State Electricity Commission Acts and Another Act Amendment Act of 1951 (15 Geo Vi No. 31) (Qld)

188 ELECTRICITY. State Electricity Commission, Etc., Act. 15 G eo . VI. No. 31, ELECTRICITY. (1) The State Electricity Commission Acts and Another Act Amendment Act of 1951 .. 15 Geo. VI. No. 31 (2) The State Electricity Commission Acts and Another Act Amendment Act of 1952 .. 1 Eliz. II. No. 2 15 N G o e . o 3 . 1 V . I. An Act to Amend “The State Electricity Commission T he S tate E lectricity C ommission Acts, 1937 to 1950,” and “ The Regional A cts AND A nother A ct Electric Authorities Acts, 1945 to 1950,” A mendment A ct of 1951. each in certain particulars. [A ssented to 18 th O ctober , 1951.] E it enacted by the King’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P art I —P reliminary . Short title. 1 . This Act may be cited as “ The State Electricity Commission Acts and Another Act Amendment Act of 1951.” Parts of Act. 2. This Act is divided into Parts as follows: — P art I. —P reliminary ; P art II. —A mendments of * “ T he S tate E lectricity C ommission A cts , 1937 to 1950 ” ; P art III. —A mendments of | “ T he R egional P art 11- A mendments of “T he S tate E lectricity C ommission A cts , 1937 TO 1950.” E lectric A uthorities A cts , 1945 to 1950.” P art II. —A mendments of * “ T he S tate E lectricity C ommission A cts , 1937 to 1950.” Construction 3. This Part of this Act shall be read as one with oanf dPart II. * “ The State Electricity Commission Acts, 1937 to 1950,” collective and those Acts and this Part of this Act may be title. collectively cited as “ The Sta,te Electricity Commission Acts, 1937 to 1951.” * 1 G. 6 No. 26 and amending Acts, t 9 G. 6 No. 16 and amending Acts.

ELECTRICITY. 189 P art II.— 1951. State Electricity Commission, Etc., Act. A mendments of “ T he S tate E lectricity C ommission 4. Section 45 a of * “ The State Electricity A cts , 1937 to 1950.” Commission Acts, 1937 to 1950,” is amended by adding Amendment thereto the following paragraph, namely:— of s. 45 a of 1 Geo. VI. No. 26. “ Debentures issued (whether before, on, or after Debentures the passing of f “ The State Electricity Commission Acts TofooTwhoeomba Amendment Act of 1951 ”) by The Toowoomba Electric Electric Light and Power Company Limited are, and are hereby LPoigwhetrand declared to have always been, an authorised investment Company under section four of { “ The Trustees and Executors Act Limited. . of 1897,” and the said Act (including any Act amending or in substitution therefor) shall apply and extend, and is hereby declared to have always applied and extended, accordingly.” III.— P art A mendments of § “ T he R egional E lectric A uthorities A cts , 1945 to 1950.” PART III.— A mendments of “ T he R egional E lectric A uthorities A cts , 1945 to 1950.” 5. This Part of this Act shall be read as one with Construction § “ The Regional Electric Authorities Acts, 1945 to 1950,” °^arfc m' and those Acts and this Part of this Act may be collective collectively cited as “ The Regional Electric Authorities tltle* Acts, 1945 to 1951.” 6. The following section is inserted after section New section six of § “ The Regional Electric Authorities Acts, 1945 to 6 a inserted- 1950,” namely:— “ [6 a .] (1.) When a Region shall have been joinder of abolished and joined to another Region (whether before, Regions, on, or after the passing of f “ The State Electricity Commission Acts and Another Act Amendment Act of 1951 ”) the following provisions shall apply, and it is hereby declared always have applied, namely:— (a) The Regional Board for that abolished region shall be dissolved on a date prescribed by the Governor in Council by Order in Council; ( h) The Undertaking of that dissolved Regional Board shall, on and from the date of its dissolution, be divested from it and vested in the Regional Board for that other Region ;* * * § * I G. 6 No. 26 and amending Acts, t This Act. t 61 V. No. 10. § 9 G. 6 No. 16 and amending Acts.

