State Transport Act Amendment Act of 1965 (Qld)

892 Q1=n5 IM Ibr ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 63 of 1965 An Act to Amend " The State Transport Act of 1960," in certain particulars [ASSENTED TO 23RD DECEMBER, 1965] BE IT ENACTED by the Queen' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1 (1) Short title. This Act may be cited as " The State Transport Act Amendment Act of 1965." (2) Principal Act. " The State Transport Act of 1960." is in this Act referred to as the Principal Act. (3) Collective title . The Principall Act and this Act may be collectively cited as " The Stare Transport Acts, 1960 to 1965."

State Transport Act .4mendment i rt o1 1965, No. 63 893 2. Amendments of s. 39. Section thirty-nine of the Principal Act is amended by- (a) omitting the symbols and numeral " (1) "; (b) omitting the words " a person who holds in respect of a vehicle a license to hire to carry on such vehicle ", where appearing in paragraphs (a) and (b), and inserting in their stead in both those paragraphs the words " a person to carry on a vehicle in respect of which a license to hire is in force ". 3. Amendment of s. 49 . Section forty-nine of the Principal Act is amended by omitting the words " and in the name of such person ". 4. New s. 49A i nserted . The Principal Act is amended by inserting after section forty-nine the following section:- " [49A.) Further offences with respect to carriage of goods. (1) Without limiting or prejudicing the application of any other section of this Act, a person who in any character or capacity whatever carries or causes or in any way whatever arranges for, brings about, consents to or allows the carriage of goods by vehicle by road from any place in Queensland to any other place in Queensland except by a vehicle or vehicles in respect of which a permit issued under this Act shall be in force at the time of such carriage authorizing such carriage shall be guilty of an offence against this Act and liable- (a) for a first such offence, to a penalty of not more than one hundred pounds; (b) for a second such offence, to a penalty of not less than one hundred pounds or more than two hundred pounds; (c) for a third or subsequent such offence, to a penalty of not less than two hundred pounds or more than five hundred pounds. (2) Upon proof of the carriage of any goods by vehicle by road alleged in a complaint for an offence against this section, the adjudicating court shall presume that this Part of this Act applies to such carriage of goods unless the contrary is proved to its satisfaction. (3) In any proceedings under this Act for or in respect of an offence alleged against this section- (a) the burden of proof that at any material time there was in force an appropriate permit authorizing the particular carriage of the goods shall be on the defendant;

894 State Transport Act Amendment Act of 1965, No. 63 (b) the burden of proof that an act or omission occurred independently of the exercise of the will of the defendant, or that any event occurred by accident, or that the defendant did or omitted to do any act under an honest and reasonable, but mistaken, belief in the existence of any state of things, shall be on such defendant."