State Electricity Commission Acts Amendment Act of 1948 (12 Geo Vi No. 10) (Qld)

ELECTRICITY. 12 GEO. VI. No. 10, 1948. State Electricity, Etc., Amendment Act. 73 An Act to Amend "The State Electricity Commission 12 GEO. VI. No. 10. Acts, 1937 to 1947", in certain particulars. STAT>' ELECTRICITY COMMISSION [ASSENTED TO 15TH MARCH, 1948~ ] ACTS AMENDMENT ACT OF 1948. 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 aEsembled, and by the authority of the same, as follows:- 1. This Act may be cit.ed as " The State Electricity Short title Commission Acts Amendment Act of .1948," a~ d .shall be ~ : - struction. read as one with *" The State Electnctty Commtsswn Acts, 1937 to 1947," herein referred to as the Principal Act. The Principal Act and this Act may be collectively C;ollective cited as "The State Electricity Commission Acts, 1937 tItle. to 1948." . 2. Except as herein otherwise provided this Act Commence. shall come into operation on and from the first day of ment of Act. July, one thousand nine hundred and forty-eight. 3. Section two of the Principal Act is amended as Amendment follows :- of s. 2. (a) The definition of the term "Chairman" appearing therein is repealed. (b) The following definition of the term " Commis- sioner " is inserted therein after the definition of the term " Commission", namely :- " " Commissioner" -The Commissioner for Elec- Commis- tricity Supply appointed under this Act; sioner. the term where necessary includes any person for the time being performing the duties and functions of the Commissioner." (c) In the definition of the term "Minister" the words "Public Works" are repealed and the words "Labour and Industry" are inserted in lieu of such repealed words. 4. Section three of the Principal Act is amended as Amendments follows :- of s. 3. (i.) In subsection one thereof the words " 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from time to time by the Governor in Council by commission under his hand and the Public Seal of the State" are repealed. * 1 G. 6 No. 26 and amending Acts.

74 ELEOTRICITY. State Electricity, Etc., Amendment Act. 12 GEO. VI. No. 10, (ii.) Subsections two and three and paragraphs (a), (b) and (c) of subsection four thereof are repealed. (iii.) Paragraph (d) of subsection four thereof is repealed on and from the passing of this Act and this paragraph (iii.) of this section shall come into force on the passing of this Act accordingly. (iv.) Subsection five thereof is repealed. (v.) Subsection one thereof as amended by this section is renumbered section three. Repeal of 5. Section four of the Principal Act is repealed and and new s. 4. the following section is inserted in lieu thereof, namely : - Commission " [4.] (1.) The Commission shall be a corporation !~ r~~ ration sole under the name and style of " The State Electricity sole. Commission of Queensland," and by that name shall have perpetual succession and an official seal. The Commission shall be capable in law of suing and being sued, and of taking, purchasing, holding, alienating, conveying, and otherwise dealing with real and personal, moveable and immoveable property within and, excepting real property, outside the State of Queensland, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2.) All Courts, J udges, Justices, and persons acting judicially shall take judicial notice of the appointment of the Commissioner and of the Secretary to the Commis- sion and of their respective signatures and of the seal of the Commission affixed to any document, notice, or other writing, and, until the contrary is proved, shall presume that any such signature or such seal, as the case may be, was duly affixed to any document, notice, or other writing." Repeal of 6. Sections five, six, seven, and eight of the Principal and new ss. Act are repealed and the following sections are inserted 5,6,7, and 8. in lieu thereof :_ Commis- sEiloencetrrifcoirty Supply. "[5.] (1.) The Commissioner in office as Chairman of the State Electricity Commission immediately prior to the first day of July, one thousand nine hundred and forty-eight, shall be appointed as the first Commissioner for Electricity Supply under the power conferred by subsection two of this section and a commission as provided for in the said subsection two shall be issued to him. Such commission may be so issued at any time after the passing of this Act.

1948. ELECTRICITY. State Electricity, Etc., Amendment Act. 75 (2.) When and so often as a vacancy occurs in the office of Commissioner for Electricity Supply, a Commissioner shall be appointed by the Governor in Council by commission under his hand and the Public Seal of the State and, shall, subject to this Act, hold office for such period not exceeding seven years, as the Governor in Council shall fix, and be eligible for re-appointment. (3.) In the event of the absence from duty for any reason whatsoever of the Commissioner the Governor in Council may appoint a person to act as Commissioner for Electricity Supply, and such person whilst he so acts, shall constitute the State Electricity Commission of Queensland and shall have and may exercise all of the powers, functions, and authorities and shall perform all of the duties of the Commissioner. The fact that a person so appointed has constituted the Commission or has exercised any power, function, or authority or performed any duty of the Commissioner shall, until the contrary is proved, be conclusive evidence that the Commissioner was then absent from duty. (4.) Moreover in the event of the death of the Deput~ Commissioner the Governor in Council may appoint a ~ ~ = ~ s~ act person to act as the Commissioner for Electricity Supply in case of until a new Commissioner is appointed and such person ~ ~ ~ fs~ while he so acts shall constitute the Commission and sioner. shall have and may exercise all of the powers, functions, and authoritIes, and shall perform all of the duties, of the Commissioner. (5.) The Commissioner and a person appointed to Salary of act as the Commissioner shall respectively be paid such qorrunis- d salaries and allowances as the Governor in Council shall ~~~~;n fix. Commis- sioner. [6.] The Commissioner shall be deemed to have Disqualifica- vacated his office- tions from o:nce of (i.) If he directly or indirectly engages in any qommis- paid employment outside the duties of his SlOner. office or of any office to which he is appointed by virtue of his position of Commissioner, or directly or indirectly engages in any trade or business except as a member of a body

