State Transport Act of 1932 (23 Geo v No. 24) (Qld)

TRANSPORT. Sta;te Transport Act. 23 GEO. V. No. 24, TRANSPORT. 23 Geo. V. No. 24. THE STATE TRANSPORT ACT OF 1932. An Act to Provide for the Improvement of Transport and for other purposes. [ASSENTED TO 15TH DECEMBER, 1932.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of ( ~ ueensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The State Transport amnedncceomme- nt Act of 1932," and shall come into operation on a date to of Act. be proclaimed by the Governor in Council by Proclama- tion published in the Gazette, which date is herein referred to as the commencement of this Act. Interpreta- 2. In this Act, unless the context otherwise indicates tion. or requires, the following terms have the meanings respectively assigned to them, that is to say : - Board. " Board"-The State Transport Board appointed under this Act; Commis- sioner for RailwaYB. " Commissioner for Railwavs"-The Commissioner for Railways for the time being holding office under *" The Railways Acts, 1914 to 1929" ; Commis·· sioner of Main Roads. "Commissioner of Main Roads"-The Commis- sioner of Main Roads for the time being holding office under t" The .1vlain Roads Acts~ 1920 to 1929" ; Commis· sioner of Police. " Commissioner of Police"-The Commissioner of Police for the time being holding office under t" The Police Acts, 1838 to 1928" ; Heavy vehicle. " Heavy vehicle"-A heavy vehicle as defined in §" The Heavy Vehicles Acts, 1925 to 1931 " ; Minister. " .Minister"-The Minister for Transport or other Minister for the time being charged with the administration of this Act; -------------------------------_. * 5 Geo. V. No. 24 and amendin~ Acts,8upra, pages 7215 et 8eq. (See' Alphabetical Table). t 10 Geo. V. No. 26 and amending Acts, 8!wra, pages 9265 et 8eq. (See Alphabeti -al Table.) t 2 Vie. No. 2 ani amendmg Acts, Statutes, pages 2315 et 8eq. (See' Alphal etical Table). § 16 Geo. V. No. 22, 20 Geo. V. No. 13, and 22 Geo. V. No. 38, 8Upra pages 11499, 12792, and 13954. >

TRANSPORT. 14407 1932. state Transport Act. "Motor vehicle"-Any vehicle propelled by gas, Mot.or motor spirit, oil, electricity, steam, or any vehIcle. other motive power, and used or intended to be used on any public highway: the term includes motor bicycle and motor cycle, but does not include a railway or tramway locomotive, tram motor, tram car, fire engine, fire reel, or traction engine; , " Prescribed "-Prescribed by this Act; Prescribed. "Registrar of Vehicles" or "Registrar"-The Registrar of Secret ary 0 f the COmml. SS.lOner 0 f Ma' ln R oads Vehicles. or any person who in the absence of the Secretary is appointed by the Commissioner to act as Registrar during such absence; "Regulations"-Regulations made under the Regulations. authority of this Act; "This Act"-This Act and all Proclamations, This Act. Orders in Council, regulations, directions, and notifications thereunder; "Traffic district "-A traffic district as defined Traffic in *"The Heavy Vehicles Acts, 1925 to 1931"; district. "Traffic route"-Any traffic route declared and Traffic route. established in pursuance of the provisions of *" The Heavy Vehicles Acts, 1925 to 1931," and also any traffic route declared and established in pursuance of this Act. 3. t" The State Transport Co-ordination Act of 1931 " Repeal of is repealed and the State Transport Board appointed ; : a~ ~ P( ) 7" t thereunder is dissolved, and its members shall go out OO-()7"dina- o f 0 ffice. tion Act of 1931" and dissolution of the State Transport Board thereunder. 4. Notwithstanding anything in this Act or in any Pre&:r:'ation other Act contained, the Minister of the Crown holding ~ ! rMmlster office on the passing of this Act as Minister for Transport. Transport shall be and continue io be the Minister for Transport, and any reference in any Act or law to the * 16 Geo. V. No. 22, 20 Geo V. No. 13, and 22 Geo. V. No. 38, supra, pages 11499, 12792, and 13954. t 22 Goo. V. No. 48, Bupra, page 13958.

