State Electricity Commission Act of 1937 (1 Geo Vi No. 26) (Qld)

ELECTRICITY. 1 GEO. VI. No. 26,1937. State Electricity Commi.s.sion Act. 16505 ELECTRICITY. An Act to Constitute an Electricity Commission for the State of Queensland, and for other purposes. [ASSENTED TO 25TH NOVEMBER, 1937.] 1 Geo. VI. No. 26. THE STATE ELECTRICITY COM:I'[ISSION ACT OF 1937. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembl(·d, and by the authority of the same. as follows:- ~ : l. (1.) This Act may be cited as "The State Short title Electricity Oommission Act of 1937," and shall, except as :~ ! mence. otherwise provided, come into operation on a date to be ment. proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. (2.) This Act shall where necessary be read and C;onstruc. construed as one with t" The Electric Light and Power tlOn of Act. Acts, 1896 to 1934," as amended by this Act, which Acts as so amended are collectively referred to as "The Electric Light and Power Acts, 1896 to 1937." 2. In this Act, unless the context otherwise Interpreta. indicates, the following terms have the meanings set tion. against them respectively, that is to say:- " Chairman "-Means the chairman of the Chairman. Commission; " Commission "-Means the State Electricity Commission. Commission of Queensland; " Minister "-The Secretary for Public Works or Minister. other Minister of the Crown charged for the time being with the administration of this Act; "This Act "-This Act and all Proclamations, This Act. Orders in Council, and regulations made thereunder; " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; * Act proclaimed in force on and from 17th January, 1938 (Proclamation dated 13th January, 1938, and published in Gazette of 15th January, 1938, page 76). t 60 Vic. No. 24 and amendmg Acts, supra, pageR 702 et seq.

16506 ELECTRICITY. State Electricity Cbrnrnission Act. 1 GEO. VI. No. 26, Electric Authority. "Electric Authority "-An Electric Authority under and within the meaning of *" The Electric Light and Power Acts, 1896 to 1937," and subject to this Act the definitions in *" The Electric Light and Power Acts, 1896 to 1937," shall, mutatis mutandis, apply and extend to this Act. State. . 3. (1.) For the purposes of this Act there is hereby Eclectr1~lt~ constituted the State Electricity Commission of Queens- omm18810n. •• ") land (hereinafter referred to as "the CommISSIOn which Commission shall, and notwithstanding anything to the contrary contained in this Act, be and be deemed to be so constituted on the passing of this Act, and shall consist of four Commissioners appointed from time to time by the Governor in Council by commission under his hand and the Public Seal of the State. Chairman. Tenure. Salaries. (2.) One of such Commissioners shaU be so appointed chairman of the Commission. (3.) The Governor in Council may from time to time appoint one or more of such Commissioners to devote the whole of his or their time to his or their duties under this Act for such period as such appointment or appointments shall respectively prescribe, and any Commissioner or Commissioners so appointed shall not during the period prescribed in his or their case engage in any other business. (4.) (a) Subject to this Act, every Commissioner shall hold office during good behaviour for the term for which he is appointed. (b) No person shall be appointed a Commissioner for a term exceeding seven years. (c) Any Commissioner may from time to time be reappointed for any further term not exceeding seven years. (d) Notwithstanding anything hereinbefore in this subsection contained each Commissioner shall retire from office upon attaining the age of sixty-five years, notwithstanding that he has not then remained in office for a term of seven years. (5.) The Governor in Council shall fix the salary and allowances of the chairman and other members of the Commission. • 60 Vie. No. 24 and amending Acts, supra, pages 702 et seq.

1937. ELECTRICITY. State Electricity Comrwission Actl 16507 4. (1.) The Commission shall be a body corporate Commission under the name and style of "The SMte Electricity ~ ~ r~ ~ ~ a~ ~ : Commission of Queensland," and by that n~ me shall have perpetual succession and an official seal,! and shall be capable in law of suing and being sued iIfl its corporate name, and of acquiring, holding, and disposing of real and personal property. (2.) All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice, and shall presume that it was duly affixed. 5. (1.) In the case of the illness, suspension, or Deputy. absence of the chairman or of any other Commissioner, the Governor in Council may appoint some person to act as his deputy during such illness, suspension, or absence, and every such person shall while so acting havethe powers and perform the duties of such chairman or other Commissioner. (2.) If the person appointed to act as the deputy of the chairman is a Commissioner the Governor in Council may appoint some other person to act as the deputy of such Commissioner while he is acting as the deputy of the chairman. (3.) The person presiding at any meeting of the Commission (and whether the chairman or his deputy appointed as hereinbefore in this section provided) shall have a casting as well as a deliberative vote. 6. (1.) The Governor in Council may at any time Resignation accept the resignation of any Commissioner and may and removal. remove any Commissioner from his office if he is absent from Queensland for a period of six consecutive months, or is absent without the consent of the Commission from three or more consecutive ordinary meetings of the Commission extending over a period of three months at the least. (2.) The Governor in Council may remove any Commissioner from his office on an address praying for such removal being presented to the Governor by the Legislative Assembly. (3.) At any time when Parliament is not sitting the Governor i:Q. Council may suspend any Commissioner from his office for incapacity, inability, inefficiency, mismanagement, or misbehaviour, or refusal or neglect

16508 ELECTRICITY. State Electricity Oommission Act. 1 GEO. VI. No. 26, or failure to carry out any of the provisions of this Act or his duties as a Commissioner; and a full statement of the cause of such suspension shall be laid before Parliament within seven days after the commencement of the next ensuing session thereof; and if within twenty-one days after such statement has been so laid before it an address is presented to the Governor by the Legislative Assembly praying for the restoration of such Commissioner to his office he shall be restored accordingly; but if no such address is so presented within such period of twenty.one days, the Governor in Council may confirm such suspension and declare the office of such Commissioner to be and the same shall thereupon become and be vacant. Disqualifica. tionsfrom membership of Commission. 7. (1.) No person who- (a) Is an uncertificated or undischarged bankrupt; or (b) Is undergoing a sentence of imprisonment, whether or not the execution of such sentence has been suspended under section six hundred and fifty-six of *" The Criminal Code"; or (c) Is an insane person within the meaning of the laws in force for the time being relating to insanity, shall be capable of being appointed a Commissioner. (2.) Any Commissioner (including the chairman) who at any time during his tenure of office becomes subject to any of the disabilities mentioned in subsection one of this section, or who applies to take the benefit of any Act for the relief of bankrupt or insolvent debtors, or who by any deed or other writing compounds with his creditors, or makes an assignment of his salary for their benefit, or who dies shall be deemed to have vacated his office as a Commissioner. Chainnan to be executive officer. 8. The chairman shall be the executive officer of the Commission. Every appointment, and every order, notice, certificate, or other document of the Commission relating to the execution of this Act shall be sufficiently authenticated if signed by t1;te chairman or any two members of the Commission. * 63 Vic No. 9, Sch. I., BUJ.ra, page 344.

ELECTRICITY. 16509 1937. State Electricity Commission Act. 9. Any extraordinary vacancy which at any time Extra- occurs in the office of Commissioner by death, removal, ordinar'y resl.gnat'lOn, or 0 t herW' lse sha11 be filled as soon as may be vacanCies. by the appointment of another Commissioner; but a Commissioner appointed to· fill any such vacancy shall be deemed to hold the office of his predecessor, and shall hold office only so long as his predecessor would have done had no such vacancy occurred. 10. The rules set forth in Schedule 1. to this Act Schedule I. shall apply to the business and proceedings of the Com- mission and the several other matters referred to therein, and such rules shall be observed by the Commission and all persons concerned. But such rules shall not be construed to prevent or limit the making of regulations for the purpose of giving full effect to this Act. Such rules may from time to time be repealed, amended, or added to by the Governor in Council by Order in Council published in the Gazette. 11. (1.) There is hereby constituted a Fund to be Constitution called "The Electricity Trust Fund" (which Fund is of Fund. in this Act referred to as " the Fund "). (2.) The Trust Account designated as " The Electric Light and Power Acts Trust Account" shall as and from the date of the commencement of this Act be and be deemed to be closed, and all moneys standing to the credit of such account as at the date of the closure thereof shall be and are hereby transferred to and form part of the Fund. (3.) Parliament may from time to time appropriate Appropria such sums for the administration of this Act as shall be tion. deemed necessary and any such appropriation for such purpose is hereby authorised. Such sums so appropriated shall be paid into and form part of the Fund. (4.) All fees, charges, and other moneys paid to or Payments received by the Commission shall be paid into and form ~ to Jhe part of the Fund. un . (5.) All costs, charges, and expenses incurred in the Payments administration of this Act, including the costs, charges, out ~ f the and expenses of the Commission, the salaries and allow _ Fun . ances andlor expenses of the chairman, members, secretary, and other officers thereof shall be a charge against and paid out of the Fund. I

]6510 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, Appoint. ment, &c., of officers. Where any fee, charge, or other moneys payable to or receivable by the Commission remain unpaid to or have not been received by the Commission on the due date for the payment to or receipt by the Commission of same then, and in every such case, the Commission may recover same as a debt by action in any court of competent jurisdiction. 12. The Governor in Council shall appoint a secretary to the Commission and fix the remuneration to be paid for his services. The Governor in Council on the recommendation of the Commission may appoint such other officers as the Commission thinks necessary for the purposes of this Act, and such other officers shall be paid such remuneration as the Governor in Council directs; all officers shall hold office at the pleasure of the Commission. Delegation 13. The Commission is hereby authorised to delegate ~ Y .. to anyone or more of its members any power, function, ofor: ; ~ : ~ ~ s, jurisdiction, or authority conferred or imposed upon it &c. by this Act, other than the duty of ensuring that the price for electricity payable by consumers shall be fair and reasonable to the consumers and to the Electric Authority supplying the same, and other than the power, authority, and' jurisdiction of negotiating and entering into an agreement with the City Electric Light Company Limited. General 14. Subject to the Minister the Commission shall pCoowIIelIrlsliaosfion. administer this Act. The Commission shall have and may exercise the rights, powers, authorities, and jurisdiction and shall discharge the duties conferred or imposed upon it by this Act or by any other Act: Provided that the Commission shall carry out such other duties, additional to the duties imposed upon it by this Act and/or any other Act, as may at any time or from time to time be required by the Minister or pre- scribed by Order in Council by the Governor in Council, and the Minister and the Governor in Council are hereby authorised and empowered to require or prescribe additional duties to be carried out by the Commission. The Commission or, as the case may be, any member or members of the Commission delegated by it, shall for all purposes of this Act be and be deemed to be and to

ELECTRICITY. 16511 1937. State Electricity Commission Act. have all the powers, authorities, jurisdiction, and protection of a Commission within the meaning of *" The Officiallnquiries Evidence Acts, 1910 to 1929." 15. (1.) Section 41A of t" The Electric Light and Repeal of Power Acts, 1896 to 1934," is hereby repealed and such~ .. ~i~ of repeal shall take effect as and from the commencement Electric of this Act. Light and Power Acts, 1896 to 1934." (2.) The persons, and each and everyone of them, Dissolution appointed under and for the purposes of the said section °Eflthte . 't 41A prI.Or to t he commencement 0 f t h· IS Act and wh 0, at Boeacrd rl . Cl y the commencement of this Act, constitute a Board of Inquiry under and for the purposes of the said section 41A, and who, under the designation of " The Electricity Board," are at the commencement of this Act carrying out the duties referred to in the said section 41A and, in addition, such other duties (if any) as have been required by the Minister or prescribed by the Governor in Council pursuant to the said section 41A, shall forth- with upon the commencement of this Act go out of office and cease to hold any such appointment as afore- said, and the Board of Inquiry (hereinafter in this Act referred to as the "dissolveq. Board") constituted by such persons shall be and the same is, forthwith upon the commencement of this Act, dissolved. (3.) The Minister shall forthwith upon the com- Minister not mencement of this Act cease to exercise the discretion to refer price conJ C erred upon hI' m under and I.n pursuance 0 f the sal· d ItonqBuoirayrdfoorf section 41A of referring to anyone or more competent review. persons for investigation and report any matter which, prior to the commencement of this Act, he had discretion to so refer, and the Governor in Council shall make no further or other appointment of any such person or persons. (4.) Subsections one to three, both indusive, of this Savings. section shall without prejudice to t" The Acts Shortening Acts" be read and construed subject to the following provisoes, that is to say:- (i.) Where the Minister has prior to the com- mencement of this Act referred to the dissolved Board any matter for investigation * 1 Geo. V. No. 26 and amending Acts, supra, pages 748 et Beq. corrected. t 60 Vic. No. 24 and amending Acts, supra, pages 702 et Beq. ~ 31 Vic. No. 6 and amending Acts, supra, pages 15 et seq. Verbally

