State Electricity Commission Acts and Another Act Amendment Act of 1950 (14 Geo Vi No. 3) (Qld)

ELEOTRICITY. 14 GEO. VI. No. 3,1950. State Electricity Commission, Etc., Act. CO-ORDINATION OF RURAL ADVANCES AND AGRICULTURAL BANK. See BANKIl'\G. DISCHARGED SO S • e L e D L I A E N R D S . ' SETTLEMENT. DISEASES IN STOCK. See STOCK. DOCUMENTS, ATTESTATION OF. See EVIDENCE. 57 ELECTRICITY. An Act to Amend" The State Electricity Commission 14 N GE o. O. 3. VI. Acts, 1937 to 1948," and "The Regional ETLHECETSRTIACITTEY COM~ nSSION Electric Authorities Acts, 1945 to 1949," AACNTOSTAHNEDR each in certain particulars. ACT AMENDMENT ACT OF· [ASSENTED TO 21sT SEPTEMBER, 1950.] 1950. 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 assembled, and by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY 1. This Act may be cited as " The State Electricity Short title. Commission Acts and Another Act Amendment Act of 1950." 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART n.-AMENDMENTS OF *" THE STATE ELECTRICITY COMMISSION ACTS, 1937 TO 1948 " ; PART IlL-AMENDMENTS OF *" THE REGIONAL ELECTRIC AUTHORITIES ACTS, 1945 TO 1949." A~ ~ ~ 1ii~ s OF" THE STATE *" PART Il.-AMENDMENTS OF THE STATE ELECTRICITY ELECTRICITY , , COMMISSION COMMISSION ACTS, 1937 TO 1948. 1937~ ~ T~ 948. " 3. This Part of this Act shall be read as one with Construction *" The State Electricity Commission Acts, 1937 to 1948," of la~~ and herein in this Part ref~rred to as the Principal Act. ~ ? tl: ' c lye * 1 G. 6 No. 26 and amending Acts. t 9 G. 6 No. 16 and amending Acts.

58 ELECTRICITY. PARTII.- AMENDMENTS OF" THE STATE ELECTRICITY COMAMCTISSS,ION be 1937 TO 1948." State Electricity Commission, Etc., Act. 14 GEO. VI. No. 3, The Principal Act and this Part may collectively cited. as "The State Electricity Commission Acts, 1937 to 1950." Amendment of s. 2. 4. In section two of the Principal Act the following new definition is inserted aft.er the definition of the term" Commissioner," namely :- Deputy Commis- sioner. " "Deputy Commissioner "-A Deputy Commis- sioner for Electricity Supply appointed under this Act; ". Amendment of s. 4 (2). 5. In subsection two of section four of the Principal Act the words ", of a Deputy Commissioner," are inserted after the word " Commissioner ". Amendments of s. 5 (3), 6. Subsections three, four, and five of section five (4), (5). of the Principal Act are repealed and the following subsections are inserted in lieu of those repealed subsections, namely:- Deputy Commis- "(3.) Not more than two Deputy Commissioners for sioners. Electricity Supply may be appointed to assist the Commissioner. The appointment of a person to be a Deputy Commissioner shall be made by the Governor in Council, and every such appointment shall be notified in the Gazette. A Deputy Commissioner shall, subject to this Act, hold office for such period not exceeding seven years as the Governor in Council shall fix in the notification of his appointment, and be eligible for reappointment. A Deputy Commissioner shall exercise all such functions and discharge all such duties as are prescribed· or, subject as prescribed, required in his case by the Commissioner. (4.) (a) In the event of and during the absence from duty for any reason whatsoever of the Commissioner, or in the event of a vacancy occurring in the office of the Commissioner and until a new Commissioner is appointed, the Deputy Commissioner, or if there are two Deputy Commissioners the one of them thereunto appointed by the Governor in Council by notification published in the Gazette, shall act as Commissioner and while he so acts shall constitute the Commission and shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties of the Commissioner.

ELECTRICITY. 59 PARTII.- 1950. State Electricity Oommission, Etc., Act. AMENDMlIiNTS OF" THE STATE ELECTRICITY COMMISSION (b) If, at the time of any absence from .duty or 1937" \ ~ ~ 948. " vacancy in the office of the Commissioner, there is no Deputy Commissioner in office and available to act as the Commissioner, then the Governor in Council may appoint temporarily, by notification published in the Gazette, a person to act as the Commissioner. A person so appointed shall act as the Commissioner during the period of the absence from duty or vacancy in the office of the Commissioner for which a Deputy Commissioner is not available to act as the Commissioner and that person while acting as the Commissioner shall constitute the Commission and shall have and may exerCIse all of the powers, functions, and authorities, and shall perform all of the duties of the Commissioner. (c) Except where a vacancy has occurred in the office of the Commissioner, the fact that a Deputy Commissioner or a person appointed to act as the Commissioner 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. (5.) The Commissioner, a Deputy Commissioner, and Salary.of any person appO . ln t e d to act as t h e C Omml . SS . lQner s h a 11 s C i O o I n D e I r nl a S n - d 'respectively be paid such salaries and allowances as the Deput:y- G overnor I . n C ouncil s 1 la 11 fix." s C i o o m ne ID r. IS- 7. Section six of the Principal Act is amended- Aofms.e6n.dments (i.) By inserting the words "or a. Deputy Commissioner" after the word " Commissioner " where such word first occurs therein; (ii.) By inserting the words" or, as the case may be, Deputy Commissioner," after the word" Commissioner," where such word occurs in subparagraph (i.) of the said section ; (iii.) By adding the words " or Deputy Commissioner " to the marginal note to the said section. 8. In the first paragraph of subsection five of ~ enI~ ( ~ ) t section eleven of the Principal Act the words "any 0 s. . Deputy Commissioner," are inserted after the word " Commissioner,". 9. The amendments made by this Part of this Exis~ ing Act to the Principal Act shall not affect any appointment ~ ! n~ ~ t­ made before and subsisting at the passing of this Act

