State Enterprises Act of 1918 (9 Geo v No. 20) (Qld)

TRADE. 9 GEO. V. No. 2'0, 1918. State Enterprises Act. 859] TRADE. An Act to Authorise the Establishment and Carry- 9 Geo. V. ing on of State Industrial Enterprises, and T!o'S!:TE for the Regulation of the same, and for other p: S~ ~ E~ ~ T incidental purposes. OF 1918. J [ASSENTED '1.'0 23RD NOVEMBER, 1918. 'BE it enacted by the King's Most Excellent Maj'esty, by and with' the advice· and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;- 1. This Act may be cited as "The State Enterprises Short title. Act of 1918.'" , ' 2. Nothing in this Act shall restrict or abridge-' CSarovwinng, o&fc. (a) Any prerogative, right, power, or privilege of the Crown; (b) Any right, privilege, power, or authority con- ferred upon any corporation by any Act of thE( Parliament of Queensland creating such cor- poration or any amending Act, so long as the right, privilege,power, or authority is exercised in accordance with the provisions of any such Act, and is not inoonsistent with. this,Aot. , 3. In.this Act, unless the conte~ t otherwise ~ ndic~tes, Interpreta the followmg terms have the meanmgs set agamst ,them tion. respectively, that is to say ;- "Commissioner "_The Commissioner tor Trade Corn- appointed under this Act; rnissioner. "Employee"-Any State officer or other person Employee whosoever employed under this Act; " Minister"-The Chief Secretary or other Minister Minister of the Crown for the time being charged with the administration of this A9t; " Prescribed"-Prescribed by this Act; Prescribed. "Regulations"-,Regulations made under the Regulations authority of this Act; "State enterprise"-A State enterprise to which State . this Act applies; enterprIse"

8592 TRADE. State Enterprises Act. 9 GEO. V. No. 20, This Act. "This Act"-This Act and all regulations, Pro- clamations, and Orders in Council made thereunder. State enterprises to which Act applies. 4. (1.) The following State enterprises, namely:- (i.) All State pastoral stations; (ii.) All State butchers' shops; ~ (iii.) All State sawmills; (iv.) All State coal mines; (v.) All State iron and steel works; (vi.) All State canneries; (vii.) All State batteries; (viii.) All State hotels; (ix.) The business of ::;t.ate fish supply under * ' ~ The Fish Supply Act of 1916" ; (x.) The State Produce Agency established· under t" The State Produce Agency Act of 1917" ; (xi.) ~ ny other enterprise carried on, whether at or after the passing of this Act, by or on behalf of the State under the authority of an Act; shall be State enterprises to which this Act applies. (2.) This Act does not apply to- (i.) Any railway under or subject to t"The Railways Act of1914 " ; (ii.) The business of the Commissioner of the Queensland Government Savings Bank under §" The Queensland Government Savings Bank Act of 1916" ; (iii.) The business of the Insurance Commissioner uDder 11" Thf!, Workers' Oompensation Act of 1916" or ~ " The Insurance Act of 1916." Sta.te Trade 5. For the purposes of this Act and for the purpose Office.. of doing all such things as are necessary to the carrying on of business under this Act, a State Trade Office shall be constituted. * 7 Geo. V. No. 25, supra, page 7459. t 8 Geo. V. No. 12, supra, page 8261. t 5 Geo. V. No. 24, supra, page 7215. § 7 Geo. V. No. 17, supra, page 7406. 11 6 Oeo. V. No. 35; infra, Appendix E, page 8745. ~ 7 Geo. V.No. 27, supra, page 7497.

