State Transport Facilities Act of 1946 (11 Geo Vi No. 17) (Qld)

TRANSPORT. 11 GEO. VI. No. 17, 1946. State T1'ansport Facilities Act. 315 TRANSPORT. An Act to Provide for the Improvement and Exten- 11 N G o E . O 1 . 7 V . I. THE sion of Transport Facilities within the State, STATE TRANSPORT and for other purposes. FAOILITIES AOT OF 1946. [ASSENTED TO 24TH DEOEMBER, ] 946. ] 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 :- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. (1.) This Act may be cited as " The State Trans- Short title. port Facilities Act of 1946." *(2.) Except as herein otherwise provided this Act Com:,nerr-t shall come into operation on a date to be fixed by the men 0 c. Governor in Council by Proclamation published in the Gazette. 2. Notwithstanding anything in this Act or in any Preservation other Act contained, the Minister of the Crown holding ~f Minister office on the passing of this Act as Minister for Transport ;:ansport. shall be the Minister 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. 3. This Act shall be read and construed so as not Construction to exceed the legislative power of the State to the intent of Act. that where any enactment hereof 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. 4. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; Parts of Act, PART lI.-COMMISSIONER FOR TRANSPORT; PART lII.-CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH P ASSENGERS AND GOODS UPON VEffiOLES; * Commenced on 8th April, 1947 (Proclamation published in Gazette, 29th March, 1947, page 977).

316 PART I.- PRELIMINARY. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, PART lV.-LICENSING OF SERVICES FOR THE CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH PASSENGERS AND GOODS; PART V.-CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH PASSENGERS AND GOODS BY WATER OR BY AIR: Division I.-Water Transport; Division Il.-Air Transport; Division lll.-When Transport by Air or Water unlawful; PART VI.-PERMIT TO USE VEHICLE FOR LIMITED PERIOD; PART VH.-SAFETY PROVISIONS; PART VHI.-ADMINISTRATION. Repeals and 5. (l.) The following provisions of *" The State savings. Transport Acts, 1938 to 1943," that is to say- (i.) Sections four to twelve, both inclusive, fourteen to eighteen, both inclusive, twenty, twenty-one, twenty-five, and twenty-seven; and (ii.) Schedule I. and Parts I., H., HI., and V. of Schedule H.; and (iii.) Clauses one to twelve, both inclusive, fifteen to eighteen, both inclusive, thirty-one, thirty- five to thirty-nine, both inclusive, and forty- one of Schedule HI., are hereby repealed. (2.) Section thirteen of *" The State Transport Acts, 1938 to 1943," is amended by repealing the words " The Commission " and by inserting the word " he " in lieu of such repealed words. (3.) Providing that, but without limiting the opera- tion of t" The Acts Shortening Acts "- (i.) Sections six, seven, eight, fifteen, sixteen, seventeen, and twenty of *" The State Tran8- port Acts, 1938 to 1943," and such of the regulations under such Acts in force immediately prior to the date upon which this Act comes into operation as relate to * 2 G. 6 No. 15 and amending Act. t 31 V. No. 6 and amending Act~ .

1946. TRANSPOR'r. State Transport Facilities Act. 317 PART L- PReLIMINARY licenses issued or to vehicles licensed under such Acts (which sections and regulations are hereinafter in this section referred to as the "said licensing provisions") shall, notwithstanding the repeal of any of the said licensing provisions, continue and be deemed to continue in force with respect to both a license issued thereunder which is in force when this Act comes into operation and to any vehicle to which such license relates until such license or the extended currency, if any, of such license granted by the Commissioner under this Act expires by effiuxion of time or such license is sooner revoked or surrendered under and in accord- ance with the said licensing provisions; (ii.) Every traffic route or traffic area declared under and for the purposes of *" The State Transport Acts, 1938 to 1943," and existing when this Act comes into operation shall, as respects any license referred to in paragraph (i.) of this proviso and every vehicle to which such license relates continue as a traffic route or traffic area under and for the purposes of the said licensing provisions until the expiration, revocation, or surrender of such license; (iii.) Any license issued under the said licensing provisions which is in force when this Act comes into operation shall, unless sooner revoked or surrendered under and in accord- ance with the said licensing prOVIsIOns continue in force until the currency or the extended currency of such license under this Act expires; (iv.) Subject to the foregoing paragraphs of this ~ roclama. subsection, every Proclamation, Order in : ~ ~ r& c. , Council, regulation, notification, license, per- repealed mit, or prohibition made, issued, or given Acts. under any provision of *" The State Transport Acts, 1938 to 1943," repealed by this Act and in force at the time when such provision is repealed shall, subject as hereinafter * 2 G. 6 No. 15 and amending Act.

318 TRANSPORT. PART 1.- - - - - - - - - - ~ - ~ ~ ~ ~ - - - - ~ - - - - - - PRELIMINARY. State Transport Facilities Act. 11 GEO. VI. No. 17, Prooeedings, &0. Moneys, &0., due. Penalties. Aotions, &0. provided, continue in force until it expires by emuxion of time unless sooner repealed, amended, revoked, suspended, or cancelled under this Act : Provided that every such Proclamation, Order in Council, regulation, notification, permit, or prohibition shall, while it so continues in force, be read and construed subject to this Act; (v.) All proceedings and things commenced, or had, or done by the Governor in Council, or by the Minister, or by the State Transport Commission, or by any other body or person under or in pursuance of any provision of *" The State Transport Acts, 1938 to 1943," repealed by this Act, may be continued and completed and shall be and continue to be of the same force and effect to all intents and purposes as if no such repeal of such provision had taken place ; (vi.) All moneys which, having accrued due under any provision of *" The State Transport Acts, 1938 to 1943," repealed by this Act, are at the date of the repeal of such provision due or payable to or recoverable by the Crown, or the Minister, or the State Transport Commission, or any other body or person shall be and continue to be so due, payable, and recoverable, and may be paid and received and recovered accordingly; (vii.) All penalties and forfeitures imposed under any provision of *" The State Transport Acts, 1938 to 1943," repealed by this Act and incurred at the date of the repeal of such provision shall and may be enforced as if such provision had not been repealed; (viii.) All actions and proceedings of whatever nature under any provision of *" The State Transport Acts, 1938 to 1943," repealed by this Act commenced or pending at the date of the repeal of such provision, may be carried on and prosecuted as if no such repeal had been * 2 G. 6 No. 15 and an:ending Act.

1946. TRANSPORT. State Transport Facilities Act. 319 PART 1.- PRELIMINARY. made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained; (ix.) The State Transport Commission constituted Dissolution under *" The State Transport Acts, 1938 to g~ mmission. 1943," shall be dissolved and the members thereof shall go out of office on and from the date when this Act comes into operation; (x.) T C h1oesedStaatned Ta1r1anmsopnoeryt s Rstoaanddm"Fguntod IstshacHredb 1 ' et TSRtroaaatnedspFournt d. shall be paid into the Consolidated Revenue Fund, and moreover all moneys received after the coming into operation of this Act which would be credited to such Fund had it continued shall be paid into the Consoli- dated Revenue Fund; (xi.) All moneys collected, received, or recovered :"ayments under or pursuant to the provisions of *" The ~ ~~ ~ nue. State Transport Acts, 1938 to 1943," remaining in force after the commencement of this Act shall be paid into the Consolidated Revenue Fund; (xii. ) '\Then in any Act reference is made to *" The Reference State Transport Acts, 1938 to 1943," or to ~ ~ ~ ~ fs~ ~ : sdof the State Transport Commission, or of any" The State Act thereby repealed, such reference shall ~ ~ ~ ~ f; rs to (in so far as it refers to a provision of such 1943." lastmentioned Acts repealed by this Act or to the State Transport Commission) be taken, unless its context otherwise indicates or requires, to refer to the corresponding provision of this Act, or, as the case may be, the Commissioner and such enactment shall be read and construed accordingly. 6. (1.) Notwithstanding anything contained in this Power to Act the qommissioner m~ y, at his discretion, extend, for :~~~~Cy such perIOd not exceeding twelve months as he shall of license determine, the currency of any license under *" The ~ ~ ed State Transport Acts, 1938 to 1943," which is in force Acts. upon the date upon which this Act comes into operation. Every such extension of a license shall be under and subject to such terms and conditions as the Commissioner shall fix. * 2 G. 6 No. 15 and amending Act.

320 PART 1.- PREliMINARY. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, (2.) If two or more licenses under *" The State Transport Acts, 1938 to 1943," in force upon the date upon which this Act comes into operation are held by the same person and, in the opinion of the Commis- 'Sioner, relate to the same service, the respective extensions of such licenses granted by the Commissioner under this section shall be for such periods as will ensure that all such licenses as so extended will expire upon the same date. (3.) The service for the carriage of passengers, or goods, or both passengers and goods provided under and pursuant to a license or, if held by the same person, licenses under *" The State Transport Acts, 1938 to 1943," in force upon the date upon which this Act comes into operation shall be and be deemed to be a service for which a license under this Act may be applied for and obtained by a Local Authority, corporation, or instru- mentality under section forty-seven of this Act, and the provisions of the said section forty-seven and of section forty-eight of this Act shall, subject as hereinafter provided in this subsection, apply and extend accordingly: Provided that- (i.) The Local Authority, corporation, or instru- mentality concerned shall apply for a license under this Act for such service within three months after the date upon which this Act comes into operation; and (ii.) If the Commissioner determines to grant such application, notice of such determination shall be delivered to the applicant Local Authority, corporation, or instrumentality and to the holder of the license or licenses concerned not later than three months before the expiry date of the extended period or, as the case may be, the respective extended periods granted under this Act of such license or licenses. Interpreta. 7. In this Act, unless the context otherwise indicates tion. or requires, the following terms shall have the meanings respectively assigned to them, that is to say :- Ambulance. " Ambulance "-Any vehicle equipped as an ambulance and used by an ambulance brigade, a board or committee of a hospital * 2 G. 6 No. 15 and amending Act.

1946. TRANSPORT. State Tra,nsport Facilities Act. 321 PART 1.- PRELIMINARY. to which *" The Hospitals Acts, 1937 to 1945," apply, or a body approved by the Commis- sioner, solely as a transport waggon in connection with the transport of sick or injured persons; " Articulated vehicle "-Any vehicle having more Articulated than four wheels in which the rear pair or vehicle. group of wheels supports a separate frame near its rear end, the front end of the frame being pivoted to the main frame of the vehicle, and free to turn relative thereto when negotiating a curve. If the rear frame and wheels are capable of easy detachment from the rest of the vehicle without disturbing the body (if any), the rear portion shall then be classified as a trailer ; "Authorised officer "-The Commissioner, the Authorised Deputy Commissioner, the secretary to the officer. Commissioner, any member of the Police Force, and any other person acting under the authority of the Commissioner; " Caravan trailer "-Any vehicle without motive Caravan power attached to a motor vehicle and trailer. equipped as a caravan for camping or for use as a dwelling, or in carrying on any trade or business ; " Commissioner "-The Commissioner for Trans- Commis- port appointed under this Act: the term sioner. includes any person who may be appointed by the Governor in Council to act as Commissioner for Transport ; " Deputy Commissioner "-The Deputy Commis- Deput~ s A iocnt;er for Transport appointed under this ~ qom . mr lS- " License "-A license under this Act to undertake License. and carry on a service for the carriage of passengers, or goods, or both passengers and goods, and which license is in force at any material time; * 1 G. 6 No. 4 and amending Acts. L

322 PART 1.- l) REIJ] Mr~ All '(. Licensee. Local Authority. Minister. l\Iotor car. Motor cycle. Motor omnibus. Motor truck . Motor vehiclE: TRANSPORT. State Transport Ji'acilities Act. 11 GEO. VI. No. 17, " Licensee "-The holder of a license; " Local Authority "-The term includes Brisbane City Council and a joint Local Authority and, for the purpose of joining with any Local Authority or Local Authorities t,) form a Joint Local Authority for any purpose of this Act, Brisbane City Council shall be deemed to be a Local Authority under and within the meaning of *"The Local Government Acts, 1936 to 1946 " ; " Minister "-The Minister for Transport or other Minister for the time being charged with the administration of this Act; "Motor car "-Any motor vehicle constructed~ fitted, or equipped principally for the carriage of persons and which is not a motor cycle~ motor omnibus, or service omnibus; "Motor cycle "-Any motor vehicle having less than four wheels and having the motive power transmitted to not more than one wheel, and the weight of which when unladen does not exceed eight hundredweight; "Motor omnibus "-Any motor vehicle con- structed, fitted, or equipped principally for the carriage of eight or more adult persons and which is used for the carriage of passengers at separate and distinct fares or of charter parties for any distance not exceeding twenty miles; " Motor truck "-Any motor vehicle constructed~ fitted, equipped, or used principally for the carriage of goods; " Motor vehiclp, " . Any vehicle propelled by gas, motor spirit, oil, electricity, steam, or any other mechanical power: the term includes a motor cycle and a trailer or caravan trailer attached to a motor vehicle, but does not include a railway or tramway locomotive, tram motor, tram car, fire engine, fire reel, traction engine, or any machinery especially designed for roadmaking ; * 1 G. 6 No. 1 and amending Acts.

