generally; (viii.) The general examination and review of larger development works and projects with a view to a selection being made by the Governor in Council of any project or projects which, while conferring the greater advan- tage in aid of the general employment position of the State, will contain also the greater degree of possibility as a productive work or works;

WORKS. 17371 1938. State Development and Public Works, Etc., Act. (ix.) The establishment of a co-ordinated policy of inter-Departmental relationship as amongst the various Departments of the State, and/or with local bodies generally with a view to- (a) The securing of a greater measure of co-ordination and co-operation in general works and constructional activities, (b) The evolving of schemes for providing employment and/or improving the general economic welfare of the State, (c) The minimising or avoiding of duplication or overlapping in the services of the Government and local bodies generally, (d) The securing of a fair return for the public expenditure on works generally; (x.) Generally securing the co-operation and assistance of industry carried on otherwise than by Governmental or local bodies in the direction of aiding the general employment position in the State. In this section the term "works" shall include such works as have or are being or are proposed to be constructed by any Department of the State or Crown corporation or Crown instrumentality or by any local body. 10. It shall be the general duty of the Co-ordinator- Functions J!t General to take steps and measures and devise means of e ~ o­ and give directions whereby the programme of works ~ en~ : al~ r­ and constructional utilities for the development of the State in accordance with the considerations hereinbefore set forth in section nine and in accordance with the provisions of section twelve hereof shall be co-ordinated, regulated, and controlled. In addition to the general duty of the Co-ordinator- General as above provided, he shall have such other powers, duties, and responsibilities as the Governor in Council may from time to time determine. 11. The Governor in Council may from time to Power of . ID time on the recommendation of the Minister by order g~ : ~ oi~ direct that any officer of the Public Service act with respect of. or in aid of the Co-ordinator-General in the performance ~1!~ecictIDg of his duties, and any such officer shall so act and place ordinat?r- his services at the disposal of the Co-ordinator-General Generalt accordingly.

17372 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3, The Governor in Council may in any like manner appoint any other person to act with or in aid of the Co-ordinator-General in the performance of his duties, and there shall be payable to such person such salary (or in the case of his holding such office in conjunction with any other office he may hold such additional salary) as the Governor in Council may think fit. Minister 12. The Minister may for the purposes of this Act ~ ay require at any time direct the Co-ordinator-General to prepare o~ dmator- a plan for the orderly carrying-out of a programme of \0 Gebe~ al works for the State or any part thereof for the period or : ~ r mlt p an any portion thereof within which this Act shall in the orfgariisksation first instance be in force, and for any subsequent period o wor . or perlO • ds as the case may be. The Co-ordinator-General shall thereupon prepare a provisional plan and for that purpose may require any person to furnish information on oath or otherwise as to the subject-matter of the plan or as to the necessity or desirability in the public interest of effect being given thereto or to any of the proposals contained therein. On submission to him of a provisional plan by the Co-ordinator-General the Minister may give public notice in the Gazette or in such other manner as he deems appropriate of the material proposals contained in the plan and shall give special notice to any person as in his opinion will be directly affected thereby if and when such plan is brought into operation. Any recommendations or objections that may be received to the provisional plan shall be referred to the Co-ordinator-General for consideration and the Co-ordinator-General may thereupon modify or extend or alter the plan as he thinks fit, and shall submit the same to the Minister with his recommendations. For the purpose of bringing into effective operation any plan prepared as aforesaid and approved by the Governor in Council and of carrying out such plan, the Governor in Council may make such Orders in Council and/or regulations as may be necessary therein. Any such plan shall be in accordance with the various considerations as set forth in section nine of this Act.

