State Transport Co-ordination Act of 1931 (22 Geo v No. 48) (Qld)

13958 TRAXSPORT. State Transport Co-ordination Act. 22 GEO. V. No. 48, TRANSPORT. 22N G o E . O 4 . 8. V. An Act to Provide for the Improvement and for THE STATE the Co-ordination of Transport, and for other TRANSPORT CO·ORDINA· purposes. TION ACT OF 1931. [ASSENT:ElD TO 14TH JANUARY, 1932.] B E it enacted by the King's Most Excellent Majesty, by and with the adyice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;-- PRPEALRIMTI 1 NA . R - Y. PART I.-PRELIMINARY. Short title *1. (1.) This Act may be cited as " The.State Trans- : ~ ! mence. port Co-ordination Act of 1931," and shall come into ment of Act. operation on a date to be proclaimed by the Governor in Council by proclamation published in the Gazette: Provided that it shall not be necessary to proclaim that the whole Act shall commence on one date, but that the several Parts and/or sections may be proclaimed to commence on such dates as are respectively fixed by proclamation. Parts of Act. (2.) This Act shall be divided into Parts, as follows :- PART I.-PRELIMINARY; PART H.-MINISTER OF TRANSPORT AND DEPART- MENT OF TRANSPORT; PART IIl.-STATE TRANSPORT BOARD; PART IV.-ADVISORY COMMITTEES; PART V.-LICENSING OF VEHICLES; PART VI.-STATE TRANSPORT (CO-ORDINATION) FUND; PART VIl.-MISCELLANEOUS. 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 :- Advisory Committee. "Advisory Committee"-An Advisory Committee constituted under this Act ; * Proclamation issued bringing Act into force as from 28th January, 1932. (Gazette, 1932, page 462.)

1931. TRANSPORT. State Transrport Co-ordination Act. 13959 PART 1.- PRELIMINARY. "Agent" includes any person who enters into an Agent. arrangement on behalf of another or who holds himself out as open to make or procure such an arrangement, or who in any way invites or accepts an offer on behalf of another; " Board"-The State Transport Board appointed Board under this Act; "Commissioner of Main Roads"-The Commis- Com- sioner of Main Roads for the time being missioner of I 10 Id I · ng 0 ffi ICe un d er * . "T f i W M a~ . n R oa d se A ts, Main Roads. 1920 to 1929"; " Controlled route "-A controlled route as Controlled prescribed in this Act; route. "Goods" includes live-stock and goods, wares, Goods. merchandise, commodities, and chattels of every description; " License"-A license issued under this Act and License. for the time being in force, and the verb to "license" and all its parts have a corres- ponding meaning: the term also includes a permit; "Minister"-The Minister of Transport under Minister, this Act or any Minister for the time being acting for or on behalf of the Minister; "Motor vehicle" means a vehicle propelled by JliIotor any means other than animal or human vehicle. power, but does not include a vehicle used on a railway or tramway; " Operate" means carry or offer to carry passengers Operate. or goods for hire or for any consideration or in the course of any trade or business what, ever on a controlled route; " Owner" includes every person who is the owner, Owner. joint owner, or part owner of a vehicle: where a vehicle is let on hire or hire-purchase the term means the person who is the user of the vehicle under the hiring or hire- purchase agreement; "Prescribed"-Prescribed by this Act; Prascribed. * 10 Geo. V. No. 26 and amending Acts, supra, pages 9265 et seq. (See Alphabetical Table.)

13960 PART I.- PRELIMINARY. 'l'RANSPORT. State Transport Co-ordination Act. 22 GEO. V. No. 48, Public motor vehicle. "Public motor vehicle"-A motor vehicle (as hereinbefore defined)- (1) Used or let or intended to be used or let for the conveyance of passengers or of goods for hire, or for any consideration or in the course of any trade or business whatsoever on a controlled :route; or (2) Plying or travelling or standing in a public street for or in hire or in the course of any trade or business whatsoever on a controlled route; Public street. "Public street" means any street, road, lane, thoroughfare, bridge, footpath; and also any place open to or used by the public on the payment of money or otherwise; Railway Com- missioner. Regulations. "Railway Commissioner"-The Commissioner of Railways for the time being holding office under *"The Railways Acts, 1914 to 1929 " ; "Regulations"-Regulations made under the authority of this Act; Road. Secretary. "Road"--The term also includes a public street; " Secretary" includes the Secretary or any person acting as Secretary of the Board; This Act. Vehicle. "This Act"-This Act and all proclamations, Orders in Council, and regulations there- under; "Vehicle" means any vehicle used, or ordinarily capable of being used, on roads or streets for the transfer of goods or passengers, or both, other than a vehicle propelled by human power only. A trailer or semi-trailer sh!1ll be regarded as a vehicle separate from any vehicle by which it is drawn. A trailer shall, for the purposes of this Act, be deemed to be driven by the person who drives the vehicle by which the trailer is drawn. * 5 Geo. V. No. 24 and amending Acts, 8upra, pages 7215 et 8eg. (See Alphabetical-Table of Acts.)

TRANSPORT. 13961 1931. State Transport Co-ordination Act. tt~ ; I! ! ~ ; _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ OFTRANSPORT AND DEPART- PART n.-MINISTER OF TRANSPORT AND DEPARTMENT T: A~ ~ ~~ ! T. OF TRANSPORT. 3. From and after the commencement of this Act, Minister of the Minister of the Crown holding office as the Secretary Transport. for Railways shall be and be deemed and for all purposes shall be styled the "l\'Iinister for Transport," and any reference in any Act or law to the 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. 4. (l.) For the purposes of the improvement and Department co-ordination of transport and the carrying into effect ~ ~ ansport. of the objects and purposes of this Act, there shall be a Department of Transport under the l\'Iinister of Transport. The Secretary for Railways holding office as such at the commencement of this Act shall be the first Minister of Transport. On and after the commencement of this Act the office of Secretary for Railways as such shall cease to exist, and the :Minister of Transport shall by virtue of this Act be and be deemed to be the successor in office of the Secretary for Railways and to have, hold, antI exercise all the powers and authorities of the Secretary for Railways. (2.) The Department of 'l'ransport shall cornprise--- DBreapnacrhtmeseonft. (a) The Railway Department; (b) The Department of the Commissioner of Main Roads; (c) Any other Department of State or any sub- Department or any part of any such Depart- ment or sub-Department which may from time to time be transferred to the Department of Transport by the Governor in Council by Order in Council published in the Gazette. ma k e( 3u.) seFo 0 f r tt h hee speurrvp . loCseess- of this Act the Board may eBtomomparoadwkeeruedse ( a) Of any of the officers o . r employees of t • he oofffsiceerrvsi, c&esc.o,f Departments referred to m the last precedmg in any. . section . . , . branch or In any other (b) With the approval of the Minister adminis- Department. tering any other Government Department, of any of the officers or employees in that Department. NI