1946. TRANSPORT. State Transport Facilities Act. 323 PART L- PRELIMINARY. " Multi-wheeled "-Means having more than four Multi- wheels, provided that in the case of any pair wheeled. of wheels mounted upon the same axle and the distance between the centres of the treads of which is less than three feet six inches, such pair of wheels shall be deemed to be one wheel ; " Operator "-A pe:t:'son who drives a vehicle or Operator. who rides a motor cycle or velocipede: the term. " operate" shall have a correlative meanmg; " Overhang "-That portion of a vehicle measured Overhang. from the centre of the back axle to the rearmost portion of the vehicle; " Owner "-The term and its derivatives include Owner. . every person who is the owner, joint owner, or part owner of any vehicle, and any person who has the use of the same under a hiring agreement or hire-purchase agreement; " Passenger "-Any person carried on a vehicle Passenger. other than the operator or conductor and, as respects a motor truck, one additional person carried as a relief operator or loader ; <, Percentage overhang "-The proportion which Percentage the overhang bears to the wheel base of a overhang. vehicle; " Permit "-Any permit issued under this Act in Permit. respect of any vehicle; H Person "-The term includes any Local Person. Authority and any body corporate; " Pneumatic tyre "-A tyre consisting of a pliable Pneumatic outer covering enclosing an inner tube inflated tyre. with air; " Prescribed "-Prescribed by this Act ; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; " Rigid multi-wheeled vehicle "-A multi-wheeled Rigid multi- ve h l · C 1 e h av ' mg a con t' muous rI . gl 'd f rame; vwehheieclleed. " Road" -Any road or street which the public Road. are entitled to use, and includes any road or street dedicated or proclaimed under any

324 PART 1.- Pr.EUMINARY. Secretary. Semi-solid tyre. Service omnibus. Side car. Tare. This Act. Total weight. Tractor or traction engine. Trailer. Vehicle. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, Act or law as a public road or street, and all bridges and ferries and the approaches thereto upon any such road or street; " Secretary "-The officer appointed under this Act to be the secretary to the Commissioner or any officer for the time being performing the duties of the office of secretary; " Semi-solid tyre "-A solid rubber tyre having enclosed or open air spaces other than in or on the tread of such tyre; "Service omnibus" -Any motor vehicle used for the carriage of persons at sepamte and distinct fares for any distance exceeding twenty miles; " Side car "-Any attachment for the carriage of passengers, or goods, or both passengers and goods affixed to a motor cycle at the side thereof and having a wheel separate and distinct from the wheels of such motor cycle; " Tare "-The weight of the vehicle fully equipped as prescribed for travelling but not including any load; "This Act"-This Act and all Proclamations, Orders in Council, regulations, directions, determinations, and notifications hereunder; "Total weight "-The weight of the vehicle together with the weight of the load contained therein or thereon ; " Tractor" or "Traction engine" -A power- driven vehicle used or intended to be used for hauling trailing vehicles (including a trailing vehicle partially superimposed thereon), but not built or equipped to carry passengers or goods (other than fuel or water for its own consumption) ; " Trailer "-Any vehicle without motive power attached to a vehicle; " Vehicle "-Includes any vehicle whatsoever propelled or drawn by motive power: the term expressly includes a motor vehicle, motor cycle, trailer, or tractor or traction engine, but does not include a tram or train;

1946. TRANSPORT. State Transport Facilities Act. 325 PART I.- PRELIMINARY. "Wheel base "-The distance between a line Wheel base. drawn at right angles to the length of the vehicle through the centres of the front wheels and a line similarly drawn through the centres of the rearmost wheels; " Young calf "-A calf not exceeding one hundred Young calf. pounds live weight; " Young lamb "-A lamb which still has only ~ ~ g its first or milk teeth. A reference in this Act to any other Act shall be deemed to refer also to any Act passed hereafter in amendment of or substitution for such other Act. PART n.-COMMISSIONER FOR TRANSPORT. PART I1.- COMMISSIONER FOR TRANSPORT. 8. This Act shall be administered by the Minister t~ : r~ : t and, subject to the Minister, by the Commissioner for Transport. 9. The Commissioner for Transport shall be ~~ = }~ r appointed from time to time by the Governor in Council Transport. and shall, subject to this A.ct, hold office for such period, not exceeding seven years, as the Governor in Council shall fix and be eligible for reappointment. 10. The Governor in Council may also appoint from gZ~ k­ time to time a Deputy Commissioner for Transport who sioner for shall, subject to this Act, hold office for such period, not Transport. exceeding seven years, as the Governor in Council shall fix and be eligible for reappointment. 11. The Deputy Commissioner may, in the event ~ ~ ;~ ! ~ of of the absence from duty for any reason whatsoever Commis- of the Commissioner, act as Commissioner for Transport, sioner. and while he so acts shall have and may exercise all of the powers, functions, and authorities of the Commissioner. The fact that the Deputy Commissioner has exercised any power, function, or authority of the Commissioner shall, until the contrary is proved, be conclusive evidence that the Commissioner was then absent from duty. 12 . The Comml. SS.lOner and DeputyCom" mlSSlOner CSao.mlam. ryiso-f shall respectively be paid such salaries and allowances tone~ and as the Governor in Council shall fix. c~!:nk- sioner.

326 PART U.- OOMlI[[SSIONER II'OJ,t TRANSPORT. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, ~ isq~ li. 13. The Commissioner or Deputy Commissioner fr~ : ~: ce of shall be deemed to have vacated his office- ~ ~ :' e~: ~ d (i.) If he directly or indirectly engages in any Deput:r ~ = IS- paid employment outside the duties of his office or of any office to which he is appointed by virtue of his position of Commissioner, or as the case may be, Deputy Commissioner, or directly or indirectly engages in any trade or business except as a member of a body corporate consisting of more than twenty persons; or (ii.) If he becomes bankrupt, or presents a bank- ruptcy petition against himself, or enters into any composition, or scheme of arrange- ment, or deed of assignment without sequestration, or deed of arrangement under Parts XI. or XII. of the * Bankruptcy Act, 1924-1933 of the Commonwealth (including any Act or law in amendment thereof or substitution therefor), or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii.) If except by reason of illness or physical incapacity or on leave granted by the Minister (power to grant such leave being hereby authorised) he absents himself from duty for fourteen consecutive days or for twenty-eight days in all in any calendar year; or (iv.) If he is convicted of a criminal offence for which he is liable to be punished by imprison- ment for twelve months or more; or (v.) If he dies or becomes mentally sick; or (vi.) If he is removed from office by the Governor in Council for misbehaviour or incapacity; or (vii.) If he resigns his office by writing under his hand addressed to the Minister and such resignation is accepted by the Governor in Council. Del~ g8tion 14. (1.) The Commissioner may, with the consent ~; ~ ~epowers of the Minister, and shall as respects a district transport Commis- officer at the direction of the Minister, in relation to any sioner. * No. 37 of 1924 of the COIWUonwealth and amending Acts.

1946. TRANSPORT. State Transport Facilities Act. 327 PART II.- COMMISSIONER FOR TRANSPORT. matters or class of matters or in relation to any specified area, by writing under his hand, delegate such of his powers, functions, and authorities under this Act (other than this power of delegation) as he thinks fit, or, as respects a district transport officer as the Minister shall specify so that the delegated powers, functions, and authorities may, subject to this Act, be exercised by the delegate with respect to the matters or class of matters or area specified in the instrument of delegation. (2.) Where under this Act the exercise of any power, function, or authority by the Commissioner is dependent upon the opinion, belief, or state of mind of the Commissioner in relation to any matter, that power, function, or authority may be exercised by the delegate upon the opinion, belief, or state of mind of that delegate. (3.) Every delegation, excepting a delegation to a district transport officer, shall be revocable by the Commissioner at his will, and any delegation, including a delegation to a district transport officer, shall be revoked by him if the Minister so directs, and no delegation shall prevent the exercise of the delegated power, function, or authority by the Commissioner. 15. (1.) The Governor in Council shall appoint a Secretary secretary to the Commissioner for Transport and may and officers. appoint all such other officers and employees as he shall deem necessary for the due and proper administration of this Act. Moreover the Governor in Council may appoint such and so many district transport officers as he shall think necessary to conveniently administer this Act throughout the State. Every district transport officer shall be appointed for such district as the Governor in Council may specify, either by reference to areas of Local Authorities or in any other manner sufficiently identifying such district. (2.) Officers and employees appointed in pursuance of this Act shall receive such salaries and wages as, subject to any award or determination of the Industrial Court, shall be fixed by the Governor in Council.

328 PART IT.- COMMISSIONER rOR TRANSPORT. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, (3.) If the Commissioner, the Deputy Commis- sioner, the secretary, or any officer or employee appointed in pursuance of this Act was, immediately prior to such appointment, an officer of the State Transport Commis- sion or of the Public Service, or of the Commissioner for Railways, or of the Commissioner of Main Roads, or an officer of either such Commissioner seconded for duty with the State Transport Commission, his former service as aforesaid shall be taken into account as prescribed for the }Jurpose of determining his existing and accruing rights. Signature of 16. (I.) All courts, judges, justices, and persons ~ ~ = is- acting judicially shall take judicial notice of the signature of the Commissioner or of the Deputy Commissioner acting as Commissioner for Transport affixed to any document or notice, and shall presume that it was duly affixed. Deoision of (2.) Every determination or decision of the Commis- ~ ~ : ax: ~ ~ be sioner shall be submitted to the Minister for his co~ ed by confirmation within twenty-eight days after such MInIster. determination or decision has been made. (3.) Subject to the direction of the Minister with respect to determinations and decisions on matters of routine (the Minister being hereby empowered to so direct) no determination or decision of the Commissioner shall have any effect unless or until it has been confirmed by the Minister. Authen- tioation of deter- minations, &0. 17. Every appointment and every determination, decision, license, notice, certificate or other document of the Commissioner relating to the execution of this Act shall be sufficiently authenticated if signed by the Commissioner or, if it purports to be signed by the Deputy Commissioner or secretary or any other person by virtue of. a direction of or delegation from the Commissioner. Funotions of the Commis- sioner. 18. With a view to ensuring that such ~ ..ld so many transport facilities will be available throughout and in all parts of the State of Queensland as are reasonably adequate to meet the convenience and requirements of the public for the carriage of themselves and their goods, the Commissioner shall be charged with the duty of regulating and controlling such carriage within the State by road, by air, and by water.

1946. TRANSPORT. State Transport Facilities Act. 329 PART II.- COMMISSIONER FOR TRANSPORT. 19. The Commissioner may license a service for the Power.of carriage of p~ ssengers and/ o~ goods, notwiths~ and~ ng that ~ ~ = ~ ~ another serVICe or other serVIces for such carrIage IS or are lice~ se already provided by a State railway, or by Local Authority serVlCes. tramway, or by a service or services licensed under this Act, if in the opinion of the Commissioner such firstmentioned service is warranted by reason of the greater convenience which it would afford to the public. 20. No action or legal proceedings whatsoever Indemnity. shall be brought by any person against the Crown, the Minister, the Commissioner, the Deputy Commissioner, the secretary, or any officer or employee of the Com- missioner on account of the Commissioner issuing or granting or refusing to issue or grant or cancelling or suspending, or renewing or refusing to renew, or consent- ing or refusing to consent to the transfer of any license, approval, permit, authority, or certificate what- soever under any provision of this Act or on account of the Commissioner imposing any term or condition in respect of the issue or renewal of any such document, or varying any term or condition of any such document upon its renewal or at any time during its currency; 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. The Governor in Council may, at any time Appoint- after the passing o~ t.his Act, appoint the Commission~r, : e: : ~ ? n the Deputy CommlsslOnm" the secretary to the Commls- the pa.ssing sioner, and such and so many other officers and of Act. employees as he shall consider necessary to administer this Act when it comes into operation, and moreover the Minister may, at any time after the Commissioner is appointed authorise him to do such acts and things as the Minister shall deem necessary to establish the organisation required for the administration of this Act. 22. (1.) The amount of all licensing fees, fees in Rc-:cnues respect of permits, fines, and other fees and moneys ~ ~ ~: : ~hiS collected under this Act (including the sale price of any Act. vehicle seized and sold under this Act) shall be paid into and form part of the Consolidated Revenue Fund. (2.) The costs, charges, and expenses of administering this Act shall be paid out of moneys appropriated by Parliament from time to time.