16512 / ELECTRICITY. State Ele'Ctricity Commission Act. 1 GEO. VI. No. 26, and report pursuant to the discretion conferred upon him under the said section 41A and the said dissolved Board has not at the commencement of this Act instituted such investigation or, having instituted such investigation, has not then completed same then, and in every such case, such investiga- tion shall be made or, as the case may be, completed by the Commission: Provided that where the dissolved Board has at the commencement of this Act completed any such investigation but has not made a report thereon to' the Minister then, and in every such case, the dissolved Board shall if required by the Commission and notwith- standing its dissolution make a report thereon to the Commission in lieu of making such report to the Minister ; (ii.) Any investigation which the Commission is required to make or, as the case may be, complete under and pursuant to paragrapn (i.) of this subsection shall for all purposes be and be deemed to be an investigation, power and authority to make which is conferred upon the Commission by this Act, and all of the provisions of this Act relating to the making of investigations by the Com- mission shall apply and extend accordingly: Provided that it shall be obligatory upon the Commission to make or, as the case may be, complete such investigation; (iii.) Where the dissolved Board has prior to the commencement of this Act furnished a report to the Minister upon any matter referred to it for investigation and report pursuant to the discretion conferred upon the Minister under the said section 41A, and neither the Governor in Council nor the Minister has made any order or given any notification authorised and empowered to be made or given under the said section 4lA in accordance with such report, then, and in any such case, the Minister shall. refer such report to the Commission for action;

, 1937. ELECTRICITY. State Electricity Commission Act. (iv.) Nothing in this section contained shall prejudice the right of appeal given to a dissatisfied Electric Authority under and pursuant to the said repealed section 41A, and every dissatisfied Electric Authority shall have and continue to have the same, but no further or other, right of appeal in respect of anything done under the said seetion as such Electric Authority would have had if the said section had not been repealed ; (v.) Where the dissolved Board is at the commencement of this Act carrying out any additional duty which has been required by the Minister or prescribed by the Governor in Council pursuant to the said section 41A then, and in every such case, the dissolved Board shall forthwith cease to carry out such duty, and such duty shall thereafter be carried out by the Commission; (vi.) All instruments, depositions, documents, reports, records, plans, correspondence, and all books and writings the property of or in the custody or possession of the dissolved Board at the commencement of this Act shall be and are by virtue of this Act handed over to the Commission and shall and hereby become the property of the Commission : Provided that, where the dissolved Board has at the commencement of this Act com- pleted the investigation of any matter referred to it for investigation and report but has not made a report thereon to the J\;1inister and is required by the Commission to make a report thereon to it then, and in every such case, the dissolved Board shall for the purpose of making such report have access to all such instruments, depositions, docu- ments, reports, records, plans, correspondence, and all such books and writings as are relevant. 16513

16514 ELECTRICITY. / State Electricity Commission Act. 1 GEO. VI. No. 26, " Saving of 16. Notwithstanding anything contained in section creegrtualiantions fifteen of this Act, "The Electric Light and Power made under Regulations of 1935," being the regulations made under E " l T ec h t e ric and in pursuance of *" The Electric Light and Power Acts, Light and 1896 to 1934," shall, subject as is hereinafter provided, P 18 o 9 w 6 ertoAct8, continue of full force and effect Uliless and until amended 1934." or repealed under and pursuant to such lastmentioned Acts and/or this Act: Provided that, but without prejudice to t" The Acts Shortening Acts"-- (i.) Any reference in any such regulation to the " dissolved Board," or to the chairman or a member or members or secretary or an officer of the .dissolved Board shall from and after the commencement of this Act be and be deemed to be a reference to the Commission, or to the chairman or to a member or to the members or to the secretary or to an officer of the Commission, as the case may be; (ii.) Any reference to section 41A of *" The Electric Light and Power Acts, 1896 to 1934," or to any provision thereof shall be and be deemed to be a reference to section seventeen of this Actor to the corresponding provision of the said section, or where such corresponding provision is contained in any other section of this Act then to such other section, as the case may be; (iii.) All powers, authorities, functions, and duties conferred or imposed upon and all acts, matters, and things to be done or executed by the dissolved Board under and pursuant to the said regulations shall from and after the commencement of this Act be and be deemed to be powers, authorities, functions, and duties conferred or imposed upon and acts, matters, and things to be done or executed by. the Commission, and the Com- mission may exercise any such power, authority, or function and shall discharge such duty and may do and execute such acts, matters, and things accordingly; * 60 Vic. No. 24 and amending Acts, supra, pages 702 et 8eq. t 31 Vic. No. 6 and amending Acts, 8upra, pages 15 et 8eq.

1937. ELECTRICITY. State Electricity Commission Act. 16515 (iv.) All fees and charges (and whether payable to the Minister or the dissolved Board in pursuance of *" The Electric Light and Power Acts, 1896 to 1934") receivable by the dissolved Board at the commencement of this Act shall be and be deemed to be receivable by the Commission, and any such fee or charge which having become payable before the commencement of this Act was not received by the dissolved Board, or any such fee or charge which becomes payable upon or after the commencement of this Act, shall from and after the commencement of this Act be paid to and received by the Commission, which shall pay all such fees and charges received by it into the Fund. I 7. (1.) In addition to such other powers, Commission authorities, and functions as may be conferred or imposed to.conTol upon it by this Act, it shall be the duty of the Commission ~ [ : ~ : rfcity. to ensure that the price for electricity payable by con- sumers shall be fair and reasonable to the consumers and, subject as hereinafter provided, to the Electric Authority supplying the same: Provided that in determining whether or not the price of electricity payable by consumers is fair and reasonable to the Electric Authority supplying the same, regard shall be had to the degree of efficiency with which such Electric Authority conducts its undertaking; and in any case where the conduct of the undertaking is not reasonably efficient the Electric Authority concerned shall not be allowed a price for electricity supplied to consumers in excess of such price as would be fair and reasonable to the consumers and to such Electric Authority in the event of the undertaking being conducted with reasonable efficiency. (2.) The Commission may, at its discretion at any Commission mtimateterasndapfpreormtam . t , immge t t 0 o otrimcoe,n ' cienrvnelsUtigg- ate any and all ep m lr ~ eICc y etrri ° ecfivtiye.w (i.) The alteration of prices or of the methods of charge stated in the Schedule of any Order issued to an Electric,Authority under *" The Electric Light and Power Acts, 1896 to 1937," * 60 Vie. No. 24 and amending Acts, supra, pages 702 et seq.

16516 ELECTRICITY. /1 \ State Electricity Commission Act. 1 GEO. VI. No. 26, or (where so prescribed in an Order in Council made under such lastmentioned Acts) as approved by the Minister, as the case may be; or (ii.) The price or prices to be charged by an Electric Authority and to be paid to it for all electricity supplied to public lamps under any contract or agreement proposed to be· made after the commencement of this Act; and (iii.) The mode in which any price or prices, charge or method of charge referred to in paragraphs (i.) and (ii.) of this subsection shall be ascertained. Power of (3.) The Commission, in accordance with the result ~ := ~ ~e of any investigation or investigations made by it, may at price its discretion make a determination varying the prices or ccohnarsguemdetros methods of charge stated in the said Schedule or so for approved as aforesaid, or substituting other prices or electricity. methods of charge in lieu thereof; and the prices or methods of charge as so varied or substituted by such determination shall have effect on and after such day as may be mentioned in the said determination as if they had been stated in the said Schedule or so approved as aforesaid; and the prices and methods of charge for the time being in force may be altered in like manner at any time after the expiration of any or every period of two years or such lesser period as the Commission thinks fit after the same were last altered. Power of (4.) The Commission, in accordance with the result of ~ 0r: t~ issi~ n any investigation or investigations made by it, may, p~ ic: ermme at its discretion, make a determination fixing the price Pty: ~ l~ lor or prices to be charged by an Electric Authority and paid : u~ pr: ~ ~ ~ o to it for all electricity supplied to public lamps under £ublic any contract or agreement proposed to be made after amps. the commencement of this Act; and such Electric Authority, in accordance with such determination of the Commission and from a date fixed and in accordance with the mode specified therein, shall charge and be entitled to be paid for all electricity supplied by it to public lamps the price or prices so fixed by such determination of the Commission.

ELECTRICITY. 16517 1937. State Electricity Commission Act. 18. (1.) Any determination made by the Determina- Commission under and pursuant to subsection three or tions of . . subsection four of section seventeen of this Act shall be f~ ~ mission published in the Gazette and shall be deemed to have published in been so made on the date of such publication, and such Gazeus. publication shall be due and sufficient notice to every 'Electric Authority and every person concerned of the making of such determination. (2.) All determinations made or purporting to be Effect of d::::. made under subsection three or subsection four of section pu~ lication seventeen of this Act upon being published in the Gazette ~ e shall have the same force and effect as if they were minations. enacted in this Act and (subject to the right of appeal therefrom hereinafter provided) shall be obeyed and shall be judicially noticed and their validity shall not be questioned in any proceedings whatever; and such publication shall be conclusive evidence of the power and authority to make any such determination and of all matters contained therein. 19. Notwithstanding anything contained in *" The Powers, &c., Electric Light and Power Acts, 1896 to 1937," or in any~ ~ ~ ~ ­ Order under and within the meaning of the said ActSinrelation (and :whether m~ de before, on, or after the commencement ~ ~ : ~ ~ ~ . of thIS Act), or ill any other Act-· (i.) The Commission shall have and be deemed to have full power and authority to make any investigation and/or determination authorised to be made by it under and pursuant to section seventeen of this Act; and (ti.) Where the Commissio ll has made a deter- mination no Electric Authority shall'charge, or be entitled to receive, and whether for electricity supplied to consumers or to public lamps, any greater price or prices for electricity than the price or prices for the time being so determined by the Commission: Provided that nothing in this paragraph shall prevent or be deemed to prevent any Electric Authority which so chooses from charging and in that event being entitled to receive any price or prices less than the price or prices so determined. * 60 Vic. No; 24 and amending Acts, supra, pages 702 et seq.

/ 16518 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, Appeal. from 20. (1.) Any Electric Authority affected by a ~ ~ ~ r;ma. determination made by the Commission under subsection Commission. three or subsection four of section seventeen of this Act shall if dissatisfied with such determination have the right of appeal to the Industrial Court~ censtituted under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1936," and such court shall thereupon have jurisdiction to hear and determine such appeal, and its decision shall be final and conclusive and without appeal to any other tribunal whatsoever. Powers of Industrial Court on appeal. (2.) Upon an appeal to it under subsection one of this section the Industrial Court shall, in addition to the powers and authorities hereinafter conferred upon it by subsection three of this section, have and may exercise all the powers and authorities vested in jt as a court under the laws relating to the jurisdiction of such court, .and may by its decision confirm, vary, or annul any determination of the Commission in respect of which an appeal1ies. Procedure on appeals. o f t h ( e 3. c ) oTuhrtebfeolalopwpliincgabplreovtoisiaonnsapspheaalll atot tthhee Idnidscursettriioanl Court under subsection one of this section, that is to say:- (i. ) The court may conduct such appeal by way of a rehearing; or (ii.) The evidence, documents, statements, and reports and all other matters and things admitted or received by the Commission upon any investigation or investigations pursuant to which it made the determination appealed against may be admitted and received by the court, without prejudice, however, to its power to review such evidence, documents, statements, or reports or other matters or things, or to admit and receive fresh evidence, documents, statements, reports, or matters or things; or (iii.) The court may review the evidence, documents, statements, and reports and other matters and things admitted and received by it pursuant to paragraph (ii.) of this subsection and may in addition admit and receive fresh evidence, documents, statements, reports, and other matters and things. * 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 e~ aeq.