13962 TRANSPORT. PARTII.- MINISTER OF TRANSPORT State T r ransport Co-ordination Act. 22 G EO. V. No. 4 8 , AND DEPART- - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ MENTOF TRANSPORT. (4.) The provisions of this section shall be read Construc- and construed as in aid of and not in derogation from tion. any provisions of this or any other Act or enactment administered in the Department of Transport: Provided that nothing in this section contained shal1 be construed to prejudice or affect any rights accrued or accruing under the Public Service Acts or the Railways Acts or the Main Roads Acts, or any Act in relation to any officer or employee coming within the ambit of thE' provisions of this section. PART III.- STATE TRANSPORT BOARD. PART lIl.-STATE TRANSPORT BOARD. State 5. (1.) For the purposes of providing for the TBroaanrsdp. ort improvement and for the co-ordination of transport in t,he State there shall be established a Board to be called the "State Transport Board" (hereinafter referred to as the "Board"). Such Board shall consist of five members, namely:- (a) Two members representing the commercial, financial, and producing interests of the State; (b) The Commissioner of Railways for the time being, who shall ex officio be a member of the Board; (c) The Commissioner of Main Roads for the time being, who shall ex officio be a member of the Board; (d) One member chosen from persons experienced in transport matters. Tenure. The Board and the members thereof shall be appointed by the Governor in Council by notification in the Gazette. (2.) Each of the members other than the Commis- sioner of Railways and the Commissioner of Main Roads shall hold office for a period as prescribed by the Governor in Council, but not exceeding ten years, and shall be eligible for reappointment. Chairman of (3.) A member of the Board shall be appointed as the Board. Chairman by the Governor in Council. (4.) A member of the Board other than the Commissioner of Railways and the Commissioner of

1931. TRANSPORT. State l'rangport Oo-ordination Act. 13963 PART III.- STATE TRANSPORT BOARD. Main Roads may be suspended from his office by the Governor in Council, but shall not be removed from his office except as hereinafter provided. Where any such member is so suspended, the Minister shall cause to be laid before the Legislative Assembly a full statement of the grounds of such suspension within seven days thereafter if the Legislative Assembly is in session, or if the Legislative Assembly is not in session, within seven days after the commencement of the next ensuing session of the Legislative Assembly. Any such member so suspended shall be restored to office unless the Legislative Assembly within twenty-one days from the time when such statement has been laid before it declares by resolution that such member ought to be removed from office; and if within the said time the Legislative Assembly so declare, such member shall be removed by the Governor in Council accordingly. Any such member shall be deemed to have vacated his office- (a) If he is or becomes disqualified under this Act from holding his office as member; (b) If he becomes bankrupt or institutes proceed- ings for the liquidation of his affairs by arrangement or composition with or assigns his salary payable to him under this Act for the benefit of his creditors; (c) If he absents himself from four consecutive meetings of the Board except with the permission of the Minister (which permission is hereby authorised to be granted), or becomes incapable of performing his duties; (d) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Board or in any wise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom. (5.) In the event of any vacancy arising at any timeVacanciEll!. in the Board by reason of the death or removal of any member, such vacancy shall be filled by the Governor in Council by the appointment of a person to represent the interest in the :representation of which such vacancy occurs:

13964 TRANSPORT. PART HI.- STATE TRANSPORT BOARD. State Transport Co-ordination Act. 22 GEO. V. No. 48, Provided always that in the event of any such vacancy occurring in respect of the Commissioner of Railways and the Commissioner of Main Roads, the persons performing the duties of such officers respectively shall be ex officio members of the Board during their temporary occupancy of such offices. Allowances. (6.) The Governor in Council may fix the allowances (if any) of members of the Board. cBooraprodratotI.obne. a the" 6. StTathee TBroaanrsdpsohrat llBboeaardc, " orapnodratbioynthbaytthneamnaemsehaolfl have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and shall hold land, goods, chattels, and other properties. Appoint- ment of Secretary. 7. The Governor in Council shall also appoint a Secretary of the Board who may hold in conjunction with such office as Secretary the office presently holden by him as an officer of one of the Departments forming the Department of Transport. Moreover the Secretary may be a member of the Board. Payment of 8. (1.) If the person appointed Secretary to the Ssaelcarreytaorfy. Board was formerly an officer of one of the Departments forming the Department of Transport or continues to hold his office as Secretary in conjunction with the office he holds as an officer of one of the Departments forming the Department of Transport, his salary shall be payable by such Department or Departments included in the Department of Transport as the Board shall in its discretion determine, and if payable by more than one Department, the amount of such salary shall be payable by such Departments in such proportion as the Board shall determine. Payment of (2.) If a person appointed as member of the Board sEaxleacryutoivf e is a person other than the Secretary, and such person Officer. was formerly an officer of one of the Departments form- ing the Department of Transport or continues to hold his office as member in conjunction with the office he holds as an officer of one of the Departments forming the Department of Transport, his salary shall be payable by such Department or Departments included in the Department of Transport as the Board shall in its discretion determine, and if payable by more than one