~ 30 TRANSPORT. J' ~~ IJ! · ~ State Transport Facilities Act. 11 GEO. VI. No. 17, PASSENGBRB, OR GOODS, pf~ : Z? J: ns PART III.-CARRIAGE OF PASSENGERS, OR GOODS, OR AX~ ' : s0DS BOTH PASSENGERS AND GOODS UPON VEHICLES. VlIHlOLBfS. 23. (1.) A person shall not use, or permit or allow Ctroanntsrpoolr 0 t by t 0 be used,at any tI.me £ or the carrI.age 0 f passengers, or road of goods, or both passengers and goods upon any road : : ; ~ ! = - any of the following vehicles, that is to say : - (a) Any motor omnibus; or (b) Any service omnibus; or (c) Any motor truck carrying any passenger; or (d) Any taxi-cab or private hire car; or (e) Any vehicle carrying any passenger- (i.) For hire or reward or for any consideration whatsoever; or (ii.) In the course of the use of such vehicle in or for any purpose of any profession, trade, or business; or (f) Any vehicle carrying any goods- (i.) For hire or reward, or for any consideration whatsoever; or (ii.) Which are intended for sale; or (iii.) In the course of the use of such vehicle in or for any purpose of any profession, trade, or business, 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. (2.) Any person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds, and liable for a second or subsequent offence against the same or any other provision of this section to a penalty of not less than twenty pounds nor more than one hundred pounds. When 24. It shall be lawful to. use upon any road any : : - ansp~ rt vehicle hereinafter in this section specified at any time ol; ~ ' : engers when such vehicle is being used solely for a purpose a or u tg o ho r ~ i e S d . vhee h re · 1C in 1 ea, ftte h ratinI . S tthoissasyec:t-ion specified in relation to such Crown. (1) Any vehicle owned by the Crown, or by any Crown corporation or instrumentality, or corporation or instrumentality or person representing the Crown while such vehicle is being used for purposes of the business of the

1946. TRANSPORT. 331 PART 111.- State Transport Facilities Act. CARRIAGE OF' PASSENGERS,. OR GOODS, OR BOTH PASSENGERS: Crown or of such corporation or instru- AND GOODS. UPON mentality but not including any such vehicle VEHICLES. which is carrying passengers, or goods, or both passengers and goods, for hire or reward, or for any other consideration whatsoever; (2) Any motor car equipped for the carriage of Private. not more than seven persons and any motor truck when such motor car or motor truck is carrying passengers for domestic, private, or family purposes only and is not carrying any passenger- (i.) For hire or reward or for any consideration whatsoever; or (ii.) In the course of the use of such vehicle in or for any purpose of any profession, trade, or business; (3) Any vehicle carrying any passenger without Cha.ri!abl& hire or reward or any consideration whatever ~[ !=sa­ for a purpose which the Commissioner has determined is a charitable purpose ; (4) Any vehicle carrying any passenger without Public hire or reward or any consideration whatever purposes. for a purpose which the Commissioner has determined is a public purpose or a purpose of a like nature: Provided that the carriage of members of a sporting body or of persons connected therewith shall not be determined to be a public purpose or a purpose of a like nature ; (5) Any vehicle carrying those members of a Lifesavers. surf life saving association or club approved by the Commissioner, who actively engage in patrolling beaches for the purpose of life saving, to or from a beach where such members have been or will be so engaged ; (6) Any vehicle owned by an employer and Employees. carrying any employee and his necessary tools of trade from the employer's place of business to a job or from one job to another; (7) Any vehicle carrying any passenger withoutBusiness hire or reward or any other consideration purposes. whatsoever, where such passenger is being carried for a purpose of a profession, trade,

332 PART III.- CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH PASSENGERS AND GOODS UPON VEHICLES. Taxi-cabs. Perishable fruit and vegetables, &c. Primary producers' goods to market. Fruit and vegetables from market. Return journey. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, or business other than a business of carrying passengers, or goods, or both passengers and goods; (8) Any vehicle licensed under *" The Traffic Act8, 1905 to 1933," or by any Local Authority as a taxi-cab or private hire car carrying passengers for a distance not exceeding twenty-five miles from the principal post office of the city, town, or place where such vehicle is so licensed; (9) Any vehicle carrying such fruit and vegetables as may be determined by the Commissioner from time to time to be of a highly perishable nature, milk, cream, fresh meat, fresh fish, andlor such other goods as may be determined by the Commissioner from time to time; (10) Any vehicle carrying fruit or vegetables other than those referred to in paragraph nine of this section or poultry from the place of production to a place of sale or disposa.J distant not more than twenty-five miles from whichever of them is the nearer to such place of sale or disposal, namely:- (i.) Such place of production, or (ii.) The railway station nearest to such place of production; (11) Any vehicle carrying for distribution fruit and vegetables other than those referred to in paragraph nine of this section from the place of purchase to a retailer or consumer distant not more than twenty-five miles from whichever of them is the nearer to such retailer or consumer, namely:- (i.) Such place of purchase ; or (ii.) The railway station nearest to such place of purchase. (12) Any vehicle which, while returning direct from a journey authorised and made under and in accordance with the provisions of paragraph nine or paragraph ten of this section, carries on such return journey seed or plants required for use in the production of the * 5 E. 7 No. 18 and amending Acts.

TRANSPORT. 333 1946. PART HI.- State Tra,nsport Facilities Act. CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH commodities mentioned in the said paragraphs PAANSDSEGNOGOEDRSS nine or ten by a producer thereof and/or VEUHlI' OONLES. foodstuffs for the use of such producer; (13) Any vehicle carrying young lambs or young Younglambs calves for a distance not exceeding two : 1~ ! ~ Ung hundred and fifty miles from the place at which any of such young lambs or young calves are picked up: Provided that the Commissioner may in any particular case approve of the carriage of young lambs or young calves for greater distances than two hundred and fifty miles as above if such carriage by road is necessary to prevent bruising or losses ; (14) Any vehicle carrying pigs, calves, lambs, or Animals. poultry for a distance not exceeding twenty- five miles; (15) Any vehicle while being used by a commercial Travellers' traveller in the course of his business and samples. carrying samples, up to a weight not exceeding five hundred-weight, of goods for exhibition to prospective purchasers and not for sale; (16) Any vehicle carrying firewood or fertilisers Firew~ o~ , or while being used for the purpose of aonr dfeertmIlIpsteyrs collecting empty bottles; bottles. (17) Any vehicle carrying newspapers for delivery Newspapers. unless the Commissioner has determined that suitable train services are available for such delivery ; (18) Any vehicle carrying raw sugar a distance not Raw sugar. greater than five miles from the mill at which the raw sugar is loaded on such vehicle; (19) Any vehicle carrying stone, road metal, gravel, Stone, clay, earth,c I ay, or I oam £ or use I.n const ruetI' ng, p & u c r . p , o fo se r s r . oad repairing, or maintaining any road in Queens- land for the Crown or for any Crown corpora- tion or instrumentality, or instrumentality, corporation, or person representing the Crown or for any Local Authority; (20) Any vehicle carrying any goods to or Nea!'est from the nearest railway, or Local Authority statIOn. tramway, station or the nearest such station which the Commissioner has determined has suitable loading facilities:

334 PARTIII.- OARRIAGE OF PASSENGERS, OR GOODS, OR BOTH P ASSI'jNGERS AND GOODS UpON VEHICLES. 15 miles. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, If the Commissioner is of opinion that a station has not suitable loading facilities for goods or for any class or classes of goods he may in relation to that station determine the nearest other statIOn which has such facilities. (21) Any vehicle carrying goods other than raw sugar for a distance not greater than fifteen miles (hereinafter in this paragraph called the "standard distance"): Provided that the Commissioner may from time to time by notification in the Gazette vary the standard distance :- (i.) Either in respect of roads generally or in respect of a particular road or in respect of particular roads; and/or (ii.) Either in respect of goods generally or in respect of a particular class of goods or in respect of particular classes of goods; and/or (iii.) Either in respect of vehicles generally or in respect of a particular class of vehicles or in respect of particular classes of vehicles; Where in any of the cases abovementioned any variation is made from the standard distance the distance set out in the relevant notification (hereinafter in this paragraph called the "notified distance") shall in lieu of the standard distance apply to and be the measure of authority for the use of such vehicle provided that if there is any difference between any relevant notified distances or (in case the standard distance applies to any road on which any goods are carried in such vehicle or to any of the goods for the time being carried in such vehicle) between the standard distance and any relevant notified distance then and in every such case the smallest of such of them the standard distance or the notified distance or distances as for the time being apply in respect of the use of such vehicle shall apply to and be the measure of authority for the use of such vehicle;

TRANSPORT. 335 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1946. State Transport Facilities Act. ~ ! : ~ ~ ! ~ ~ OR GOODS, OR BOTH (22) Any vehicle carrying goods between p I aces P A A N 8 D 8E G N O G O lII D RS S between which- VR~ ~ g~ 1II8. (i.) The carriage of such goods cannot be No rail. effected, whether directly or indirectly, by rail or by a licensed service; or (ii.) So much of the carriage of such goods as can be effected, whether directly or indirectly, by rail or by a licensed service, does not exceed fifteen miles; (23) Any vehicle in respect of which the Commis- Certificate of sioner has issued a certificate of authorisation au;'hori- while such vehicle is being used under and sa len. in accordance with the terms and conditions of such certificate (the Commissioner being hereby authorised to grant any such certificate under and subject to such terms and con- ditions as he shall specify in such certificate) ; (24) Any vehicle owned by any Local Authority Local while such vehicle is being used for any Authorities. purpose of such Local Authority, but not including any vehicle owned by a Local Authority which is carrying passengers, or goods, or both passengers and goods, for hire or reward, or for any other consideration whatsoever; (25) Any vehicle approved for use in carrying on aLicensed licensed service at any time when such services. vehicle is carrying passengers, or goods, or both passengers and goods under and in accordance with the terms and conditions of the license for such service; (26) Any vehicle permitted under this Act to be Permitted used for any purpose at any t.ime when such vehicles. vehicle is being used for such purpose under and in accordance with the terms and conditions of the permit; (27) (Where the Governor in Council has, by Additional Order in Council made upon the recom- lawful mendation of the Commissioner, prescribed purp( ) se~ . any purpose additional to the purposes herein- before in this section set forth for which it shall be lawful to use upon any road any vehicle, vehicles, or class or classes of vehicles,

336 PART III.- CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH PASSENGERS AND GOODS UPON VEHICLES. Authorisf'd areas and routes. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, specified in such Order in Council, provided that such vehicle, vehicles, or class or classes of vehicles, are used for such prescribed purpose under and in accordance with the terms and conditions specified in such Order in Council) any vehicle while being used for the purpose prescribed and under and in accordance with the conditions specified in any such Order in Council; (28) Any vehicle carrying passengers, or goods, or both passengers and goods between places or within any area between or within which the Governor in Council has, by Order in Council made upon the recommendation of the Commissioner, authorised such carriage: Provided that any such Order in Council may in relation to the places or area specified therein authorise the carriage of passengers only, or goods only, or both. Use of 25. (1.) Where a vehicle referred to in section vtwehoicolremfoorre twenty-four of this Act is being used upon any road at purposes at any and the same time for two or more of the purposes Fanamy eantidmteh. e specified in the said section in relation to such vehicle, such use- (i.) Shall be lawful, if such vehicle is, as respects each such purpose, being used at that time under and in accordance with such of the provisions of the said section twenty-four as authorise its lawful use for that purpose; or (ii.) Be unlawful, if such vehicle is, as respects any such purpose, being used at that time other- wise than under and in accordance with such of the provisions of the said section as authorise its lawful use for that purpose. (2.) Where a vehicle referred to in section twenty- four of this Act is being used upon any road at any and the same time for two or more purposes any of which is not specified in the said section in relation to such vehicle, such use shall be unlawful. Ambulances 26. It shall be lawful to use upon any road at any and fire. time any ambulance or any fire engine, fire reel, or other ~ ~~ ! fe~ . vehicle equipped and used solely for the purpose of fighting or preventing fires.