ELECTRICITY. 16519 ]937. State Electricity Commission Act. (4.) Notice of appeal to the Industrial Court mustNoticeof be lodged with the Registrar of the Court within twenty- appeal., one days after the publication in the Gazette of the determination of the Commission concerned and being the subject of such appeal. 21. Upon the decision by the Industrial Court of Eff~ c~ or an appeal from a determination of the Commission the t~ ~ ~ ~ ~ ~ a1f following consequences shall ensue, that is to say:- Court on (i.) If such determination is confirmed the same appeal. shall have and be of full force and effect as hereinbefore provided in section eighteen of .this Act; (ii.) If such determination is varied the same as so varied shall become and be the determina- tion and shall be again published in the Gazette, and all of the provisions of section eighteen of this Act relating to the publication in the Gazette of a determination of the Commission shall, mutatis mutandis, extend and apply accordingly; (Hi.) If such determination is annulled the same shall be deemed to have had no force or effect ab initio, b"Ut without prejudice to the validity of ,anything done thereunder in. the meantime and without prejudice to the power and authority of the Commission to make any further or other determination. 22. For the purposes of any investigation, and/or Applicatioil determination authorised to be made by it under section tt? inve&stiga., seventeen of this Act the Commission, andfor the purposes t~ : s, c., 0 of any appeal authorised to be heard and determined by ~ c~: uletQ it under section twenty of this Act the Industrial Court, Electric 1::::;0 · shall be guided by the directions set forth in the Schedule ~ ght a~ to *" The Electric Light and Power Acts, 1896 to 1937" (being the Schedule con~ a;ined in t" The Eledric Light and 1934." Power Acts Amendment Act of 1934" and referredto-iri section three of that Act, and which Schedule is hereby declared to be and to have always been from and after the passing of such lastmentioned Act the Schedule to *" The Electric Light and Power Acts, 1896 to 1937") andlor any amendments of the said Schedule in force for the time being, and whether such amendments came into force before, on, or after the commencement of this . Act. * 60 Vic. No. 24 and amending Acts, 8upra, pages 702 et 8eq. t 25 Geo. V. No. 20, 8upra, page 14971.

16520 ELECTRICITY. Sta.te . Electricity CO'Ynmission Act. 1 GEO. VI. No. 26, Maximum price to be charged for electricity in certain cases. 23. (1.) If the City Electric Light Company Limited becomes the Electric Authority authorised to supply electricity within the Area defined in Schedule n. of this Act, nothing contained in this Act shall authorise or be deemed to authorise the City Electric Light Company Limited as the Electric Authority authorised to supply electricity within the Area defined n. in Schedule of this Act to charge or to be entitled to receive for electricity supplied within any part of such Area without the City of Brisbane a maximum price which exceeds by more than ten per centum the maximum price charged by the Company for the supply of electricity in a like case within the City of Brisbane at the. commencement of this Act: Provided that nothing in this section shall prevent or be deemed to prevent the Commission from making a determination reducing the prices to be charged and . received by the said Company in the whole or in any part or parts of the Area in which the said Company is for the time being authorised to supply electricity below the prices referred to in the preceding paragraph of this subsection. I?etermina. (2.) Where the price charged or proposed to be . ~~ ~ilr~ ~ rice" charged by the said Company for electricity supplied or in respect of to be supplied to a consumer in that part of the Area n. ~ : e~ c~ bed defined in Schedule of this Act without the City A~ a of Brisbane is not identifiable with a like price charged ~ :; ~ ft the by the Company for the supply of electricity to a con- Brisbane. sumer in that part 'of the said Area within the City of Brisbane as at the commencement of this Act then, and in any such case, the Commission shall have absolute discretion to determine what price charged by the said Company for the supply of electricity to a consumer in that part of the Area within the City of Brisbane is as at the commencement of this Act the like price to the price charged or proposed to be charged by the said Company to a consumer for electricity supplied or to be supplied in that part of the Area without the City of Brisbane. Application 24. (I.) Every application by a Local Authority, fuonrdOerrd"er The company, or person £ or an 0 r d er un d er an d pursuan t t 0 Electric *" The Electric Light and Power Acts, 1896 to 1937," ~ ~ ! r~ n: ts authorising the supply of electricity within any prescribed to r1 1 e 8 9f 9 3e 6 7rr, t e" o dto b ' e Aanrdearsehpaolrl tb. e referred to the Commission for investigation Commission. . * 60 Vie. No. 24 and amending Acts, supra, pages 702 et seq.

1937. ELECTRICITY. State Electricity Commission Act. 16521 This section shall extend and apply to every such application made prior to the commencement of this Act in respect of which the Order applied for has not been granted. before the commencement of this Act. (2.) The Commission shall investigate every applica- Co~ miss~ on t I·on so re. c1erredto' It W ' l t ha v'Iew to ascert al'U"lUg III respect gtOatlellvest. l' of the Order applied for what conditions, limitations, and applications prOVI.SI.OnS 1 'f appll'ed to suchOrder ( when and' 1 f made) froerfeOrrreddertos it. would best secure the following matters, that is to say ; - (i.) The ultimate co-ordination and or unification of the proposed undertaking with any other electricity supply undertaking in Queensland; (ii.) The adoption in respect of the proposed undertaking of such standards of plant, apparatus, and equipment, and system frequency and voltage as would permit the efficient interconnection of such undertaking with other electricity undertakings as and when required; (ili.) The exploitation for the purposes 'of the proposed undertaking of the natural resources of Queensland in preference to the use of imported fuel; (iv.) The approval of additions to power plant and apparatus and extensions of the Area of supply of the proposed undertaking; (v.) The control of the expenditure, charges, maintenance, efficiency, and economics of the proposed undertaking ; (vi.) The approval in relation to the proposed undertaking of electrical appliances and equipment with the object of ensuring their safety in service. (3.) The Governor in Council may, in accordance ~ ower to with the report made to him by the Commission upon ~: ~~e~~~ ~r such investigation as aforesaid, prescribe in the Order Aut.hority made under and pursuant to *" The Electric Light and sreucbojmecmt teon- Power Acts, 1896 to 1937," authorising the applicant to dation? o.f supply electricity within a prescribedArea such conditions ComilllSSlOn. as may be necessary for the purpose of enforcing the * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seq.

16522 ELECTRICITY. Bta,te Electrictity Commission Act. 1 GEO. VI. No. 26, • performance by the applicant, as such Electric Authority for such prescribed Area, of its duties in relation to the matters hereinbefore referred to in subsection two of this section: Provided that nothing in this section contained shall compel or be deemed to compel the Governor in Council to issue an Order under and pursuant to *" The Electric Light and Power Acts, 1896 to 1937," to an applicant. Licenses (4.) Any application for a license under and in ::.nt:rof pursuance of section 4A of *" The Electric Light and the Electric Power Acts, 1896 to 1937," shall be referred to the Com- ~ ~ ' e! ra~ ~ts. mission for investigl;ttion and report, and regard shall be had to any recommendation of the Commission in respect thereto. Otherp~werB 25. Subject to this Act the powers and duties of aofndthdeutIes the Commission shall include the following . • - Commission. (a) To inquire into and report to the Minister from time to time as to- (i.) The steps which in its opinion should be taken to secure the ultimate co-ordination and/or unification of all or any State, Local Authority, or other electrical undertakings in Queensland, and to secure the adoption of such standards of plant and equipment and of system frequency and pressure for the generation, distribution, and supply of electricity as will admit of the efficient interconnection of such undertakings and interchange of electricity throughout the same and, generally, the safe, economical, and effective supply of electricity through- out Queensland, and to secure the amalgamation or concentration of such undertakings, (ii.) The prospects of establishing in Queensland new industries requiring large quantities of cheap electrical energy, and (iii.) Any matters referred to the Commission by the Minister for investigation and report; (b) To promote and encourage the exploitation and use of the natural resources of Queensland in connection with the generation of electricity * 60 Vic. No. 24 and amending Acts, 8upra, pages 702 et 8eq.

ELECTRICITY. 1937. State Electricity, Commission Act. and to recommend suitable sites for generating stations, and for that purpose to make such investigations, surveys, and inquiries as it shall deem necessary ; (c) To promote and encourage the use of electricity and especially the use thereof for industrial and manufacturing purposes, and for the purposes of primary production; (d) To make recommendations for regulations to be made under this Act or *" The Electric Light and Power Acts, 1896 to 1937," by the Governor in Council; (e) To give technical advice to Government departments on the use of electrical apparatus; (f) To approve of electrical apparatus, appliances, and equipment with the object of securing their safety in service and to prohibit the use of all electrical apparatus, appliances, and equipment which are in the opinion of the Commission not safe ; (g) To inspect electrical machinery and to prohibit the use of electrical machinery which is not safe; (h) To advise (but without prejudice to any other power or authority of the Commission under this Act) any Electric Authority upon the expenditure, charges, maintenance, efficiency, and economics of its undertaking with a view to securing- (i.) The most efficient administration and working of such undertaking, and (ii.) The extension of such undertaking to any undeveloped part of its Area' where the Commission is satisfied that such extension will be profit-producing within two years, and the prevention of any such extension which will not, in the opinion of the Commission, be profit-producing within such period, and * 60 Vie. No. 24 and amending Acts, supra, pages 702 et seg. 16523

16524 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, (iii.) The generation by such Electric Authority of its supply of electricity or the obtaining of such supply in bulk, according to the economics of the particular case. Electric 26. (1.) It shall be the duty of the Commission and nAoutthtoority the Commission shall have power and auth,ority to acquire approve of the acquiring lands, and/or the establishing of flaonrdpsu,r&pocs. , es works, and/or the carryI.ng-oll t 0 fexten' SlOns 0 f or of ~ der- additions to works by an Electric Authority for the :~h~~t the purposes of its undertaking : : ~ proval of Provided that the Commission shall not approve as Co~ mission. aforesaid unless it is satisfied that the lands to be acquired, and/or the works to be established, and/or the extensions of or additions to works to be carried out are suitable and to be used for the purposes of the under- taking of the Electric Authority concerned. Any Electric Authority applying for such approval as aforesaid shall furnish to the Commission with its application a schedule of the capital amount to be expended upon acquiring such lands, and/or establishing such works, and/or carrying out the extensions of or additions to such works. This section shall not apply or be deemed to apply to such works, and/or extensions of or additions to works as shall be prescribed to be routine works, and/or extensions of or additions to works. No land acquired, and/or works established, and/or extensions of or additions to works carried out by an Electric Authority after the commencement of this Act contrary to this section shall for any purpose whatsoever of this Act and/or of *" The Electric Light and Power Acts, 1896 to 1937," be or be deemed to be included in the undertaking of such Electric Authority. Under- (2.) It is hereby declared that this Act and/or otauktisnidges the *" The Electric Light and Power Acts, 1896 to 1937," State. relate and shall be deemed to relate and to have always related only to so much of the undertaking of an Electric Authority as is within this State, and to the intent that no part of the undertaking of any Electric Authority which is without this State shall be or be deemed to be or ever to have been an undertaking within the'meaning of the aforesaid Acts or either of them. * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seg.