TRADE. 859l!' 1918. State Enterprises Act. 6. (1.) Subject to this Act, every State enterprise Commis- shall be administered by the Minister; and the Com- sioner to mI . SS . lOner, as representm . g t h e C rown, I . S h ere b yaut h oT ' Ise d S m t a a n te ag & and empowered to carry on the same. enterprises.· (2.) The provisions set forth in the Schedule to this Schedule. Act shall be applicable to the business of the Commissioner under this Act. Such provisions may from time to time be amended or added to. by the Governor in Council by Order in Council published in the Gazette: Provided always that such amendments and additil)ns shall be made in the same manner and subject to the same conditions and limitations as govern the making of regula- tions under the authority of section twenty-one of this Act. . 7. (1..) The Governor in Council may from time to Appointment toifmteh, ebSytactoem, ampipsOsi.Ionnt aunCdoemrmhIi.SsS. hlOannedr faonr dTrthaedePfuobrliactSeremal o m f l . S C S. ~ lo m n _ er. not exceeding five years. .(2.) Upon such appointment ail the functions, dutIes, rights, liabilities, privileges, and powers imposed and con- ferred upon the Commissioner 'under this Act or any other Act shall be vested in and be performed and exercised by such Commissioner. 8. (1.) The Commissionersball, during his continu- Salary of H·nce in office, recei ve an annual salary, to be fixed by the C~ m: Governor I.n C· ounC' 1l, but not exceed'mg t wo thousand five mlSSlOner. hundred pounds. (2.) Such salary shall be a charge upon and be paid out of the Oonsolidated Revenue, which is hereby permanently appropriated for that purpose. . 9. (1.) The Commissioner, representing' the Crown, Com- shall be a corporation sole by the name of " The Commis- missioner to sioner for Trade," and by that name shall have per- ~ ~ ~ oration , petual succession and an offici::! I seal which shall be sole-powers judicially noticed, and shall be capable in law of suing andli: ~ ilities. · being sued, and shall have power to t~ ke, purchase, sell, . exchange, lease, and hold land, goods, cha ttel~ , and other property. The Commissioner, as such corporation, for all the purposes of this Act, shall have .and may exercise all the powers, privileges, rights, and remedies of the Crown. '):.<-

8594 TRADE. State EntC1'pl"ises Act. 9 GEO. V. No. 20, (2.) But, save as by this Act is expressly provided, no exchange, sale, or lease of any land vested in the Commis- sioner shall have any effect unless or until the same has been approved by the Governor in Council. Disabilities. 10. The Commissioner shall not be or have been a member of the Executive Council or of either House of Parliament either now or at any time during the last five years immediately preceding the passing of this Act, and shall not act as a director, or auditor, or in any other capacity take part in the management of any bank, joint- stock company, or other financial institution, or of. any trade or business, or acquire or hold iJ.llY interest in any land which may be required to be acquired, taken, or occupied for the purposes of. this Act; and in any such case shall be disqualified from holding the office of Commissioner. Suspension 11. (1.) The Commissioner may be suspended from 8 f rnodmre 0 mfficoev.al hreismoofvfiecde fbryOltlhe 0 ffiGceoveexrcneoprt ians hCeorue. nmcaifl, tebruptrosVhla' dlledn. ot be (2.) If the Comillissioner is so suspended, the Minister shaH cause to be laid before both Houses of Parliament a full statement of the grounds of such sus- pension within seven days thereafter if Parliament is in session and actually sitting, and, when Parliament is not in session or not actually sitting, within seven days after the commencement of the next session or sitting. (3.) The Commissioner so suspended shall be restored to office unless the Legislative Council and the Legislative Assembly, within twenty-one days from the time when such statement has been laid before them respectively, severally declare by resolution that the Commissioner ought to be removed from office; and if within the said time the Legislative Council and the Legislative Assembly so declare, the Commissioner shall be removed by the Governor in Council accordingly. voOtafhcfeiacrtewe,dihl. loew vaca 1 te 2 d . hTisheofCfiocme- missioner shall be deemed to have (i.) If he is or becomes disqualified under this Act from holding the office of Commissioner; (ii.) If he engages, during his term of office, in any employment outside the duties of his office;