TRANSPORT. 337 1946. State Tra,nsport Facilities Act. PART IV.- ~ ~ i~ ~ ~~ GFg: --------------------------------------------------- 5~ j~ : ~ ~ : OR GOODS, PART IV.-LICENSING OF SERVICES FOR THE CARRIAGE OF P. f: S:: : ~s PASSENGERS, OR GOODS, OR BOTH PASSENGERS AND AND GOODS. GOODS. 27. Subject to this Act the Commissioner may- Commis. (i.) LI.CenSe any person to provI.de and carry on lsiicoennesrema. y gaoosedrsv, icoer bfoorththpeassceanrgrieargseanodf pgaososdesn;gearsn, d or apseansrdvsiegcnoegsoe. dr s (ii.) Approve of the vehicles to be used for the purpose of carrying on such licensed service, but the Commissioner shall not approve of any such vehicle until the licensee satisfies him that a certificate of registration of such vehicle under *" The Main Roads Acts, 1920 to 1943," and the regulations thereunder is in force and that such vehicle is appro- priately insured under and in accordance with the provisions of t" The Motor Vehicles Insurance Acts, 1936 to 1945," and the regulations thereunder; and (iii.) Authorise persons to operate such approved vehicles. 28. Any person may apply to the Commissioner App~ication for a license to provide and carry on a service for the for lIcense. carriage of passengers, or goods, or both passengers and goods. Such application shall be in the form provided by the Commissioner and shall contain Ol be accompanied by such particulars as may be required by the Commis- sioner, and the applicant shall furnish to the Commissioner particulars of the vehicles he proposes to use for the purposes of such service and all such further information and particulars as the Commissioner may require. 29. (1.) Except as permitted by subsection two Commis- of this section, the Commissioner shall not issue a license ~ io~ er may t o prOVI' de and carry on any serVI.Ce £, or the carn.age 0 flnapvpltleications. passengers, or goods, or both passengers and goods until he has first invited applications for such license by public advertisement. * l(} G. 5 No. 26 and amending Acts. tiE. 8 No. 31 and amending Acts.

338 TRANSPORT. PART IV.- LIOENSING Ol!' 1;;ERVIOES I!'OR State Transport Facilities Act. 11 GEO. VI. No. 17, ~ HE OARRIAGE OF PASSENGERS, OR GOODS, OR BOTH Such advertisement shall state the conditions of APANSDSEGNOGGEDRSS. application, including the deposit, if any, to be lodged with the application and- (a) May state the terms and conditions under and subject to which the Commissioner will be prepared to grant the license or may specify a place where any intending applicant may inspect such terms and conditions and obtain a copy thereof; and/or (b) May require any applicant to accompany his application with a statement of the terms and conditions under and subject to which he will be prepared to accept the license. Such terms and conditions may relate not only to matters and things essential to the carrying on of the service but also to all such other matters and things as will tend to public convenience, including- (i.) As respects passengers, the provision of book- ing offices, waiting rooms, rest rooms, meals, overnight accommodation, shelter sheds, stopping places, and stopping place indicators; and (ii.) As respects goods, booking offices, depots, and loading and unloading facilities. (2.) The Commissioner may, without first inviting applications therefor by public advertisement, but subject to obtaining the prior approval of the Governor in Council, issue a license to provide and carry on a service for the carriage of passengers, or goods, or both passengers and goods- (a) To a holder of a license or licenses under *" The State Transport Acts, 1938 to 1943," in force upon the date upon which this Act comes into operation, for the purpose of continuing the service or so much of the service for the carriage of passengers, or goods, or both passengers and goods provided under and pursuant to such licenses as the Commissioner determines should justly and reasonably be continued by such license: Provided that no such holder shall be or be deemed to be entitled to any license under this Act as of right; '" 2 G. 6 Nn. 15 and amending Act.

TRANSPORT. 339' 1946. . ~ - - - PART IV.- State Transport Facilities Act. LICENSING OF SERVICES FOR THE CARRIAGE OF ( b ) I n any other case, where I·n t h e opInIOn 0 f PAOSRSEGNOGOEDRSS, ' the Commissioner there are good and sufficient Pf: S:~ J:RS reasons £ or I . ssU . Ing the ll' Cense WI' thout first AND GOODS . inviting applications therefor by public advertisement. (3.) Where more applications than one are received for any such service, whether in answer to public advertisement or otherwise, the Commissioner may grant the application which on a view of all the circumstances appears to him to be most advantageous or the Commissioner may decline to grant any application. (4.) The Commissioner may grant or refuse to grant an application notwithstanding that it is the only application received by him. If the Commissioner is satisfied that two or more applications are equally advantageous he shall decide the application to be granted by ballot, excepting that where a number of equally advantageous applications includes one from a Local Authority such Local Authority shall be granted the license without recourse to a ballot 30. (1.) The Commissioner for Railways may Co.ordinated arrange with the Commissioner for the issue of and rail ?,nd road subject to and in accordance with such arrangements, servICes. the Commissioner may issue a license under this Part of this Act to any person with whom the Commissioner for Railways proposes to contract or renew a contract for so much of the carriage as cannot be effected by railway of passengers, or goods, or passengers and goods contracted to be carried by the Commissioner for Railways. (2.) The Commissioner for Railways shall not make or renew any such contract unless and until arrangements as aforesaid have been made by him with the Commis- sioner or otherwise than subject to and in accordance with such arrangements. (3.) As respects any such proposed contract, applications for the license shall (unless the Governor in Council otherwise approves under and subject to subsection two of section twenty-nine of this Act) be invited by public advertisement, which advertisement shall in addition to the matters specified in subsection one of this section state the terms and conditions under and subject to which the Commissioner for Railways \vill te prepared to contract.

TRANSPORT. PART IV.- LICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, FOR THE CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH (4.) Moreover the Commissioner for Railways shall PAANSDSEGNOGOEDRSS. not consent to the transfer of any such contract unless and until he has arranged with the Commissioner for the transfer of the license in question, or otherwise than subject to and in accordance with such arrange- ments. Period of license. 31. (1.) A license to provide and carry on a service for the carriage of passengers, or goods, or both passengers and goods, shall be issued for such period, not being more than seven years, as is specified in the license. The Commissioner may from time to time renew any license for such period, not being more than seven years, as he shall determine. Applications for renewals of licenses shall be made in the manner and at the time prescribed or, if not prescribed, directed by the Commissioner. . The Commissioner may at his discretion refuse to renew any license or he may renew same upon and subject to such altered terms and conditions as he shall decide. (2.) The provisions of subsection one of this section shall not apply as respects the period of any license or renewal of any license issued or renewed subject to and in accordance with arrangements made by the Commis- sioner for Railways with the Commissioner, but the period of such license or of any renewal thereof shall accord with such arrangements. Terms and 32. The license shall be in or to the effect of the lciocnendsitei. ons of prescrl' bed £ orm and sha11 state t he terms and cond 1 'tI' Ons upon and subject to which it is issued (which terms and conditions may vary as respects different licenses or different classesoflicenses). Subject to such terms and conditions as may be prescribed the Commissioner may determine the terms and conditions under and subject to which he will grant such license, including but without limit to the generality of his power- (i.) The minimum number of vehicles to be provided for use in carrying on the service ; (ii.) The routes upon which or the area in which vehicles carrying on the service are to be operated;

TRANSPORT. 341 PART IV.- 1946. State Transport Facilities Act. LICENSING OF SIilRVIOES ~ OR THE OARRIAGE OF PASSENGERS, (iii. ) The time tables to be observed by such OR GOODS, vehicles; OR BOTH PASSENGERS AND GOODS. (iv.) If time tables for all such vehicles are not stated in the license, times during which such vehicles are prohibited from being operated; (v.) The obligations andlor the prohibitions of the licensee, according to the nature of the license, with respect to the carriage of passengers or goods, or both, either generally or to or from or between specified places upon any route or in any area upon or in which vehicles carrying on the service are to be operated; (vi.) The obligations of the licensee according to the nature of the license, with respect to the provision of booking offices, waiting rooms, rest rooms, meals, overnight accommodation, shelter sheds, stopping places, stopping place indicators, depots, loading and unloading facilities and such other facilities as the Commissioner may reqUIre to ensure that the licensed service will be efficient having regard to public requirements and conveni- ence; (vii.) Prohibiting the licensee from discriminating between passengers or between goods or classes of goods carried by him except in the case of a passenger under the influence of liquor or suffering or suspected to be suffering from or a carrier of any infectious or contagious disease or whose conduct is obnoxious to other passengers, or dangerous goods or goods capable of contaminating other goods and not properly packed so as to prevent such contamination; (viii.) Requiring and regulating the issue in sequence of numbered tickets to passengers, requiring and regulating the use of stamps denoting the amount of the licensing fee payable upon goods carried, and the accounting to the Commissioner for such tickets and stamps; (ix.) The licensing fee, stipulating whether to be wholly or partly a fixed amount and, if so, such amount. or whether to be calculated and

342 TRANSPORT. PAlIT IV.- LlCl£NSDlG OP 8JmvICES State Transport Facilities Act. 11 GEO. VI. No. 17, C~ ~ ~ ~ OP ------------------------------------------------ PASSBNGEBS. OR GOODS, paid wholly or partly upon anyone or more OR BOTH P A8SBNGlIlI8 of the bases prescribed in this Act, and, if so, AN» GOODI!. suoh basis or bases, or whether to be wholly or partly a percentage of the gross revenue derived from the service and, if so, such percentage and in any event the time and manner of paying such fee or any part thereof or any instalment or instalments of such fee or any part thereof; (x.) Fares and/or freights to be charged; (xi.) Subject to this Act and to any direction of the Industrial Court under *" The Industrial Conciliation and Arbitration Acts, 1932 to 1945," the hours to be observed by operators of vehicles carrying on the service, whether or not employees and the remuneration of employees; (xii.) The books, accounts, and records to be kept by the licensee and the form and manner of keeping same or any of them; (xiii.) The returns to be made by the licensee to the Commissioner, the information to be con- tained in and the times when such returns are to be made. Passenger tickets. 33. The Commissioner may, upon issuing a license for a service for the carriage of passengers, or both passengers and goods, or at any time during the period during which any such license or any renewal thereof is in force, determine that the following terms and conditions, or any of them, shall be terms and conditions of such license, that is to say :-- (i.) That all passengers carried on vehicles approved for use in carrying on such service be issued with numbered tickets showing the . amount of the fare charged and such other particulars as the Commissioner shall specify and that all such tickets shall be issued in sequence; (ii.) (a) That where a cpnductor is not employed on any vehicle carrying on the licensed service, the operator of such vehicle shall before a passenger commences a journey issue a ticket which the passenger shall retain until the completion of his journey; • 23 G. 5 No. 36 and amending Acts.