19R7. ELECTRICITY. State Electricity Commission Act. 16525 27. (1.) Subject as hereinafter provided in Power of Jt.Uhiris.SAd l ' c C tt' ItOhne Ct o 0 mnmegisostiI.oanteshaanlldhaevnetepr'owInetro, aaunthaogrriteye, maenndt at C og o r m ne m ee i gm s o ~ etIn i a o tte n awfittehr rthefeerCreitdytoElaesct" ritcheLiCgohmt pCaonmyp" a)nays Ltoimthiteedper( Ih.Oedrefino-r L wc Ii ~ tg t yh h tEthleeetn. c which and as to the terms, provisions, and conditions i~ mpa: ; y upon and subject to which the Company shall become mute. and be an Electric Authority authorised to supply electricity within an Area as defined in Schedule Il. of this Act. (2.) Except in so far as the Governor in Council Conditions of upon the recommendation of the Commission may by negotiations Or der I.n CounCl' lpr' odvI e, the power, authOr.ity, andbCetowmemeinssion jounreisd 0 ifctitohn· IScosne· fcetIrOrend utoponnethgeotCiaotme maisnsdionenbtyers'ubmsteoctiaonn canodmpany. agreement with the Company shall be subject- . (a) To the doing and executing by the Company of all the acts, matters, and things required to be done or executed by the Company under and in pursuance of Schedule Ill. of this Act, all of which acts, matters, and things shall be done or executed by the Company to the satisfaction of the Commis- sion before the Commission shall enter into any agreement with the Company; and (b) To the conditions, limitations, and provisions set forth in Schedule IV. of this Act, which conditions, limitations, and provisions shall be observed and shall be embodied in and form part of any agreement entered into by the Commission with the Company. (3.) It shall be a condition precedent to the Company Concessions becoming an Electric Authority for the Area defined in~ ; b~o: ~~~ y Schedule Il. of this Act that the Company shall surrender preceding all Orders in Council granted to it and in force at the agreement. commencement of this Act whereby it is authorised to supply electricity in any Area 01' Areas under and in pursuance of *" The Electric Light and Power Acts, 1896 to 1937," and shall renounce all rights, titles, and interests vested in or which may have accrued to or may hereafter accrue to it under and in pursuance of any such Order. * 60 Vie. No. 24 and amending Acts. supra, pages 702 et seq.

16526 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, Agreement 28. (1.) On the signature by the parties thereto of taoppbreoved the agreement which may be entered into by the by the Commission and the City Electric Light, Company GCoouvnecrniloarn in d Limited under and in pursuance of section twenty-seven gazetted. of this Act such agreement shall be submitted to the Governor in Council for his approval: Provided that the Governor in Council may approve of the agreement as so signed, or may disapprove, or may refer the agreement back to the parties thereto for reconsideration, and ~ ither generally or in such particulars as he shall indicate: Provided further, that if and when the Governor in Council approves of the agreement, as finally agreed upon and made and executed by the parties thereto, such agreement shall be published by him by Proclamation published in the Gazette, and such agreement shall upon such publication have the force of law and shall be valid and effectual for all purposes whatsoever and shall be obeyed and shall be judicially noticed. Agreement not valid unless and until gazetted. (2.) Notwithstanding anything contained in this Act no agreement entered into or purporting to be entered into between the Commission and the City Electric Light Company Limited under and in pursuance of section twenty-seven of this Act shall be valid or effectual for any purpose whatsoever or bind the Crown or any party thereto or any other person whomsoever or b~ judicially noticed unless and until such agreement has been so published by Proclamation as aforesaid. Governor in 29. (1.) Forthwith upon the publication by the ~ ~ ~~ ~ lr~ ~ r Governor in Council by Proclamation published in the under," T~e Gazette of the agreement entered into between the a E n le d cPtrotcwLeright Co " mmission and the City Electric Light Company Acts, 1896 to LImIted under and in pursuance of section twenty-seven s 1 u 9 a 3 n 7 t' ''t p 0 ur- of this Act, the ' Governor in Council shall, pursuant to agreement. the powers conferred upon him by *" The Electric Light and Power Acts, 1896 to 1937," in that behalf, by Order in Council authorise the City Electric Light Company Limited to supply electricity within the Area in respect of which such agreement has been so made (being the Area defined in Schedule H. of this Act) for such purposes as may be prescribed in the Order and for the period agreed upon in such agreement, and thereafter until the * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seq.

1937. ELECTRICITY. State Electricity Commission Act. 16527 undertaking is purchased by the Governor in Council under and in pursuance of this Act; and the said Company shall have the exclusive right to supply electricity within the said Area except as is provided by section forty-three of this Act. (2.) The provisions of subsection one of section nine Notice of oshfa * ll " n T o h t e ex E t l e ec n t d ric or L a i p gh p t ly a m n . d r P ~ s o p w e e ct r A o c f t a s n' 1 O 8 r 9 d 6 e t r o g 1 r 9 a 3 n 7 te, " d nafoperepdOlicrndaoettirobne under and in pursuance of subsection one of this section, ~ dvertised, and (notwithstanding anything to the contrary contained c. in such lastmentioned Act or in any Order in Council granted to a Local Authority, company, or person thereunder, or in any other Act or law), the Governor in Council may grant such Order to the City Electric Light Company Limited without the doing or executing by him or it of any act, matter, or thing required by the said subsection to be done or executed prior to the grant of such Order and notwithstanding that no such act, matter, or thing has been done or executed. Moreover, notwithstanding anything to the contrary contained in the said subsection one, no person shall be entitled to make any representation or objection to the Governor in Council with reference to such Order, and no notice shall be required to be given by the City Electric Light Company Limited to any Local Authority what- soever of or concerning such Order. (3.) The provisions of subsection one of section ten Notice to of *" The Electric Light and Power Acts, 1896 to 1937," ~ ~~ ~ ~rity .shall not extend or apply in respect of an Order granted befo~ e under and in pursl!ance of s?bsection one of this sec~ ion, ~ : ~ ~ ; ~ : and (notwithstandmg anythmg to the contrary contalUedrequired. in such lastmentioned Act, or in any Order in Council granted to a Local Authority, company, or person thereunder, or in any other Act or law) such Order shall authorise and be deemed to authorise the supply of electricity by the said company within so much of the district of any Local Authority as is comprised within the Area for which such Order has been granted notwith- standing that no notice that such Order has been or is intended to be applied for was given to such Local Authority under and in pursuance of the said subsection one of section ten. * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seg.

16528 :ii:LECTRICI'rY. State Elect/'icity Commission Act. 1 GEO. VI. No. 26, Consent of (4.) The provisions of subsection two of section ten ~ ~ ~ ~ ority to of *" The Electric Light and Power Acts, 1896 to 1937," Ord~ r not shall not extend or apply in respect of the Order granted requITed. under and in pursuance of subsection one of this section and (notwithstanding anything to the contrary contained in such lastmentioned Act or in any Order in Council granted to a Local Authority, company, or person thereunder or in any other Act or law) such Order shall not require the consent of any Local Authority, and the Governor in Council shall not be concerned to obtain the consent of any Local Authority thereto. Construction 30. Subject as hereinafter provided, all of the Cofompanies provisions of t" The Companies Act of 1931" shall, Act in mutatis mutandis, apply and extend in respect of the aremlaatligoanmtao- amalgamation of the City Electric Light Company tion. Limited and The Ipswich Electric Supply Company Limited of their respective undertakings under and for the purposes of this Act, for the purposes of which amalgamation the City Electric Light Company Limited shall be and be deemed to be the transferee company and The Ipswich Electric Supply Company Limited shall be and be deemed to be the transferor Company within the meaning of such lastmentioned Act: Provided that if the directors of the respective Companies aforementioned agree to a scheme for the amalgamation of their respective Companies, nothing in the last mentioned Act shall require or be deemed to require- (i.) Application to be made to the court within the meaning of t" The Companies Act of 1931 " for an order directing a meeting of the creditors or any class of creditors or of the members or any class of the members of . either Company concerned for the purpose of considering and/or agreeing to the said scheme of amalgamation; or (ii.) The creditors or any of them, or any class of creditors or any of them, or the members or any of them, or any class of members or any of them of either Company concerned to agree to the said scheme of amalgamation: * 60 Vic. No. 24 and amending Acts, 8upra, pages 702 et ~eq. t 22 Geo. V. No. 53, 8upra, page 13433.

1937. ELECTRICITY. State Electricity Commission Act. 16529 Provided further, that application shall be made to the said court for an order sanctioning the said scheme of amalgamation and the court shall make such order, but may in so doing make provision for all or any of the matters for which provision may be made by the court under and in pursuance of *" The Companies Act of 1931" upon the making by it of an order sanctioning the amalgamation of Companies. 31. (1. ) Notwithstanding anything contained in Application *" The Companies Act of 1931," the memorandum of~ ~ th;a . association and articles of association of the City Electric Ac~ ~ o mes Light Compa:ny Limited; of The Ipswich Electric Supply ~ l: ~ ~ ~ ~ c Company LImited, and of each of them the other Authorities. Companies within the meaning of such last mentioned Act mentioned in Schedule Ill. to this Act shall be deemed to include and to have at all material times included the following objects and powers, namely :- (i.) In the case of the City Electric Light Company Limited, objects and powers enabling the said Company to amalgamate as the transferee Company within the meaning of *" The Companies Act of 1931 " with The Ipswich Electric Supply Company Limited, and' to acquire by purchase the undertaking of each of them the other Companies mentioned in Schedule Ill. to this Act; (ii.) In the case of The Ipswich Electric Supply Company Limited, objects and powers enabling the said Company to amalgamate as the transferor Company within the meaning of *" The Companies Act of 1931 " with the City Electric Light Company Limited; (iii.) In the case <ll each of them the other Companies within the meaning of *" The Companies Act of 1931" mentioned in Schedule Ill. to this Act, objects and powers enabling such Company to sell its respective undertaking to the City Electric Light Company Limited; * 22 Qeo. V. No. 53, 8upra, page 13433.

16530 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, (iv.) In the case of every Company hereinbefore mentioned, such further objects and powers as will enable'such Company to do and execute all such acts, matters, and things as by it may be necessary or expedient to be done or executed for the purpose of carrying out its respective above-mentioned objects and powers. (2.) Every object and every power so included as aforesaid in 'the objects and in the articles of association of any such Company shall, notwithsta.nding anything to the contrary contained in *" The Oompanies Act of 1931," be and be deemed to be and to have at all material times been a lawful object or power of the Company concerned. Effeet of issue of Order. 32. (1.) Upon the grant to it of the Order herein- before referred to in subsection one of section twenty- nine of this Act the City Electric Light Company Limited shall (subject as is provided in the said section and as is hereinafter provided in subsection two of this section in respect of the Area included in such Order) have and possess and be deemed to have and possess all the powers, rights, privileges, and authorities, and be and be deemed to be subject to all the liabilities, duties, obligations, and responsibilities conferred or imposed upon an Electric Authority by t" The Electric Light and Power Acts, 1896 to 1937," and/or any other Act or law conferring powers, rights, privileges, or authorities or imposing liabilities, duties, obligations, or responsibilities upon an Electric Authority in respect of the supply of electricity. Additional liabilities, &e., of Company. (2.) The City Electric Light Company Limited, constituting such Electric Authority as is provided jn the Order referred to in subsection one of section twenty- nine of this Act shall, in addition to but without in any way limiting the liabilities, obligations, duties, and responsibilities to which it is subjected under and in pursuance of subsection one. of this section, be and be deemed to be subject to all such further or other liabilities, obligations, duties, and responsibilities as are imposed upon it under and in pursuance of the agreement published by the Governor in Council by Proclamation published in the Gazette pursuant to section twenty-eight of this Act. * 22 Geo. V. No. 53, 8upra, page 13433. t 60 Vie. No. 24 and amending Acts, 8upra, pages 702 et 8eq.

