State Transport Facilities Acts Amendment Act of 1951 (15 Geo Vi No. 15) (Qld)

TRANSPORT. 15 GEO. VI. No. 15, 1951. State Transport Facilities, Etc., Act. STATE TRANSPORT FACILITIES. See TRANSPORT. 295 TRANSPORT. An Act to Amend "The State Transport Facilities 15 N G o E . O1. 5V. I. Acts, 1946 to 1947, " in certain particulars. T T R H A E NSSTPAOTRET FACILITIES ACTS [ASSENTED TO 5TH APRIL, 1951.] AMAECNTDM O E F NT 1951. 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:- 1. This Act may be cited as " The State Transport Short title Facilities Acts Amendment Act of 1951," and shall be : ~ ~ struction. read as one with *" The State Transport Facilities Acts, 1946 to 1947," herein referred to as the Principal Act. The Principal Act and this Act may collectively Collective be cited as "The State Transport Facilities Acts, 1946 title. to 1951." 2. Section thirteen of the Principal Act is amended Amendment by inserting before the words "he absents himself" ofa. 13. where those words appear in paragraph (iii.) of that section the words" or on extended leave granted by the Governor in Council ". 3. Subsection one of section twenty-three of the Amendment Principal Act is repealed and, in lieu of that repealed of s. 23. subsection, the following subsection is inserted, namely:- "(1.) A person shall not use or permit or allow to be used on any road at any time a vehicle for the carriage of passengers, or goods, or both passengers and goods unless at that time those passengers, or goods, or passengers and goods, as the case may be, are being carried upon that vehicle under and in accordance with a provision of this Part of this Act." * 11 G. 6 No. 17 and amending Acts.

296 TRANSPORT. State Transport Facilities, Etc., Act. 15 GEO. VI. No. 15, Amendments of s. 24. 4. Section twenty-four of the Principal Act is amended- (a) By repealing paragraph (2) of that section and by inserting, in lieu of that repealed paragraph, the following paragraphs, namely :- " (2.) Any motor car (except a motor car in respect of which a license to hire under and within the meaning of *" The Traffic Act of 1949," is in force) equipped for the carriage of not more than seven persons when that motor car 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 I ii.) While that motor car is being used in or for any purpose ofany profession, trade or business. (2A) Any motor truck, when that motor truck is carrying for domestic, private or family purposes only, passengers not more than six of whom are persons who are neither members of the family of the owner at that time of that motor truck nor persons ordinarily residing with and dependent upon that owner and that motor truck is not carrying any passenger- (i.) For hire or reward or for any consideration whatsoever; or (ii.) While that motor truck is being used in or for any purpose of any profession, trade or business. (2B) Any motor car in respect of which a license to hire under and within the meaning of *" The Traffic Act of 1949" is in force when that motor car is carrying passengers who are members of the family of the operator at that time of that motor car or who ordinarily reside with and are dependent upon him and that motor car is not carrying any passenger for hire or reward or for any consideration whatsoever ". (b) By inserting in paragraph (6) of that section after the words " tools of trade " the words and brackets "(being tools designed for use by hand}". * 13 G. 6 No. 26.