TRANSPORT. 13965 1931. State Transport Co-ordination Act. PARTIII.- STATE TRANSPORT BOARD. Department, the amount of such salary shall be payable by such Departments in such proportion as the Board shall determine: (3.) Provided that an officer of one of the Depart- Preservation ments forming the Department of Transport who may be of rights. appointed a member of the Board or Secretary (and whether a member of the Board or not) shall retain and continue to hold all such rights and privileges as he would have held and enjoyed if he remained an officer of the Department in which he was employed prior to his appointment uuder this Act. 9. The Secretary shall have power to execute Secretary documents on behalf of the Board and affix the official may affix seal thereto, and shall also have such other powers and seal. perform such other duties as are from time to time designated by the Board. The official seal shall be judicially noticed. 10. The Board may employ such employees as may Employment be necessary for carrying out the provisions of this Act. of other employees. 11. Subject to the provisions of the proviso of Employee to osurbesmecpt 1 iooyneefosuhraollf sheocltdioonffficoeurdoufrm . thgisplAecats, ureeveorny 1 yo, ffaicne d r hplOeladsuofrfei.ce at the Board 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 otherwise vacate their employment. 12. Subject to this Act, the Board shall under the Powers and Mthi I · S nisAtectr· , baencdh·a IS rghederewbiythatuhtehOg· felsneedraal naddmeminpisotwraetrieodn to 0 f oauf tthhoerBitoieasrd• carry out the objects and purposes of this Act. Without limiting the generality of the above pro- visions, the Board shall have power and authority subject to this Act- (a) To consider and formulate schemes relating to any matter or thing in connection with the co-ordination and improvement of trans- port, and the bringing into operation of such schemes; (b) To consider and advise and make recommen- dations on all questions relating to expenditure and finance generally of the Departments for the time being forming the Department of Transport;

13966 PARTIII.- STATE TRANSPORT BOARD. TRANSPORT. State Transport Co-ordination Act. 22 GEO. V. No. 48, (c) To consider and advise on such matters as may be deemed wise and expedient and in the interests of the Departments forming the Department of Transport as to the Board may be deemed desirable from time to time, and to take any necessary action thereon ; (d) To conduct any inquiry or investigation of its own motion or any inquiry or investigation referred to it by the Minister, whether in relation to questions of transport or in respect of any Department forming part of the Department of Transport, or any other matter or thing so referred to it, and to report to the Minister the result of such inquiry. For the purposes of any such inquiry or investiga- tion the Board shall have the powers, authorities, and protection of a commission under *"The Official Inquiries Evidence Acts, 1910 to 1929" ; (e) To refer any matter or thing to an Advisory Committee constituted as hereinafter pro- vided, either of its own volition, or when requested so to do by the Minister. Decisions to 13. The decisions and recommendations of the be final. Board shall, subject to the approval of the Minister, be final and binding on the Department coneerned, and the administrative head of such Department to which the decision or recommendation refers shall cause such decisions and/or recommendation of the Board to be given effect to. Power of 14. In addition to the powers and authorities as tBraomarwdaaysst. o aforesaid of the Board, and notwithstanding anything contained in any Act or law or rule or process of law to the 'contrary, the Board shall have power and authority to inquire into and investigate any proposal by any person, company, corporation, or local body (as defined in t"The Local Bodies'Loans Guarantee Act of 1923'''1and, without limiting the generality of such definition the City of Brisbane constituted under t"The Oity of Bri bane Acts, 1924 to 1930"), to construct any new tramway or to extend any existing tramway, and the decision of the * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474. t 14 Geo. V. No. 8, supra, page 10693. t 15 Geo. V. No. 32 and 21 Geo. V. No. 45, supra, pages 11140 and 13211.

TRANSPORT. 13967 1931. State Trans'port Co-ordination Act. PART HI.- STATE TRANSPORT BOARD. Board shall, subject to the approval of the Minister, be final and binding on the person, company, corporation, or local body concerned: The term" tramway" shall include any tramway or railway on which goods and/or passengers are carried for hire or reward, or goods for sale. The term "tramway" shall not include any privately owned tramway used for the carriage of sugar-cane and other commodities to and from a sugar-mill, or used for the carriage from a sugar-mill of commodities to farmers whose lands are assigned to the sugar-mill concerned. 15. The Board shall, as soon as practicable after Advice and its appointment, furnish to the Minister a report setting ~ g: r~ ~ by out the steps which it considers should be taken to secure the co-ordination of all methods of transport in the State. In conducting any such investigation as aforesaid and in the furnishing of such report the Board may in regard thereto have 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; (b) The needs of the State for economic develop- ment; (c) The impartial and equitable treatment of all conflicting interests. 16. (1.) The Board may delegate to the Com- Delegation. missioner of Main Roads or to the Railway Commissioner or to the Commissioner of Police or to any person or authority any of its powers, duties, functions, or authorities under this Act or the regulations, and the person, corporation, or authority to whom such del«=:gation is made may exercise and discharge the powers, duties, functions, and authorities delegated as fully and effectually as the Board could have exercised and .discharged the same. (2.) A delegation may be made in respect of any particular matter or of any class of matters or generally, or may be limited to any part of the State, and may be made subject to or on such terms and conditions as the Board thinks fit.