ELECTRICITY. 16531 1937. State Electricity Com'Yl1lission Act. 33. The provisions of section forty-six of *" The No Loc~ l Electric Light and Power Acts , 1896 to 1937 , " shall not h Au a t v h e o r ~ I l g t h y t to extend or apply in respect of the Order granted under to purchase and in pursuance of subsection one of section twenty-nine : ~~! :l! r~f of this Act and (notwithstanding anything to the taking of the contrary contained in *" The Electric Light and Power Company. Acts, 1896 to 1937," or in any Order in Council granted to a Local Authority, company, or person thereunder, or in any other Act or law) no Local Authority within whose district or part of whose district any part of the Area included in such Order is situated shall have any right to require the City Electric Light Company Limited to sell to such Local Authority any part of its under- taking at any time whatsoever, 34, (1.) In the event of the City 'Electric Light Power of . Company Ll' ml' ted fal 'I l ' ng t 0 acquI'rte he undert akl' ng 0 f GCoouvnecrinlotro ID any Electric Authority to be acquired by such Company purc~ ase under and in pursuance of Schedule Ill. of this Act ~ ~ ~ : ~ aking. then, and in ,any such case, and notwithstanding anything to' the contrary contained in *" The Electric Light and Power Acts, 1896 to 1937," the Governor in Council shall have and is hereby declared to have the power, authority, and jurisdiction conferred upon him by the said Schedule Ill, (2,) In the further event of the Commission satisfying Further the Governor in Council that it would be in the interests g. ~ , ; : ~ otr in of consumers of electricity in any Area within which an Council to Electric Authority other than .the City Electric Light ~~ ~~se Company Limited is authorised to supply electricity takings. that such Area should be included in the Area defined in Schedule Il, to this Act then, and in every such case, and notwithstanding anything to the contrary contained in *" The Electric Light and Power Acts, 1896 to 1937," the Governor in Council shall have and is hereby declared to have in respect of the undertaking of the Electric Authority concerned the power, authority, and jurisdiction conferred upon him by Schedule Ill. to this Act in respect of the undertakings of the several Electric Authorities mentioned in subsection one of this' section, and to the intent that in any such case all of the said provisions of Schedule Ill. and all of the provisions of section forty -fi ve of this Act shall, mutatis mutandis, apply and extend, * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seq, D

16532 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, Power of (3.) At the expiration of the period for which it is ~ In hecG o o u v n e C : l lnor agreed by the Com . mission and the City Electric • Light to purchase Company Limited under and in pursuance of thIS Act ~ ~ ~ i~ ~ : e; ~ he that t~ e said Company sh~ l! be ~ n. Electric Authority Electri~ authorIsed to supply electriCIty wIthm the Area defined n. ~ ,o ut r thho e rlAty rea in Schedule of this Act, and thereafter at the expiration defined in of each and every subsequent period of twelve calendar S~ ~ ~c; Iu~ ~ I. months, the Governor in Council (notwithstanding any- o 18 e. thing contained in *" The Electric Light and Power Acts, 1896 to 1937") shall have and is hereby declared to have the right to require the City Electric Light Company Limited to sell to him for and on behalf of His Majesty the whole of its undertaking as such Electric Authority for such defined Area. Indemnity. 35. No action or other proceeding shall lie or be taken against the Crown or any Minister of the Crown or against any State officer acting for the Crown, or against the Commission or any member or officer of the Commission in respect of any act, matter, or thing done or omitted to be done or purporting to be done or omitted to be done under any of the provisions of this Act by the Commission or any member or officer thereof, or by reason of any failure of the Commission or of any member or officer thereof to comply with any such provision, or by reason of any insufficiency, irregularity, inaccuracy, or omission in the observal1ce by the Commission or by any member or officer thereof of any of the said provisions, whether in substance or in form: Provided always that this section shall not be construed so as to afford any protection to any member or officer of the Commission who has been guilty of fraud or wilful default in connection with any such act or omission. Returns. 36. The Commission may, by a notice in writing under the hand of the secretary or authorised officer require any person, including any Electric Authority under and within the meaning of *" The Electric Light and Power Acts, 1896 to 1937," to make returns within the time specified in the notice for all or any purposes of this Act and/or of *" The Electric Light and Power Acts, 1896 to 1937." If any person or Electric Authority to whom such a notice applies neglects or refuses to make * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seg.

ELECTRICITY. 16533 ]937. State Electricity Commission Act. such a return within the specified time he or it shall be liable to a penalty not exceeding twenty pounds and to a daily penalty of two pounds for every day during which the default continues. 37. The Commission shall cause true and regular Accoun~B accounts to be kept of all sums of money received or paid and audIt. for or on account of this Act or pursuant thereto and of the several purposes for which such sums of money have been received or paid. Statements of accounts shall be exhibited at such places and at such times as may be prescribed. Such accounts shall be audited by the Auditor- General, who shall have with respect to such accounts all the powers conferred on him by *" The Audit Acts, 1874 to 1936." 38. The Commission shall have power and authority Inspection to appoint from time to time by writing under the hand of books, &c. of the secretary any person or persons authorising him or them to inspect and to take copies of any or all books, papers, vouchers, invoices, account sales, return sales, records, or other documents or writings, of any Local Authority, company, or person authorised 'to supply electricity within any Area for the purpose of obtaining any information for the purposes of the Commission, or for checking or verifying any information or particulars which may have been furnished to or acquired by the Commission in relation to the supply of electricity or the cost of production and/or distribution of electricity, or in relation to any other act, matter, or thing concerning the Commission, and for that purpose authorising the person or persons so appointed to enter into or upon any office or premises of such Local Authority, company, or person. Each such Local Authority, company, or person shall provide all reasonable facilities for such entry, inspection, and copying, and each such Local Authority, company, or person, and every officer, agent, or servant of such Local Authority, company, or person, shall furnish to the person or persons so appointed books of account and trading kept and all such information in the power of such Local Authority, company, or person, or of such officer, agent, or servant, as the case may be, as may be reasonably requested of it or him. Any failure ,.. 38 Vjc. No. 12 and amending Acts, supra, pages 74- et seq.

16534 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, or omission by any such Local Authority, company, or person, .or by any such officer, agent, or servant to provide any reasonable facility for such entry, inspection~ and copying, or to furmsh any such information as aforesaid shall be deemed to be a breach of the Act and render the offender liable to a penalty not exceeding one hundred pounds and to a daily penalty of two pounds for every day during which the default continues. General penalty. 39. (1.) Any person who is guilty of an offence, or of a contravention of this Act for which no specific penalty is in this Act provided, shall be liable to a penalty not exceeding fifty pounds. 8ummary (2.) All penalties incurred for any offence against proceedings. this Act may be recovered in a summary way under *" The J~ tstices Acts, 1886 to 1932." gFPouenntaodl. ties to be pa( 3id.) inAtlol apnednafoltrimes praerctoovfetrhede Fuunndde. r this Act shall . & Icnocfm.orpmlaaintitos,n, proce 4 e 0 d . ing (1. u ) nAdenry tihnifsorAmcattimona,y cboemlpaliadi,ntm, aodreo, thoer rtalekgeanl in the name of the Commission by the secretary or by any other officer of the Commission duly authorised in that behalf, either generally or in any particular case. (2.) In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of the Commission or the members thereof, or the secretary or other authorised officer of the Com- mission, or the authority of the secretary or other authorised officer to lay the complaint or to take the proceedings or to do any act or to give any direction or 'issue or serve any notice. Reimburse- ment of -secretary, &c. (3.) The secretary or other authorised officer shall be reimbursed all damages, costs, charges, and expenses to which he is put or with which he becomes ch~ rgeable by reason of anything contained in subsection one of this section. When ~c: ~s of 41. No act or proceeding of or purporting to be - nCootmimnvISaSlIiOd. n aut hOr' ISed by t he COmml. SS.lOn sh a 11 be h e Id to be ' lnval] 'd by reason that the Commission was not properly constituted, or by reason of any invalidity or irregularity in the appointment or tenure of office of any member or members of the Commission, or by reason of there being any vacancy in the number of members of the Commission. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

ELECTRICITY. 16535 1937. State Electricity Commission Act. 42. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any pur- poses, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the -objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. In the making of any such regulations regard may be given to representations from the Commission. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters :- (a) Prescribing the furnishing of information or returns: the form of returns and the contents thereof, and the person or persons (whether an Electric Authority or Electric Authorities or not) or the class or classes of persons (and whether ElectricAuthorities or not) by whom the same or any of them shall be made, and the time and mode of furnishing and the manner of verification of the same; (b) Providing for the procedure in respect of appeals under this Act, and the necessary forms in regard thereto; (c) Prescribing what works to be established and/or extensions of or additions to works to be carried out by an' Electric Authority . for the purposes of its undertaking shall be and be deemed to be routine works and/or extensions of or additions to works for which the prior approval of the Commission need not be obtained; (d) The burden of proof in any prosecution under this Act or regulations; (e) Services of notices; (j) The appointment of and duties of the secretary or other officers of the Commission and the remuneration of such officers;

16536 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, (g) The keeping by Electric Authorities and other prescribed persons of such books, accounts. and records as may be prescribed: prescribing the particulars to be entered therein and the manner of keeping same: also giving power to the Commission to exempt any person from keeping all or any of such prescribed books, accounts, and records if in its opinion the system of keeping any such books, accounts,. and records is sufficient for the purposes of this Act; (h) All forms under this A?t; (i) All matters or things required or permitted by this Act to be prescribed. (2.) The regulations may fix a penalty not exceeding in any case fifty pounds for any breach thereof, and may further provide for a daily penalty not exceeding five pounds for each and every day during which -a breach of any such regulation is continued after a conviction therefor. (3.) Such regulations may be made on the passing of this Act. (4.) Such regulations shall take effect from the date of publication in the Gazette or from a later date to be specified in any snch regulations. S.a'h' t in g.of th 43. Nothing in this Act or in any Schedule thereof SrIogme S r i s l e l t e S ha11 preJ.udI'Ce or affect any rI'ght, t' ItIe, or I' n t erest Dam. which His Majesty, or the Bureau of Industry, or the Brisbane City Council, or any other Local Authority may have in the Somerset Dam (being the dam referred to in *" The City of Brisbane (Stanley River Dam Electricity Supply) Act of 1935" as the Stanley River Dam), or prejudice or affect any right conferred upon the Brisbane City Council under such lastmentioned Act in respect of the supply of electricity to the said dam. ! ~I~ ~ St~ ~ or 44. This Act shall be read and construed so as to Company. require the City Electric Light Company Limited to : ~ [ a~ qUlre acquire the respective undertakings of the several under- Electric Authorities mentioned in Schedule Ill. thereof takings, for the purposes of the inclusion of such undertakings in * 26 Oeo. V. Ko. :n, supra, page 15619.

1937. ELECTRICITY. State Electricity Commission Act. 16537 the undertaking of the said Company for the Area defined in Schedule Il. of this Act and for no other purpose whatsoever, and to the intent that nothing in this Act shall entitle or be deemed to entitle the said 'Company to stand possessed of any such undertaking in the event of the Commission and the said Company failing to enter into the agreement to be negotiated and ·entered into under and in pursuance of this Act, or in the event of the Governor in Council failing to signify by Proclamation in the Gazette his approval of such &greement as so entered into by the Commission and the :said Company: Provided that no agreement, and whether by the Governor in Council or the City Electric Light Company Limited, to acquire the undertaking of any Electric Authority mentioned in Schedule Ill. of this Act :shall have any force or effect whatsoever, or be binding upon any party thereto unless and until the Governor in Council shall signify by Proclamation published in the Gazette his approval of the agreement negotiated and entered into between the Commission &nd the said Company under and in pursuance of this Act :' Provided further, that forthwith upon the issue to the said Company of an Order in Council authorising it to supply electricity within the Area defined in Schedule Il. of this Act the Governor in Council shall cancel every Order in Council by which any Electric Authority mentioned in Schedule Ill. of this Act, the undertaking of which has been acquired by the Governor in Council or the said Company, was authorised to supply electricity within any Area. 45. If the City Electric Light Company Limited Provisi011S becomes the Electric Authority authorised to supply : ! t~ ~ SiOll of electricity within the Area defined in Schedule Il. of undertaking this Act and the Commission satisfies the Governor in ~ ! ~ itt~ : c Council that it would be in the interests of consumers Light o f e I ec t rI " C! t y WI 'th I ' n- C Li o m m i p te a d n . y (a) Any Area for which no Order in Council has been granted authorising a supply of electricity ; or