H)46. TRANSPORT. 343 PAR'!' IV.- State Transport Facilities Act. LICENSING OF SERVICES FOR THE CARRIAGE OF PASSENGEltS, (b) That where a conductor is employed he OR GOODS, OR BOTH shall, as soon as practicable after a passenger PASSENGERS AND GoODS. commences a journey, issue a ticket which the passenger shall retain until the completion of his journey; (c) That the conductor or, if there is no conductor, the operator of every vehicle carrying on the licensed service shall at all times have in his possession a waybill showing such details as the Commissioner may specify of passenger tickets in use; (iii. ) That the licensee shall obtain all such tickets from the Commissioner or, if no part of the licensing fee is based on the number of passengers carried, from a person approved by the Commissioner and, in the latter event, shall submit for approval and recording by the Commissioner all orders upon such person for tickets before obtaining same. Any licensee required to obtain tickets from the Commissioner may be required to pay the cost incurred by the Commissioner in providing same ; (iv.) That where the licensing fee or part thereof is based on the number of passengers carried the licensee shall obtain all such tickets from the Commissioner and that he shall pay the amount of the licensing fee based on such tickets when he so obtains them; (v.) That the licensee will keep in such form and manner as the Commissioner determines all such records as the Commissioner specifies with respect to such tickets, and will as often as the Commissioner may require account to the Commissioner for all tickets obtained and issued to passengers and produce for inspection by the Commissioner or any authorised officer all such records. 34. (1.) The Commissioner may, upon issuing a Goods. license for a service for the carriage of goods, or both consignment passengers and goods, or at any time during the period ~ ~ ~ ~ ilIs. ~ . during which such license or any renewal thereof is in

344 TRANSPORT. PART IV.- Ll~ ~ ~ ~ ~ ~~SOF State Transport Facilities Act. 11 GEO. VI. No. 17, C: ~ ~ ~ OF - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PA OR SSE G N O G O E D R S S ,' £ orce det ermI.ne t hat t he £ 0 11oW. Ing t erms and cond·It·IOns . P~: S:~ ~ : RS or any of them shall be terms and conditions of such AND GOODS. license, that is to say : _ (i.) That the licensee will provide and use consign- ment notes, waybills, and other documents as and in the manner specified by the Commis- sioner in respect of goods carried upon any vehicle approved for use in carrying on such service and that the licensee shall furnish to the Commissioner, at such times as the Commissioner specifies, all such returns and information as the Commissioner requires with respect to goods carried, freights charged, and other matters specified by the Commissioner. The Commissioner may specify the form and manner of keeping of any such consign- ment note, waybill, or other document; (ii.) That the licensee shall obtain all such consign- ment notes, waybills, and other documents from the Commissioner or from a person approved by the Commissioner and, in the latter event, shall submit for approval and recording by the Commissioner all orders upon such person for consignment notes, waybills, and other such documents before obtaining same. Any licensee required to obtain consign- ment notes, waybills, or other documents from the Commissioner may be required to pay the cost incurred by the Commissioner in providing same ; (iii.) That, where the licensing fee or part thereof is based on goods carried, the licensee shall obtain from the Commissioner all such adhesive stamps as he shall require for denoting the amount of such licensing fee, and that he shall pay the amount of the licensing fee denoted by such stamps when he so obtains them; (iv.) That at any time when any such approved vehicle is carrying goods for any purpose of the licensed service, the operator of such vehicle will have in his possession every

1946. TRANSPORT. 345 PART IV.- State Transport Facilities Act. LICENSING OF SERVICES FOR THE CARRIAGE OF PASSENGERS, specified consignment note, waybill, or other OR GOODS, OR BOTH document showing the information and PASSENGERS AND GOODS. particulars as required by the Commissioner with respect to all goods being carried upon such vehicle at that time and as respects every such waybill having affixed thereto stamps duly cancelled to the value of the amount of the licensing fee payable upon the goods carried in every case where such fee is based on goods carried ; (v.) That the operator of such vehicle shall as often as he may be required so to do produce for inspection by any person authorised by the Commissioner or inspector appointed under this Act, any such consignment note, waybill, or other document. (2.) In furnishing any return or information required by the Commissioner with respect to freights charged the licensee shall state whether he makes any special freight charge or charges at a rate or rates less than the rate ordinarily charged by him and, if so, the name of the person or persons charged such special rate or respectively such special rates, the goods to which each and every such special rate applies, whether he has contracted to allow such special rate or rates to the person or persons concerned, and, if any such contract is in writing, the place where it may be inspected and a copy of or extracts from it taken by the Commissioner or an authorised officer. 35. (1.) A licensing fee of the amount or at the ~ eeB for rate determined by the Commissioner shall be payable lIcenses. by every licensee. Such fee, and any instalment thereof, shall become due and payable, and shall be paid, to the Commissioner at the time and in the manner stated in the license, and any unpaid amount may be recovered by the Commis- sioner as a debt. (2.) Such licensing fee shall, in the discretion of the Commissioner, be- (i.) An amount fixed by the Commissioner; or (ii.) An amount per centum as fixed by the Commissioner of the gross revenue derived from the licensed service; or

346 PA]tT IV. LICENSING Olr SDVlCE8 l!'OIl THE CARRIAGE Olr PA! lBENG~ B, OB GOODS, OB BOTII P ASSENGEllS AlIl<P GOODS. TRANSPORT. State Transport Fa.ciUties Act. 11 GEO. VI. No. 17, (ill.) The sum of the amounts fixed by the Commis- sioner for each and every vehicle used for the purpose of carrying on the licensed service; or (iv.) An amount calculated on such of the following bases as can be applied, regard being had to the vehicles approved for use in carrying on the service, that is to say : - (a) A rate (not exceeding one penny per passenger per road mile) for each and every vehicle approved for use in carrying on the service, such rate to be calculated by multiplying the maximum number of passengers each such vehicle may lawfully carry by the maximum number of miles it may lawfully travel; (b) A rate (not exceeding threepence per ton per road mile) for each and every vehicle approved for use in carrying on the service, such rate to be calculated by multiplying the maximum number of tons of goods each such vehicle may lawfully carry by the maximum number of miles it may lawfully travel; (c) In the case of vehicles approved for use for the carriage of both passengers and goods, subparagraph (a) of this paragraph may be applied as respects the carriage of passengers and subparagraph (b) of this paragraph may be applied as respects the carriage of goods; or (v.) An amount calculated on such of the following bases as can, having regard to the vehicles approved for use in carrying on the service, be applied, that is to say:- (a) A rate (not exceeding one penny per passenger per road mile) for each and every passenger carried on any and every vehicle approved for use in carrying on the licensed service ; (b) A rate (not exceeding threepence per ton per road mile) for each and every ton of goods carried on any and every vehicle approved for use in carrying on the licensed service: Provided that, subject

TRANSPORT. 347 1946 . S tate Transport Fac~ . ht . ~ . es A A ct. PART IV.- LICIIN1!Il!IG OF SliIRVI()E1! FOR THlil CARRIAGE 01' t o such maX.Imum, d1' C 1 C 1erent rat es may b e PAOSRSI G IN o G oD EB S S , , calculated on this basis in respect of P~ ~ : : ' s dI· c l c lerent goods or c I asses 0 f goods; AND GOODS. (c) In the case of vehicles approved for use for the carriage of both passengers and goods, subparagraph (a) of this paragraph may be applied as respects the carriage of passengers, and subparagraph (b) of this paragraph may be applied as respects the carriage of goods. (3.) The Commissioner shall have power to determine that the fee payable by a licensee shall be in part a fixed amount determined in accordance with a provision of subsection two of this section and in part an amount calculated at any rate or rates specified in paragraph (iv.) or paragraph (v.) of the said subsection two but in so determining the Commissioner shall have regard to the maximum amount of licensing fee imposable under the provisions of the said paragraph (iv.). (4.) (a) Where the Commissioner determines that a licensing fee shall be a fixed amount, or an amount per centum of the gross revenue derived from operating vehicles approved for use in carrying on the licensed servjce, or a fixed amount for each and every such vehicle, the Commissioner shall as near as may be determine such fee at a sum which would not exceed the maximum fee which would be payable if calculated at the maximum rate or rates specified in paragraph (iv.) of subsection two of this section. (b) The provisions of this subsection shall not apply so as to invalidate any determination by the Commis- sioner with respect to the fee payable by any licensee, but the amount of every such fee and every instalment thereof shall become due and payable and be paid under and in accordance with the terms and conditions of the license. 36. The Commissioner may at any time and from Power to time to time amend, alter, add to, vary, or revoke the ~ ~ r terms terms and conditions of a license issued under this Part conditions of this Act or any of them. of license. 37. (1.) Subject to subsection two of this section Ap~ rova1 of the Commissioner shall approve of the use of such vehicles. and so many vehicles as he shall deem necessary for use in carrying on any licensed service.

348 TRANSPORT. PUT IV.- LJOENSING Ol!' SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, I!'OR THE CABRIAGE OI!' PASSENGERS, OR GOODS, OR BOTH The Commissioner shall issue a certificate of PAANSDSEGNOGOEDRS. . approval for each vehicle so approved by him and such certificate or a certified copy thereof shall be carried upon the vehicle at all times during which it is being used in carrying on such service. The Commissioner may in such certificate specify the purposes for which the use of the vehicle is approved and also the maximum number of passengers, and/or the maximum weight of goods, to be carried by such vehicle at any and the same time. (2.) A vehicle shall not be so approved unless- (i.) A certificate of registration or of renewal of registration under *" The Main Roads Acts, 1920 to 1943," and the regulations there- under in respect of the vehicle is current at the date of approval; and (ii.) A certificate to the satisfaction of the Commis- sioner that such vehicle complies with the requirements of t"The Inspection of Machinery Acts, 1915 to 1943," is furnished to the Commissioner; and (iii.) Such vehicle is constructed and equipped in compliance with the requirements of this Act. (3.) In approving of vehicles the Commissioner shall have regard to the various classes of goods which may be lawfully carried by the licensee and, subject to the foregoing subsections of this section, shall approve of vehicles accordingly. Penalty for 38. A licensee shall not at any time use or permit an u p s o i pt n r g ov v e e d h . icle soerrvaI • lcleowantyovebheiculeseudnlfeosrs aatnysucphurtpimosee suocfhthveehilcic I een- sed (i.) Is approved by the Commissioner for use for such purpose; and (ii.) Is being used under and in accordance with the terms and conditions of the license and of the certificate of approval for the use of such vehicle. * 10 G. 5 No. 26 and amending Acts. t 6 G. 5 No. 24 and amending Acts.

TRANSPORT. 349 PART IV.- 1946. State Transport Facilities Act. LICENSING OF SERVICES FOR THE CARRIAGE OF PASSENGERS, Any person who contravenes any provision of this OORR GBOOOTDHS, section shall be guilty of an offence and liable for a first PAANSDSEGNOGOEDRSS. offence to a penalty of not more than fifty pounds and, for a second or subsequent offence against the same or any other provision of this section to a penalty of not less than twenty pounds nor more than one hundred pounds. . 39. During the period during which a certificate ! ~ :i~ c~ ~ e of approval issued by the Commissioner for the use of of approval. a vehicle for any purposes of a licensed service is in force, the owner of such vehicle shall be under no liability to register it with or to pay any fees in respect of it to any Local Authority under any provisions of *" The Local Government Acts, 1936 to 1946," or any by-law thereunder, or, in the case of the Brisbane City Council, under the provisions of t" The City of Brisbane Acts, 1924 to 1945," or any ordinance thereunder, but he shall not be exempt from liability to comply with any of the provisions of t" The Traffic Acts, 1905 to 1933," or any hy-laws or regulations thereunder, or any of the provisions of §" The Motor Vehicles Insurance Acts, 1936 to 1945," or any regulations thereunder, or any of the provisions of 11 " The Main Roads Acts, 1920 to 1943," or of any regulations thereunder. the 4 C 0 om . ( m 1 l . . s ) s.lSOunbejrecmt atoy sauubtsheocr·tIisoen stuwcoh oafndthisso semctainoyn taAopuptorhpooevrreiatdyte persons as he shall think fit to operate vehicles approved vehicle. by him for use in carrying on any licensed service. The Commissioner shall issue a certificate of authority to each person so authorised by him and every person so authorised shall have such certificate or a certified copy thereof with him at all times during which he is operating any vehicle approved as aforesaid. The Commissioner may in such certificate specify the purposes for which the person named therein may operate any vehicle specified in the certificate. * I G. 6 No. I and amending Acts. t 15 G. 5 No. 32 and arrending Acts. t 5 E. 7 No. 18 and amending Acts. § 1 E. 8 No. 31 and amending Acts. 1110 Q. 5 No. 26 and amending Acts.

350 TRANSPORT. PART IV.- LICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, FOR THE CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH (2.) The Commissioner shall not so authorise any PASSENGERS person unless such person holds both the certificate AND GOODS. that he is competent to operate and the authority to operate the vehicles concerned required by law. The cancellation or suspension of such certificate of competency shall cancel and be deemed to cancel the authority of the Commissioner and the certificate of authority issued by the Commissioner shall be deemed to have been cancelled forthwith upon the cancellation. or suspension of the certificate of competency. Lioensee to 41. A licensee shall not allow or permit any person i a lI u DtPh o l0J: ° r dn1y l to s o e per . ate, and a person shall not . operate . at any time, Qperators. any vehIcle for any purpose of the lIcensed serVICe unless at such time such person- (i.) Holds a subsisting certificate issued by the Commissioner authorising him to operate such vehicle; and (ii.) Is operating such vehicle under and in accord- ance with the terms and conditions of such certificate. Any person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds. Sale of licensed -service. 42. (1.) A licensee shall not sell, lease, assign, or part with the possession of the licensed service or any part thereof, or any interest therein, unless he has first given twenty-one clear days' notice in writing to the Commissioner of his intention so to do and complies with any directions given by the Commissioner under the succeeding provisions of this section. (2.) The Commissioner may give to such licensee all such directions as the Commissioner shall think fit with respect to the terms and conditions upon and subject to which the Commissioner would be prepared to consent to the transfer of the license consequent on the sale of the business. (3.) The provisions of this section shall not apply so as to prevent the Commissioner from refusing to consent to the transfer of any license, and, subject to this Act, the Commissioner may, at his discretion, so refuse.