13968 TRANSPORT. PART III.- STATE TRANSPORT BOARD. State Transport Co-ordination Act. 22 GEO. V. No. 48, (3.) Every delegation under this section shall be revocable at the will of the Board, but no delegation ehall prevent the exercise of any power, duty, function, or authority by the Board. PARTlV.- ADVISORY C01I1IITTEES. PART IV.--ADVISORY COMMITTEES. Advisory Committee. 17. (1.) For the purpose of assisting the Board in the performance of its duties and in the carrying out of its powers under this Act, there may be constituted in the Southern, Central, and Norlhern Divisions of the State, respectively, an Advisory Committee in such cities as prescribed in the Order in Council constituting the Committees concerned. Number of members. (2.) Such Advisory Committee shall consist of not more than seven members who shall be appointed by the Governor in Council on the recommendation of the Board. R<3presenta- (3.) Save as is hereafter provided, the following tion. branches of transport may be represented on the Advisory Committee as follows :-Railways, roads, tramways, harbours and rivers, air, shipping, motor interests: Provided that if it shall appear to the Governor in Council at any time, and from time to time after the commencement of this Act, that it would be more conducive to the complete and proper working of this Act if some branch of transport or some branches of transport were substituted for that or those at present prescribed in respect of any of the cities above referred to, then the Governor in Council may from time to time by Order in Council make such amendment in such branches of transport so represented in respect of the city concerned as it shall deem fit and proper, and any such Order in Council shall have the force of law and be obeyed by all persons concerned. Meaning of For the purposes of this section the term " branch "branch of of transport" shall also be deemed to include any transport." Department or sub-Department of State (including the sub-Department of the Commissioner of Police) or part of such sub-Department, Local Authority, Water Authority, Water Board, Water Supply Board, Harbour Board, and any body, association, commission, society, whether

1931. TRANSPORT. State Transport Co-ordination Act. 13969 PARTlV.- ADVISORY COMMITTEES. corporate or unincorporate, and any "local body" to which the provisions of *"The Local Bodies' Loans Guarantee Act of 1923" extend and apply. 18. (1.) The Advisory Committee may make recom- I'ow?rs of mendations to the Board on any matter or thing comprised ~ ~~~ 1~ree. within the provisions of this Act: Moreover, the Board may refer to such Committee for inquiry and report any matter or thing comprised within the provisions of this Act which the Board may deem fit and proper, or when so directed to do so by the Minister, and it shall be the duty of the Committee to make such inquiry and report accordingly: Moreover, it shall be competent for such Advisory Committee to make suggestions to the Board with a view to co-ordination of the transport of the State ~ enerally. The Committee shall also have such other powers and duties as may be prescribed by the Board or the regulations. (2.) The members of the Committee shall be Tenure of appointed for a term not exceeding three years. office. (3.) If any member of the Committee- • Vacation of office by non· (a) Is absent without leave of the Committee atten~ ance from four consecut l·ve meetl' ngs 0 f the toironre. slgna· Committee; or (b) By writing under his hand addressed to the Minister resigns his office as member; his seat on the Committee shall thereupon become vacant. (4.) Subject to this Act, the Governor in Council Vacancies- on the recommendatl·On 0 f t h e Boar mday app'omt how filled. a qualified person to fill any vacancy in the Committee however arising, and such person shall be entitled to hold office as a member of the Committee for the unexpired portion of the term of office of the member whose office he is appointed to fill. (5.) Any member of the Committee who is not in .;\ttendance receipt of any salary or remuneration from the Crown or ~ : ~ ~ : ~ r any other Government Department shall be entitled to members. receive an attendance fee as prescribed for each meeting of the Committee attended by him at which a quorum * 14 Geo. V. No. 8, 8upra, page 10693.

13970 PARTlV.- ADVISORY COMMITTEES. TRANSPORT. State Transport Co-ordination Act. 22 GEO. V. No. 48, is present, but no such member shall be entitled to receive more than one attendance fee in respect of any one day. Fees. (6.) The fees payable to members of the Committee and other costs and expenses of the Committee shall be paid out of the State Transport (Co-ordination) Fund. of Meetings and 19. Regulations may be made by the Governor in ~ r~ ~ : ture Council on the recommendation of the Board prescribing and/ o~ the holding and conduct of meetings of the Board and/or CommIttee. Committee, the procedure of meetings, the voting, the quorum, the keeping of minutes, and such other matters and things as may be prescribed. PART v.- LICENSIKG OF VEHICLES. PART V.-LICENSING OF VEHICLES. Controlled 20. Subject to this Act, the provisions of this Part route. of this Act shall apply and extend to- (a) All or any road or roads or part or parts of any road or roads within such district or districts as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette; and (b) Any specific road or roads or part or parts of any specific road or roads from any city, town, or place to any other city, town, or place as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette. Any such road or roads or part or parts of any such road or roads as specified in paragraphs (a) and/or (b) aforesaid shall be referred to as a "controlled route" or "controlled routes" : Provided that in the same or in any subsequent Order in Council the Governor in Council may exempt any road or roads or any part of any road or roads in any district referred to in paragraph (a) from the operations of this Part: Provided further, that in the same or in any subsequent Order in Council, the Governor in Council may exempt any specified part of any road or roads referred to in paragraph (b) from the operations of this Part.

TRANSPORT. 13971 PARTV.- 1931. State TranS'port Co-ordination Act. LICENSING OF VEHICLES. ------------------------------------------------ 21. Subject to this Act, and notwithstanding any Further A?t or law.to t~e contrary, the Board shall be entrusted ~~ ::~ ~ of WIth the hcensmg of any vehicle for the transport of· passengers or freight for remuneration or reward, or the transport of· goods for sale on any controlled route. 22. Moreover, the Governor in Council may from Extension to time to time, by Order in Council, apply and extend the waterways. provisions of this Act and the jurisdiction and powers and authorities of the Board to embrace and include the licensing of vessels, including steam vessels, motor vessels, or any other craft plying for hire or reward in respect of such waterways, rivers, or canals within the jurisdiction as may be prescribed in the Order in Council, and also for the proper management, control, and regulation of such vessels or craft, and if necessary any wharves or other landing or loading places, and the provisions of this Act shall, mutatis mutandis, apply and extend accordingly: Provided that the Governor in Council shall have authority by Order in Council from time to time to prescribe the route to be travelled by such vessels concerned, which route shall be a "controlled route" for the purposes of this Act: Provided further, that this section shall not apply to vessels plying on the coast of Queensland between any ports in Queensland or between any port in Queensland and any port outside Queensland; neither shall this section apply to craft employed in the Cairns and Townsville outport trades nor to lighters employed at the Port of Mackay. 23. (1.) Any person who after a date appointed by Public motor the Governor in Council, and notified by proclamation vehi~leb published in the Gazette, operates a public motor vehicle ~ ~ !ra~e; shall, unless such vehicle. is licensed under th~ s Act by ~ : ~ : ~ e the Board and unless he IS the holder of such license, be licensed. guilty of an offence against this Act: Provided that this subsection shall not apply to a public motor vehicle that is being operated under and in accordance with an exemption from the requirement of being licensed under section twenty-nine, or a permit granted under section thirty-one of this Act. (2.) Any person who operates or uses or causes or permits to be operated or used a motor vehicle for the carriage or delivery of his goods (other than goods that