1938. WORKS. State Development and Public Works. Etc., Act. 17373 13. For the more effectually performing his Co-operation functions, powers, and duties the Co-ordinator-General ' 1i! . : ~ au may, with the approval of the Minister and shall if~ nd us ry so directed by the Minister, co-operate with the Bureau OfCf%oration Industry constituted under *"The Bureau of Industry ~ ure: u of Acts, 1932 to 1934," and the said Bureau (including any ~ ura~ Board constituted under such lastmentioned Acts) m: ~~. op­ shall co-operate with and aid the Co-ordinator-General in the due administration of this Act. The Government Statistician shall prepare and make available to the Co-ordinator-General such statistical or other information as he may require. The Co-ordinator-General shall in like manner co-operate with the Corporation of the Bureau of Rural Development constituted pursuant to t"The Rural Development Transfer and Co-ordination of Powers Act of 1938," and the said Corporation shall co-operate with and aid the Co-ordinator-General in the administration of this Act accorrungly. 14. It is also hereby declared that every Co- . D~ partment of the State or the Public Service and every ~ : ~ atlOn Crown corporation and every Crown instrumentality Departments a;n.d every local body shall, subject to the approval offf S: ~e~ :: the Minister, co-operate with the Co-ordinator-General in c~ :ere~ ces. the carrying-out of this Act. And without limiting the generality of this provision the Co-ordinator-General shall have full power and authority to consult with and make use of the services of any officer of a Department of State or the Public Service or a.Crown corporation or Crown instrumentality or any officer of any local body on the matters generally embraced within the purview of this Act, and without limiting such generality in respect of any works constructed, in course of construction, or about to be constructed. And it shall be the duty of any officer of such Department of State or the Public Service or Crown corporation or Crown instrumentality or any officer of such local body to make himself available for consultation with and to place himself at the disposal of the Co-ordinator-General and to assist him whether * 23 Geo. V. No. 25 and amending Acts, supra, pages 14214 et 8eg. t 2 Geo. VI. No. 4, 8upra, paRe 16904.

17374 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3, by statistical, technical, financial, or other information whatever which may be necessary for the information or assistance of the Co-ordinator-General in the administration of this Act. Moreover the Co-ordinator-General shall have full power and authority to convene any conference with officers whether of a Department of State or the Public Service or.a Crown corporation or Crown instrumentality and/or with officers of any local body or bodies for the purpose of discussing any works whether constructed or in course of construction or proposed to be constructed, and any such officer shall when requested so to do be required to attend any such conference accordingly. :Submission 15. Any Governmental Department or Crown '?ff t. corporation or Crown instrumentality or any local body p In laonrsm, & a c lO . n, S ha11 be and· IS h ereby reqU.lred to furru. sh at t he request of the Co-ordinator-General all such general information, particulars, plans, estimates, financial reports, and such matters and things in respect of works constructed or under construction or to be constructed as the Co-ordinator-General shall require. Inquiry by Co- {)rdinator- General. 16. For the purposes of carrying out the objects of this Act the Co-ordinator-General shall have power and authority to institute and either on his own motion or at the request of the Minister any inquiry into any act, matter, or thing, including any projected works which may be deemed necessary or desirable for the purposes of this Act. Power of ,delegation. 17. (1.) For the purposes of carrying out the objects and purposes of this Act, and his powers, duties, and responsibilities thereunder, the Co-ordinator-General, with the approval of the Minister, is hereby authorised to delegate to any committee, board or individual person any of his powers, duties and responsibilities, and may require such committee, board or person to submit such reports as may from time to time be required. ~ ~dmator- (2.) For the purposes of this Act the Co-ordinator- General General or a committee or board or person to whom daenldegaantyed the Co-ordinator-General, with the approval aforesaid, or has delegated the conduct of any inquiry or investigation, ~ a e u r th so o n ristoedbe sohfa * ll "T b h e e de O e f m fic e i d al to In b q e uir a ie c s om E m vid is e s n io ce n A w c i t t s h , in19t1h0e to me 1 a 9 n 2 i 9 n , g " commission. * 1 Geo. V. No. 26 and amending Act, supra, pages 748 et seq.

WORKS. 17375 1938. State Development and Publi,c Works, Etc., Act. and all the powers, authorities, jurisdiction, and protection afforded by that Act shall apply and extend to the Co-ordinator-General, the committee or board, or to any person to whom the Co-ordinator-General has delegated the conduct of any inquiry or investigation as aforesaid. (3.) A delegation may be made in respect of any particular matter or of any class of matters or generally, or may be limited to any part of the State, and may be subject to or on such terms and conditions as the Co-ordinator-General thinks fit. (4.) Every delegation under this section shall be revocable at the will of the Co-ordinator-General, but no delegation shall prevent the exercise of any power, duty, function or authority by the Co-ordinator-General himself. 18. The Co-ordinator-General shall make inquiry ReI?ort on and report to the Governor in Council in respect of any proJects. scheme or project for the purpose of encouraging employment generally within the State, and moreover may if requested so to do make inquiry, report, and recommendation to the Governor in Council as to any grant or loan proposed to be made by or guaranteed by the Governor in Council to a local body, including terms, provisions, and conditions of such loans and/or guarantee. 19. The Co-ordinator-General shall submit to the Recom- Minister any recommendation he may see fit to make mendations. on any act, matter, or thing within the purview of this Act or which may aid in its operation. 20. (1.) If at any time the Co-ordinator-General When works shall recommend to the Minister that works of the nature : Jer~ ~ to be recommended by the Co-ordinator-General should in the undertaken. public interest and for the general welfare, and in the direction of aiding the employment position generally, be undertaken by any local body in any area or sphere under its jurisdiction, the Minister shall submit such recommendation to the Governor in Council accordingly. And the Governor in Council if satisfied that it is in the public interest and for the general welfare that such works should be performed by such local body shall order such local body to carry out such works. Q