TRANSPORT. 351 PART IV.- 1946. State Transport Facilities Act. LICENSING OF SERVICES FOR THE CARRIAGE OF PASSENGERS, (4.) The licensee shall continue to carry on the OR GOODS, OR BOTH licensed service under and in accordance with the terms PASSENGERS AND GOODS. and conditions of the license until otherwise authorised or permitted by the Commissioner. 43. (1.) The Commissioner may, upon application '-';'ransfer of by the licensee and the proposed transferee, transfer, lIcenses. under and subject to such terms and conditions as the Commissioner may determine, any license under this part of this Act. (2.) In considering an application for transfer of a license the Commissioner shall have regard to the follow- ing matters :- (a) The experience and character of the transferee and his financial capacity to provide and carry on the service; (b) The amount which the transferee is paying for the licensed service, and the value as at the time of the application of the vehicles and other property used in such business which are to be acquired by the transferee; (c) Any other factors considered by the Commissioner to be relevant. (3.) The Commissioner may, in his discretion, refuse to transfer any license upon the ground that its transfer would be contrary to, or not desirable in, the public interest. 44. (1.) The Commissioner, if he considers such Cancellation ~ ction necessary or desirable in the public interest, or : ~ ~ nsion. III any case where he is satisfied that the licensee has contravened or failed to comply with any provision of this Act or any term or condition of his license (and notwithstanding that the licensee has not been convicted of such contravention or failure) may- (i.) Cancel; or (ii.) Suspend for such period as he shall determine, any license, certificate of approval of a vehicle or authority to operate an approved vehicle issued under the provisions of this Part of this Act. (2.) Such suspension shall for the period for which the license, certificate of approval, or authority is suspended have the same effect as a cancellation of the license, certificate, or authority in question.

352 TRANSPORT. PART IV.- LICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, FOR THE CARRIAGE OF PASSENGERS, O~ RG~ g.; >~, 45. (1.) A licensee may surrender his license by J~: i.; ;~~ ~~: . delivering to the Commissioner notice in writing. Surrender of lioense. Such notice- (i.) Shall specify the date upon which the surrender is to take effect; and (ii.) Shall be delivered to the Commissioner not less than thirty days before the date specified therein as the date upon which the surrender is to take effect. The surrender of the license shall take effect upon the specified date or upon such earlier or later date as the Commissioner, with the consent of the licensee, determines. (2.) When a license is surrendered the Commissioner shall, upon the date when the surrender takes effect, cancel all certificates of approvals of, and authorities to operate, vehicles issued by him in respect of such license. (3.) A licensee may at any time surrender any certificate of approval of, or authority to operate, a vehicle, and shall surrender such certificate or authority in respect of any vehicle which ceases to be used or any person who ceases to be engaged in carrying on the licensed service. Extension of lioensed service. 46. (1.) The Commissioner may direct any licensee to extend his licensed service on and from such date, in such manner, and under and subject to such terms and conditions as the Commissioner directs. Every such extension shall be deemed for all purposes of this Part of this Act to be included in the service authorised by the license and every term or condition determined by the Commissioner in relation to such extension shall be deemed to be a term or condition of such license. (2.) The licensee shall provide and carry out the extended service in accordance with the direction of, and under and subject to the terms and conditions determined by, the Commissioner. (3.) The Commissioner may determine, under and in accordance with the provisions of this Part of this Act, the amount of the fee to be paid by the licensee in respect of his licensed service as extended.

TRANSPORT. 353 1946. State Transport Facilities Act. PART IV.- LICENSING OV SERVICES FOR THE CARRIAGE OF 47. (1.) Where any person other than a Local Pt:s~~~ ~~~ , Authority, a Crown corporation, or instrumentality, or pf: s: ~ : ~ s instrumentality or corporation representing the Crown is AND . G. O~ DS. the holder ?f a license to provide and carry on a service ~ fc~ ~ ~ ~ t~ n for the carnage of passengers, or goods, or both passengers service by and goods- ~ m r s o tr w u n - ( 1 .. . ) An y LocaI Authon·ty; or moreLnotaclailty ( 1 .. 1. ) An y Crown corporatIOn·o·r mst rument al I ·ty or Authorit . y. instrumentality or corporation representing the Crown, which would, subject to holding such license, have power and authority at law to carry on such service- (a) May apply to the Commissioner for a license to provide and carry on such service; and (b) Shall accompany such application with particulars in writing of the vehicles and other property wholly or partly used by the licensee in or for the purpose of carrying on the licensed service which the applicant considers it will require for use in carrying on the service if the license therefor is issued to the applicant; and (c) Shall, within seven days after making such application deliver to the licensee notice in writing of such application accompanied by the particulars referred to in paragraph (b) of this subsection; and (d) Shall, within seven days after making such application give public notice of the making of such application by advertisement in the Gazette and in a newspaper circulating in the locality in which the service is situated. (2.) Such application, if made, shall be made not less than one year before the expiration of the period of the license or not less than one year before the expira- tion of any subsequent period of renewal of the license, and shall be made under and in compliance with the provisions of this Part of this Act relating to applications for licenses. (3.) Upon receipt of an application under subsection one of this section, the Commissioner shall, having regard M

354 TRANSPORT. PART IV.- LICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, FOR THE CARRIAGE OF PASSENGERS, OR GOODS, to the convenience and requirements of the public and OR BOTH PASSENGERS to the representations, if any, made by the applicant AND GOODS. and the licensee, or either of them- (a) Determine whether he will grant or refuse to grant the application; and (b) If he determines to grant the application, also determine the vehicles and other property wholly or partly used by the licensee in or for the purpose of carrying on the licensed service which will be required by the applicant for use in carrying on the service on and after the issue of a license in pursuance of the application. Such determination shall be made and notice thereof (accompanied, if the determination is to issue a license to the applicant, by particulars of the vehicles and other property in respect of which the Commissioner has made the determination specified in paragraph (b) of this subsection) shall be delivered to the applicant and the licensee not later than six months before the expiry date of the license or, as the case may be, the renewal of the license. (4.) A licensee shall not, at any time after the delivery to him of notice of an application under sub- section one of this section, sell, lease, assign, or part with the possession of the licensed service to which such application relates, or any vehicle or other property which the applicant considers it will require for use in carrying on the licensed service if the license therefor is issued to it pursuant to the application unless the Commissioner has determined prior to such time- (i.) That he refuses to issue a license for such service to the applicant; or (ii.) As respects any such vehicle or other property that such vehicle or other property will not be required by the applicant for use in carrying on the service when the applicant is licensed so to do; or unless he has received the prior consent in writing of the Commissioner to such sale, lease, assignment, or parting with possession. (5.) If the Commissioner determines to grant an application made under this section- (i.) The subsisting license shall continue in force until the then period thereof, or, as the case may be, of the renewal thereof expires by

TRANSPORT. 355 1946. PART IV.- State Tra.nsport Facilities Act. LICENSING OF SERVIOES FOR THJI CARRIAGlil OF PASSENGERS, effluxion of time unless such license is sooner OORR GBOOOTD! [ S, cancelled, suspended, or surrendered under PAANSDSEGNOGOEDRSS. and pursuant to the provisions of this Part of this Act, but such license shall not be further renewed; (ii.) A license to provide and carry on the service in question shall be issuedto the applicant, the period of such license to commence forthwith upon the expiration of the subsisting li0ense ~ Provided that if the subsisting license is cancelled or surrendered such license shall be issued to the applicant forthwith upon such cancellation or surrender; (iii.) From and after the date upon which the period of the license issued to the applicant commences all vehicles and other property which the Commissioner has determined will l ! fboer ruesqeuiirnedcbaryrytihneg aopnplitchaentlicase. ntshede lsiecrevnisceee, and available for such use at such date, shall become vested in the Local Authority, instrumentality, or corporation to which the license has been issued, discharged from all trusts, obligations, contracts, mortgages, or other encumbrances, claims, estates, or interests whatsoever, and the right, title, estate, or interest of the former licensee and every other person in or to such vehicles and other property shall be taken to have been converted into a claim for compensation under this Part of this Act. Every such person shall on asserting his claim as prescribed, and making out his right, title, estate, or interest in respect of such service, vehicles, or other property be entitled to compensation from the Local Authority, corporation, or instrumentality. 48. (1.) When a license to provide and carry on Com- any licensed service is issued to a Local Authority, pensatioa. corporation, or instrumentality pursuant to the pro- visions of section forty-seven of this Act, the former licensee shall, subject to this section, be entitled to be paid compensation in respect of all vehicles and other property which were necessary for use and which were being used in or for the purpose of carrying on such service upon the date upon which his license expired.

356 TRANSPORT. PART IV.- LICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17. FOR THE CARRIAGE OF PASSENGERS, OR GOODS, OR BOTH Such Local Authority, corporation, or instru- APANSDSIIGlNOGOEDRSS. mentality and such former licensee may agree upon such vehicles and other property, and, subject to the approval of the Commissioner, such agreement shall be binding upon the parties thereto. If they fail to so agree or if the Commissioner refuses to approve of the agreement made by them, the Commissioner shall determine such vehicles and other property. (2.) The total compensation payable by the Local Authority, corporation, or instrumentality to which the license is issued to the former licensee shall be the sum of the following amounts, that is to say : - (i.) The value as at the date when taken of the vehicles and other property taken and vested in such Local Authority, corporation, or instrumentality; and (ii.) The aggregate amount, if any, by which the loss of the license diminished the respective values of all or any such vehicles and other property as (it having been agreed or deter- mined were necessary for use and were being used in or for the purpose of carrying on the licensed service upon the date upon which the license of the former licensee expired) are not taken and vested in such Local Authority, corporation, or instru- mentality; and (iii.) (If the former licensee was the original grantee of the license or obtained the original license by transmission by death and proves that he carried on the business at all times efficiently and in compliance with the license therefor and in such manner that the requirements of the public were not at any time prejudiced by profits taken by him from the business), five per centum of the sum of the amounts referred to in paragraphs (i.) and (ii.) of this subsection multiplied by the number of years comprised in the period during which the license (including any renewal or renewals thereof) was or were in force but in no case exceeding five years.

TRANSPORT. 357 PAR!!! IV.- 1946. State Transport Facilities Act. LICENSING Olr SERVICES IrOB !rIIB CAIlJUAGE 01' (3.) The diminution in the value of any vehicle or Pt= 8: O~ : t other property resulting from the loss of the license shall p~ : a: ~ : i' B~ be the difference, as at the date of such loss, between- AND GOODS. (i.) The amount which would be the fair market value of such vehicle or other property if a market were available for its sale for continued use for a purpose similar to that for which the former licensee was using it at such date; and (ii.) The amount which would be the fair market value of such vehicle or other property if a market as specified in paragraph (i.) of this subsection were not available. A licensee who claims compensation for diminution in the value of any vehicle or other property must establish that a market as specified in paragraph (i. )ofthis subsection for such vehicle or other property is not available. (4.) Subject to subsections two and three ofthis section, the amount of compensation may be agreed upon between the Local Authority, corporation, or instrumentality to which a license has been issued and the former licensee, and, subject to approval by the Commissioner, such agreement shall be binding upon the parties thereto. If such parties cannot agree or the Commissioner refuses to approve of the agreement made by them, the amount of compensation shall be determined by the Land Court, which, subject to the provisions of subsections two and three of this section, for that purpose shall have and may exercise the jurisdiction conferred upon it by *" The Public Warks Land Resumption Acts, 1906 to 1940," which Acts shall, subject to all necessary modifications, apply and extend accordingly: Provided that the former licensee shall make to such court his claim for compensation not later than one year after the date upon which he lost the license. (5.) The Land Court may, notwithstanding any other Act or law or rule or process of law, order payment of the costs of the proceedings before it : Provided that if the amount of the compensation as determined by it is the amount claimed by the former licensee or is nearer to such amount than to the amount offered by the Local Authority, corporation, or instrumentality, costs (if any) shall be awarded to the licensee, otherwise costs (if any) shall be awarded to the Local Authority, corporation, or instrumentality. * 6 E. 7 No. 14 and amending Acts.