TRADE. 8595 1918. State Enterprises Act. (iii. ) If he becomes insolvent, or institutes proceed- ings for liquidation of his affairs by arrange- ment or composition with, or assigns his salary for the benefit of, his creditors; (iv.) If he absents himself from duty for a period of fourteen consecutive days except on leave granted by the Governor in Council (which leave is hereby authorised to be granted), or becomes incapable of performing his duties; (v.) If he becomes in anyway concerned or interested in any contract or agreement made by or on behalf of the Commissioner or in anywise participates or claims to be entitled to partici- pate in the profit thereof or in any benefit or emolument arising therefrom. 13. On the occurrence of any vacancy in the office of Governor in COmml. SS.lOner, wh ether by e f f u l X ' lOn 0 ± t' Ime or 0 t herw' lse, f C il o l uvnaccialnmcya.y the Governor in Council shall appoint a person to fill. the vacancy. 14. In case of the illness, suspension, or absence When of the Commissioner, the Secretary, under the direction of Secretary the Minister, shall, during such illness, suspension, or : a6o: ~ absence, have and exercise all the powers and perform missioner. all the duties of the Commissioner. 15. In case of the death of the Commissioner, the Secretary to Secretary, under the direction of the Minister, shall ~ ct : ~ c~ se of an assume and exercise the powers and authorities and c~ ~ ~ 0 perform all the duties of the Commissioner until a new mlSSlOner. Commissioner is appointed. 16. (1.) The Commissioner shall appoint a Secretary, Secretary I w la hvoe, spuobwjeercttotoextheecudteirdecotciuomn eonftsthoen ChIo . Smbmeihsaslifonaenr,d sahffailxl eamndp10otyheeers. the seal of the Commissioner thereto. He shall also have such other poW'ers and perform such other duties as are from time to time appointed by the Commissioner. (2.) The Commissioner shall appoint and employ managers and such officers, clerks, and other employees to assist in the execution of this Act; as he thinks nece'ssary. (3.) Unless in any case the Governor in Council otherwise directs, every employee shall hold office during pleasure only.

8596 l'RADE. State Enterprises Act. 9 GEO. V. No. 20, (4.) The Commissioner may dismiss any employee; and may discontinue the offices of or appoint other persons in the place of employees 'who are dismissed, or .die, or resign, or vacate office as hereinafter provided. (5.) The Commissioner shall pay such salaries, wages, and allowances to the employees respectively as Parlia- ment from time to time appropriates for that purpose. (6.) No employee shall, without the permission of the Commissioner, engage in any employment outside the duties of his office. State 17. In respect of each State enterprise, a separate FEunntedrsp. rise and distinct fund shall be created under this Act to be called the ,. State [naming enterprise] Fund." All moneys received by the Minister or Commissioner under this Act shall be paid into the proper fund. All payments in respect of each State enterprise, together with such contributions to reserve fund or sinking fund, if any, as the Commissioner from time to time directs, shall be payable out of the proper fund. All payments in respect of the administration of State Trade Office and of this Act shall be apportioned between and payable out of the divers funds created pursuant to this Act in such proportions as the Com- missioner from time to time directs. The salaries, wages, and allowances of any officers or employees of the Public Service wbo are employed for any purposes under this Act shall, if paid out of the Consolidated Revenue, be recouped from the proper fund. Loans, 18. The Governor in Council may from time to time, ~ c. , by t upon obtaining from the Commis1?ioner such security as too~ ~ ~ ~ en in the opinion of the Governor in Council is necessary or missioner. desirable by warrant under the hand of the Treasurer, direct and authorise loans to be made to the Commissioner out of the Loan Fund or by the issue of debentures, which debentures the Governor in Council is hereby authorised to issue, for the purposes of the business of the Com- missioner. Such loans shall bear such interest and shall be repayable upon such terms as the Governor in Council may determine. Po r to 19. (1.) The Governor in Council may at any time, by ve;:e1ands in Order in Council, vest in fee-simple in the Commissioner ~ i~ s9~ ~ ; . any Crown land to be used for the purposes of the business of the Commissioner.

TRADE. 8597 1918. Siate Enterprises Act. The value of any land vested in the Commissioner under this section shall be fixed by the Governor in Council, and. the amount thereof shall be debited against the proper fund. (2.) The Secretary for Public Lands may from time Setting to time, by notification in the Gazette, set apart for the fpaJt Crown purposes of this Act any unalienated Crown lands, as an s. defined in *" The Land Acts, 1910 to 1917," which in his opinion may be required for the· purposes of this Act, and may from time to time, by like notification, exempt any of the said lands so set apart. from the operation of this Act, and thereupon the lands so exempted shall cease to be subject thereto. 20. Nothing in this A9t shall be construed to repeal, Savin~ of ex t end, a b fl 'dge, or a ff ect I.n any way w h a t soever the vAVctasr.-tlme provisions of t" The M eat Supply for I mperia l Uses Act of 1914," or t" The Oontrol of Trade Act of 1914," or§" The Sugar Acquisition Act of 1915," or any Act regulating or providing any war supplies for Imperial uses, or the provisions of 3Jny Act the operation'of which is limited to the duration of the present War or such extended period thereafter as may be conditioned by the termination of the present War. 21. (1.) The Governor in Council may from time to Regulation,. time make all such regulations as he thinks fit for giving , full effect to this Act. The Governor in Council may in such regulations impose a penalty not exceeding fifty pounds for· any breach thereof. (2.) All regulations purporting to be made by the Governor in Council under and for the purposes of this Act, and published in the Gazette, shall be read as one with this Act and construed as being of equal validity, and shall be judicially noticed. (3.) All such regulations shall be published in the' Gazette, and shall be laid before both Houses of Parliament within fourteen days after such publication, or, if Par- liament is not then sitting, within fourteen days after the next meeting of Parliament. . * I Geo. V. No. 15 and amending Acts, infra, Appendix F, page 8775. t 5 Geo. V. No. 2, 8upra, page 6383. t 5 Geo. V. No. 3, supra, page 6273. § 6 Geo. V. No. 2, supra, page 7035,