14408 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, Secretary for Railways shall be and be deemed to be construed as if for the words the "Secretary for Railways" the words the" Minister for Transport" were substituted. Establish. ment of State Transport Board. 5. (1.) For the purposes of this Act there shall be established a Board to be called the "State Transport Board," referred to hereinafter as the" Board." The Board shall be composed of three members, namely:- (a) The Commissioner for Railways; (b) The Commissioner of Main Roads; (c) The Commissioner of Police. Commis- (2.) The Commissioner for Railways may from time sRiaoinlewrafyosr to time appoint, with the approval of the Minister, any may, ~ ith officer of his Department to perform the duties and aopf lM)rionviaslter, exercise the powers of the Commissioner for Railways appoint an as a member of the Board. Such appointment may be opfefrifcoerrmtothe cancelled at any time by the Commissioner for Railways, duties of and the Commissioner shall thereupon resume his duties sCioomnemr ifso- r and powers as a member of the Board. Railways !!os member of Board. In like (3.) The provisions of subsection two of this section mtoaCnnoomrmaiss- shall m1datis m1dandis apply to the Commissioner of sioner of Main Roads and to the Commissioner of Police. Main Roads and Com- mi~ sioner of Police. Chairman. (4.) One of the members of the Board shall be appointed by the Governor in Council to be chairman of the Board. Registrar of 6. (1.) The Secretary of the Commissioner of Main Vehicles. Roads shall be the Registrar of Vehicles, and any reference in any Act, regulation, or law to the Registrar of Heavy Vehicles or the Registrar of Motor Vehicles shall from and after the date of commencement of this Act be and be deemed to be construed as the Registrar of Vehicles. Socretary to Board. (2.) The Board shall, with the approval of the Minister, appoint a Secretary to the Board. The Secretary shall be an officer of either the Department of the Commissioner for Railways or the Department of the Commissioner of Main Roads, and may hold the office

TRANSPORT. 14409 1932. State Transport Act. of Secretary to the Board in conjunction with any office held by him as an officer of the Commissioner for Railways or the Commissioner of Main Roads. The Board may with the approval of the Minister make the Secretary an allowance on account of his services as Secretary to the Board. 7. (1.) It shall be the duty of the Board to make Duty of such investigations and inquiries into transport matters Bo:d to as the Minister may from time to time or at any time ~ ~ estiga. direct. In making any such investigations and inquiries bons, &c. and in making its report to the Minister the Board shall give consideration, among other factors, to all or any of the following factors, namely :- (a) The question of transportation generally in the light of service to the community; (0) The needs of the State for economic development; (C) The impartial and equitable treatment of all conflicting interests. The results of all such inquiries and investigations shall be reported by the Board to the Minister, and for this purpose the Board may utilise all reports and/or documents the property of the State Transport Board dissolved by this Act, and all such reports and/or documents shall become the property of the Board. (2.) Any such inquiry and investigation shall be Conduc~ of carried out in such manner as the Board may deem i1!-vestiga- expedient, and for the purposes of any such investigation tlOn. and inquiry the Board may make use of the services of any officer of any Government Department, after the approval of the Minister administering such Department has been obtained. (3.) The Board may, with the approval of the Utilisa~ jon Minister, employ the services of any person not employed ~ ~ ~e: r: ~ ~ in any Government Department for the purpose of outside assisting the Board in any'investigation or inquiry made g~ ; : ~ ~ : : ~ : . by the Board under this Act, and may, with the like approval, appoint Committees comprised of such persons as the Board may, with the approval of the Minister, determine, to report to the Board on any matter sub- mitted to any such Committee by the Board. x

14410 TRANSPORT. State Transport Act. 23 GEO.V. No. 24, Application (4.) For the purpose of any such inquiry and oInfqOufifriiceisal investigation, the Board and any Committee appointed Evidence as aforesaid shall have the powers, authority, and Acts. protection of a Commission under *"The Official Inquiries Evidence Acts, 1910 to 1929." Traffic routes. 8. Notwithstanding anything contained in t" The Heavy Vehicles Acts, 1925 to 1931," or in any Act or law to the contrary, the Board, with the approval of the Minister, may from time to time by notification in the Gazette, establish and declare traffic routes between any places whatsoever under and for the purposes of t" The Heavy Vehicles Acts, 1925 to 1931," and under and for the purposes of this Act, and may by like notification abolish any traffic route or vary any traffic route there- tofore established, and whether established under this Act, or under t" The Heavy Vehicles Acts, 1925 to 1931." When a traffic route has been established and declared, whether under this Act or under t" The Heavy Vehicles Acts, 1925 to 1931," between any places, the traffic route shall be deemed to include all highways or portions thereof between the places stated in the notification: Provided that where any such traffic route runs wholly or partly within a traffic district the highway or highways constituting or comprised in such traffic route which lies or lie within such traffic district shall be specifically defined and declared in the notification. Power of Board as to heavv vehicles. Further powers. 9. (1.) Notwithstanding anything contained in t" The Heavy Vehicles Acts, 1925 to 1931," or in any Act or law to the contrary, the Board shall have power to prohibit the carriage by any heavy vehicle of passengers and/or of such goods on such traffic routes or portions thereof as may be notified by the Minister in the Gazette, and/or to allow the carriage of passengers and/or of such goods on such traffic routes or portions thereof as may be notified as aforesaid, subject to the compliance by the owner or user of any heavy vehicle used as aforesaid with such terms and conditions regarding such use as may be imposed by the Board: (2.) Provided that nothing herein contained shall be deemed to prevent the Board from prohibiting the carriage of passengers and/or goods by any heavy * 1 Geo. V. No. 26 and 20 Geo. V No. 2, supra, pages 748 and 12474. t 16 Geo. V. No. 22 and amending Acts, supra, pages 11499 et seq.