TRANSPORT. 1951. State Transport Facilities, Etc., Act. (c) By repealing the words " Any vehicle licensed under *" The Traffic Acts, 1905 to 1933," or by any Local Authority as a taxi-cab or private hire car" where those words appear in paragraph (8) of that sectIOn and by inserting, in lieu of those repealed words, the words "Any vehicle in respect of which a license to hire under and within the meaning of t" The Traffic Act of 1949," and the regulations thereunder is in force"; and by also repealing in the said paragraph (8) the words "where such vehicle is so licensed" and inserting, in lieu of those lastmentioned repealed words, the words " specified in that license to' hire". (d) By adding to paragraph (9) of that section the following subparagraph, namely;- "This paragraph (9) shall apply so as not to authorise milk to be carried by a vehicle on a road between one factory as defined in t" The Dairy Produce Acts, 1920 to 1944," or in any Act passed in amendment of or substitution for that Act, and another such factory; " (e) By repealing paragraph (13) of that section. cn By adding to paragraph (21) of that section the following subparagraph, namely;- . "Where goods other than raw sugar are carried or are being carried for a distance exceeding the standard distance or a notified distance applicable consequent on a variation from the standard distance made by the Commissioner, then this paragraph shall apply so as not to authorise those goods to be carried for so much of that excessive distance as does not exceed the standard distance or, as the case requires, the applicable notified distance either upon one and the same vehicle or, by transhipment from one to another, upon two or more vehicles; " (g) By repealing paragraph (22) of that section and by inserting, in lieu of that repealed paragraph, the following paragraph, namely;- " (22) Any vehicle carrying goods between places if in the carriage of similar goods between those places those goods cannot be carried * These Acts repealed by " The Traffic Act oJ 1949 " (13 G. 6 No. 26). t 13 G. 6 No. 26. :j: 10 G. 5 No. 15 and amending Acts. 297

298 TRANSPORT. State Transport Facilities, Etc., Act. 15 GEO. VI. No. 15, whether directly or indirectly for more than fifteen miles by anyone of the following, that is to say:- (a) By rail; or (b) By a licensed service; or (c) Partly by rail and partly by a licensed service: Provided that the carriage by a vehicle of goods between places shall not be lawful under this paragraph in a case where those goods can be carried whether directly or indirectly for more than fifteen miles by rail, or by a licensed service, or partly by rail and partly by a licensed service. " Directly", in relation to carriage of goods, inch,ldes "the carriage by a route which is not a direct route but is a route whereon those goods are not required to be carried by road for more than fifteen miles for despatch by rail or by a licensed service or for delivery after carriage by rail or by a licensed service. " Indirectly", in relation to carriage of· goods, means the carriage by a route by which goods cannot be carried directly but which is a route reasonably adequate to meet the convenience and requirements of the public for the carriage of their goods between the places in question." "(h) By inserting after the words "while such vehicle is being used" where those words appear in paragraph (24) of that section the words and brackets" within the Area of that Local Authority (or if the vehicle is being used for a purpose of or connected with a work of that Local Authority situated outside its Area, upon the road ordinarily used in travelling the shortest route between its Area and the site of that work) ". Amendment 5. Section twenty-five of the Principal Act is of s. 25. amended by adding thereto the following subsection, namely:- Passengers' " (3.) At any time when it is lawful under this Act luggage. to use a vehicle on a road for the carriage of passengers it shall be lawful to carry on that vehicle- (a) Luggage consisting of wearing apparel and other personal effects of the passengers then being carried on that vehicle; and

TRANSPORT. 299 1951. State Transport Facilities, Etc., Act. (b) Food or drink for consumption by those :passengers on or in connection with their Journey: Provided that this subsection shall apply so as not to authorise the carriage as aforesaid of luggage, food, or drink for hire or reward or for any consideration whatsoever excepting a charge which may be lawfully made under this Act or *" The Traffic Act of 1949," and the regulations thereunder in respect of the luggage of a passenger carried for hire or reward." 6. Section twenty-seven of the Principal Act is Amendments amended- of 8. 27. (a) By repealing paragraph (ii.) of that section and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:- " (ii.) Approve of the vehicles to be used for the purpose of carrying on that licensed service but the Commissioner shall not approve of any such vehicle until the licensee satisfies him that such vehicle is appropriately insured under and in accordance with the provisions of t" The Motor Vehicles Insurance Acts, 1936 to 1945," and the regulations thereunder, and, in the case of a vehicle required to be registered under and in accordance with the provisions of t" The Main Roads Acts, 1920 to 1943," and the regulations thereunder relating to the registration of motor vehicles, that such vehicle is appropriately so registered; and ". (b) By repealing paragraph (iii.) of that section. 7. Subparagraph (vii.) of the second paragraph of Amendments section thirty-two of the Principal Act is amended- of s. 32. (a) By inserting after the words "discriminating between passengers" the words " or intending passengers ". (b) By inserting after the words "classes of goods carried " the words "or offered for carriage ". (c) By inserting before the words "under the influence ofliquor " the words" or intending passenger". (d) By inserting before the word" obnoxious" the words " or is likely to be ". * 13 G. 6 No. 26. tIE. 8 No. 31 and amending Acts. :/: 10 G. 5 No. 26 and amending Acts.