190 P art III.— A mendments op “ T he R egional E lectric A uthorities A cts , 1945 TO 1950/’ ELECTRICITY. • Stctte Electricity Commission, Etc., Act. 15 G eo . YI. N o . 31, (c) All property real or personal, movable or immovable, and any and every right, title, estate or interest therein and all management and control of any land or thing which immediately before the date of the dissolution of the dissolved Regional Board was vested in or belonged to the dissolved Regional Board shall vest in and belong to the aforementioned other Regional Board; ( d ) All moneys and liquidated and unliquidated claims which immediately before the date of the dissolution of the dissolved Regional Board are payable to or recoverable by that dissolved Regional Board shall respectively be moneys and liquidated and unliquidated claims payable to or recoverable by the aforementioned other Regional Board; (e) Any and every action, suit or other legal proceeding pending, or that might have been commenced or continued, immediately before the date of the dissolution of the dissolved Regional Board by or against it may be instituted, carried on and prosecuted by or against the aforementioned other Regional Board and no such action, suit or other legal proceeding shall abate or be prejudicially affected by the dissolution of the dissolved Regional Board; (/) All contracts, agreements and undertakings entered into with, and all securities lawfully given to or by, that dissolved Regional Board existing at the date of its dissolution (including any right or remedy or other cause of action whatsoever with respect to any such contract, agreement, undertaking, or security subsisting as at or immediately before that lastmentioned date) shall be deemed to be respectively contracts, agreements and undertakings entered into with, securities given by or to, and rights, remedies or causes of action as aforesaid by or against the aforementioned other Regional Board, and may be enforced by or against it accordingly;

ELECTRICITY. 191 ------------------------ . • 1951. State Electricity Commission, Etc., Act. ' part III.— A of ™ thk TS R egional E lectric (g) All debts due and moneys payable by that aacts ° ei 945 S dissolved Regional Board and all claims T0 ' liquidated or unliquidated recoverable against it shall be debts due and i moneys payable by and claims recoverable j against the aforementioned other Regional Board. (2.) The provisions of this section shall be in aid and not in derogation of the provisions of section six of this Act. (3.) Where upon the abolition of a Region parts thereof are joined to two or more other Regions, the Governor in Council (having regard to the manner in which he apportions the assets and liabilities of the dissolved Regional Board for that abolished Region between the respective Regional Boards for those two or more other Regions) may by Order in Council prescribe all such matters and give all such directions as he deems necessary to give, with respect to the Regional Boards concerned or any of them, application and effect to the provisions of this section.” 7. Section nineteen of * “ The Regional Electric Amendment Authorities Acts, 1945 to 1950,” is amended by addingof s'19- thereto the following subsection, namely:— “ (3.) The Governor in Council may by Order in Council, at any time and from time to time, change the name of any Regional Board. . A change in the name of a Regional Board made by Order in Council under the authority of this subsection shall not affect the continuity of the identity, or any rights or obligations of the Regional Board in question, or render defective any legal proceedings by or against it, and any legal proceedings that might have been commenced or continued by or against it under its former name may be commenced or continued by or against it under its changed name. Any change in the name of a Regional Board made by the Governor in Council by Order in Council before the passing of f “ The State Electricity Commission Acts and Another Act Amendment Act of 1951 ” shall be deemed to have been made under the authority, of this subsection and, with respect thereto, this subsection shall have retrospective operation.” * 9 G. 6 No. 16 and amending Acts, f This Act.

192. ELECTRICITY. P art III.— A mendments op “ T he State Electricity Commission , Etc., Act . 15 G eo . VI. No. 31, 1951. B egional E lectric A uthorities A cts , 1945 to 1950.'* 8. Section thirty-two of * “ The Regional Electric Repeal of Authorities Acts, 1945 to 1950,” is repealed and, in lieu and new of that repealed section, the following section is inserted, s. 32. namely:— Dismissal of “ [ 32.] (1.) A resolution of the Board dismissing secretary .01 from office the manager or secretary shall not be effective unless and until the Commission approves of the dismissal. The resolution shall be effective to suspend from office the manager or, as the case may be, the secretary pending the decision of the Commission thereon and that officer shall be, and be deemed to be, suspended accordingly by virtue of the resolution for his dismissal. (2.) The Board shall forthwith notify .to the Commission a resolution as aforesaid stating the reasons therefor. Subject to subsection three of this section and to the making of such inquiry and investigation as it deems necessary, the Commission shall, as soon as may be, inform the Board whether it approves of the dismissal from office of the manager or, as the case may be, the secretary. If the Commission so approves, the officer concerned shall be, and be deemed to be, dismissed from office in terms of the resolution in question. If the Commission refuses to approve of the dismissal the officer in question shall be restored to his office and shall, if the Commission so directs, be paid his salary in full or, according to the direction of the Commission, in part for the period of his suspension therefrom. (3.) The manager or the secretary may, within one week of the date of the notification from the Board of the resolution for his dismissal, furnish to the Commission a statement in writing with respect to the circumstances of the case. In considering whether or not it will approve of the dismissal from office of the manager or, as the case may be, the secretary, the Commission shall have regard to the statement, if any, furnished as aforesaid.” * 9 Gr. 6 No. 16 and amending Acts.