]932. TRANSPORT. State Transport Act. 14411 vehicle as aforesaid in anyone or more cases, and to allow such carriage by another or other heavy vehicles to be used under the same circumstances: (3.) Provided further that the terms and conditions Terms and imposed by the Board to be observed by the owners or conditions. users of heavy vehicles in connection with the use of such heavy vehicles need not be the same, but may be varied by the Board in its absolute discretion. (4.) Notwithstanding anything in any Act or law Registra. to the contrary, the Registrar of Vehicles shall and may tion ~ r. td refuse t 0 I·ssue a cert' 1 ficat e 0 f regI'strat'IOn or renewa I 0 f condItIOns. registration in respect of any vehicle as a heavy vehicle under *" The Heavy Vehicles Acts, 1925 to 1931," if so directed by the Board, and the Registrar shall give full effect to any of the requirements of the Board in all such matters; and any conditions required by the Board to be observed by the owner or user of any heavy vehicle shall be set forth on the certificate of registration or renewal of registration issued by the Registrar in respect of such vehicle in pursuance of the provisions of *" The Heavy Vehicles Acts, 1925 to 1931." Such conditions as aforesaid may relate to the amount of registration fee to be paid by the owner of the heavy vehicle concerned in respect of such heavy vehicle, the route to be followed by such vehicle, the loading to be carried by such vehicle, and such other conditions as the Board may impose. 10. (1.) Before the issue by the Registrar of Duty of Vehicles of a certificate of registration or renewal of Registrar to registration as provided in *" The Heavy Vehicles Acts, ~ ~ ~TI~! tion 1925 to 1931," in respect of any heavy vehicle to be used to Board. for the carriage of passengers in any traffic district, the Registrar shall, if so directed by the Board, submit the application for such certificate of registration or renewal of registration to the Board. (2.) The Board is hereby empowered to consider Powers of all such applications as aforesaid, and to require the Board. Registrar to refuse to issue the certificate of registration or renewal of registration of any heavy vehicle a,s afore- said, or to issue such certificate as aforesaid, subject to the observance by the owner or user of the vehicle '" 16 Geo. V. No. 22 and amending Acts, supra, pages 11499 et seq.