76 ELECTRICITY. State Electl'icity, Etc., A'mendment Act. 12 GEO. VI. No. 10, corporate consisting of more than twenty persons which is neither an Electric Authority nor a company engaged in any way in the electrical industry; or (ii.) If he becomes bankrupt, or presents a bank- ruptcy petition against himself, or enters into any composition, or scheme of arrangement, or deed of assignment without sequestration. or deed of arrangement under Parts XI. or XII. of the Bankruptcy Act, 1924-1945 of the Commonwealth (including any Act or law in amendment thereof or substitution therefor), or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii.) If, except by reason of illness or physical incapacity or on leave granted by the Minister (power to grant such leave being hereby authorised), he absents himself from duty for fourteen consecutive days or for twenty-eight days in all in any calendar year; or (iv.) If he is convicted of a criminal offence for which he is liable to be punished by imprison- ment for twelve months or more; or (v.) If he dies or becomes mentally sick; or (vi.) If he is removed from office by the Governor in Council for misbehaviour or incapacity; or (vii.) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission or in anywise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom; or (viti.) If he resigns his office by writing under his hand addressed to the Minister and such resignation is accepted by the Governor in Council.

1948. ELECTRICITY. ~ -- --~ --- -- - -- State Electricity, Etc., Amendment Act. 77 [7.] (1.) The Commissioner may, with the consent Del~ gation of the Mini . ster ' in . relation to any . matters or clas . s , of o b f y htIhSepowers matters or m relatIOn to any speCIfied area by wrItmg ~ 0Il1Il1i8. under his hand, delegate such of his powers, functions, SlOner. authorities, and/or duties under this Act and/or *" The Electric Light and Power Acts, 1896 to 1946" and/or t" The Regional Electric Authorities Acts, 1945 to 1946" (other than this power of delegation) as he thinks fit, so that the delegated powers, functions, authorities, and/or duties may, subject to this Act and/or the said Acts or any of such Acts, be exercised by a delegate with respect to the matters or class of matters specified in the instrument of delegation. (2.) Where under this Act and/or the said Acts or any of such Acts, the exercise of any power, function, or authority by the Commissioner is dependent upon the opinion, belief, or state of mind of the Commissioner in relation to any matter, that power, function, or authority may be exercised by the delegate upon the opinion, belief, or state of mind of that delegate. (3.) Every delegation shall be revocable by the Commissioner at his will, and shall be revoked by him if the Minister so directs, and no delegation shall prevent the exercise of the delegated power, function, authority, or duty by the Commissioner. (4.) The Minister may cause to be made or the Commissioner may, with the consent of the Minister, make such and so many delegations under this section and to such number of persons, as may be considered to be necessary or desirable. [8.] (1.) On and from the first day of July, one Reconstitu- thousand nine hundred and forty-eight (hereinafter tion oft~ e in this section referred to as "the said date") the ~ ~ rlhi: ' ~ ~ ~ ~ Commissioner for Electricity Supply shall constitute the Eolectri.ci~y Corporat I·On 0 f The Stat e ElectrI" CIty CommlS. S.IOn 0 f omIl1ISSlOn. Queensland constituted under this Act in succession to the Commissioners theretofore appointed under this Act to constitute the said Corporation and in office immediately prior to the said date. * 60 V. No. 24 and amending Acts. t 9 G. 6 No. 16 and amending Acts.

78 ELECTRICITY. State Electricity, Etc., Amendment Act. 12 GEO. VI. No. 10> (2.) The commission of appointment of every Commissioner, appointed as such under this Act prior to the said date, and in office as such immediately prior to the said date, shall be and is hereby terminated, and every such Commissioner shall be deemed to have vacated and shall vacate his office as such Commissioner as from midnight of the day next preceding the said date. Except as provided by section five of this Act, no such Commissioner shall have any right or remedy whatsoever against the Crown, the Minister, or any other person whomsoever by reason of the termination of his commission and/or the vacation of his office as Commissioner under and pursuant to this subsection. (3.) Neither the constitution in office, on and from the said date of the Commissioner for Electricity Supply in lieu of the Commissioners in office theretofore as the corporation of The State Electricity Commission of Queensland, nor the consequent change in constitution from a body corporate to a corporation sole of the said corporation, made under and pursuant to the amendments of this Act made by *" The State Electricity Oommission Acts Amendment Act of 1948," shall affect the continuity of the identity, or any rights or obligations of the said corporation, or render defective any legal proceedings by or against the said corporation, and any legal proceedings that might have been commenced or continued by or against the said corporation as a body corporate constituted by Commissioners may, on and from the said date, be commenced or continued against it as a corporation sole constituted by the Commissioner for Electricity Supply. (4.) The changes in the constitution of the Corpora- tion of The State Electricity Commission of Queensland made under and pursuant to the amendments of the Principal Act, made by *" The State Electricity Oommission Acts Amendment Act of 1948," shall not prejudice any reference in this Act or in any other Act to the Commission or to the Chairman of the Commission or to a Commissioner and any such reference to the Commis- sion shall be read as referring to the Commission as constituted under and pursuant to this Act as so amended, * , [, hi~ Act.