8598 TRADE. State Enterprises Act. 9 GEO. V. No. 20, (4.) If either House of Parliament passes a resolution disallowing any such regulation or regulations or amend- ment thereof, of which resolution notice has been given at any time within forty sitting days of such House after such regulations or amendment thereof have or has been laid before it, such regulation or regulations or amend- ment thereof shall thereupon cease to have effect. (5.) For the purposes of this Act, the term "sitting days" shall mean days on w:hich the House actually sits for the despatch of business: Provided always that if such regulations and amend- ments thereof, if any, are not duly laid before· Parliament as hereinbefore prescribed, they shall thereupon cease to have any force, effect, or operation 'Yhatsoever. General powers of Commis- sioner. SCHEDULE. 1. For all the purposes of this Act---:- (i.) The Commissioner shall have and may exercise all the powers, privileges, iights, and remedies of the Crown; . (ii.) All legal proceedings may be brought by or against the Commissioner in his official name. The foregoing powers shall be in addition to any other powers conferred upon the Commissioner by this Act. Vesting of ~ ssets and liabilities in Commis- sioner. 2. (1.) On the passing of this Act- (a) All property, whether real or personal, corporeal or incorporeal, and all moneys and securities for money, and all interest thereon, and all books, docume,nts, and other property held by or on behalf of· any Minister of the Crown or State department or State officer in relation to or in connection with any State enterprise existing at the passing of this Act; and (b) All the assets and liabilities of or in connection with any such enterprise; Capital cost. Adjustment <>f accounts. and all powers, authorities, rights, title, interest, and obligation in or with respect to them or any of them, shall by virtue of this Act pass to and become vested in and imposed upon the Commissioner, and shall forthwith be divested and discharged from the person or persons in or upon whom the same were formerly vested, conferred, or imposed. (2.) For all purposes of this Act, the capital cost of each such enterprise shall be deemed to be the amount appearing at the passing of this Act in the respective books of account as capital cost or each such enterprise. (3.) The Treasurer shall cause to be made in the books of the Treasury such adjustment of accounts as will give due effect to th$ foregoing provisions of this section.

