State Transport Facilities Act Amendment Act of 1947 (12 Geo Vi No. 6) (Qld)

TRANSPORT. 12 GEO. VI. No. 6, 1947. State Transport Facilities, Etc., Act. TITLES TO LAND HELD BY FOREIGN GOVERNMENTS. See REAL PROPERTY. TOWN PLANNING. See LOCAL AUTHORITIES. TRADE COUPONS. See MERCANTILE LAW. 307 TRANSPORT. An Act to Amend "The State Transport Facilities 12 GEO. VI. Act of 1946" in certain particulars. No. 6. STATE TRANSPORT I~ACILITIES [ASSENTED TO 15TH DECEMBER, 1947.] ACT AMENDMENT ACT OF 1941. B E it enacte~ by the K. i~ g' s Most Excellent Majes~ y, . by and WIth the adV1ce and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The State Transport Short title Facilities Act Amendment Act 0/ 1947," and shall be and . read as one with *"The State Transport Facilities Act o/constructlon. 1946," herein referred to as the Principal Act. The Principal Act and this Act may be collectively ~ ollective cited as" The State Transport Facilitie8 Acts, 1946 to 1947." title. 2. Section three of the Principal Act is repealed and Repeal of the following section isinserted in lieu thereof, namely :_ and new s.3. "[3.] (1.) This Act and every Proclamation, Order Construction in Council, regulation, license, approval, authority, of Act. permit, direction, determination, prohibition or other act of executive or administrative authority made, issued, granted, given or done under or pursuant to this Act by the Governor in Council, the Minister, the Com- missioner, any delegate of the Commissioner, or any other person or authority shall be read and construed, and it is hereby declared always was to be read and construed, so as not to exceed the legislative power of the State to the intent that where any enactment contained in this Act, or provision contained in any such Proclamation, Order in Council or regulation, or any, or any term, provision, condition or limitation of any, such license, approval, * 11 G. 6 No. 17.

308 TRANSPORT. State Transport Facilities, Etc., Act. 12 GEO. VI. No. 6, authority or permit, or any such direction, determination, prohibition or other act of executive or administrative authority would but for this section have been construed as being in excess of that power it shall nevertheless be, and it is hereby declared always nevertheless was, a valid enactment, provision, license, approval, authority, permit, direction, determination, prohibition or, as the case may be, act of executive or administrative authority to the extent to which it is or was not in excess of that· power. (2.) It is hereby declared to be and to have 'always been the intention of the Legislative Assembly-- . (i.) That if any enactment of this Act is incon- sistent with the Commonwealth of Australia Constitution Act, or if anv executive or administrative act done (whether before, on or after the passing of *"The State Transport Facilities Act Amendment Act of 1947") under or pursuant to this Act is in part so inconsistent, that enactment and all the other enactments in this Act, or, as the case may be, that part and all the other parts of the executive or administrative act in question shall nevertheless operate, and it is hereby declared shall be deemed to have always operated, to the full extent to whlCh they can operate consistently with the Commonwealth of Australia Constitution Act; and (ii.) That the provisions of paragraph (i.) of this subsection shall be in addition to, and not in substitution for, the provisions of subsection one of this section." Amendment 3. Subsection one of section twenty-three of the ors.23 Principal Act is repealed and the following subsection is inserted in lieu thereof, namely :- " (1.) A person shall not use, or permit or allow to be used, on any road at any time- (a) (i.) Any motor omnibus; or (ii.) Any service omnibus; or (iii.) Any taxi-cab or private hire car for the carriage of passengers or goods or both passengers and goods; or (b) Any motor truck for the carriage of passengers; or * This Act.

1947. TRANSPORT. State Tran8port Facilities, Etc., Act. 309 (c) Any vehicle- (i.) For the carriage of passengers (a) For hire or reward; or (b) While such vehicle is being used in or for any purpose of allY profession, trade, or businp.AR; or (ii.) For the carriage of goods-- (a) For hire or reward; or (b) Which are intended for sale; or (c) While such vehicle is being used in or for any purpose of any profession, trade, or business; or (iii.) For the carriage of both passengers as aforesaid and goods as aforesaid, unless at that time such passengers, .or goods, or passengers and goods, as the case may be, are being carried upon such vehicle under and in accordance with a provision of this Part of this Act." 4. In subparagraph (ii.) of paragraph (2) of section Am.en.dm.ent twenty-four of the Principal Act the words "In the of s. 24. course of the use of such vehicle" are repealed and the words "While such vehicle is being used" are inserted in lieu of such repealed words. 5. In paragraph (ii.) of section twenty-seven of the Amendment Principal Act the words" that a certificate of registration of s. 27. of such vehicle under *"The Main Roads Acts, 1920 to 1943," and the regulations thereunder is in force" are repealed and the words" that such vehicle is appropriately registered in accordance with the provisions of *"The Main Roads Acts, 1920 to 1943," and the regulations thereunder " are inserted in lieu of such repealed words. 6. The last paragraph of section fifty-three of the Amendment Principal Act is repealed and the following paragraph ofs. 53. is inserted in lieu thereof, namely :- "Any approval of an aircraft under this section shall not be or be deemed to be an exemption as respects such aircraft or any person whomsoever from compliance with the regulations as defined in t"The Air Navigation Acts, 1937 to 1947," applicable by virtue of that Act to and in relation to air navigation in Queensland." * 10 G. 5 No. 26 and amending Acts. t 1 G. 6 No. 8 and amending Act.

310 TRANSPORT-TRUSTEES AND EXECUTORS. Public Cu,rator Acts Amendment Act. 11 GEO. VI. No. 25, Amendment 7. In subsection two of· section fifty-six of the of s. 56 (2). Principal Act the words" that a certificate of registration of the vehicle under *"The Main Roads Acts, 1920 to 1943," and the regulations thereunder is in force" are repealed and the words" that the vehicle is appropriately registered in accordance with the provisions of *"The Main Roads Acts, 1920 to 1943," and the regulations thereunder" are inserted in lieu of such repealed words. TRUSTEES AND EXECUTORS. 11 N G O E . O 2 . 5 V . I. An Act to Amend" The Public Curator Acts, 1915 PUBLIC CURATOR to 1945," in certain particulars. AscTS AMENDMENT ACT OF 1947. [ASSENTED TO 3RD OCTOBER, 1947.] B E it enacted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title l. This Act may be cited as " The Public Ourator and . Acts Amendment Act of 1947," and shall be read as one constructIOn. with t" The Public Ourator Acts, 1915 to 1945," herein referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Public Ourator Acts, 1915 to 1947." Amendments of the Principal Act. Amendment 2. The second paragraph of subsection one of of s. 9 (1). section nine of the Principal Act is repealed and the following paragraph is inserted in lieu thereof, namely:- " The public curator shall be capable in law of suing and being sued, and of taking, purchasing, holding, alienating, conveying and otherwise dealing with real and personal, moveable and immoveable property within and outside the State of Queensland, and of doing and suffering all such other acts and things as bodies cor- porate may by law do and suffer." * 10 G. 5 No. 26 and amending Acts. t 6 G. 5 No. 14 and amending Acts.