.358 TRANSPORT. PART IV.- I.ICENSING OF SERVICES State Transport Facilities Act. 11 GEO. VI. No. 17, FOR THE CARRIAGE OF PASSENGERS, OR GOODS, (6.) Any Local Authority, corporation, or instru- PAOSRSEBNOGTEHRS mentality to which is issued a license for a licensed AND GOODS. service shall pay to the Commissioner all costs incurred by the Commissioner with respect to the issue of such license, and the Commissioner may recover any unpaid PART V.- amount of such costs as a debt. CARRIAGE OF PASSENGERS, OORR GBOOOTDHS, PART V. --CARRIAGE OF PASSENGERS, OR GOODS, OR PASSENGERS AND GOODS BOTH PASSENGERS AND GOODS BY WATER OR BY AIR. BY WATER OR BY AIR. Division I.-Water Transport. Division 1.- Water 49. (1.) The Commissioner may from time to time He T g ra u n l s a p t o io rt n . prohibit the carriage of passengers, or goods, or both 0f water passengers and goods by water upon any of the inland transport. or coastal waters of this State or partly upon any such inland and partly upon any such coastal waters except under and in accordance with the terms and conditions of a license under this Part of this Act. Notice of such prohibition shall be published in the Gazette and such notice shall specify the waters to which the prohibition relates, either by reference to places or in any other manner sufficiently identifying such waters. As respects goods any such prohibition may relate to any class or classes of goods and, in that event the notice of the prohibition published in the Gazette shall also specify such class or classes of goods. (2.) The provisions of this Part of this Act shall not apply to or in respect of any vessel which while carrying passengers, or goods, or both passengers. and goods from one place to another within this State is navigated outside the coastal waters of this State. Commis- sioner may license the oarriage of pasgengers Qnd goods by water. 50. Subject to this Act, the Commissioner may- (i.) License any person to provide and carry on a service for the carriage of passengers, or goods, or both passengers and goods upon any of the inland or coastal waters of this State or partly upon any such inland and partly upon any such coastal waters specified in a notice published in the Gazette under section forty-nine of this Act; and (ii.) Approve of the vessels to be used for the purpose of carrying on such licensed service; and (iiL) Authorise persons to operate such approved vessels.

TRANSPORT. .359 PART V.-'- 1946. State Transport Facilities Act. CARRIAGE OF P ASSIilNGERS, OR GOOD~ , OR BO'l'H A vessel shall not be so approved or its approval PAANSDSEGNOGOIlDRSS continued in force unless all other laws and regulations OBYR'BWy: A, ATJmiR. relating to such vessel and its operation have been Divi W sio a n ter 1.- and are at all times complied with. Transport. 51. Subject to the necessary modifications the Application' provisions of Part IV. of this Act shall apply and of Part. extend to and in respect of all waters to which any prohibition under this Part of this Act extends, all vessels navigating such waters, all persons owning or operating such vessels, and the carriage of passengers, or goods, or both passengers and goods in or upon such vessels. Division II.-Air Transport. Division II.- Tru!!;orl. 52. The Commissioner may from time to time ~ e~ lation prohibit the carriage of passengers, or goods, or both ~ ra~ ~ port. passengers and goods by air from any place within this State to a,ny other place within this State, except under and in accordance with the terms and conditions of a license under this Part of this Act. Notice of such prohibition shall be published in the Gazette and shall specify the places between which such carriage is prohibited. As respects goods any such prohibition may relate to any class or classes of goods and, in that event the notice of the prohibition published in the Gazette shall also specify such class or classes of goods. 53 Subject to this Act the Commissioner may- Loficaeinrsing (i.) License any person to provide and carry on a transport. service for the carriage by air of passengers, or goods, or both passengers and goods between places specified in any notice published in the Gazette under section fifty-two of this Act.; and (ii.) Approve of the aircraft to be used for the purpose of carrying on such licensed service. An aircraft shall not be so approved or its approval continued in force unless all laws and regulations of the Commonwealth in force in this State pursuant to *" The Air Navigation Act, 1937," of this State relating to such aircraft and its operation have been and are at, all times complied with. * 1 G. 6 No. 8.

360 TRANSPORT. PART V.- CARRIAGE 01' PASSENGERS, State Transport FaciUties Act. 11 GEO. VI. No. 17, OR GOODS, OR BOTH :Arx:. ~ EJg~:: 54. Subject to the necessary modifications, the ~ i provisions of Part IV. of this Act shall apply and extend DiviBfi~II. - to and in respect of all aircraft carrying passengers, or Tra. ~ t. goods, or both passengers and goods between places ~ fl~~ ~rlOn specified in a notice published in the Gazette under . section fifty-two of this Act, all persons owning or operating such aircraft, and the oarriage of passengers, or DiviBi~ ~ e~ II. - goods, or both passengers and goods upon such aircraft. Tran8Port b! l Il A n i Ila ~ f o JJ r } W 'u a l ter D W ' ~ . 8 . wn III . - Wh en T ransport b y A ~ ' r or W ater un 1 aWJ ,f, u 1 . Offences in relation to 55. It shall be unlawful to carry passengers, or goo d S, tbransport or both passengers and goods by water or air at any time byywaiar. teror W hen such carri.age I.S prohl' bI'tedby the Comml. ss.loner. If any owner of a vessel or aircraft carries or permits or allows to be carried in or on any vessel or aircraft any passengers, or goods, or both passengers and goods at any time when such carriage is unlawful, such owner shall be guilty of an offence and liable to a penalty PART VI.- of not more than one hundred pounds. PERMlT TO USE VEHIOLE POR LPEIMRIITOEDD. PART VI.-PERMIT TO USE VEHICLE FOR LIMITED PERIOD. \ fP l o e er e rm l v im eiht i i t tc e ol d e perio 5 d 6 n . ot (1 e . x ) cTeehdeinCgoomnme imssoionntheromf aanyypveermhiictlethheeruesienfaofrtear period. in this section specified for any purpose specified in this section in relation to such vehicle, that is to say:- (i.) Any vehicle for any purpose (including any purpose of a licensed service) specified by the Commissioner; (ii.) Any vehicle carrying any passenger for a purpose which the Commissioner has deter- mined is a charitable purpose; (iii.) Any vehicle carrying any passenger for a purpose which the Commissioner has deter- mined is a public purpose or a purpose of a like nature; (iv.) Any vehicle approved for use in carrying on a licensed service- (a) Operating on any road specified by the Commissioner other than a road on which the operation of such vehicle is authorised by the license: Provided that such vehicle is being operated upon such specified road for a purpose of such service and under and in accordance with the terms and conditions of the license therefor; or

TRANSPORT. 361 1946. PART VI. ~ State Transport Facilities Act. PERMIT TO USE VEHICLE FOR; I,IMITED PERIOD. (b) For a purpose which is not a purpose of the licensed service. (2.) A permit under this Part of this Act shall be in writing and shall be issued subject to such terms and conditions as may be determined by the Commissioner and specified in the permit, but no such permit shall be issued unless the applicant satisfies the Commissioner that a certificate of registration of the vehicle under *"The Main Roads Acts, 1920 to 1943," and the regulations thereunder is in force and that the vehicle is appropriately insured under and in accordance with t" The Motor Vehicles Insurance Acts, 1936 to 1945," and the regulations thereunder. 57. (1.) The Commissioner may require any holder W: h~ n Com· of a l~ cense f<?r a licensed service to ~ ake any" passenger- ~ ~ I~ ~ ~ cire carrymg vehIcle approved for use m carrymg on such carriage of service available for use for such purpose relating to the passengers. carriage of passengers as is specified by the Commissioner. (2.) The Commissioner shall issue to such licensee a permit under this Part of this Act to use for such purpose the vehicle specified in such permit and to so use it under and subject to such terms and conditions (including fares or hire payable, the time and manner of carrying out such purpose, and the fee, if any, payable for such permit) as are specified in the permit. (3.) A licensee who fails to carry out the purpose under and in accordance with the terms and conditions of the permit shall be guilty of an offence and moreover shall be deemed to have contravened the terms and conditions of his license for the licensed service and may be dealt with accordingly. 58. In considering whether he will issue or refuse Consider. to issue a permit under this Part of this Act (the Commis- ?tions re sl,Oner, except as otherw'lse provl' ded' In thI' S P ar. t 0 f thI' S Ipsesrume iot. f Act, being hereby authorised to issue or refuse to issue any such permit at his discretion) the Commissioner shall have regard to the following matters ;- (i.) The type and condition of the vehicle or vehicles proposed to be used to carry on the service; * 10 G. 5 No. 26 and am6nding Acts, tIE. 8 No. 31 and amending Acts.

TRANSPORT. PART VI.- PERMIT TO USI<: YEHICLE FOR LIMITED PERIOD. State Transport Facilities Act. 11 GEO. VI. No. 17, (ii.) The amount proposed to be charged by the operator of the vehicle for the carriage of such passengers and/or goods; (iii.) Any other factors which the Commissioner thinks should be taken into account. Fee for permit. 59. The fee (if any) payable for the issue of a permit under this Part of this Act shall be as prescribed or, insofar as not prescribed, determined by the Com- missioner, but shall not exceed the following ;- (i.) For the carriage of passengers where there is available an alternative service which is adequate and fully convenient to the persons for the carriage of whom the application for the issue of the permit is made, both as to the times of departure on the forward and return journeys and as to the period occupied on the journey, one penny per each passenger for each mile of the journey ; (ii.) For the carriage of passengers in circumstances other than the above, one half of a penny per each passenger for each mile of the journey; (iii.) For the carriage of goods, three pence for each ton of the capacity of such vehicle for each mile any of such goods are carried; (iv.) In the case of a permit for the carriage of Loth passengers and goods upon a vehicle, paragraph (i.) or according to the circum- stances paragraph (ii.) of this section shall apply as respects the carriage of passengers and paragraph (iii.) of this section as respects the carriage of goods. PART VU.- SAFETY PROVISIONS. PART VII. --SAFETY PROVISIONS. Limits of 60. (1.) It shall not be lawful for any person to edo1\nivtiinnguous operate or cause or permit any person employed by him hOUrH. or subject to his orders to operate any vehicle which is used for any purpose of a service licensed under this Act for the carriage of passengers, or for the carriage of goods, or for the carriage of passengers and goods- (a) For any continuous period of more than five and one-half hours; or (b) For continuous periods amounting in the aggregate to more than eleven hours in respect of any period of twenty-four hours com- mencing at midnight; or

1946. TRANSPORT. State Transport Facilities Act. PART VII.- SAFETY PROVISIONS. (c) So that the operator has not at least ten consecutive hours for rest in any period of twenty-four hours calculated from the commencement of any period of operating; (d) So that the operator has not at least twenty- four consecutive hours for rest in any period of seven days. For the purposes of this subsection- (e) Any two or more periods of time shall be deemed to be a continuous period unless separated by an interval of not less than one half-hour in which the operator is able to obtain rest and refreshment; (j) Any time spent by the operator on other work in connection with a vehicle or the load carried thereby, including in the case of a vehicle used for the carriage of goods, any time spent on a vehicle while on a journey in any other capacity than as a passenger shall be reckoned as time spent in operating ; (g) As respects the provisions of this subsection which relate to the number of consecutive hours for rest which an operator is to have in any specified period of time, time during which the operator is bound by the terms of his employment to obey the directions of his employer or to remain on or near the vehicle, or during which the vehicle is at a place where no reasonable facilities exist for the operator to rest away from such vehicle, shall be deemed not to be time that the operator has for rest: Provided that where circumstances occur whereby the operator is compelled to camp either in or near the vehicle such time so occupied by him shall be deemed to be time that the operator has for rest. ' ", (2.) A person shall not be liable for a breach of this When no section if he proves to the court that the contravention liabilityJfor was due to unavoidable delay in the completion of any brea.ch. journey arising out of circumstances which he could not reasonably have foreseen.