TRADE. 8599 1918. State Enterprises Act. (4.) From and after the passing of this Act· any right of Rights of action accrued to or against, and any agreement, mortgage, bond, action and lease, deed, . guarantee, covenant, or • 0 bI" IgatIon ma d e or en t ere du c n o d n e tr r acts into by or with, the Crown or any Minister of the Crown or the . ,Commissioner or State department or State officer, in relation to or in connection with any enterprise aforesaid, may be prosecuted and enforced, by or against the CommiSsioner, as if the right of action had originally accrued to or against, or the agreement, mortgage, bond, lease, deed, guarantee,covenant, or obligation had been made or entered into by or with the Commissioner. 3., Cl.) The Commissioner may appoint any person to act as Agents. his agent. At the request of the Commissioner, any clerk of petty sessions and any other State officer shall act as such agent within nis district, and with, under, and subject to such powers, conditions, and limita- tions as are contained in such request. (2.) Every employee or agent whose duties involve the receipt or custody of moneys or securities shall give such security for the due and faithful performance of his duties as to the Commissioner seems proper, and shall be deemed to be a public accountant irithin the meaning of *" The Audit Act of 1874." 4. The signatures of the Commissioner and of his Secretary, if Judicial any, shall be judicially noticed. notice. 5., Every permanent employee and agent shall be bound to Secrecy. secrecy by declaration in the prescribed form. 6. The COrn;niissioner may from time to time, by writing under Delegation his hand, delegate to the Secretary or any officer appointed to assist b;V Commis- , him' any of the powers, functions, or duties conferred or imposed SlOner. on the Commissioner by this Act, and ,such person shall thereupon for the purpose for which he has been deputed have all the powers alld may exercise till the functions of the Commissioner. . 7. The Commissioner may from time to time, for the purposeS Branches , of this Act, establish branches of the State Trade Office or of any and . department thereof at any place in Queensland, and establish agencIes. agencies of the State Traqe Office at any place within or outside Queensland, and may,close any branch or agency. 8. (1.) All real and personal property of any kind (including Particular all money and securities for money) already vested in His Majesty, powe~ of or that may hereafter be purchased, acquired, or held in any manner ~~ ~ lll1S­ for the purposes of the State Trade Office or any State enterprise ) n r. shall be held by the Commissioner under this Act, and shall be and be deemed to be vested in the Commissioner on behalf of His Majesty according to the nature of the estate and interest therein 'respectively. (2.) The Commissioner, on behalf of His Majesty, shall, with respect to such real and personal property, and any estate or interest therein, have the power- . . (i,) To sell, lease, exchange, or make partition'; * 38 Vic. No. 12, supra, page 74.

8600 TRADE. State Enterprises A.ct. 9 GEO. V. No. 20, (ii.) To accept or make surrender of leases; (iii.) 'I'o assign, reconvey, or discharge mortgages, securities, or other obligations, either wholly or in part; (iv.) To enter into, modify, or alter any contract or agreement with any person for all or any of the purposes of thiS' Act; and Cv.) Generally to exercise all other rights, powers, functions, and authorities thereover. (3.) Any property so held may from time to time be sold or disposed of upon such terms and conditions in all respects as the Commissioner thinks proper. (4.) All rights, powers, functions, ~ nd authorities given to or vested in His Majesty by this Act, or under any instrument taken or purported to be taken under the authority thereof, in respect of such real and personal property, shall and may be lawfully exercised by the Commissioner on behalf of His Majesty as fully and effectually as the same might or could be exercised by His Majesty; and every , instrument executed by the Commissioner, and every act 9r thing done by the Governor in Council under or for the purposes of this Act, shall have the same force and effect as if the same instrument were executed by, or such act or thing were done by, His Majesty. (5.) Where land, whether with or without any improvement&, is resumed or otherwise acquired by the Commissioner, such power shall be exercised unde'!: *" The Public Works Land Resumption Act of 1906" : Provided that, in estimating the compensation to be paid on such resumptivn or other acquirement by the Minister, no allowance shall be made fur any increase in ,value by reason of any matter arising out of the exercise of powers under this Act. (6.) The Commissioner may -erect buildings and' repair, equip, furnish, and maintain the sa\lle; and let offices or other accommoda- tion in any building or premises for such rent as he thinks. proper. (7.) The Commissioner may arrange with any State officer or department carrying on insurance business for the making and carrying into effect of insurance contracts in relation to the business, property, Or employees of the Commissioner. (8.) The Commissioner may arrange with any Government Department to supply such Department with the products of a State enterprise at prices to be agreed upon, such prices not to exceed current market rates of the commodity. (9.) . For the purpose of carrying on business, the Commissioner shall have and may exercise all such powers, authorities, and discretions, and may do all such acts and things, as a private person carrying on business in Queensland has or may exercise or do. (10.) The Minister shall at all times have full access to all books, accounts, and papers of the State Trade Office; it shall be the duty of the Commissioner to furnish him with all such returns and information as he from time to time requires. *6 Edw VII. No 14, 8upra, page 8211.