16538 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, ---------- -- -------------- (b) The Area of any Electric Authority the under- . taking or part of the undertaking of which the said Company has agreed to purchase with the approval of the Commission; or (c) The Area of any Electric Authority the under- taking or part of the undertaking of which has been purchased by the Governor in Council, to extend the abovementioned authority of the said Company to any such other Area then, and in any such case, the Governor in Council may by Order in Council published in the Gazette authorise the Commission (subject to such terms, provisions, limitations, and conditions as may be prescribed in such Order in Council) to negotiate and enter into an agreement with the said Company. as to the terms, provisions and conditions upon and subject to which the said Company shall become an Electric Authority authorised to supply electricity within any such other Area for the balance of the period then unexpired for which it is the Electric Authority authorised to supply electricity within the Area defined in Schedule H. of this Act. Forthwith upon the publication by the Governor in Council by proclama- tion published in the Gazette of any such agreement the City Electric Light Company Limited shall be authorised to supply electricity within such Area or Areas in the same manner and to the same extent as it is authorised to supply electricity in the Area defined in Schedule H. of this Act in accordance with the provisions of section twenty-nine and, subject to the terms, provisions, and conditions contained in such agreement, the Area defined in Schedule H. of this Act shall be deemed to include such Area or Areas. Interpreta. 46. It is hereby declared that subject as is herein- toEifolentchtoerfic8.46 hafatserhpardovtihdeedritghhet Gtooverrenqouririen aCnoyunEcillechtarsicanAdutahlowraiytys LPoigwhetraAncdts. Aaurtehaotroisesdellbtyo ahnimOfrodrerantod osunpbpelyhaelfleocftrHiciistyMwaijtehsitny iatns undertaking where such undertaking is wholly within such Area, or so much of its undertaking as is within the Area whe.re such undertaking is not wholly within such Area; and it is hereby further declared, subject also as is hereinafter provided, that any Electric Authority so required as aforesaid is and always has

ELECTRICITY. 16539 1937. State Electricity Commission Act. been obliged to sell to the Governor in Council for and ()n behalf of His Majesty its undertaking or part of its undertaking, as the case may be: Provided that all of the provisions of *" The Electric Light and Power Acts, 1896 to 1937," relating to the sale to a Local Authority of the undertaking or part of the undertaking of an Electric Authority shall be deemed to apply and to have always applied to the sale of the undertaking or, as the case may be, part of the under- taking of an Electric Authority to the Governor in Council for and on behalf of HisMajesty subject, however, to the following modifications, that is to say, that the notice requiring such sale shall be a notice in writing under the hand of the Minister, and that, where both the Governor in Council and a Local Authority have by the prescribed notice required an Electric Authority to so sell, the Governor in Council shall have the prior right to purchase the undertaking or part of the under- taking concerned; and that where values have in case of difference to be determined by arbitration the Land Court within the meaning of t" The Land Acts, 1910 to 1936" (or any Act amending the same) shall be the arbitrator. 4 7. When the Governor in Council purchases the Pl1yment by undertaking of an Electric Authority under and pursuant gover~ o~ in to the power and authority conferred upon him in that d~~: ~ur~~ behalf by *" The Electric Light and Power Acts, 1934 to for~ mder. 1937," and/or this Act, lie may, for the purposes of paying ~ ~: ~ ~sed fI.onrtshuechprueSnCdreI'rbteadkianmg, ofurnotms atinmdesetocutriemdeasisspureeSCderI' bbeendtuarneds gbdeuyaberhanimnt ute;reesd at the times and in the manner and subject to the ~ y the provisions, conditions, and stipulations as are from time reasurer. to time prescribed. The due payment by the Governor in Council of any such debentures and the interest on such debentures shall be and be deemed to be guaranteed by the Treasurer of Queensland. The Governor in Council may from time to time by Order in Council make arrangements authorising the sale of such debentures in places beyond the limit of the State, and may appoint any agent or agents to negotiate such sale and to enter into and execute any contract or contracts therefor. * 60 Vic. No. 24 and amending Acts, supra, pages 702 et seq. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 etseq.

16540 ELECTRICITY. State Electricity Oommission Act. 1 GEO. VI. No. 26. When any act, matter, or thing is required or permitted by this section to be prescribed, the same may be prescribed by the Governor in Council by Order in Council. General powers. 48. In addition to and without in any way limiting the powers of the Governor in Council, 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 give full effect to the objects, purposes, and provisions of this Act, and where there is in this Act no provision or no sufficient provision in respect to any matter or thing, I;tnd it is deemed necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency. Where power and authority is conferred upon the Governor in Council by this Act to make an Order in Council, he may make such one or more Orders in Council as appear to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. The Governor in Council may amend or rescind any Order in Council by a subsequent Order in Council. No misnomer or inaccurate description or omission in or from any Proclamation or Order in Council shall in any wise prevent or abridge the operation of this Act and the Proclamation or Order in Council with respect to the subject-matter, provided the same is designated so as. to be understood. Proclama· 49. All Proclamations, Orders in Council, and i t n ion C~ s un O ci r l d , ers regu I at ' lOns ma d e or purportm . g to h ave b een ma d e &c., to form under this Act shall be published in the Gazette, and ~ ~ ~ ~ of this thereupon shall 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 Pro- clamation, Order in Council, or regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Proclamation, Order in Council, or regulation. TO' be laid All Proclamations, Orders in Council, and ~ ~ ~~ = ment regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.

ELECTRICITY. 16541 }937. State Electricity Commission Act. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order ir;L Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect,· but without prejudice to the validity of anything done in the meantime and without prejudice to the power to make any further or other Proclamation, Order in Council, or regulations. For the purposes of this subsection the· term "sitting days" shall mean days on which the House actually sits for the despatch of business. Amendments of *" The Electric Light and Power Acts, 1896 to 1934." to 19 5 3 0 4 . " (1 (h .) er * e " in T a h ft e er E i le n ct t r h ic is L s ig ec h t t io a n nd re P f o e w rr e e r d A t c o ts. a , s18th96e A ~ : m ~ ~ e ~ n i d ~ - f tI I e Principal Act) are amended, as follows :-. LPoigwhetraAndcts. (i.) Section three of the Principal Act is amended-Amendment by the insertion therein after the definition of the term of s. 3. " Minister" of the following new definition, namely:- " " Commission "-The State Electricity Com- Commission. mission of Queensland within the meaning of t" The State Electricity Commission Act of 1937." " . (ii.) Mter section twelve of the Principal Act the New s.s. 12A following new sections numbered 12A and 12B are inserted, and 12B. namely:- "r12A.] (1.) Where· an Electric Authority satisfies Power.of. the C-ommission that, having regard to the efficient ~ ~ : msslOn and economic conduct of its undertaking and to ~ lectric the :public interest and to such other circumstances Imes. as to the Commission shall seem relevant, it should be permitted to transmit electricity from any Area or part of an Area included in its undertaking to another part of such Area or to some other Area so included by means of an electric line traversing a route outside any Area included in the undertaking of such Electric Authority then, and in • 60 Vic. No. 24 and amending Acts, supra, pages 702 et seg. t This Act.

16542 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, every such case, the Commission may authorise such Electric Authority to construct and utilise an electric line traversing such route; and it shall be immaterial that such route traverses an Area within which another Electric Authority is authorised to supply electricity. (2.) When any electric line· so authorised by the Commission traverses an Area within which another Electric Authority is· authorised to supply electricity the Electric Authorities concerned may agree as to the terms and conditions upon and subject to which the Electric Authority constructing and utilising such electric line may make use of the lands and/or works of such other Electric Authority for the purpo~ es thereof: Provided that in default of any such agreement the Commission shall have power and authority to determine such terms and conditions as aforesaid. (8.) For the purposes of any permIsSIOn or determination to be made by it under and in pursuance of this section the Commission shall have power and ·authority to make all such inquiries and investigations as to it shall seem fit. (4.) 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 whatsoever. Power of [12B] (1.) Where an Electric Authority satisfies aCwsoamytolmeaivsseiso. n tahreigChotmomfiwssaioyn othveart, iat liosnugn, aubnledetro, aocrquthirreoubgyhagarneyemlaenndt for the purposes of any electric line then, and in any such case, the Commission may, subject as is hereinafter provided, by writing under its seal authorise such Electric Authority to acquire such right of way? and thereupon it shall be lawful for such Electric Authority to acquire such right of way by taking an easement upon such land in the manner provided by *" The Public Works Land Resumption Acts, 1906 to 1926," and all of the provisions of such lastmentioned Acts shall apply and extend accordingly: Provided that the Commission shall not authorise an Electric Authority to acquire a right of way under and * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et 8eg.

1 ~ 137. ELEOTRICITY. State Electricity Commission Ad. 16543 in accordance with this section unless and until such Electric Authority satisfies the Commission that- (i.) Having regard to the under:taking of the Electric Authority concerned and to such other circumstances as to the Commission shall .seem relevant, th e route of the electric line for which the right of way under consideration is required is the most economic and suitable; and (ii.) The Electric Authority concerned has taken all reasonable steps to acquire such right of way by agreement and has failed so to do by no fault of its own. (2.) For the purposes of any decision to be made by it under and in pursuance of this section, the Commission shall have power and authority to make all such inquiries and investigations as it shall seem fit. (3.) The decision of the Commission to grant or to refuse to grant authority to an Electric Authority to acquire a right of way under this section shall be final and conclusive and without appeal to any other tribunal whatsoever." (iii.) Section I6A of the Principal Act is amended Amendment by repealing the first paragraph thereof and by inserting of s. 16A. in lieu of such repealed paragraph the following new paragraphs, namely :- "It shall be the duty of an Electric Authority to furnish to the Minister and/or the Commission at such times and in such form and manner as the Minister and/or the Commission may direct or as may be prescribed such statistics and returns as he and/or it may require or as may be prescribed, or which he and/or it may consider necessary for the purposes of his and/or its powers and duties under this Act: Provided that the form and manner in which such statistics and returns may be directed or prescribed to be furnished and/or the statistics and returns to be furnished may differ in respect of different Electric Authorities or classes of Electric Authorities."

16544 ELECTRICITY. ---------------- State Electricity Commission Act. 1 GEO. VI. ~ O. 26, Amendment .of s. 48. (iv.) Section forty-eight of the Principal Act is amended, as follows :- (a) In the third paragraph of the said section, all words from and including the words" or of (b) a person" to and including the words " this Act" at the conclusion of the said paragraph are repealed itnd the following words are inserted in lieu thereof, namely :-" or of (b) the Commission: Provided that where an Electric Authority agrees with the Commission for the payment by it of any fees and/or expenses of a like nature to the fees and/or expenses provided by such regulations then, and in any such case, such Electric Authority shall not be required to pay the fees and/or expenses prescribed by the regulations while it continues to pay such fees and/or expenses as have been so agreed upon." . (b) Provision (3A) of the fourth paragraph is repealed and the following new provision (3A) is inserted in lieu thereof, namely:- " (3A.) Prescribing returns and statistics and the contents thereof to be made and furnished to the Minister and/or the Commission by persons generally (including Electric Authorities) or by a particular person or Electric Authority, or by any class or classes of persons (including Electric Authorities) and prescribing the form and manner of furnishing such returns and statistics and either gener- ally or in a particular case, or in the case of any class or classes of persons (including Electric Authorities) and prescribing the time and mode of making and furnishing and the manner of verification of all or any such returns and statistics." t(ijoonn. struc- may (2b. e) cTohlleecPtirvienlcyipraelfeArrcetd atsoaamsen " d T e h d e b E y le t c h t i r s ic se L c i t g io h n t and Power Acts, 1896 to 1937."