300 TRANSPORT. State Transport Facilities, Etc., Act. 15 GEO. VI. No. 15, Amendment ofs.34. 8. Section thirty-four of the Principal Act is amended by adding thereto the following subsections, namely:- itRnoefbotuermrnastiaonnd licens " e ( e . s 3.) Rtoeturthnes Canodmmiisnsfioornmeratiopnursfuuarnntishetod hbiys verified. requirements with respect to goods carried, freights charged, and other matters specified by the Commissioner shall be verified as prescribed or, in so far as not prescribed, directed by the Commissioner. ? ffe? ~ J~ (4.) A licensee or a person on behalf of a licensee o~ rms a se shall not furnish or permit or allow to be furnished to m~sleadi~ the Commissioner a return or information with respect re urns, c. to goods carried, freights charged, or any other matter specified by the Commissioner which is false or misleading in a material particular. Where a return or information as aforesaid which is false or misleading in a material particu1ar has been furnished to the Commissioner on beha1f of a licensee, both the licensee and the person who furnished that return or information shall be liable to be punished for that offence against this subsecticn." Amendments of s. 35. 9. Section thirty-five of the Principal Act is amended as follows :- (a) In subparagraph (b) of paragraph (iv.) of subsection two of that section the words and brackets " (not exceeding threepence per ton per road mile)" are repealed and the words and brackets " (not exceeding the one of the following which is the greater-that is to say, three pence per ton per road mile or twenty per . centum of the gross revenue derived from freights charged)" are inserted in lieu of those repealed words and brackets. (b) In subparagraph (b) of paragraph (v.) of the said subsection two the words and brackets "(not exceeding threepence per ton per road mile)" are repealed and the words and brackets " (not exceeding the one of the following which is the greater-that is to say, three pence per ton per road mile or twenty per centum of the gross revenue derived from freights charged)" are inserted in lieu of those repealed words and brackets

TRANSPORT. 1951. State Transport Facilities, Etc., Act. (c) The following subsection is added to that section, namely:- " (5.) The provisions of this section shall apply so as to authorise the Commissioner to determine differently the amounts or rates of the licensing fee payable by a licensee in respect of different parts as fixed by the Commissioner of one and the same licensed service. In and for the purpose of so applying the provisions of this section different parts as fixed by the Commissioner of anyone and the same licensed service shall each be deemed to be respectively a separate service licensed under this Act." amen I d O e d . Sasec £ t 0 i 1 o 1 on wthsi: r-ty-seven of the Principal Act is 0 A f m s e . n3d7m. ents (a) In the second paragraph of subsection one of that section the words" and such certificate or a certified copy thereof shall be carried" are repealed and the words" and the licensee shall cause that certificate or a certified copy thereof to be carried " are inserted in lieu of those repealed words. (b) Paragraph (i.) of subsection two of that section is repealed and the following paragraph is inserted in lieu of that repealed paragraph, namely:- " (i.) (In the case of a vehicle required to be registered under and in accordance with the provisions of *" The Main Roads Acts, 1920 to 1943," and the regulations thereunder relating to the registration of motor vehicles) a certificate that the vehicle is appropriately so registered is current at the date of approval; and ". (c) The following subsection is added to that section, namely:- " (4.) The Commissioner may make upon a certificate issued by him under this section endorsements as prescribed in relation to accidents in which the vehicle. for which the certificate has been issued is involved and the regulations may provide for, regulate, and control the making by the Commissioner of endorsements as aforesaid, the notification to the Commissioner of accidents as aforesaid, and the production to the Commissioner of certificates issued under this section for endorsement as aforesaid." * 10 G. 5 No. 26 and amending Acts.