,t918. " TRADE. State Enterprises Act. 8601 9. (1.) The Commissioner may enter into contracts either at Contracts the State Trade Office or at branch offices or agencies, and either by &c. ' himself or through the medium of such officers or agents as he from timc to time appoints for that purpose. (2.) Subject to this Act, the Commissioner shall have power from time to time to enter into, perform, and· enforce any con- tracts which may be lawfully entered into by or with any person in or in relation to any business of the kind carried on by the Commissioner; and generally to do whatever he deems necessary in connection with or incident to sueh business. (3.) Any contract which if made between private persons, or any power which if exercised by private persons- Firstly, must be by deed or in writing under seal; Secondly, must be in writing signed by the parties thereto or the persons executing the power; Thirdly, may be made or exercised orally without 'writing; When entered into or exercised by the Commissioner,:- In the first case, shall be in writing under his seal, and signed by or on behalf of the Commissioner; In the second case, ~ halI be in writing, signed by or on behalf of the Commissioner; In the third case, may be made or exercised orally, without writing, by or on behalf of the Commissioner. 10. The Minister or Commissioner is hereby empowered to Powers of cause investigations to be made and from time to time to report inquiry. , and make recommendations to the Governor in Council upon all or any of the following matters:- (1.) Any question relating to the trade, commerce, or busi- ness of Queensland; (iL) Markets for goods produced or manufactured in Queens- land, and trade with other countries, and the mode of marketing; , (iii.) Generally as to how the trade, industries, and commerce of Queensland can be best encouraged, developed, and . protected. 11. All moneys in any fund of the State Trade Office, or pay- All moneys able into that office by any person, and also all debts and other to be moneys for the time being owing to the Minister by any ljropert y of person, on any account whatsoever, are hereby declared to be the rown. property of the Crown and recoverable with interest accordingly ,by the Commissioner as from debt<Drs to the Crown; 12. (1.) There shall be paid out of each such fund of the State Payments Trade Office any expenditure of or in relation to the State enterprise fut of such to which it relates, including charges for management, maintenance,' unds. working expenses, and interest on capital, and reserve fund, or sinking fund if any.

8602 TRADE. State Enterprises Act. 9 GEO. V. No. 20, Certain payments appro. priated. (2.) All payments- (a) For the purchase of land or buildings, or any expendi- ture thereon ; (b) For the purchase of stock, goods, stock in trade, furniture, fixtures, fittings, machinery, implements, or plant deemed necessary by the Commissioner for the conduct of his business, or any expenditure thereoi:t; Cc) For expenses deemed necessary by the Commissioner for the administration of this Act and the management of State enterprises and the State Trade Office; shall be payable out of the proper funds, respectively, of the Sbte Trade Office under the authority of this Act without any further or other appropriation by Parliament. Discharge of 13. (1.) The receipt given by any person to the Commissioner Cmoisrnsi· oner. tfoorthaenyCmomonmeiysssipoaniedr; ubnudternoththisinAgcht esrheailnl sbheaallnparbesjoulduitcee doisrcahfafregcet the right of any person claiming to be entitled to receive any such money to recover the same from the person to whom the Commis- sioner has paid the same. Disputes by (2.) In the event of any doubt or dispute as to the person claimants. legally entitled to receive any moneys payable under this Act, the Commissioner may pay the same into the Supreme Court to abide the orders of that Court. Capital cost. 14. (1.) With respect to any State enterprise established after the passing of this Act,the capital cost thereof shall be determined and declared by a committee consisting of the Auditor- General, the Under Secretary to the Treasury, and some person nominated in that behalf by the Minister as soon as possible after the first capital expenditure thereon is complete. (2.) Accretions to capital cost or extraordinary losses of capital in connection with any State enterprise, whether established before or after the passing of this Act, shall be determined and declared by the aforesaid committee as and when such accretions or losses shall occur. (3.) Notice of every such determination and declaration shall be given in writing to the Commissioner, and shall be acted on. (4.) The Commissioner shall determine·the amount of ordinary depreciation of the assets of each State enterprise, and such deter- mination shall be acted on. Reserve funds. 15. The Commissioner, with the approval of the Minister signified by writing under his hand, may, out of the net profits of any State enterprise earned during any year, set apart or invest or otherwise deal with such sum as he thinks proper towards a reserve fund for meeting losses and depreciation, and for extensions of business, and for such other purposes as he deems necessary. Investments. 16. The Commissioner, with the approval of the Minister signified by writing under .his hand, may invest any portion of the reserve funds or sinking funds, if any, of the State Trade Office in any of the investments in which, under *" The Public Curator Act of 1915, " or any Act amending the same, the Public Curator is authorised to invest trust funds. * 6 Geo. V.No. 14, supra, page 7056.