14412 TRANSPORT. - - - - _ .•..... _ - - - - - - - - - - - - - - - - - - - - - State Transport Act. 23 GEO. V. No. 24, concerned of such conditions as the Board may impose. On receipt of any such direction as aforesaid by the Board, the Registrar shall give effect to such direction. & tPimo c. wee- trasbales, to of an (Z y .) suTchhe Bveohaircdleshcaolnl dhiativoenpsoawsertototihmeptoismeei- ntarbeslepetcot which any such vehicle is to be run, the route which is to be followed by any such vehicle, the maximum number of passengers which such vehicle may carry, the amount of registration fee payable in respect of the registration of such vehicle as a heavy vehicle, and such other conditions of such nature as may be imposed. awCuoittmhhoplroeicttiyatil. on any Wexhisetrienganfyormsucohf vterahnicslpeoirst loikwenlyedtoorcoompepreatteedwibtyh any local authority or other local self-governing body, the Board shall, before the issue of any directions to the Registrar in relation to the registration of such vehicle as a heavy vehicle, consult such local self-governing body in the matter. gertificates 11. (1.) Notwithstanding anything herein contained, lHsseuaevdy under where a cert'Ificat e 0 f regI.St rat'IOn or renewaI 0 freg' IStrat'IOn V~ hicles Act as a heavy vehicle has been issued under *" The Heavy JparInouratroy, 1st T r T e h ~ ' c l es Acts, 1925 to 1931," prI . Or to t h e first day 0 f 1932. January, one thousand nine hundred and thirty-two, in respect of any heavy vehicle, such vehicle may continue to be operated until the expiration of the period for which such certificate of registration or renewal of registration as a heavy vehicle has been issued, and the Board shall have no power to attach any conditions to the use of any such heavy vehicle until the expiration of the period aforesaid. Certificates issued subsequent to 1st January, 1932. (2.) Where a certificate of registration or renewal of registration as a heavy vehicle has been issued in respect of any heavy vehicle subsequent to the first day of January, one thousand nine hundred and thirty-two, the Board may at any time order the cancellation of such registration or renewal of registration, and the owner shall be entitled to receive a refund of the unexpired portion of the registration or renewal of registration fee: Saving as to fresh Provided that nothing herein contained shall be a.pplication. deemed to prevent the owner of any such heavy vehicle, the registration or renewal of registration of which as a heavy vehicle has been cancelled, from making a * 16 Geo V. No. 22 and amending Acts, 8upra, pages 11499 et 8eq.

TRANSPORT. 14413 1932. State Transport Act. fresh application for registration of such vehicle as a heavy vehicle under *" The Heavy Vehicles Acts, 1925 to 1931." (3.) Notwithstanding anything hereinbefore con- Li? e~ es tained or any law to the contrary, where any heavy~~~~tillg on vehicle was licensed for the carriage of passengers with December, any local authority under any provisions or t" The LocaZ 1fJ3 1. Authorities Acts, 1902 to 1929," or the Brisbane City Council constituted under t" The City of Brisbane Acts, 1924 to 1930," or under §" The Traffic Acts, 1905 to 1928," prior to the first day of January, one thousand nine hundred and thirty-two, the terms and provisions of the license issued in respect thereof shall, if such license was in force on the thirty-first day of December, one thousand nine hundred and thirty-one, be deemed to remain in full force and effect until the thirty-first day of December, one thousand nine hundred and thirty-two, and until the expiration of the period aforesaid the Board shall have no power to impose any conditions in respect of the use of any such vehicle at variance with any term or condition contained in the license issued in respect thereof: Provided that nothing hereinbefore contained shall be deemed to exempt any such vehicle during the period aforesaid from any of the provisions of *" The Heavy Vehicles Acts, 1925 to 1931," or any of the provisions of 11" The Main Roads Acts, 1920 to 1929," or any of the provisions of 'IT" The Traffic Acts, 1905 to 1928," other than those relating to the licensing of such vehicles for the carriage of passengers as aforesaid. . 12. The Board may direct the Registrar of Vehicles B.oard may generally in all matters under this Act in which the Board ~ ~ ; ~ : trar. has power to direct the Registrar and to require the Registrar to do anything or refrain from doing anything, and anything done or omitted to be done by the Registrar in accordance with any such general direction by the Board shall be deemed to have been done or omitted to be done by the Board under this Act. * 16 aeo. v. No. 22 and amending Acts, supra, pages 11499 et seq. t 2 Edw. VII. No 19 and amending Acts, supra, pages 1860 et seg. Alphabetical Table) t 15 Gro. V. No. 32 and amendini2; Acts, supra, pages 11140 et 8eq. § 5 Ed.w. VII. No. 18 and amending Acts, supra, pages 3487 et seq. Alphabetical Table.) 1110 Geo. V. No. 26 ancl amending Acts, supra, pages 12357 et seq. ~ 5 Edw. VII. No. 18 and amending Acts, supra, pages 3487 et seq. Alphabetical Table). (See (See (See