3937. ELECTRICITY. State Electricity Commission Act. 16545 SCHEDULES. SCHEDULE 1. 1. The secretary shall keep minutes of meetings of the Secretary. Commission, issue notices of meetings, conduct correspondence, keep records of the making of all reports and recommendations, and perform such other duties pertaining to the business of the Commission as the Commission may direct. 2. (1.) A meeting of the Commission shall be held at least once in Meetings of every three months. Commission. (2.) Notice of the time and place of meeting, and of the business to be transacted by the Commission thereat, shall be given to all members at least seven days before the date of the meeting. (3.) The chairman shll,ll preside at every meeting at which he is present. (4.) The business transacted at any meeting shall be that specified in the notice. (5.) Any three members of the Commission of whom the chairman or, in his absence, the deputy chairman shall be one shall form a quorum. (6.) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two members to call such a meeting. If the chairman fails to call a special meeting after such a request any two members of the Commission may call such meeting by a notice signed by themselves. Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be given to members at least seven days before the date of such meeting. The business transacted at any special meeting shall be that specified in the notice. (7.) At any meeting of the Commission, if a quorum is not present within fifteen minutes after the notified hour of meeting that fact and the names of the members present shall be recorded by the secretary in the minute-book. (S.) All powers vested in the Commission may be exercised by a majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. If any m~ mber refuses to vote, his vote shall be counted for the negative. (9.) The order of business at any meeting shall be- (a) Reading of minutes; (b) Reading of correspondence ; (c) Other business.

16546 ELECTRICITY. -------- . .--------------- ------ State Electricity Commission Act. 1 GEO. VI. No. 26, Area. SCHEDULE 11: The Area in respect of which the Commission shall have power, authority, and jurisdiction to negotiate and enter into an agreement with the City Electric Light Company Limited shall be an Area which comprises all Areas within which the said Company is an Electric Authority at the commencement of this Act, together with the Areas within the meaning of *" The Local Government Act of1936 " of the City of Gympie, the Towns of Southport and Coolangatta, and the Shires of Kilcoy, Landsborough, Caboolture, Maroochy, Widgee. Noosa, and Beaudesert: Provided that if the undertaking of The Ipswich Electric Supply Company Limited is acquired by the City Electric Light Company Limited by amalgamation or is acquired by the Governor in Council by purchase and included in the undertaking of the said Company for the above-defined Art'a, then the Area defined in this Schedule shall include and be deemed to include all Areas within which The Ipswich Electric Supply Company Limited is an Electric Authority at the commencement of this Act: Provided further, that if the undertaking of the Electric Construction Co. of Australia Limited is acqUired by the City Electric Light Company Limited or is acquired by the Governor in Council and included in the undertaking of the said Company for the above-defined Area, then the Area defined in this Schedule shall also include and be deemed to include that part of the Local Authority District of Nerang within which the Electric Construction Co. of Australia Limited is an Electric Authority at the commencement of this Act; and, if the undertaking of The Coolangatta Electric Supply Company Limited is acquired by the City Electric Light Company Limited or is acquired by the Governor in Council and included in the undertaking of the said Company for the above- defined Area, then the Area defined in this Srhedule shall also include that part of the Local Authority District of Nerang within which The Coolangatta Electric Supply Compmy Limited is an Electric Authority at the commencement of this Act: Provided always, that if the City Electric Light Company Limited is authorised under and pursuant to section forty-five of this Ad to supply electricity within any other Area, then such Area shall be and be deemed to be included in the Area defined in this Schedule. SCHEDULE Ill. Company to 1. The City Electric Light Company Limited shall- acquire certain other existing under- takings. (i.) Acquire by amalgamation the undertaking of The Ipswich Electric Supply Company Limited; and (ii.) Acquire by purchase the respective undertakings of the Electric Authorities authorised to supply electricity to the Areas of the City of Gympie and the Towns of Southport, Coolangatta, Nambour, and Beaudesert, namely The Universal Electric Supply, Constructing, and Repairing Company, the Electric Construction Co. of Australia Limited, The Coolangatta Electric Supply Company Limited, the Maroochy Shire Council, and the Beaudesert Shire Council respectively. - - - * - 1 - G - eo - . V - I. No. 1, supra, page 16035.

ELECTRICITY. 1937. State Electricity Commission Act. In the event of the City Electric Light Company Limited acquiring the undertaking of The Ipswich Electric Supply Company Limited by amalgamation, the consideration for or the terms and conditions upon which such amalgamation is effected shall be as agreed upon between the said Companies and approved by the Commission. The purchase price of each of the undertakings mentioned in paragraph (ii.) of this clause shall be as agreed upon between the City Electric Light Company Limited and the respective Electric Authority concerned and approved by the Commission: Provided that this clause shall be read and construed subject to the following provisoes, that is to say:- A-That no undertaking to be acquired by the City Electric Light Company Limited as aforesaid shall include any land or works of the respective Electric Authority concerned other than such lands and works owned by such Electric Authority within the © State of Queensland as are suitable to and used by it for the purposes of its undertaking as such Electric Authority; B-That the value of such lands.and works as may be included in any undertaking to be acquired by the City Electric Light Company Limited as aforesaid shall be fixed at their fair market value at the time of the acquisition thereof, due regard being had to the nature and then condition of such works, and to the state of repair thereof, and to the circumstances that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking, but without any addition other than the addition as set out in the next following proviso in respect of compulsory sale, or of goodwill, or of any profits which may have been made from the undertaking, or of any similar considerations; C-That where any Order authorising any such Electrip. Authority to supply electricity within an Area had not expired upon the date when the said the City Electric Light Company Limited acquired the undertaking of such Electric Authority, the purchase price payable for such undertaking shall include reasonable compensation to the Electric Authority concerned for the loss of an;v profits which it establishes would have accrued to it during the period from and after the date of the acquisition of its undertaking by the said Company and up to and including the earliest date when the Governor in Council or a Local Authority could compel such Electric Authority to sell to him or it such part of its undertaking as is within such Area if such Electric Authority had continued to supply Electricity within such Area. This proviso C shall not apply or extend in respect of the acquiring by amalgamation under and in pursuance of paragraph (i.) of this clause of the 16547

16548 ELECTRICITY. ---------------------------- State Electricity Commission Act. 1 GEO. VI. No. 26, undertaking of The Ipswich Electric Supply Company Limited by the said the City Electric Light Company Limited. When 2. In the event of the City Electric Light Company Limited Governor in failing- Council may acquire certain (i.) To acquire by amalgamation the undertaking of J.'he Ipswich Electric Supply Company Limited existing owing to the fact that the said Companies are unable to under- takings. agree upon the consideration for or other terms and conditions of the amalgamation, or to the fact that the Commission refuses to approve of such consideration or other terms and conditions so agreed upon by the said Companies; or (ii.) To acquire the undertaking of any other Electric Authority to be acquired by it under this Schedule, owing to the fact that the said Company is unable to agree with the Electric Authority concerned as to the purchase price of such undertaking, or to the fact that the Commission refuses to approve of the purchase price for such under- taking agreed upon between the said Company and the Electric Authority concerned, then, and in every such case, the Governor in Council may (and not- withstanding anything to the contrary contained in *" The Electric Light and Power Acts, 1896 to 1937," or in any Order made under and pursuant to such Acts, or in any other Act) require the Electric Authority concerned to sell, and thereupon such Electric Authority shall sell, to the Governor in Council its undertaking. For the purposes of any such sale to the Governor in Council as aforesaid all of the provisions of section forty-six of *" The Electric Light and Power Acts, 1896 to 1937," shall, mutatis mutandis, but subject to the modifications hereinafter provided, extend and apply: Provided that the said section forty-six as so extended and applied as aforesaid shall be read and construed subject to the following modifications, that is to say :-,- (i.) The Governor in Council shall be the person who may require the Electric Authority concerned to sell, and to whom thereupon the Electric Authority concerned shaH sell, its undertaking; (ii.) The time when the Governor in Council may by notice in writing require the Electric Authority concerned to sell to him shall be any time within the period of six months next after the date when he is officially advised by the Commis- sion that, in the case of The Ipswich Electric Supply Company Limited, such Company has refused or flJ-iled to agree to the consideration for or terms and conditions of its amalgamation with the Company: or, that in the case of any other such Electric Authority, such Electric Authority has refused or failed to agree to the purchase price for its undertaking: or that, in any such case, the Commission has refused to approve of the purchase price agreed upon, or to the consideration for or terms and conditions 6f the amalgamation of The Ipswich Electric Supply Company Limited with the Company; * 60 Vic. No. 24 and amending Acts. supra, pages 702 et seq.

ELECTRICITY. 16549 1937. State Electricity Commission Act. (iii.) The provisions of proviso C as hereinbefore set out in clause one of this Schedule shall apply and extend to any such purchase by the Governor in Council; (iv.) Where values are in case of difference to be determined by arbitration, the Land Court within the meaning of *" The Land Acts, 1910 to 1936" (or any Act amending the same) shall be the arbitrator. 3. Every undertaking acquired by the City Electric Light U~ < ; ler. Company Limited under and in pursuance of this Schedule shall be ~ :~ ls ~ ~ d included by the Company in its undertaking for the Area defined in by the u Schedule n. of this Act. Company in Where any undert akm· g ment'lOned'm th I ' S Schedule ' IS acqUI.red itatskiunngd.er- by the Governor in Council by reason of the failure of the City Electric I .. ight Company Limited to acquire same, then, and in any such case, the Governor in Council may include such undertaking in the under. taking of the City Electric Light Company Limited for the Area defined in Schedule n. of this Act upon such terms and conditions as the Commission shall recommend. SCHEDULE IV. 1. The period for which the Company shall be authorised to Period of supply electricity for the Area set forth in clause one of this Schedule Order. shall be such period as is agreed upon between the Commission and the Company, but shall be a period of not less than ten nor more than fifteen years. 2. The City Electric Light Company Limited shall agree with t,he Price of Commission that the maximum price to be charged by the Company elect~icity in for electricity supplied within that part of the Area which is within c~rlam parts any part of the Area defi.ned in Schedule n. of this Act other than the 0 rea. City of Brisbane shall not at any time exceed by more than ten per centum the maximum price charged by the Company for the supply of electricity in a like case within the City of Brisbane at the commencement of this Act. 3. The Commission and the Company shall divide the Area Area of defined in Schedule n. of this Act into divisions, and the agreement Company to shall describe the several divisions and shall specify the time within be divided. which it shall be obligatory upon the Company to supply electricity within each such division. 4. There shall be determined in the manner hereinafter provided Value of and included in the said agreement the sum of the following values, un~ er- that is to say:- takmg of Company to (i.) The value, as at the commencement of this Act, of all such be lands and works of the City Electric Light Company determined. Limited as are suitable to and used by the said Company for the purposes of its undertaking as such Elef1tric Authority; and * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

16550 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, (ii.) Where the City Electric Light Company Limited has, under and in pursuance of Schedule Ill. of this Act, acquired by amalgamation the undertaking of The Ipswich Electric Supply Company Limited the value, as at the date of such amalgamation, of all such lands and works of The Ipswich Electric Supply Company Limitedas were suitable to and used by The Ipswich Electric Supply Company Limited for the purposes of its under- taking as such Electric Authority; and (iii.) Where the City Electric Light Company Limited has acquired by purchase the undertaking of any other Electric Authority to be so acquired by it under and in pursuance of Schedule Ill. of this Act the value, as at the date of such purchase, of all such lands and workH of such other Electric Authority as were suitable to and used by such Electric Authority for the purposes of its undertaking; (iv.) Where the Governor in Council, consequent on the failure of the City Electric Light Company Limited to acquire by amalgamation the undertaking of The Ipswich Electric Supply Company Limited, or to acquire by purchase the undertaking of any other Electric Authority which it is required to so acquire under and in pursuance of Schedule Ill. of this Act, has (under and 'in pursuance of the said Schedule Ill.) acquired by purchase any such undertaking and included same in the undertaking of the City Electric Light Company Limited for the Area defined in Schedule Il. of this Act upon a term or condition that the City Electric Light Company Limited shall refund to him the purchase price thereof, then, and in every such case, the value, as at the date of such inclusion, of all such lands and works of the Electric Authority concerned as were suitable to and used by such Electric Authority for the purposes of its undertaking. Meth~ d of 5. All such values as aforesaid shall, subject as is hereinafter determining provided, be determined by agreement between the Commission and value of the the City Electric Light Company Limited: undertaking of the Company. Provided that- (a) In the event of the purchase by the City Electric Light Company Limited of the undertaking of any other Electric Authority the undertaking of which is to be acquired by such Company under and in pursuance of Schedule Ill. of this Act, the value of the lands and works of such under- taking for the purposes of this clause shall be the purchase price as approved by the Commission under and in pursuance of clause one of Schedule Ill. of this Act; (b) In the event of the Governor in Council having purchased the undertaking of The Ipswich Electric Supply Company Limited consequent on the failure of the City Electric Light Company Limited to acquire same by amalgamation, or having purchased the undertaking of any other Electric Authority the undertaking of which is required to be acquired by the City Electric Light Company Limited under and in pursuance of Schedule Ill. of this