17376 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3, And moreover if the nature of such works demands the carrying-out of the works by more than one such local body, the Governor in Council may by the same order or by a subsequent order direct the part of the works to be carried out by each local body concerned or may direct that the whole of the works shall be carried out by one such local body, and may apportion the cost of such works amongst the local bodies concerned in such shares as he shall deem just. In the carrying-out of any such works as aforesaid the local body concerned shall consult with the Co-ordinator-General. All local bodies shall and are hereby required to conform to any order or direction of the Governor in Council or the Co-ordinator-General given pursuant to this section. Any Order in Council may prescribe the time within which any such works or, as the case may be, any part of such works are or is to be commenced and the time allowed for the completion of the same: Provided that the Governor in Council may by Order in Council extend the period within which any such works or part of the works so directed to be carried out by a local body shall be commenced or completed. Loans to . (2.) For the purpose of enabling any local body to Local bodies. conform with any such order as aforesaid such local body shall have power to borrow money from the Treasurer or pursuant to the provisions of *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," and no poll as to whether or not the electors of any local body concerned consent to the obtaining of any such loan shall in any case be required. ~ epresenta. (3:) Before the making of any such order as aforesaid ~ lOni ~ ~ . the Governor in Council may have regard to any oca leB. representations which any local body concerned shall submit. Local body (4.) If the Governor in Council on the report of the in default. Co-ordinator-General is satisfied that any local body has made default in commencing or carrying out any works or part of any works ordered under this Act to be commenced or carried out by it the following provisions shall ensue :- Order of Governor in Council. (i.) The Governor in Council may notify such local body that within a time to be specified in the notice (not being less than twenty-one * 14 Geo. V. No. 8 and amending Act, supra, pages 10693 et seq.

1938. WORKS. State Development and Public Works, Etc., Act. 17377 days) he will authorise the Co-ordinator- General or the Bureau of Industry or the Works Board within the meaning of *"Tlte Bureau of Industry Acts, 1932 to 1934," or any other Board appointed or to be appointed under such lastmentioned Acts to commende and/or carry out and complete the work 6r the part of the work for and on behalf of the local body so in default and as its irrevocable agent. (ii.) Aapploecaa 1 l t b 0 odthye sGo onvoertinfoierd I . II asCoaufonCrel ·1 saiadgamm . asyt lAopcapleablobdyy. the exercise by him of the authority conferred upon him by paragraph (i.) of this sub- section by notice in writing to the Governor in Council before the expiration of the period upon the expiry of which he has notified his intention to exercise such authority. The Governor in Council shall have power to delegate the hearing of any such appeal to such committee, person, or tribunal as he shall appoint. The delegate of the Governor in Council shall for the purposes of hearing and determining the appeal have all the powers, authorities, jurisdiction, and protection of a commission within the meaning of t"The Official Inquiries Evidence Acts, 1910 to 1929": Provided that the decision of the delegate shall be referred to the Governor in Council and may be adopted by him with or without modification. (iii.) Upon the expiration of the period upon the Power of . eXpI.rY 0 f wh· 10 h h e has notI· fied h· IS I.nt ent·IOn CGoouvnecrinl otorm to exercise the authority conferred upon him auth~ rise by paragraph (i.) of this subsection, or upon ~ ~ 70~ ton the determination of an appeal made to him within such period if such appeal has been so made, the Governor in Council may by Order in Council authorise any person or body specified in the notice given to the local body pursuant to paragraph (i.) of this subsection to commence and/or carry out and complete the works concerned. * 23 Geo. v. No. 25 and amending Acts, 8upra, pages 14214 et 8eq. t 1 Geo. V. No. 26 and amending Act, supra, pages 748 et seq.