14414 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, Further powers of 13. Notwithstanding anything contained in *" The Board as to Heavy Vehicles Acts, 1925 to 1931," the Board shall have exemption. power to exempt from the requirements to be registered under the said Acts any vehicle which in the opinion of the Board is engaged solely in carrying passengers or goods not in competition with any existing facility. PO\vers of exemption in certain cases. 14. Notwithstanding anything contained in *" The Heavy Vehicles Acts, 1925 to 1931," the Board shall have full power and authority to exempt from the requirements to be registered under the aforesaid Act any heavy vehicle carrying goods and/or passengers which does not carry such goods and/or passengers to a greater distance beyond the point of commencement of such carriage as the Board may, with the approval of the Governor in Council, decide. The point of commencement of any such carriage shall be as may be decided by the Board: Provided that the limits of distance herein provided need nbt be a fixed distance, but may be varied by the Board, with the approval of the Minister, to cover particular cases in particular districts. Certain licenses not required. 15. After the date of coming into operation of this Act, upon the registration of a heavy vehicle under *" The Heavy Vehicles Acts, 1925 to 1931," the owner thereof shall be under no liability to license the sam0 with any local authority under any provisions of t" The Local Authorities Acts, 1902 to 1929," or the Brisbane City Council constituted under t" The City of Brisbane Acts, 1924 to 1930," or any by-law or ordinance made thereunder, or to obtain any license under §" The Traffic Acts, 1905 to 1928." DBcoeoncafirisdrimotneodobfe to th 1 e 6 M . iEnivseterry fdoercihsiisoncoonfftihrme aBtiooanrdwsihthailnl btwe esnutbym-eiitgtehd t by Minister. days after such decision has been placed on record under the hand of the Secretary to the Board. Subject to the direction of the Governor in Council with respect to decisions on matters of routine (which the Governor in Council is hereby empowered to so direct), no decision of the Board shall have any effect unless or until it has been confirmed by the Minister. * 16 Geo. V. No. 22 and amending Acts, supra, pages 11499 et seq. t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et Beq. Alphabetical Tahle). t 15 Geo. V. No. 32 and amending Acts, supra, pages 11140 et seq. § 5 Edw. VII. No. 18 and amending Acts, 8upra, pages 3487 et seq. (See

TRANSPORT. 14415 1932. State Transport Act. 1 7. (1.) Every operator of a motor vehicle shall Operator of obtain a certificate of competency as an operator before ~~ ~~~ e to operating a motor vehicle on any public road. Such obtain certificates shall be issued under the authority of the ~ ~ : ; Z: et; : c; ~ Commissioner of Police. Except as hereinafter provided, no fee shall be charged for the issue of any such certificate of competency as an operator of a motor vehicle. (2.) The Commissioner of Police shall and may Powers of wopitehrdatroarw 0 f ora cmanocteolr avec h eI · Crt I iefi ' cIsastuee d oftocoamnpyetpeenrcsyonas if asno SP ~ l o oO m lin m ce i er sf t 0 o ' directed by any judge of the Supreme Court or any wit~ :a7e police magistrate who is of the opinion that the person cer ca . to whom the certificate aforesaid has been issued should not in the interests of the public be permitted to operate a motor vehicle. Such order may be made to cover such periods as the judge or police magistrate may direct in any case, and the Commissioner of Police is hereby required and empowered to give effect to any such order. 18. (1.) The form of certificate of registration and For~ of renewa I 0 f regI . st rat'IOn for veh 1 ' 0 I es as mot or veh l ' C I es certIficate. and heavy vehicles shall be consolidated. Such form shall include provision for the endorsement thereon that the vehicle in respect of which the certificate aforesaid is issued is to be operated by the owner or his nominee only or by the owner or his nominee and other persons. (2.) In addition to any registration fee that may be Fees. payable on the issue of the certificate of registration or renewal of registration aforesaid, the owner shall pay such additional amount as may be- prescribed on account of the endorsement aforesaid. (3.) Subject to this Act, any person may upon payment of a fee to be prescribed have his certificate of competency as an operator of a motor vehicle endorsed that such fee has bee~ l paid for the period denoted on such certificate of competency, and thereupon the owner of any motor vehicle shall be under no liability to pay any additional fee or to have the certificate of registration or renewal of registration in respect of such motor vehicle further endorsed on account of any such person aforesaid operating such motor vehicle during the period denoted as aforesaid. (4.) The owner of any motor vehicle who has paid the additional amount as provided in subsection two