60 ELECTRICITY. PART II.- AMENDMENTS OF" THE State Electricity Commission, Etc., Act. 14 GEO. VI. No. 3, STATE ELECTRICITY COMAMCITSSS,ION 0 f a person to be the C omml . SS , lOner or to act as t h e 1937 TO 1948." Comml" SSloner, and such appO'lntee sha11, Wl' thout any further or other appointment under the said Act as amended by this Act, continue to hold his office of appointment in terms of his appointment thereto as made and subsisting at the passing of this Act, and such appointment is hereby authorised, validated, and ratified accordingly. /PART III.- AMENDMENTS OF" THE ~ ~ ~ ~ ~ ~ ~ ~ PART IlL-AMENDMENTS OF *" THE REGIONAL ELECTRIC AUTlg:i~ IES AUTHORITIES ACTS, 1945 TO 1949." 1945 TO 1949." Construction 10. This Part of this Act shall be read as one octioftllePle.acrtitvaend w19it4h9, " *" an T d he th R o e s g e io A na c l ts E a le n c d tri t c hi A s u P th a o r r t it o ie f s th A i c s ts, Ac1t94m5 a t y o collectively be cited as " The Regional Electric Authorities Acts, 1945 to 1950." Repeal of and new s. 23. 11. Section twenty-three of *" The Regional Electric Authorities Acts, 1945 to 1949," is repealed and the following section is inserted in lieu thereof, namely :- vacanc).es. " [23.J When a vacancy arises in the office of a member the Board shall give immediate notice thereof to the Minister. Where the Minister has received notice or finds that a vacancy has arisen in the office of a member of the Board he shall thereupon call upon the Local Authority, or group of Local Authorities, or the Commission, which nominated the member whose office has become vacant (or where such member was appointed under section twenty-four of this Act, t,he Local Authority, or group of Local Authorities, or the Commission, whose failure or refusal to nominate or whose nominee's failure or refusal was responsible for such appointment), to nominate another member of such Local Authority or group of Local Authorities or, as the case may be, another member or officer of the Commission to fill the vacancy, and the Local Authority or group of Local Authorities or the Commission shall forthwith nominate some such person to be a member of the Board. The person so nominated when appointed a member by the Governor in Council shall hold office for the remainder of the term of his predecessor." * 9 G. 6 No. 16 and amending Acts.

ELECTRICITY. 61 PART IIT.- 1950. State Electricity Commission, Etc., Act. AMENDMENTS OF "THE REGIONAL ELEOTBlO 12. The following paragraph is added to section AUX~ ~ ~ ITIES twenty-four ?f *" The Regional Electric Authorities Acts, = : : ~ : ~ : . 1945 to 1949, , namely : - of s. 24. "Moreover, if any such nominee refuses to accept appointment to the Board or, having been appointed as a member of the Board, fails or refuses to act as such, the Governor in Council may thereupon appoint, in lieu of that nominee or appointee, a person who need not be qualified as prescribed to be a member of the Board and may, in the case of such firstnamed appointee, cancel his appointment." 13. Section twenty-five of *" The Regional ElectricAmendments Authorities Acts, 1945 to 1949," is amended by inserting Ofs• 25. after the word" Board," where that word first appears in that section, the words" shall give immediate notice thereof to the Minister and ". 14. Section twenty-seven of *" The Regional Electric Amendments Authorities Acts, 1945 to 1949," is amended- ofs.27. (i.) By inserting in the first paragraph of subsection one of the said section the words" held within one month of the time when that meeting was first adjourned" after the words " or at some adjournment thereof" ; (ii.) By inserting the following paragraph after the first paragraph of subsection one of the said section, namely:- " If for any reason a chairman is not elected in accordance with the aforesaid provisions of this subsection the Governor in Council may thereupon appoint by Order in Council a member of the Board to be chairman." (iii.) By repealing subsection four of the said section and inserting the following subsection in lieu thereof, namely :- " (4.) A member appointed to a Board consequent upon a vacancy in the office of the member who was also chairman shall, by virtue of that appointment, be a member only and not the chairman." 15. Subsection seven of section seventy-four of Amendment *" The Regional Electric Authorities Acts, 1945 to 1949," ofs. 74 (7). is amended by repealing the words "one hundred pounds" and inserting, in lieu of such repealed words, the words and brackets "two hundred and fifty pounds (or such other amount as the Governor in Council may, at any time and from time to time, fix by Proclamation}." * 9 G. 6 No. 16 and Amending Acts.