1'13'18 Payment of costs, &c., by local body. Recovery of costs, &0. Appoint. ment of Board. WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No.3~ (iv.) All costs, charges, and e~ penses incurred by the person or body so authorised in the execution of such Order in Council shall be paid by the local body concerned. Moreover the person or body so authorised shall for the purposes of executing such order have and may exercise for and on behalf of and as the agent of such local body all the powers conferred upon local bodies under this Act with respect to borrowing money, and the costs, charges, and expenses incurred with respect to any such borrowing shall be included in and form part of the costs, charges, and expenses of the execution of the order and shall be paid by the local body concerned accordingly. (v.) Costs, charges, and expenses payable by a. local body under this subsection shall be paid to the Treasurer at such times and in such instalments as he shall from time to time order. A copy of the order so made by the Treasurer may be filed in the office of the Registrar of the Supreme Court and may thereupon be enforced in the same manner as if the same were a judgment of that court, and the certificate of the Treasurer that any amount of costs, charges, and expenses so ordered to be paid are dulypayable bythe local body and that the local body has failed to pay the whole or, as the case may be, any part thereof shall be filed with such order, and shall until the contrary is proved be sufficient evidence of the facts certified to therein. (vi.) For the purpose of authorising the commencement and/or carrying.out and/or completion of any works or any part of any works under paragraph (iii.) of this subsection the Governor in Council may by the Order in Council granting the authority~ or by a prior or subsequent Order in Council~ appoint a Works Board consisting of such persons as shall from time to time be named in the Order in Council.

WORKS. - ~ -- ~ - - - - - - - - 1938. State Development and Public Works, Etc., 4ct. . A Works Board so constituted shall in relation to the commencement· a~ nd/ or carrying-out and completion of such works be and be deemed to be the Works Board within the meaning of *"The Bureau of Industry Acts, 1932 to 1934," and shall be and be deemed to be a Crown corporation having and exercising the powers, authorities, and jurisdiction of the Bureau of Industry in or about the construction and general supervision of such works and having and exercising the powers, authorities, and jurisdiction as constructing authority accordingly similar to those of the Bureau of Industry, and *"The Bureau of Industry Acts, 1932 to 1934," shall apply and extend accordingly. 21. The Governor in Council may from time to Power to time upon the recommendation of the Co-ordinator- porodset- r . General order that works to be carried out by any local pone~ entl of body in any area: shall be postponed for such ~ eriod ~ ~ ; : ~ as may be specified so that as far as practICable employment in the locality in question shall be uniformly spread therein throughout the year. 22. The Industries Assistance Board (being the Works Bureau of Industry) constituted pursuant to t" The under . Industries Assistance Acts, 1929 to 1933," shall collaborate i~ ~ ~ ~ ~ ~ ! with the Co-ordinator-General in respect of any Acts. application made under such Acts by any corporation to which the same apply for financial assistance thereunder in respect of the assistance to any industry within the meaning of such Acts. 23. (1.) Subject to this Act, the Co-ordinator- Information General by his Secretary or other authorised officer may ! ~ : ~ ied. require any person to supply him with such statistical or other information as he may from time to time require for the purposes of this Act. (2.) For the purpose of collecting any information for the purposes of this Act the Co-ordinator-General by his Secretary or other authorised officer may prepare and make available to such persons who may be required to furnish such information, by delivery or in such manner as he thinks fit or as may be prescribed, any forms prescribed for procuring such information in order that such forms may be filled up by such persons and returned to him. * 23 Geo. v. No. 25 and amending Acts, 8upra, pages 14214 etseq. t 20 Geo. V. No. 16 and amending Act, 8upra, pages 12492 et seq.