14416 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, hereof on account of the endorsement of the certificate of registration or renewal of registration of such motor vehicle may make application to the Registrar to have the certificate of competency as an operator of a motor vehicle of himself or his nominee endorsed that such fee has been paid for the period denoted on the certificate of registration or renewal of registration aforesaid, and upon such endorsement of such certificate of competency aforesaid such owner or his nominee, as the case may be, shall for the purposes of operating any other motor vehicle be deemed to be a person who has had his certificate of competency as an operator of a motor vehicle endorsed as provided in subsection three hereof, and the provisions of the said subsection three shall apply accordingly. Collectio~ s (5.) All amounts collected by the Registrar on ~ e~ : ! ~ ld to account of any such endorsement as aforesaid shall be aftor c.ertain paid into the Consolidated Revenue of the State after deductIOns. deducting therefrom the costs of collection and any other expenses incurred under this Act. Allowances 19. The amount of any allowance paid to the t&oc.S, ehcorwetary. Secretary to the . Board and any amounts expended in paid. payment for services rendered to the Board, and any other amounts expended in carrying out the objects and purposes of this Act as may be approved by the Minister, shall be paid out of amounts collected by the Registrar from the owners and/or operators of motor vehicles and paid by such owners and/or operators under this Act on account of the endorsement on the certificate of registration or renewal of registration or on. a certificate of competency as an operator as provided in section eighteen hereof. When actions not to be brought. 20. No action or legal proceedings whatsoever shall be brought by any person against the Board, or any member thereof, or the Registrar of Vehicles on account of any refusal by the Board or the Registrar of Vehicles to issue a certificate of registration or renewal of registration in respect of any heavy vehicle under *" The Heavy Vehicles Acts, 1925 to 1931," or on account of any conditions which may be imposed by the Board or by the Registrar of Vehicles at the direction of the Board in connection with the issue of any certificate of registration or renewal of registration as aforesaid in * 16 Geo. V. No. 22 and a.mending Acts, supra, pages 11499 et seq.

TRANSPORT. 14417 1932. State Transport Act. respect of any such heavy vehicle, or on account of the cancellation of any such certificate aforesaid; and any court in which such proceedings may be commenced shall have no power or authority to hear or determine any such matter, and shall forthwith dismiss such proceedings. 21. (1.) Section eight of *" The Heavy Vehicles Acts, Amendment 1925 to 1931," is amended by the insertion after the word ~ e~ v~ of " may" in the first line of the words" upon the recom- Vehicles mendation of the State Transport Board constituted Acts. under t" The State Transport Act of 1932." " Where under *" The Heavy Vehicles Acts, 1925 to Construction 1931," the Minister is empowered or required to exercise ~ e~ ~ ~ e: Y or discharge any power, authority, or duty, the same Acts as to shall be exercised or discharged by him on the recom- fur~ : ~ ~ ~ r~ f mendation of the State Transport Board, and the prOVISIons of the said Acts shall be construed accordingly. (2.) Subsection one of section six of t" The Traffic Amendment Acts, 1905 to 1928," is amended by deleting the words o~ Sh 6 (1) "the Commissioner of Police" and by inserting in lieu ~ r: ffi~ Acts. thereof the words "the State Transport Board con- stituted pursuant to the provisions of t" The State Transport Act of 1932." " (3.) Section fifty-seven of §" The Inspection of Amendment Machinery Acts, 1915 to 1930," is amended by inserting ~ ~ : . 57 of pbreOfVoIr.SeO, thneamthe1iyrd. . - last paragraph thereof the following oIAnfcsMtps. eaccthiionnery "Provided that any regulations to be made under this Act relating to the inspection of motor vehicles shall be made by the Governor in Council on the recom· mendation of the State Transport Board constituted under t" The State Transport Act of 1932." " 22. For the purposes of section seven of *" The Commis. Heavy Vehicles Acts, 1925 to 1931," the Commissioner~ or: er~ f d of Main Roads shall be deemed to be a local authority, w~ ~ ~ oa s, and any amounts due to the Commissioner pursuant Idee~ ed a to the said section sh,all be paid from the Heavy Vehicles :::hority. Fund into the Main Roads Fund as provided in 11" The Main Roads Acts, 1920 to 1929." * 16 Geo. V. No. 22 and amending Acts, supra, pages 11499 et seq. t 23 Geo. V. No. 24 (this Act). t 5 Edw. VII. No. 18 and amending Acts, supra, pages 3487 et seq. § 6 Geo. V. No. 24 and amending Acts, supra, pages 6859 et seq. 1110 Geo. V. No. 26 and amending Acts, supra, pages 12357 et sea.