364: PART VlI.-, 8ulI'I!Y l'BoVlSlONS. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, Safety of passenger vehicles. 61. (1.) A person shall not carry or permit or allow to be carried passengers in or upon any vehicle at any time unless at that time such vehicle is so con- structed and equipped and in such condition that such passengers are being safely carried therein or thereon. This subsection shall apply to and with respect to all vehicles and no provision of any other Part of this Act or of any license, approval, authority, or permit issued under any provision of any other Part of this Act shall authorise or be deemed to authorise any person to use or operate any vehicle carrying passengers at any time unless such vehicle is at such time being used or operated in compliance with the provisions of this subsection. (2.) The Commissioner shall not approve of the use of any vehicle for carrying on any licensed service unless such vehicle is constructed and equipped in accordance with the requirements of the regulations, and the Commissioner shall cancel the approval of any such vehicle if such vehicle or any of its equipment is at any time not being maintained in accordance with such requirements: Provided that the Commissioner may approve of a vehicle which does not comply in full with the require- ments of the regulations if he is satisfied that such non-compliance is due to circumstances beyond the control of the licensee, and that the use of such vehicle for carrying on the service is essential, and that such use would not endanger the public: Provided further that the Commissioner shall cancel every approval of a vehicle which does not comply with the requirements of the regulations as soon as, in his opinion, such compliance is reasonably possible in respect of such vehicle. Protection of goods. 62. The licensee of a service for the carriage of goods, or of both passengers and goods, shall protect all goods carried on any vehicle approved for use in carrying on such service against damage either by weather or otherwise, and for such purpose shall provide all necessary tarpaulins and coverings as may be prescribed or, in so far as not prescribed, directed by the Commissioner.

1946. TRANSPORT. State Transport Facil:ities Act. 365 PART VII.- SAFETY PROVISIONS. 63. The licensee of a service for the carriage of Comfor:t and both passengers and goods shall at all times ensure that ~ ~ nveIDence passengers carried on vehicles approved for use for pa.ssengers carrying both passengers and goods in the course of ~ ~ h1~ = such service shall be provided with safe seating and he . shall ensure that the comfort and convenience of such passengers are provided for to the satisfaction of the Commissioner in such manner as the Commissioner may require or as may be prescribed. 64. In any case in which the Commissioner issues a S~fety of license for a service for the carriage by air of pas~e~gers, :!vices. or goods, or both passengers and goods, a condItIOn of the license shall be deemed to be that all laws and regula- tions of the Commonwealth in force in this State pursuant to *"The Air Navigation Act, 1937," of this State relating to aircraft and their operation shall be complied with in respect of all aircraft approved for use in carrying on such service at all times during which such license is in force. Such approval shall as respects any aircraft be deemed to be not in force at any time when any such law or regulation of the Commonwealth is not being complied with. 65. The Commissioner may inquire, to such extent Inquiries am .' sch 1 uedsm' haglltthheinckaunseece 0 sfs,aarny dort dheesiCr.aIrbcluem, isntatoncaensyaatctecniddeanntt, i p aC n a t C s ~ s l d eenngte s r t 0 upon, any accident happening to any vehicle approved vehicles. for use in carrying on a service for the carriage of passengers, or goods, or both passengers and goods, or while being operated in pursuance of a permit granted under this Act. PART VIII. -ADMINISTRATION. PART VIII.- ADi!!INlSTRA' TION. 66. (1.) Any person who contravenes or fails to General comply with any provision of this Act or of any regula- penalty. tion made under this Act or who contravenes or fails to comply with any provision, term, or condition of any license, permit, certificate, or authority issued under this Act shall be guilty of an offence and liable, if a specific penalty is not prescribed in respect of such Qffence, to a penalty of not more than fifty pounds and liable in addition, if such offence is continued after a conviction therefor, to a further penalty of not more than ten pounds for each and every day during which such offence is so continued. .. 1 G. 6 No. 8.

366 TRANSPORT. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - ADMINISTRA' TION. State Transport FaciUties Act. 11 GEO. VI. No. 17, (2.) All penalties imposed under or in pursuance of this Act, and any unpaid amount of any fee due and payable in respect of any license, permit, or otherwise under or in pursuance of this Act, may be recovered in a summary way by complaint under *" The Justices Acts, 1886 to 1945: " Provided that the Commissioner may, in lieu of proceedings as aforesaid, recover the unpaid amount of any such fee by action as for a debt in any court of competent jurisdiction. (3.) Notwithstanding any provision of any other Act, if a person is convicted of an offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty. Regulations. 67. (1.) The Governor in Council may from time to time make all such regulations as he deems necessary or convenient for the purpose of carrying this Act into execution. Schedule. 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, hut no such penalty shall exceed one hundred pounds. 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. (2.) Regulations may be made upon the passing of this Act. Service of determina· tions. 68. (1.) Every determination made by the Commis- sioner under this Act, or notice of the rescission by the Commissioner of any such determination, may be published in the Gazette, and upon such publication shall be judicially noticed and shall be sufficiently served upon all persons affected by such determination or rescission of a determination. * 50 V. No. 17 and amending Acts.

1946. TRANSPORT. State Transport Facilities Act. 367 PART VnI.- ADMINISTRA- TION. (2.) Every determination made under this Act not published in the Gazette, affecting a person or persons individually, or notice of the rescission of such deter- mination, shall be sufficiently served if a copy of such determination or notice of such rescission is delivered to such person or, if more persons than one are affected, to each such person. (3.) The foregoing provisions of this section shall not apply with respect to determinations by the Commissioner of any provision, term, or condition of a license, permit, authorisation to use a vehicle, certificate of approval, or authority to operate an approved vehicle where such provision, term, or condition is set out in the document concerned. (4.) The Commissioner may rescind any deter- mination made by him under this Act or may by a further determination modify any such determination. (5. ) No misnomer or inaccurate description or ()mission contained in any determination made by the Commissioner under this Act shall in anywise prevent ()r abridge the operation of this Act with respect to the subject-matter of such determination, provided the same is designated so as to be understood. (G. ) No determination purporting to be made under this Act and being within the powers conferred on the Commissioner shall be deemed to be invalid on account of non-compliance with any of the matters required by this Act as preliminary to the same. 69. All Proclamations, Orders in Council, and Procla.ma.- regulations made or purporting to have been made ~ ions, Or~ ers under this Act shall be published in the Gazette, and :!dc:e=: thereupon shall be judicially noticed and such publication tions. shall be conclusive evidence of the matters contained therein. Any such Order in Council may be rescinded, modified, or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. All Proclamations, Orders in Council, and regulations 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.

368 PART VIII.- ADIdINISTRA- nON. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, Annual report. 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, or regulation 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. 70. The Commissioner shall, as soon as practicable after the termination of each financial year, present a report to the Minister setting forth particulars of action taken under the Act and any general information regarding matters relating to transport in the State as the Commissioner deems advisable. A copy of each such report shall be laid before the Legislative Assembly if Parliament is sitting when the report is presented or if Parliament is not then sitting within one month after Parliament again commences to sit. SOHEDULE. General. Classifica- tion of approved vehicles. Issue of licenses, &c. Identifica- tion of approved yehicles. SCHEDULE. Subject-matters for Regulations. 1. Prescribing all matters which by this Act are required or permitted to be prescribed for carrying out or giving effect to any nrovision of this Act. 2. The classification of vehicles to which this Act applies; prescribing conditions (including conditions designed to secure the safety of the public and their goods), to which vehicles must conform before being approved for use in carrying on any licensed service, including amongst any other matters deemed desirable or convenient the construction of the vehicle, its weight, its maximum load or carrying capacity, its height, its length, width, and overhang, the description of its wheels and its motive power; prohibition of the issue of certificates of approval or permits in respect of and the cancellation of the certificates of approval or permits of vehicles which do not conform to the prescribed conditions. 3. Fixing the times and places for the issue of licenses and renewals of licenses, certificates of approval of vehicles, and certificates of authority to operate approved vehicles. 4. Providing for the identification of vehicles approved for use in carrying on any licensed service, and in particular providing for, regulating, and controlling the size, shape, and character of identifi- cation marks to be fixed to such vehicles and the mode in which they are to be fixed.

1946. TRANSPORT. State Transport Facilities Act. 369 SCHEDULE. 5. Prescribing conditions (including conditions designed to Safety and secure the safety of the public and their goods) to which vehicles mainte~ ance approved for use in carrying on any licensed service must conform. of vehicles. Providing that licensees shall at all times maintain such vehicles in good mechanical order, safe condition, and reasonably good appear- ance, shall provide for the safety and comfort of passengers carried in or on such vehicles, and providing that the Commissioner may issue orders directing licensees to effect repairs to and/or recondition such vehicles, and where it is considered expedient so to do directing that such vehicles be not used until such repairs and/or reconditioning are or is effected, and providing that licensees shall obey such orders. 6. Providing for the proper illumination at night time of Illumination. identification marks or numbers of vehicles approved for use in carrying on any licensed service. 7. Providing for, regulating, and controlling the carriage of Dangerous dangerous goods. goods. 8. Prohibiting or regulating the transhipment of goods and/or Tranship- passengers in transit. ment. 9. Providing for the registration of depots for goods which have Depots. been or are to be carried by any licensed service and of booking offices for passengers to be carried by any licensed service, and regulating and controlling the use of such depots and booking offices, including the hours of operation thereof. 10. Providing for and controlling and regulating the seizure and Seizure of sale, notwithstanding any change in ownership, of any motor vehicles. vehicle- (i.) Used for the purpose of carrying on any licensed service at any time when all fees due and payable in respect of the license have not been duly paid; or (ii.) Used for the purpose of continuing an offence against this Act after conviction therefor. 11. The appointment of persons, whether or not employees of any Inspectors. Department of State, to be authorised officers or inspectors under and for all or any of the purposes of this Act; defining the powers, authorities, and duties of authorised officers and inspectors; requiring owners and persons in charge of registered depots or booking offices or vehicles, whether approved for use in carrying on a licensed service or not, to permit and aid in the inspection of such registered depots or booking offices and/or any goods or books or records therein or thereat or in the inspection and weighing of such vehicles and/or in the inspection, weighing, and measuring of all goods in or upon any such vehicle, and to answer questions put by authorised officers and inspectors and to furnish to authorised officers and inspectors such information as they may require for the purposes of enabling them to perform their functions under this Act; requiring such owners and persons in charge to state when so requested by an authorised officer or inspector their names and places of abode, and on demand to produce the certificate of approval of the vehicle concerned and the authority to operate such vehicle. 12. Providing that every passenger being conveyed in or on any Inspection of vehicle approved or permitted for use in carrying on a licensed tickets. service shall on demand produce to an authorised officer or inspector the ticket entitling him to such conveyance.

370 SCHEDULE. TRANSPORT. State Transport Facilities Act. 11 GEO. VI. No. 17, 1946. Tickets, 13. Controlling and regulating the obtaining, printing, supplying, stamps, &c. and use of tickets, stamps, consignment notes, waybills, and other documents required to be used by licensees; prohibiting any such tickets, stamps, consignment notes, waybills, or other documents from being obtained, printed, supplied, or used otherwise than in accordance with such regulations; and the form and manner of the keeping by licensees and other persons specified in the regulations of records of all such tickets, stamps, consignment notes, waybills, and other documents and of thc obtaining, printing, supplying, and use thereof. Returns. 14. The returns and information to be furnished to the Commis- sioner; the form in which any such return or information is to be so furnished, and the persons by whom and the times at which any such rE'turn or information is to be so furnished. Checking of 15. Authorising checking of the weights of vehicles approved or weights. permitted for use under this Act found upon any road and of the load carried upon or in any such vehicle; and providing for the use of instruments for the purpose of such check weighing. Forms of 16. Prescribing the form of license to be issued in respect of a licenses, &c. licensed service, the form of certificates of approval for vehicles used for the purpose of carrying on a licensed service, and the form of certificates of authority to persons to operate such approved vehicles; the form in which the notification of any alteration in a licensed service or of alteration of the terms and conditions of the certificate of approval of any approved vehicle shall be notified to the licensee of the licensed service. Forma. 17. Prescribing forms for the purposes of this Act. Proof. 18. The mode and onus of proof of matters required to be proved under and for the purposes of this Act and for facilitating such proof; for the purpose of nny proceedings under this Act dispensing with proof of any formal matters as of handwriting or of documents or of authority. Penalties. 19. The amount of any penalty for any offence against the regulations: Provided that any such amount shall not exceed one hundred pounds or in the case of a daily penalty ten pounds a day. Water and 20. The power to make a regulation under this Schedule shall, air services. subject to all necessary modifications, apply so as to enable the like regulation to be made with respect to any service licensed under this Act for the carriage of passengers, or goods, or both passengers and goods by air or by water, or any such carriage permitted under this Act, the carrying out of such service, and all aircraft or, as the case may be, vessels and persons engaged in carrying out such service or such permitted carriage. VALUATION OF LAND. See LAND.