302 TRANSPORT. State Transport Facilities, Etc., Act. 15 GEO. VI. No. 15, Repeal of and new 8. 40. Repeal of s.41. 11. Section forty of the Principal Act is repealed and, in lieu of that repealed section, thefollowingsection is inserted, namely : - " [40.] Nothing in this Act shall authorise or be deemed to authorise any person to drive a vehicle approved by the Commissioner for use in carrying on a licensed service at a time when that person does not hold a driver's license under and within the meaning of *" The Traffic Act of 1949," and the regulations thereunder~ applicable to that vehicle." 12. Section forty-one of the Principal Act is repealed. Amendment 13. Section forty-three of the Principal Act is of s. 43. amended by adding thereto the following subsection, namely:- " (4.) An application may be made under this section in respect of part only of a licensed service and the Commissioner, if he consents to the transfer as applied for- (a) May issue a new license for the part not transferred of that licensed service, or vary, amend, or alter the license so that it shall continue in force in respect only of the part not transferred of that licensed service; and (b) Shall issue a fresh license in respect of the part transferred of that licensed service." Repeal of 14. Section fifty-six of the Principal Act is repealed sa. n 5 d 6. new and the following section is inserted in lieu of that repealed section, namely:- Permit to " [56.1 (1.) The Commissioner may permit the use fuosre vehicle of a vehicle for a purpose specified by him. particular purpose. The Commissioner may issue a permit under this section subject to such terms and conditions as he shall determine, including terms and conditions requiring the permittee to furnish to the Commissioner, at such times as the Commissioner specifies, all such returns and information as the Commissioner requires with respect to passengers or goods, or both passengers and goods carried, fares, or freights, or both fares and freights charged, and other matters specified by the Commissioner. * 13 G. 6 No. 26.

TRANSPORT. 303 1951. State Transport Facilities, Etc., Act. (2.) The use of a vehicle for a period of time may be permitted under this section but so that such period shall not be for a longer time than reasonably necessary, in the opinion of the Commissioner, to effect the purpose for which the permit is issued. (3.) Where the payment of a fee is a condition of a permit issued under this section the Commissioner may, before issuing that permit, require the applicant to deposit with the Commissioner an amount fixed by the Commissioner in money or by way of a cheque drawn by a bank on itself as security for the payment of that fee. The amount of the deposit less any unpaid amount of the aforesaid fee shall be repaid to the permittee upon the expiration of the permit. (4.) (a) Returns and information furnished by~ eturns .and permittees to the Commissioner, pursuant to his ~ ~f~ :matlOn requirements, with respect to passengers, or goods, or verified. both passengers and goods carried, fares, or freights, or both fares and freights charged, and other matters specified by the Commissioner shall be verified as prescribed or, in so far as not prescribed, directed by the Commissioner. (b) A permittee or a person on behalf of a permittee OffeJ?-ce to shall not furnish or permit or allow to be furnished to i~ f!l~~ tthoepCasosmenmgiesrssi,onoerr gaoordetsu, ronr obr 0 tinhfopramssaetniognerws iatnhdregsopoedcst mreitsulrenasd,in&gc. carried, fares, or freights, or both fares and freights charged, or any other matter specified by the Commissioner which is false or misleading in a material particular. Where a return or information as aforesaid which is false or misleading in a material particular has been furnished to the Commissioner on behalf of a permittee, both the permittee and the person who furnished that return or information shall be liable to be punished for that offence against this subsection. (5.) The Commissioner shall not issue a permit under this section in respect of a vehicle unless the applicant therefor satisfies him that the vehicle is appropriately insured under and in accordance with the provisions of *" The Motor Vehicles Insurance Acts, 1936 to 1945," and the regulations thereunder and, in the case of a vehicle required to be registered under and * 1 E. 8 No. 31 and amending Acts.