14418 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, Incorpora· 23. The Governor in Council may on the *" t r i e o g n ul o a f tion~ recommendation of the Board by Order in Council under other incorporate in any regulations made under The Actl!. Main Roads Acts, 1920 to 1929," or any Act amend- ing or in substitution for the same such regulations made under t" The Traffic Acts, 1905 to 1928," or any Act amending or in substitution for the same as he thinks desirable, and upon the publication of any such Order in Council aforesaid in the Gazette 811 such regulations so incorporated shall be deemed to have been made under the authority of *" The Main Roads Acts, 1920 to 1929," and such regulations shall thereupon apply to all State highways, main, developmental, and tourist roads as defined in *" The Main Roads Acts, 1920 to 1929," as if such roads were situated in traffic districts as defined in t" The Traffic Acts, 1905 to 1928." General penalty. 24. (1.) Every person committing a breach of or failing to comply with any of the provisions of this Act shall, if no other penalty is specified, be liable to a penalty not exceeding one hundred pounds. aRpneendcaoflvetieeesrs. y of this A (2 c . t ) mAalyl bpeenreacltoivesereindciunraresdumanmdarfyeews apyabyyacbolemupnladienrt under t" The Justices Acts, 1886 to 1929." Regulations. 25. The Governor in Council may from time to time make all such regulations as he deems necessary and convenient for the purpose of carrying this Act into execution and for the conferring of the necessary power so to do. All such regulations shall be published in the Gazette, and upon publication shall have the same force and effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatever. Without limiting the generality of the foregoing provisions, regulations may be made for all or any of the purposes set forth in the Schedule to this Act. A regulation may impose a penalty for any breach thereof and may also impose different penalties in case of successive breaches, but no such penalty shall exceed one hundred pounds. * 10 Geo. V. No. 26 and amending Acts, supra, pages 12357 et 8eq. t 5 Edw. VII. No. 18 and amending Acts, supra, pages 3487 et 8eq. t 50 Vic. No. 17 and amending Acta, 8upra, pages 1132 et 8eq.

TRANSPORT. 14419 1932. State Transport Act. A regulation may also impose a daily penalty for any breach thereof-that is to say, a penalty for each day on which the offence is continued after notice has been given to the offender of the commission of the offence, or after a conviction or order by any court, as the case may be; but no such penalty shall exceed ten pounds per day. A regulation may impose a minimum penalty for any breach thereof, which minimum the adjudicating court shall also have power to mitigate; but no such minimum penalty shall exceed five pounds. 26. (1.) Every notification made under this Act shall Notifica. be published in the Gazette and shall be judicially noticed. tions. (2.) The Minister may by written notification amend or rescind any notification made under this Act. (3.) No misnomer or inaccurate description or omission contained in any such notification shall in any wise prevent or abridge the operation of this Act with respect of the subject of such description, provided the same is designated so as to be understood. (4.) No notification purporting to be made under this Act and being within the powers conferred on the Minister shall be deemed to be invalid on account of non-compliance with any of the matters required by this Act as preHminary to the same. 27. All Proclamations, Orders in Council, and Proclama. regulations made or purporting to have been made under ! iO~ , Or~ers this Act shall be published in the Gazette, and thereupon ~ d OUllm , shall be of the same effect as if they were enacted in regulations. this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Any such Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. The production of a copy of the Gazette purporting to contain any such Proclamation, Order in Council, or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, regulation, or rule. All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within

14420 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, fourteen days after such publication, if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, regulation, or rule has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. SCHEDULE. 1. Prescribing all matters which by the Act are required to be prescribed for carrying out or giving effect to the Act. 2. Regulating the business and proceedings of the Board; the meetings thereof, quorum, and the keeping of proper minutes of the Board. 3. The form, construction, and equipment of vehicles used, kept, or let for the conveyance of passengers for hire, not being cars used on railways or tramways; the number of passengers that may be carried in or on such vehicles. 4. Providing generally for facilitating the identification of motor vehicles and in particular for determining and regulating generally the size, shape, and character of the identification marks to be fixed and the mode in which they are to be fixed. 5. Providing generally for the size, number, position, and candle- power of the lights to be carried and exhibited by motor vehicles j and the time at which such lights are to be carried and exhibited. 6. Providing for the proper illumination at night time of identification marks or numbers of motor vehicles. 7. Providing for the regulation of the carrhtge of dangerous goods. 8. Providing for the qualifications of and tests to be passed by applicants for certificates of competency as operators of motor vehicles; the conditions to be observed by persons learning to operate a motor vehicle; and for the issue of permits to such persons; providing also what fees shall be paid for endorsement of a certincate of competency as an operator of a. motor vehicle (and if necessary defining the the term " operator of a motor vehicle") ; providing also