TRADE. 8603 1918. State Enterprises Act. 11. The Commissioner shall submit to the Minister once a Revenue and month a printed return showing the revenue and expenditure of expenditure each State enterprise in the State during the last preceding month, of ~ ach ~tate together with the revenue and expenditure of each State enterprise en erp;lse. for the corresponding month of the previous year. 18. (1.) The Commissioner shall prepare an Annual Report of Annual the Department for the year ending on the thirtieth day of June. Report. (2.) The report shall show, separately and in detail, the revenue and expenditure upon each respective State enterprise. (3.) The report shall be transmitted to the Minister before the first day of September next ensuing, and shall be by him forthwith laid before both Houses of Parliament if Parliament 1s then sitting; otherwise within fourteen days after the commencement of the session next ens.uing. 19. The Commissioner shall prepare and transmit to the Estimates of Minister, in such form and at such time as he may direct, estimates receipts and of receipts an~ expenditure for each period of twelve months expenditure. ending on the t~irtieth day of June in each year. 20.. (1.) The Commissioner shall cause proper hooks of account Annua.l to be kept in relation to each State enterprise, and shall, in each bala.nce- year, prepare and transmit to the Minister for transmission to the sheets. Governor in Council balance-sheets and statements of accounts, setting forth a true statement of the financial position and the transactions of the State Trade Office in its several enterprises , for the precediing financial year, audited by the Auditor-aeneral; and a copy of such balance-sheets and statements shall be laid before each House of Parliament as soon as practicable. The Auditor-General shall have, in respect of such accounts, balance-sheets, and statements, all the powers conferred upon him llY any Act rel~ ting to the auditing of the public accounts. (2.) Each ,such balance-sheet and statement shall- (a) Show a profit and loss account; (b) Show assets and liabilities; (c) Be in the form prescribed by the Auditor-General. 21. (l.) 4s soon as conveniently may be after the thirtieth Application day of June in each year, the Commissioner shall report to the of profits. Governor in Council ,what, if any, in his opinion, are the net surplus profits of the State Trade Office in its several enterprises after transferring such sums to the reserve funds as the Commissioner, with the written approval of the Minister, thinks proper. (2.) The !aforesaid report of the Commissioner shall be presented to P~ rliament. (3.) Such profits of such enterprises respectively shall be dealt with as follows:- (a) Until the total indebtedness on capital account of the enterprise concerned has been discharged, the net surplus profits of such enterprise shall be applied in and towards the discharge of sUch indebtedness. L

8604 TRADE. State E'nterprises Act. 9 GEO. V. No. 20, (b) Thereafter such net surplus profits shall be paid to the Treasurer to be placed to the credit of the Con- solidated Revenue, or shall be otherwise dealt with as the Governor in Council may by Order in Council direct. Delivery of 22. (1. ) If any employee is dismissed or is suspended, or matte~ in resigns; or dies, absconds, or absents himself, and if he or his wife, po~sslOn of widow, or any of his family or representatives refuses or neglects, = ! : ~ e: al. after seven days' notice in writing, to deliver to the Commissioner or his agent any property as herein defined in the possession or custody of such employee at the occurrence of any ~ uch event as ,aforesaid, then any justice of the peace, upon application by the Commissioner or his agent, may order any member of the police force with proper assistance to enter and take possession of such property, and deliver the same to the Commissioner or his agent, and, if necessary, to remove any person. Officers to account on demand. Summary remedy. (2.) Every employee shall from time to time, when required by the Commissioner, make and deliver to him or to his agent a true account in writing under his hand of all moneys received by him on behalf of the Commissioner. Such account shall state how and to whom and for what purpose such moneys have been disposed of. Together with such account, he shall deliver the vouchers and receip'ts for such payments. He shall pay to the Commissioner or to his agent all moneys which appear to be owing from him upon the balance of such account. If he fails to render such account, or to deliver all such vouchers and receipts in his possession or power, or to pay the balance thereof when required, or if for three days after being required he fails to deliver to the Commissioner or his agent all property in his possession or power, then, upon a complaint made as for a breach of duty, a court of petty sessions may .hear and determine the matter in a summary way, and may adjust and declare the balance owing by such employee, and make such other orders as appear to the court to be just. .If· it appears, either upon his confession or upon evidence or upon inspection of the account, that any moneys which should be paid over to the Commissioner are in his hands or owing by him, such court may order him to pay the same. If he refuses to make such account in writing, or to produce and deliver to such court the vouchers and receipts relating thereto, or to deliver up any property, the court may commit him to prison, there to remain until he has complied with such order. JnSGlvency, (3.) If any employee or agent having in his possession or &0., of power any property as herein defined- employee. (a) Becomes insolvent; or (b) Makes an assignment for the benefit of his creditors; or (c) Has any execution, attachment, or other process issued against his land, goods, chattels, or effects, the Commissioner may apply to such employee or agent, or his assignee or trustee, or to the sheriff or other person executing such