13972 PARTV.- LICENSING OF VEHICLES. TRA:NSPORT. State Tmnsport Co-ordination .fIet. 22 GEO. V. No. 4f1, are not intended for sale whether immediately or ultimately) or of goods sold by him shall be deemed to be thereby operating a public motor vehicle within the meaning of this Act, and such vehicle shall be deemed to be a public motor vehi!'le. (3.) In any prosecution the onus of establishing the exception that the goods are not intended for sale shaH be on the defendant. Passengers 24. Any person who after the date appointed under t oor bgeosoedsntnboyt section twenty-three of this Act sends or causes to be sent unlicensed or conveyed, or agrees or offers to send or convey any vehicle. passengers or any goods by any public motor vehicle which is not licensed under this Act by the Board, shall be guilty of an offence against this Act. In any prosecution for an offence under this section it shall be a sufficient defence if the person charged proves that he had reasonable grounds for believing, and did in fact believe, that the motor vehicle in respect of which the prosecution is taken was at the time of the alleged offence licensed under this Act. Licenses. 25. (1.) Subject to this Act, every person desiring to operate a public motor vehicle of which he is the owner shall, in addition to any license or registration which by law he is required to hold or effect, apply to the Board for a license for such vehicle under this Act. (2.) The grant or refusal of any license under this section shall be in the absolute discretion of the Board: Provided that the Board shall have first considered the economic aspect and the interests f)f the State as a whole in the grant or refusal of 1'mch license. (3.) An application for a license shall be made in the prescribed form and manner, and shall contain such particulars as may be prescribed, and shall also be accompanied by the prescribed fee. Effect of license. 26. (1.) A license for a public motor vehicle other than an aircraft may authorise the vehicle for which it is granted to operate only upon the routes or roads specified in the license or only within any area or district therein specified or referred to, or may authorise the vehicle for which it is granted to operate on any route or road or within any area or district other than the route, road, area, or district, if any, specified or referred to in the license.

1931. TRANSPORT. State l'rans'port Co-ordination Act. 13973 PARTV.- LICENSING OF VEHICLES. (2.) A license for an aircraft may authorise the vehicle for which it is granted to operate on or in a route or district therein specified or referred to, or on or in any route or district other than the route or district, if any, specified or referred to in the license. (3.) Any authority as mentioned in subsection one or subsection two of this section contained in or attached to a license shall be a condition of the license, and any person who commits a breach of such condition shall be guilty of an offence against this Act. 27. Licenses shall be issued for such period as the I?uration of Board may determine. In the event of the owner of lIcense. such public motor vehicle failing to obtain or renew any registration, certificate, or license which by law he is required to hold or effect, the Board may take such action as thought fit to terminate the license issued In terms of this Act. 28. Every license under this Act shall be subject Cert~i~ to the performance and observance by the licensee of the ~ ~ ~ t~ ~ ~ : ~ . Of provisions of this Act and the regulations that may relate to the license or to the public motor vehicle in respect of which it is issued and of the provisions contained in or attaching to the license, and all such provisions shall be conditions of the license. The regulations may prescribe or the Board may determine in respect of any particular license, or of any class of licenses relating to any area, route, road, or district 01' of any other class of licenses whatsoever or generally, what terms and conditions shall be applicable to or with respect of a license. 29. (1.) The Board may grant exemption from the Exemptions requirements to be licensed under this Act in respect of ~ ~ ~ ation to any public motor vehicle or class of public motor vehicles be licensed. in such cases and under such conditions as they think fit. (2.) The Board may from time to time vary or revoke any such exemption. (3.) Any person who commits a breach of any condition imposed under this section shall be guilty of an offence against this Act. (4.) The Board shall grant exemption from the Further "- requirements to be licensed under this Act in respect of powers.

13974 PARTV.- LICENSING OF VEHICLES. 'l'RAXSPORT. State Transport Co-ordination, Act. 22 GEO. V. No. 48, any public motor vehicle used for the conveyance of goods on any journeys, none of which shall exceed ten miles from a prescribed fixed point of commencement: Provided that in the estimation of such distance of ten miles, any portion of such ten miles included in any district to which this Part does not apply shall nevertheless be reckoned in the calculation of such ten miles. (5.) The . Board shall license any public motor vehicle used solely for the conveyance of passengers within the area of the City of Brisbane, the boundaries whereof are set forth in the First Schedule to *"The City of Brisbane Acts, 1924 to 1930," or within any traffic district declared to be a "Traffic District" under t"The Traffic Acts, 1905 to 1928," in any case where such public motor vehicle is licensed prior to the first day of November, one thousand nine hundred and thirty-one, under any authority in such area or traffic district and which license is in force at the commencement of this Act, upon application made in the prescribed form and on the terms, provisions, conditions, and stipulations existing on the first day of November, one thousand nine hundred and thirty-one, under the laws in force extending to such public motor vehicles. Any such license may be varied upon mutual agreement between the owner and the Board. f c P a ~ ol l m n u a pr l el t y y towfoirth ..'. A -l.C t 3 ' In 0. re I s f ptehcet h 0 o f ldaerpoufbaI l ' n C y mliocetonrse vgerha l ' n C l teedn I uegnde t ecr sthoisr Act, &c. fails to comply with or observe any of the provisions of this Act or of the regulations or any of the terms, conditions, or authorities of or attaching to the license, he shall be liable to a penalty not exceeding fifty pounds: Provided that the license of any person found guilty of any third offence under this section may in the discretion of the court be cancelled. Permits to 31. (1.) The Board may, on payment of the pre- fuosre cvaerhriicalgee scribed fees, issue permits, for such period as it thinks of fit and subject to any conditions that may be prescribed passengers. or imposed by the Board, permitting the carrying on a motor vehicle of persons in or over specified districts or routes. * 15 Geo. V. No. 32 and 21 Geo. V. No. 45, supra, pages 11140 and 13211. t 5 Edw. VII. No. 18 and amending Acts, supra, pages 3487 et seq. (See Alphabetical Table.)