17380 WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3, (3.) Every person shall to the best of his knowledge and belief answer all questions asked him by the Oo-ordinator-General or by his Secretary or authorised officer necessary to obtain any information authorised by this Act to be collected, and on request shall furnish any information (written or oral) required for the purposes of this Act. AoBfupprtheliaecuatoifon Indu ( s 4 tr .) y T A h c e ts, pr1o9v3i2sio to ns1o9f3P4,a"rtasIVt. ootfh * e " f T u h rn e is B h u in re g au an o d f AIncdtsu. stry tchoellreecttoinsghaolfl, s m ta u ti t s a t t i i c s s m a u n t d an p d r i o s c , eedxutreengdeannedralalpypilny rteogtahred furnishing of or failure to furnish information to the Oo-ordinator-General under this Act, and to the intent that for the word" Bureau" the word" Oo-ordinator- General" shall be substituted and the said Acts and this Act shall be read and construed accordingly. Failure to furnish information. 24. Any person who- (a) Refuses or wilfully neglects to fill up or cause to be filled up a form prescribed or made available to him under this Act; (b) Inserts or permits to be inserted in such form any information known by him to be false; (c) Refuses or wilfully neglects, within the time prescribed, to return the form duly filled up to the Co-ordinator-General or the Secretary or to any person authorised by the Co-ordinator-General to collect or receive the same; (d) Hinders or obstructs the Co-ordinator-General or the Secretary or any person acting under the authority of the Co-ordinator-General in the execution of any power or duty conferred or imposed by this Act, shall be liable to a penalty not exceeding twenty pounds. Upon the conviction of any person for any offence against this section, the court shall order such person to furnish such form with the required information contained therein as may be required by this Act within a time specified in such order, and any person who fails or neglects to duly comply with such order shall be guilty of an offence, and shall be liable to a penalty of not less than five pounds nor more than fifty pounds. * 23 Oeo. V. No. 25 and amending Acts, BUpra, pages 14214 et seq.

WORKS. 17381 1938. State Development and Public Works, Etc., Act. 25. Any person who by any act or default contra- Offences venes or fails to comply with any provision of this Act, ag~inst or delays or obstructs or hinders the doing of any act thlS Act. required by this Act to be done, whether by himself or by any other person, or who aids, abets, counsels, or procures any other person to so contravene or fail to comply with any such provision, or who attempts in any wise so to do shall be guilty of an offence against this Act. Any person guilty of an offence against this Act shall, unless some other penalty is imposed in that behalf, be liable to a penalty not exceeding one hundred pounds. If such person is a company, the individual person guilty of the offence, and also the managing direptor or other manager in Queensland of the company who knowingly permits the commission of the offence, shall each of them be liable to the like punishment. 26. All offences against this Act shall be heard and Reco~ ~ ry of determined, and all penalties (including any costs and pena ttes. expenses ordered by the court to be paid pursuant to this Act) shall be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1932." 27. In addition to and without in any way limiting General the powers of the Governor in Council or the Minister or powers. the Co-ordinator-General under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to safeguard the requirements and well- being of the people and to give full effect to the objects and purposes of this Act. And every such order, direction, and rule shall have the force of law and shall be obeyed. 28. (1.) Any Order in Council made under this Act Order~ in may be of general application or refer to certain classes CounCll. of cases or to any particular case. (2.) The Governor in Council may by another Order in Council amend or rescind any Order in Council. 29. All expenses of carrying this Act into execution Exp~ ~ ses of shall be paid out of moneys to be from time to time ~ = ~ rustfa. appropriated for the purposes. 30. (1.) The Governor in Council may from time Regulations. to time make such regulations providing for all or any purposes, whether general or to meet particular cases, * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

WORKS. State Development and Public Works, Etc., Act. 2 GEO. VI. No. 3,1938. as may be convenient for the administration of this Act, or as may be necessary or expedient to carry out the objects and purposes of this Act. , Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the following matters:- (a) Prescribing all things, including any forms which by this Act are permitted to be pre- scribed or which are necessary or convenient to be prescribed for giving effect to this Act; (b) Prescribing penalties for offences against the regulations not exceeding in any case the . sum of fifty pounds. (2.) All such regulations may be made upon the passing of this Act. . Effect of publication in the Gazette of Proclama- tions, &c. 31. (1.) All Proclamations, Orders in Council, and regulations made or purporting to be made under this Act shall be published in the Gazette and shall upon such publication be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such Proclamation, Order in Council, or regulation shall be eonclusive evidence of the power and authority to make t3ame and of all matters contained therein. ~roclama. (2.) All such Proclamations, Orders in Council, and I ~ n Io C ns, Or?erR regu o lations u shall be n laid bef c ore Par I liamen l t for , thwi ' th and. if then sitting; and, if not then sitting, within fourteen ~ ~ gb! , at~ i3s days after the commencement of the next ensuing before session. Parliamen~ . If t he LegI. s I atI . ve Assembly, W.Ith· III t he next . ~ (." our t een sitting days after any Proclamations, Orders in Council, or regulations have been so laid before such House, resolves that such Proclamations, Orders in Council, and regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Proclamations, Orders in Council, or regulations or to the making of any new Proclamations, Orders in Council, or regulations. . For the purpose of this section the term "sitting days'" shall mean days on which the House actually sits for the despatch of business.