TRANSPORT. 14421 1932. State Transport Act. 'what fees shall be paid for endorsement of a certificate of registration or renewal of registration of a motor vehicle; providing also for the duration of certificates of competency as operators of motor vehicles ; providing also for the endorsement of any certificate of competency as an operator of a motor vehicle; and providing also for the refusal to issue, suspension, and cancellation of any certificate of competency as an operator of a motor vehicle. 9. Prescribing what shall constitute" the Rule of the Road" and applying and enforcing such regulations in respect thereof throughout the State (and whether comprised in a traffic district or not). 10. Providing that the owner of a motor vehicle as well as the operator of a motor vehicle shall be jointly and severally liable for an offence if such motor vehicle is with the knowledge, connivance, or authority of such owner and/or operator operated by a person not holding a certificate of competency as an operator of a motor vehicle. 11. Defining what shall constitute an endorsement on a certificate of registration, renewal of registration, or certificate of competency. Providing that any document attached to any certificate of registration, renewal of registration, or certificate of competency under the direction of the Registrar shall be deemed to be an endorse- ment on such certificate of registration, renewal of registration, or certificate of competency. Providing for the transfer of the endorsement on a certificate of registration or renewal of registration with the transfer of such cp.rtificate of registration or renewal of registration. Providing for the cancellation of the endorsement on a certificate of registration or renewal of registration with the cancellation of such certificate of registration *of renewal of registration, and for refunds [*Sic 8emble of fees wholly or in part on account of any such cancellation. "or."] Providing for the transfer of nominations endorsed on certIficate of registration and renewal of registration as provided in section eighteen, and prescribing any necessary fees therefor. Providing for the adjustment of motor vehicle registration or renewal of registration fees and heavy vehicle registration or renewal of registration fees if necessary as a result of the issue of consolidated ()ertificates of registration or renewal of registration. Providing for the periods within which drivers' licenses in force at the date of coming into force of this Act may continue to be in force, and for crediting the unexpired portion of the fee paid for any such license to the fee payable for the endorsement of a certificate of competency as an operator of a motor vehicle, or a certificate of registration or renewal of registration. Providing for interim payments of fees for a certificate of competency as an operator of a motor vehicle where an existing driver's license held by an owner of a motor vehicle expires before the due date of renewal of the certificate of registration for the vehicle, or where a certificate of competency as an operator of a motor vehicle is obtained by the owner of a motor vehicle before the due date of renewal of the certificate of registration. Providing for additional tests to be passed by a holder of a certificate of competency as an operator of a motor vehicle issued to

14422 TRANSPORT. State Transport Act. 23 GEO. V. No. 24, 1932. such holder operating a motor vehicle outside a traffic district if such holder desires to operate a motor vehicle inside a traffic district, and for the endorsement of such certificate of competency after such tests shall have been passed by the holder. Providing for the inspection of vehicles by officers of the Department of the Chief Inspector of Machinery under *" The Inspection of Machinery Acts, 1915 to 1930," as may he directed by the Board. Providing for reciprocity in regard to registration of vehicles and the issue of certificates of competency as operators of motor vehicles between the State of Queensland and other States of the Commonwealth. Providing for the arrest by any police officer of any person in charge of a motor vehicle refusing to give his name and address to any police officer, or refusing to stop such motor vehicle if so directed by such police officer, and the penalties for such offences, and making such regulations have force and effect throughout the State. Providing for the arrest by any police officer of any person found under the influence of liquor or drugs in charge of a motor vehicle, and the penalties for any such offence, and making such regulations have force and effect throughout the State. Providing for the issue of permits to the owners or drivers of heavy vehicles with or without fee, and providing that the amount of fee, if any, for any such permit may be fixed by the Board. Providing for the payment of registration or renewal of regis- tration fees in instalments, and directing, in the case of any part payment, the proportion thereof and the fund into which any such amount is to be paid. 12. The mode of proof of matters required to be proved under and for the purposes of this Act and for facilitating such proof; for the pmpose of any proceedings under thiE Act; dispensing with proof of any formal matters as of handwriting or of documents or of authority. 13. The amount of any penalty for any offence against this Act: Provided that any such amount shall not exceed one hundred pounds. 14. Generally for carrying the provisions of this Act into full force and effect. * 6 Geo. V. No. 24 and amending Acts, 8upra, pages 6859 et 8eq. TULLY SUGAR WORKS AREA LAND REGULATIONS. See LANDS, CROWN (1). UNEMPLOYMENT RELIEF TAX. See LABOUR (1). UPPER BURNETT AND CALLIDE LAND SETTLEMENT. See LANDS, CROWN (1).