1931. TRANSPORT. State Transport Co-ordination Act. 13975 PARTV.- LICENSING OF VEHICLES. (2.) Any such permit may be revoked or varied at any time by the Board. (3.) Any person who commits a breach of any of the conditions of a permit shall be guilty of an offence against this Act. PART VI.- STATE TRANSPORT PART VI.-STATE TRANSPORT (CO-ORDINATION) FUND • T (C IO O N -O ) R F D U I N N D A- . 32. All moneys recovered by the Board by way Payments of penalties, and all fees payable in respect of licenses into State and permits under this Act shall be paid into the t~ ~:! d:n~. State Transport (Co-ordination) Fund established by this tion) Fund. Act. 33. (1.) There shall be established at the Treasury State a F uFnu d n.d " to be called the" State Transport (Co-ordination) t( TiCoroan-n) osFrpduoinnrtad. . (2.) There shall be placed to the credit of the said Fund any moneys appropriated by Parliament for the purposes of this Act and' the moneys collected under this Act or as directed by this Act to be paid into such Fund: Provided that where provision is made under any existing law coming within the ambit of the provisions of this Act for the collection of moneys and the payment of the same into any Fund already constituted under any such existing law, such sums may continue to be collected in the same manner and paid into the same Fund as before the commencement of this Act. (3.) All moneys in the Fund shall be vested in and expended by the Board in accordance with this Act. (4.) The Board shall cause proper books and accounts to be kept, and such books, accounts, and the Fund shall be audited from time to time by the officers of the Auditor-General. (5.) Out of the said Fund there shall be paid- (a) The costs and expenses of the administration of this Act; (b) The salaries and wages of officers and employees of the Board: Provided that unless the Minister on the recom- mendation of the Board otherwise determines, the salaries and wages of any officers or employees, hitherto

13976 TRANSPORT. PART VI.- STATE TRANSPORT State Transport Co-ordination Act. 22 GEO. V. No. 48, (CO-ORDINA- TION) FUND. paid by the Departments which now pursuant to this Act form the Department of Transport, shall be and continue to be paid by the Departments concerned. (6.) For the purposes of the co-ordination of the facilities for transportation of passengers or goods the Board, with the approval of the Governor in Council by Order in Council, may make from time to time any payments out of the said Fund as subsidies in respect of any public motor vehicles used for providing feeder services to railways or tramways. (7.) The Board, with the approval of the Governor in Council, may make from time to time any payments out of the said Fund to the Government Railways Fund established under the Government Railways Act, or Main Roads Fund, or to the general fund of any transport trust, or to any Local Authority, and moneys so paid shall form part of the fund into which they are paid. (8.) Subject to this Act, the moneys in the State Transport (Co-ordination) Fund may be applied to the purposes for which they are appropriated by Parliament. PART VII.- MISOEL- LANEOUS. PART VII.-MISCELLANEO us. Unlicensed 34. (1.) No person shall drive or operate or cause vehicle. or permit to be driven or operated as a public motor vehicle any motor vehicle- (a) In or upon any public street or place in or upon which the license in respect thereof does not authorise it to be so operated or driven; or (b) 'Vith a trailer attached thereto unless the motor vehicle is licensed as a public motor vehicle, and unless such trailer is licensed as a public motor vehicle and is used in conformity with the license; or (c) On any occasion on which the same is not authorised by the license issued in respect thereof to be so operated or driven; except in pursuance of a permit under this Act for that purpose or under an exemption granted or declared under this Act. (2.) Any person contravening the provisions of this section shall be guilty of an offence against this Act.

1931. TRANSPOR'r. State Transport Co-ordination Act. 13977 PART VII.- MISCEL- LANEOUS. 35. Every person who obstructs any member of the Obstructing. Board or a member of an Advisorv Committee or officer or any other person or any authority in the execution of any power, duty, or function conferred or imposed on him or them by or under this Act, shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds. 36. (1.) Any person guilty of an offence against this ~ neral Act shall for every such offence for which a penalty is penalty. not provided by or under this Act be liable to a penalty not exceeding one hundred pounds, and if the offence is a continuing offence such person shall be liable to an additional penalty not exceeding five pounds for every day on which the offence continues. (2.) Every person who acts in contravention of any of the provisions of this Act shall for every such contra- vention be guilty of an offence against this Act. 37. If any person operates any public motor vehicle Payments in I.n cont ravent- · IOn 0 f th I ' S A C t the Boar dmay' Impose upon rveeshpieccletsonfot him an obligation to pay to them on demand such sums licensed. as the Board determines, but such sums shall not exceed the sums that could have been made payable to the Board had the person operating the vehicle been the holder of a license to operate it, and such sums may be recovered by the Board in any court of competent jurisdiction. This section shall not relieve such person or any other person from the penaJties for the offence. 38. In any proceedings for an offence against this Prima facie Act or the regulations, or in any proceedings by or on evidence. behalf of the Board or by an authorised officer for recovery of any money payable to the Board, the allegation in the information, complaint, or claim to the effect that- (a) A vehicle is a motor vehicle or a public motor vehicle within the meaning of this Act; (b) A vehicle is not licensed under this Act for operation as a public motor vehicle; (c) Any person is not the holder of such a license in respect of any public motor vehicle; (d) A vehicle is not the subject of an exemption under section twenty-nine or a permit under section thirty-one; 01