1937. ELECTRICITY. State Eleckicity Commission Act. 16551 Act consequent on the failure of the City Electric Light Company Limited to acquire such undertaking by purchase, and in the further event of the Governor in Council having included any such undertaking so acquired by him in the undertaking of the City Electric Light Company Limited for the Area dMined in Schedule H. of this Act upon a term or condition that the City Electric Ligl;tt Company Limited shall refund to him the· purchase price thereof, then, and in every such case, the value of the lands and works of every such undertaking so included shall be the purchase price thereof to be refunded to the Governor in Council. 6. The City Electric Light Company Limited shall agree with Agreement the Commission that during the period, being the period from and as to new after the commencement of this Act and until the Governor in Council , , ;or~, &c., exercises the right to purchase the undertaking used by the said ~o: n; any. Company for the supply of electricity within the Area defined in Schedule H. of this Act, the said Company shall not acquire or establish any further or other land or works to be used for the purposes of such undertaking or extend or add to any existing works so used unless the said Company shall first furnish to the Commission a schedule of the capital amount to be expended upon acquiring such lands, or establishing such works, or carrying out such additions or extensions, as the case may be, and shall obtain the approval of the Commission thereto. This clause shall extend as well to the undertaking of the said Company existing at the commencement of this Act as to its under- taking existing at the date when the Governor in Council shall authorise it to supply electricity within the said defined Area: Provided that the Commission may agree that works, or additions to or extensions of works the cost of which shall not exceed a sum fixed by the Commission shall be deemed to be routine ~ orks or additions to or extensions of works which may be established or carried out· without the prior approval of the Commission: Provided always that the Company shall agree to furnish to the Commission an annual return of all works established and additions and extensions carried out, the capital expenditure on which is not required to be approved by the Commission. All schedules and returns mentioned in this clause shall be in such form and contain such particulars and be verified in such manner as the Commission may from time to time direct. Where a return made under this clause discloses that the said Company has expended capital on a work or extension or addition not suitable to or not used in the undertaking of the said Company as an Electric Authority for the Area defined in Schedule H. of this Act the Commission may disallow such capital expenditure; and where such retlfrn discloses that any such capital expenditure was extravagant or otherwise unreasonable the Commission may reduce same to what it considers a reasonable amount, and any sum so expended in excess of such reduced amount shall be deemed to be capital expenditure disallowed by the Commission : Provided further, that the Company shall have the same right of appeal to the Industrial Court from any decision of the

16552 ELECTRICITY. State Electricity Commission Act. 1 GEO. VI. No. 26, Commission disallowing capital expenditure as is provided for in section twenty of this Act, and the provisions of such section shall, mutatis mutandis, extend accordingly. Value of 7. There shall be added to the sum of the values ascertained under undertaking and in pursuance of clause four of this Schedule all capital expenditure ctoapiintcallude by the City Electric Light Company Limited upon- expended on new works, &c. (i.) Acquiring lands, establishing works, and/or carrying out additions to or extensions of works with the approval of the Commission; and (ii.) Establishing routine works and/or carrying out routine additions to or extensions of works not required to be approved of by th5 Commission, unless the Commission shall disallow the capital expenditure thereon. Provision as to bulk supply of electricitv in certaU; parts of Area. 8. Before entering into the agreement with the City Electric Light Company which it has power, authority, and jurisdiction to negotiate and enter into under this Act, the Commission shall determine whether economy of cost and avoidance of duplication of works will be achieved in the supply of electricity to the Town of Caboolture and the district surrounding that town by obtaining in bulk from the Brisbane City Council the electricity necessary for such supply, such bulk supply of electricity to be transmitted to Caboolture by means of the transmission line erected by the Brisbane City Council under and in pursuance of *" The City of Brisbane (Stanley River Dam Electricity Supply) Act of 1935," for the supply of electricity to the Somerset Dam, being the dam referred to in such lastmentioned Act as the Stanley River Dam. Agreement 9. In the event of the Commission determining that economy as to bulk of cost and avoidance of duplication of works will be achieved in the SUPtPll'y for ts supply of electricity to the Town of Caboolture and the dil'!trict ocefrAarena. par surrouno '" mg t h at town b y 0 b ta " mmg a supp I y m . b ulk 0 f e I ectricity for that purpose in the manner set out in clause eight of this Schedule, then the Commission shall further determine the terms and conditions upon which the Brisbane City Council shall supply to and the City Electric Light Company Limited shall obtain from the Brisbane City Council electricity in bulk for the purpose aforesaid; and thereupon the Brisbane City" Council and the City Electric Light Company Limited shall do and execute all such acts. matters, and things as the Commission shall deem necessary to secure the supply by the said Council and the obtaining by the said Company of adequate supplies of electricity in bulk for such purpose upon the terms and conditions so determined. Review of 10. Notwithstanding any other provIsIOn of this Act the determina- Commission may at. any time (due regard being had to the public tbiuolnkassutpoply. itnratenrsemsti) ssdieotnerlimnieneerwechteedthbeyr itnhietsBorpisibnaionne iCt iitsyaCdvoiusnacbillefotor ttrhaenpsfuerrpothsee of transmitting electricity to the said dam to the City Electric Light Company Limited. * 26 Geo. V. No. 31, 8upra, page 15619.

ELECTRICITY. 16553 ]937. State Electricity Commission Act. 11. If the Commission decides that the said transmission line Purchase of mentioned in clause eight of this Schedule should be so transferred, t;-ansmission the City Electric Light Company Limited shall purchase such ~ ille by transmission line from the Brisbane City Council and the Brisbane ompany. City Council shall sell to the said Company such transmission line at a price to be agreed upon, or failing such agreement at such price as shall be fixed by the Commission, and thereupon such trans· mission line shall be and be deemed to be included in the undertaking of the said Company used for the supply of electricity to the Area defined in Schedule n. of this Act. 12. In the event of the purchase by the City Electric Light Com. P~ rchase pany Limited of the transmission line mentioned in clause eight of this prICe o~ . Schedule, the purchase price thereof shall be added to the sum of the ~: : ~~ ~ :lOn values ascertained under and in pursuance of clause four of this included in Schedule. the value of the under. takings of the Company. 13. The Commission and the City Electric Light Company Rate of Limited shall agree upon a rate, which shall be the annual rate of depreciation depreciation during the period for which it is agreed between the of ~ het ki Commission and the said Company that the said Company shall be an : be: a~ re~ ~ Electric Authority authorised to supply electricity within the Area upon. defined in Schedule n. of this Act, and thereafter from year to year until the Governor in Council acquires by purchase the undertaking of the said Company as such Electric Authority for and on behalf of His Majesty of- (a) All lands and works the value of which is included in the sum of the values determined under and in pursuance of clause four of this Schedule; and - (b) All lands and works (including extensions of or additions to works) the capital expenditure on which is, under and in pursuance of clause seven of this Schedule, added to the sum of the values determined under and in pursuance of clause four of this Schedule; and (c) The works included in the transmission line purchased by the said Company under and in pursuance of clause eleven of this Schedule in the event of such purchase having been made. The annual rate of depreciation so agreed upon may vary in respect of different lands or works or classes of lands or works. The agreement shall embody the annual rate of depreciation so agreed upon and either generally or in respect of any lands or works or in respect of any class of land or works. 14. The City Electric Light Company Limited shall agree with the Company to Commission that the said Company shall, if and when required so to agree to do by notice in writing under the hand of the Minister, sell to the sal~ of t~ Governor in Council for and on behaif of His Majesty the whole of its: t~ : ta g undertaking as an Electric Authority authorised to supply electricity Crown. within the Area defined in Schedule n. of this Act at the expiration of the period for which it is agreed between the Commission and the said

~ 6554 ELECTRICITY. State Electricity Commi88ion Act. 1 GEO. VI. No. 26, 1937. Company that the said Company shall be such Electric Authority for the said defined Area, or at the expiration of any subsequent period of twelve calendar months thereafter, according as such notice may require. Provisions deemed to be inserted in the agreement. 15. The following provisions shall be deemed to be inserted ilt and to form part of the agreement negotiated and entered into between the Commission and the City Electric Light Company LiInited under and in pursuance of this Act, and shall have force and effect aocordingly; namely;- That the purchase price to be paid by the Governor in Council to the City Electric Light Company Limited upon the purchase by him for and on behalf of His Majesty of the whole undertaking of the said Company as an Electric Authority authorised to supply electricity within the Area defined in Schedule n. to this Act shall be ascertained by aggregating the following sums, that is to say;- (i.) The sum of the values determined under and in pursuance of clause four of Schedule IV. of *" The State Electricity Commi88ion Act of 1937," and (ti.) The total capital expenditure which, under and in· pursuance of clause seven of Schedule IV. of *" The State' Electricity Commi88ion Act of 1937," has been added to the sum of the values mentioned in paragraph (i.) of this provision, and (iii.) The purchase price paid by the said Company for the transmission line purchased by it under and in pursuance of clause eleven of Schedule IV. of *" The State Electricity Commis8ion Act of 1937" in the event of the said Complny having purchased such transmissiou line, and (iv.) The purchase price paid by the said Company for any undertaking or part of any undertaking purchased by it with the approval of the Commission under and pursuant to section forty-five of *" The State Electricity Commi88ion Act of 1937," and (v.) The purchase price paid by the Governor in Council for any undertaking of any Electric Authority purchased by him under and pursuant to subsection two of section thirty-four of *" The State Electricity Commi88ion Act of 1937" in the event of his having included same in the undertaking of the Company for the Area defined in Schedule n. to such lastmentioned Act upon a condition of the said Company refunding to him the purchase price thereof, and by deducting from the aggregate sum so arrived at depreciation in respect of all lands and wqrks included in such undertaking at the time of such purchase for the whole of the period during which they have been so included at the rate of depreciation agreed upon between the Commission and the said Company under and in pursuance of -clause thirteen of Schedule IV. of *" The State Electricity Commi88ion Act of 1937." * This Act.

ELECTRICITY-EVIDENCE. 1GEo. VI. No. 24, 1937. Evidence (Attestation of Documents) Act. 16555 16. The Commission and the said Company shall subject as Terms of hereinafter provided agree as to the terms of payment for the above payment. undertaking upon the purchase thereof as aforesaid by the Governor in Council: Provided that it shall be agreed that such payment shall be made either in cash or by debentures or partly in cash and partly by debent.ures. EVIDENCE. An Act relating to the Attestation of Documents 1 NGoeo. . 24 V . I. outside the State of Queensland. THE EVIDENCE [ASSENTED TO . 19TH NOVEMBER, 1937.] (ATTESTATION OF Docu· MENTS) ACT OF 1937. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Ilegis- lative Assembly of Queensland in Parliament assembled~ and by the authority of the same, as follows:- 1. This Act may be cited as "The Evidence Short title. (Attestation of Documents) Act of 1937." 2. (I.) This Act shall be read as one with *"Theconstruction EvidenceAct of 1898." of Act. (2.) This Act shall come into operation on a This Act P da r otec 1 atmo abtle . OpnrpoUclbaliimsheedd b m . yt hthee G a G z o et v te e . r-nor in Council by adtooapptecreroo. amcltIa.oeinmineotdon 3. Notwithstanding any Act or law or rule or Attestation, process of law to the contrary, where by any Act of this ~ c. , of ts State, or by any Order in Council, regulation, rule, oro: = ~ he by-law made pursuant to any Act of this State, any State. document is required, authorised, or permitted to be attested or verified by or sighed or sealed or sworn or * 62 Vie. No. 15, supra, page 739.