TRADE. 4ct. 1918. State Enterprises 8605 process, or to his executors or administrators, or to any other person having legal right, as the case may be, ahd may demand that all such property be paid over or delivered up to the Commissioner or such person as he may appoint. The party so applied to and haViin~ the same shall on such demand deliver over to the Commissioner, or to such person as .aforesaid, all such property, and shall pa~ out of the estate, assets, or effects of such employee or agent all n).oneys due by him to the Commissioner before any other of the ddbts of the said employee 'Or agent are paid or satisfied, and before the money directed to be levied by such process as aforesairl is pairl over to the party issuing the same. All assets, land, goods, chattels,lestate, and effects of such 'employee or agent shall be bound to th~ payment and discharge thereof accordingly. . (4.) If the Commissioner or his age:q.t makes oath that he has When good reason to believe, upon grounds to b~ stated in his deposition, warrant may and does believe, that it is the intention of any employee or agent issue. to abscond or that he has absconded, any Ijustice of the peace may, if he thinks fit, issue a warrant in the first instance for the bringing of such employee or agent before such justice or court as aforesaid. (5.) For the purposes of this secti~ n, the term "property" Meaning of includes any building or any part therrof or any appurtenance" property." thereof, or any books, papers, securities, documents, or property whatsoever relating to the execution of this Act or the business of the Commissioner or belonging to the Co~ missioner. (6.) No such proceeding against or dealing with any such Sureties not employee or agent shall deprive the Commissioner of any remedy to be which he might otherwise have against such employee or agent or discharged. any surety. 23. Any notice under this Act may lhe served personally or by Service of post, addressed to the last known place of residence or business of notices. the person to be served. 24. (1.) No matter or thing done and no agreement entered Protection of into by the Commissioner or any employee or other person on his Corn. behalf or under his direction shall, if the matter or thing was done missioner o A r ctt, hesuabgJ·reecetmtehnet Cwoams menl.StS. elrOendeirnotor b a o n n y a s f u id c e h fpoerrstohne ptourapnoysepseorfsotnhaisle fa m rnodmployees liability in respect thereof. personal (2.) An actI.On sha11 not be brought aga.mst the Comml. SS.IOner liability. ()r any employee or other person for anything done or intended or ()mitted to be done under this Act until the expiration of one month after notice in writing has been served on the Commissioner or person to be sued, clearly stating the cause of action and the name and place of abode of the intended plaintiff and of his solicitor .)r agent. On the trial of any such action the plaintiff shall not be per- Notice of mitted to go into evidence of any cause of action which is not stated action. in the notice so served. Unless such notice is proved, the Court shall find for the defendant. Every such action shall be commenced within twelve months next after the accruing of the cause of action, and not afterwards.

8606 TRADE. State Enterprises Act. 9 GEO. V. No. 20, 1918. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agent, at any time within one month after service of the notice, and in case the same is not accepted may plead such tender. Obstruction. 25. Any person who in any way resists, interferes with, hinders, or obstructs any officer or person in the exercise or discharge of any power or duty under this Act is guilty of an offence, and is liable to a penalty not exceeding one hundred pounds. Recovery of 26. (1.) All offences against this Act may be prosecuted and penalties. punished at the option of the Minister, either by complaint under *" Th", J'u.stices Acts, 1886 to 1909," or by action in the Supreme Court before a judge thereof sitting without a jury: Provided that no proceedings for an' offence against this Act shall be taken by any person whomsoever without the written direc- tion of the Minister. Any such complaint may be instituted within six months aft'er the fact of the commission of the offence against or failure of com- pliance with this Act came to the knowledge of the Minister. (2.) All penalties recovered under this Act shall be paid to the Minister for the purposes of the State Trade Office. WAGES. See LABOUR. WORKERS' COMPENSATION. See LABOUR. * 1)0 Vie. No. 17 and amending Acts, supra, page 1132.