13978 PART VII.- MISOEL- LANEOUS, TRA:;-.;rSPORT. -----,------ State Transport Co-onlination Act. 22 GEO. V. NO'. 48, (e) Any person is the O\\'11er of a motor vehicle or a public motor vehicle; (f) Any place is a public street within the meaning of this Act; (g) Any road or roads or part of any road or roads is or are a controlled route or controlled routes; shall be deemed proved in the absence of proof to the contrary. Proof a8 to 39. In any proceedings for contravention of any of oparsgsoeondgsers t , ' ne prOVI . sI . Ons 0 f th' ISA' C t or 0 f th ~ e regu I at'IOns, 1 'f 1 't I.S being. carried shown that any persons or goods were carried on any for hIre. motor vehicle, those persons shall be deemed to have been passengers carried for hire or goods carried for hire unless the defendant satisfies the court to the contrary. Recovery of 40. Any penalty incurred for breach of or non- penalties. eompliance with any of the provisions of this Act and any fees imposed by or pursuant to this Act may be recovered in a summary manner by complaint under *"The Justices Acts, 1886 to 1929." Protection of Board. 41. No proceedings shall be instituted or heard in any court in respect of the grant, refusal, or revocation of any license or permit or the grant or refusal of the transfer of any license or permit under this Act: Provided that an appeal shall lie by way of memorial to the Governor in Council. Licensed vehicles subject to other laws. 42. The provisions of this Act are in addition to and shaH not derogate from the provisions of any other Act relating to the licensing, control, or taxation of vehicles or persons operating vehicles: Provided that notwithstanding any law to the contrary, upon the licensing of a vehicle with the Board under this Act, the owner thereof shall be under no liability to license the same with or to pay any fees in respect of the same to any Local Authority under any provisions of the Local Authorities Acts or to the Brisbane City Council constituted under t"The Oity of Brisbane Acts, 1924 to 1930," or any by-law made thereunder, or to require the owner to obtain any ~ , - - - -- - * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et 8eq. (See Alphabetical Table of Acts.) t 15 Geo. V. No. 32 and 21 Geo. V. No. 45, supra, pages 11140 and 13211.

1931. TRANSPOR'f. State Transport Co-ordination Act. 13979 PART VII.- MISCEL- LANEOUS. further license under *"The Traffic Act8, 1905 to 1928," or any Act amending the same; but he shall not be exempt from any liability to comply with any of the provisions of *-'The Traffic Act8, 1905 to 1928," or any Act amending the same in force within a traffic district, or any by-laws or regulations made thereunder, in relation to safety and the proper management and control by such owner of the vehicle concerned, or any of the provisions of t"The Main Road8Act8, 1920to1929," or any regulations made thereunder, or any of the provisions of t"The Heavy Vehicle8Act8, 1925to1929," or any regulations made thereunder : Provided that the regulations under this Act may prescribe the payment by the owner of such license fee whether in respect of registration, transfer, or renewal ,,,ill of the vehicle concerned as be doemed to embrace a comprehensive license fee, including the fee under this Act, the Main Roads Acts, and the Heavy Vehicles Acts. 43. All penalties and fees recovered by the Board Penalties under this Act shall be paid to the Board and become ~ ~ ~ ! ~ ~ St~ O part of the State Transport (Co-ordination) Fund. Board. 44. In any proceedings by or on behalf of the Boat'd Evidence. under this Act- (1) It shall not be necessary to prove the appoint- ment of the members, Chairman, Secretary, or any other officer of the Board or the power of the Secretary or other officer of the Board to take any proceedings; (2) Any notification, notice, requisition, direction, or demand, order, or other document in writing purporting to be signed or made or sent by the Board or the Chairman or Secretary thereof, shall be judicially noticed; (3) The production of a copy of the Gazette purporting to contain any notification, direction, or order made by the Board shall be conclusive evidence of the matters con~ tained therein, and that all steps necessary * 5 Edw. VII. No. 18 and amending Acts, supra, pages 3487 et seg. (See Alphabetical Table.) t 10 Geo. V. No. 26 and amending Acts, supra, page 9265 et seg. (See Alphabetical Table of Acts.) t 16 Geo. V. No. 22 and 20 Geo. V. No. 13, supra, pages 11499 and 12792.

13980 TRANSPORT. VII.- PART ~ - - --- -- - -- - -- - - - - - - - - - ­ MISCEL· LANEOUS. State Transport Co-(}rdination Act. 22 GEO. V. No. 48, to be taken prior to the making of such notification, direction, or order have been duly taken; (4) A writing certified by the Secretary of the Board to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration,statement, document, or writing of any nature whatsoever in the custody of the Board or of any officer of the Board shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. Information. 45. (1.) Any information, complaint, or other legal proceeding under this Act may be taken in the name of the Board by the Secretary or by any other officer authorised by the Board in that behalf either generally or in any particular case. (2.) In any proceedings the production of a notifica- tion in writing under the hand of the Chairman or Secretary of the Board to the ~ffect that any person has been so authorised shall be conclusive evidence of authority and evidence that this authority to act remains in force. Proceedings 46. No proceedings of the Board or of any person validated. acting as Chairman or member shall be invalidated by reason of any defect in his appointment or nomination or of any disqualification of any such person or by reason of there being any vacancy in the number of members at the time of such proceedings. Construction 47. This Act shall be read and construed subject Cinormemlaotino- n to to the Commonwealth o 'J f Australia Constitution Act , 'and wealtJ; . so as not to exceed the legislative power of the State, to ConstltutlOn. the intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. Regulations 48. (1.) The Governor in Council, on the recom- mendation of the Board, may from time to time make such regulations providing for all or any purposes, whether general or to meet particular cases, as may be necessary or expedient to carry out the objects and