ELECTRICITY. ----"---------------------- 1948. State Electricity, Etc., Amendment Act. 79 ~ nd any such reference to the Chairman of the Commission or a Commissioner shall be read as referring to the Commissioner for Electricity Supply. (5.) Any reference in any Act, Proclamation, Order in Council, regulation, license, approval, authority, permit, direction, determination, order, prohibition, or other act of executive or administrative authority, or in any agreement, contract, deed, or other document, instrument, or writing whatsoever to the Corporation of The State Electricity Commission of Queensland shall be read and construed as referring to the said Corporation as constituted by this Act as amended by *" The State Electricity Commission Acts Amendment Act of 1948," and shall, on and from the said date, operate and have effect accordingly." 7. Section nine of the Principal Act is repealed. Repeal of s.9. 8. Section ten of the Principal Act is repealed. Repeal of s. 10. 9. In subsection five of section eleven of the Amendment Principal Act the words "of the chairman, members, ofs.ll (5). secretary, and other officers thereof" are repealed and ~ he words" of the Commissioner, secretary, and other officers thereof and any other moneys expended under this Act " are inserted in lieu of such repealed words. 10. Section thirteen of the Principal Act is repealed. Repeal of B. 13. 11. Subsection three of section fourteen of the Amendment Principal Act is amended by repealing the words "or of s. 14 (3). any member or members of the Commission appointed by it in that behalf," and also by repealing the words "or any member or members thereof so appointed." 12. Section twenty-five of the Principal Act is Amendment amended as follows :_ of s. 25. (a) The following paragraph is inserted after para- graph" (e) " of subsection one thereof, namely : - " (e1) To regulate and control with full regard to efficiency, economy, and good business methods and practices and in particular the * This Act.

80 ELECTRICITY. State Electricity, Etc., Amendment Act. 12 GEO. VI. No. 10, prevention and avoidance of methods and practices which in the opinion of the Commis- sion are uneconomic, inefficient, or otherwise detrimental or likely to be detrimental to consumers of electricity- (i.) The exerCIse by Electric Authorities, including Regional Electricity Boards and Electric Authorities which are Local Authorities, of the power of supplying, installing, trading in, selling, andior hiring electric fittings, apparatus, and/or appliances to consumers of electricity; and (ii.) The acquiring by purchase or otherwise by Electric Authorities of goods, machinery, materials, and equipment, particularly electrical goods, material, and equipment, required for, or incidental to or necessary for the respective undertakings of such Electric Authorities; and to the extent to which the Commission deems it necessary or desirable so to do for the purposes of this paragraph, to itself trade in, buy and sell electrical fittings, apparatus, appliances and goods, machinery, materials and equipment, particularly electrical goods, machinery, materials and equipment required for or incidental to or necessary for the undertakings of electric authorities." (b) In subsection two thereof the words" For the purposes " are repealed and the words " For the purposes of exercising its functions and powers under paragraph (el) of subsection one of this section and/or for the purposes" are inserted in lieu of such repealed words. (c) The following paragraph is added to subsection four thereof, namely ;- "Moreover, under the powers conferred upon the Commission by paragraph (el) of subsection one of this section, the Commission may, with the approval of the Governor in Council, direct Electric Authorities as respects business methods and practices or prohibit, in relation to any matter or thing specified in the said

1948. ELECTRICITY. State Electricity, Etc., Amendment Act. 81 paragraph (e), any transaction, method or practice which in its opinion is uneconomic, inefficient or otherwise detrimental or likely to be detrimental to consumers of electricity, whether consumers in the Area of a particular Electric Authority or generally throughout the State: Provided that the said paragraph (el) shall have operation and effect so as not to prejudice or affect an agreement or any term provision or condition of an agreement entered into by the Commission with an Electric Authority under this Act." 13. Schedule I. to the Principal Act is repealed. SRcehpeedaulloefI. FILMS, CENSORSHIP OF CINEMATOGRAPH. See PICTURE THEATRES AND FILMS. FINANCIAL ARRANGEMENTS AND DEVELOPMENT AID. See COMMONWEALTH AND STATES. FOOD PRODUCTION. See AGRICULTURE. FOREIGN GOVERNMENTS (TITLES TO LAND). See REAL PROPERTY. FRIENDLY SOCIETIES. See SOCIETIES. FRUIT AND VEGETABLES. See AGRICULTURE. FUNERAL BENEFIT BUSINESS. See SOCIETIES.