TRANSPORT. 13981 - - - - - - - - - - - - - - - - - - - - - - - - PART VII.- 1931. State Transport Co-ordination Act. MISCEL· LANEOUS. purposes of this Act. Without limiting the generality of the foregoing provision, such regulations may provide for all or any of the following matters :- (a) Prescribing all matters which by this Act are required or permitted to be prescribed for carrying out or giving effect to this Act; (b) Regulating the business and proceedings of the Board, the meetings thereof, quorum, duties of Secretary, and the keeping of proper minutes of meetings of the Board; (c) Prescribing the methods of giving or serving notices, orders, demands, or requirements by the Board or any member, or Secretary, or any authorised officer thereof; (d) Prescribing any matters relating to any premises, persons, or matter in any case whereby the Board or any authorised officer is empowered or required to regul:;tte, appoint, inspect, examine, register, prohibit, devise, require, or specify; (e) Requiring the owners of vehicles used, kept, or let for hire, or for the use of which any payment, recompense, or remuneration is made, given, or received, to obtain from the Board a license in respect of every such vehicle; (f) 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; (g) Requiring persons carrying on the business of contractors, carriers, carters, fuel carters, or water-drawers by means of any vehicles, whether plying for hire or not, to obtain licenses from the Board in respect of every such vehicle : Provided that this paragraph (g) shall not apply to Local Authorities carrying on such business ; (h) The marking of licensed vehicles with names and distinguishing numbers;

13982 TRANSPORT. PART VII.- - - " " " - - - - - - - - - - - - - - MISCEL- LANEOUS. State Transport Co-ordinMion Act. 22 GEO. V. No. 48, (i) The amount of luggage and weight of goods that may be carried in or on any licensed vehicles by or with a passenger without extra charge; (j) The registration and identification by pre- scribed form of vehicles other than public vehicles used by wholesale merchants or warehousemen for the conveyance of goods in the pursuit of their business; (k) Regulating what routes shall be followed by vehicles used, kept, or let for hire, or for the use of which any payment, recompense, or remuneration is made, given, or received, or by any prescribed description of vehicles; prescribing, in the case of licensed omnibuses plying from one locality to another, the route of such omnibuses and the time to be taken by the drivers thereof for performing the whole or any portion of their journey; requiring such omnibuses to be plied in accordance with time-tables approved by the Board; providing for the pUblication of such time-tables; (l) Prohibiting drivers, motormen, or conductors of licensed vehicles in any public place from misconducting themselves; prohibiting any person from touting or calling out or other- wise importuning to hire or use any licensed vehicle; I m) Regulating and enforcing the inspection of licensed vehicles, and the inspection of the horses, harness, and equipment thereof; enforcing the cleanliness of licensed passenger vehicles and of the drivers and conductors thereof; (n) Regulating the mode of application for licenses, permits, and registrations; the manner in which licenses, permits, and regis- trations shall be granted or transferred; the duration and renewal of licenses, permits, and registrations; and the continuation of licenses pending renewals ; (0) Prescribing fees for licenses, permits, and registrations, and for the renewal thereof;

1931. TRANSPORT. State Transport Co-ordination Act. 13983 PART VII.- MISCEL- LANEOUS. (p) Regulating the use of vehicles as to whether passengers only, or goods only, or goods of a specified class or description shall be thereby conveyed, and as to the circumstances in which such conveyance mayor may not be made; (q) Providing generally for facilitating the identification of motor vehicles and in par- ticular 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 and to be .rendered easily distinguishable, whether by night or day; providing that motor vehicles plying for hire shall bear some easily distinguishable mark for the convenience of intending passengers; (r) Regulating the registration and renewal of motor vehicles and the places in which and the officers by whom they shall be registered and so renewed, and the entry of particulars, including particulars of ownership and change of ownership in the register, and the giving of those particulars, and providing for making any particulars contained in the register available for use by officers, and for making the registration of a motor vehicle void if the regulations as to registration are not complied with: (8) Providing for exemptions in respect of licenses and terms, provisions, and conditions in regard thereto, and providing that exemp- tions may be in respect of distance and/or particular freights; (t) Requiring any applicant for a license to give reasonable security for the due compliance with the terms and conditions of any license or permit, and the terms and conditions of such security: (u) Regulating the grant of licenses, and in particular with respect to the register to be kept and the renewal of licenses, and for making any particulars with respect to any persons whose licenses are suspended or endorsed available for use by officers, and

13984 PART VII.- MrSCEL' LANEOl'S. TRANSPORT. State Transport Co-ordination Act. 22 GEO. V. No. 48, 1931. for preventing a person holding more than one license; providing for the issue of a new license in place of any license lost)" destroyed, or defaced ; (v) Prescribing the fees to be paid for any registra- tion, license, renewal, inspection, entry of change of ownership, or other matter under this Act; (w) Regulating and controlling advertisements; (x) Prescribing forms of returns to be made to the Board and the contents thereof, and the persons by whom the same shaH be made and the time and mode of. making and furnishing the same; (y) The making of regulations in respect of the several matters or things in respect of which the Board has jurisdiction. (2.) Regulations may be made on the passing of this Act. (3.) The regulations may fix a penalty not exceeding in any case twenty pounds for any breach thereof. Proclama- 49. All proclamations, Orders in Council, and regula- !ion~, Or?ors tions made or purporting to have been made under this ~ ~ ~ ouncil, Act shall be published in the Gazette, and thereupon shall regulations. be of the same effect as if they were enacted in 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 regula- tions shall be laid before the Legislative Assembly within 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,

TRANSPORT-TRUSTEES. 22 GEO. V. No. 31,1931. Trustees Protection Act. 13985 PART VII.- MISCEL- LANEOUS. 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. TROCHUS SHELL. See FISHERIES. TRUSTEES. An Act to Provide Protection to Certain Persons in 22 N G o. EO 31 . . V. respect of Relief granted or to be granted to THE Local Bodies by way of the Reduction of p~~~!~~~~N Interest on certain Debentures, Bonds, and ACT OF 1931. Inscribed Stock issued by such Local Bodies. [ASSENTED TO 16TH DEOEMBER, 1931.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Let!,is- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Trustees Short title. Protection Act of 1931." 2. In this Act, unless the contrary intention Interpre appears- tation. "Local body" shall have the same meaning as is Local body. assigned to it by section two of *" The Local Bodies' Loans Guarantee Act of 1923": the term includes Brisbane City Council; "Company" includes every body corporate how- Company. soever incorporated and whether under the * 14 Geo. V. No. 8, supra, page 10693.