304 TRANSPORT. State Transport Facilities, Etc., Act. 15 GEO. VI. No. 15, in accordance with the provisions of *" The Main Roads Acts, 1920 to 1943," and the regulations thereunder relating to the registration of motor vehicles, that such vehicle is appropriately so registered." Amendment of s. 59. 15. Paragraph (iii.) of section fifty-nine of the Principal Act is repealed and, in lieu of that repealed paragraph, the following paragraph is inserted, namely:- " (iii.) For the carriage of goods, the one of the following which is the greater-that is to say, three pence for each ton of the capacity of such vehicle for each mile any of such goods are carried or twenty per centum of the freight charges for the carriage ofthose goods;" New s. 66A 16. The following section is inserted after section inserted. sixty-six of this Act, namely ; - cLoianbsiiglintyo.ros f "[66A.] (1.) Where any goods have been carried and within Queensland byroad in contravention of this Act- consignees in respect of (a) T h e consignor of t h ose goods; an d goods unlawfully (b) If he takes delivery thereof in Queensland, carried by road. the consignee ofthose goods, shall be jointly and severally liable to pay to the Commissioner in respect of that carriage a fee of such amount as the Commissioner shall determine. In determining that fee the Commissioner shall have regard to the maximum amount of licensing fee which would have been imposable under section thirty-five of this Act in respect of the lawful carriage by road of the goods in question. Any amount of any fee fixed by the Commissioner under this section not paid to him upon demand made by him may be recovered by the Commissioner as a debt. (2.) A fee may be determined by the Commissioner and any amount thereof not paid to him upon demand may be recovered as aforesaid notwithstanding that a person has not been prosecuted or convicted for an offence under this Act in relation to the carriage by road of the goods in respect of which that fee was so determined. (3.) The amount of a fee paid by a consignor or consignee under this section may be recovered by him as a debt from the person who actually carried by road in contravention of this Act the goods in respect of * 10 G. 5 No. 26 and amending Acts.

TRANSPORT. 305 1951. State Transport Facilities, Etc., Act. which that fee was so paid, and may be so recovered notwithstanding that such person has not been prosecuted or convicted for that offence." 1 7. The Schedule to the Principal Act is amended- ~endments (a) By inserting after clause eleven of the said ~c~ ~~ule. Schedule the following clause, namely;- " [l1A.] Authorising, regulating, and controlling the entry by Further authorised officers and inspectors into or upon any premises used by powersto°f a licensee m. or e ~ or any purpofse 0 or ctonnec ed W · l th the carrym. g Inspec rs. on of the service licensed under his license; defining the powers of authorised officers and inspectors in respect of searching for, inspecting, and taking copies of or extracts from all or any books, documents, and records in or upon premises entered by authority as aforesaid which relate or apparently relate to the business of the licensed service carried on by the licensee in question; requiring licensees, their agents and employees to permit and aid in the exercise by an authorised officer or inspector of any function, power, or duty conferred or imposed upon him by the regulations made under this clause; and for ensuring that an authorised officer or inspector will not be prevented from exercising or obstructed in the exercise of any such power, function or duty." (b) By repealing clause twelve thereof and by inserting, in lieu of that repealed clause, the following clause, namely;- " [12.] Providing that every passenger about to be or being conveyed Inspection in or on a vehicle approved or permitted for use in carrying on a a~~ . . licensed service shall produce and allow to be inspected the ticket ~ f t~ ~ ~ ~ ~ ~ entitling that passenger to that conveyance upon demand made by &c. ' anyone of the following persons-namely, an authorised officer, an inspector, the operator of or a conductor employed upon that vehicle, the licenseeor any other person acting under the authority of the licensee. Providing for, regulating, and controlling the obtaining by passengers of tickets entitling them to conveyance upon a vehicle approved or permitted for use in carrying on a licensed service, the times during which passengers shall keep in possession their respective aforesaid tickets, and the destruction or delivery up of those tickets upon the completion of the journey thereby authorised." (c) By inserting after clause seventeen thereof the following clause, namely;- " [17 A.] Providing for payment to be made to the Commissioner Payment for in respect of the supply by him to licensees and holders of permits plates, &c. under this Act of plates for attachment to vehicles, or of books, forms, and other stationery, for the purpose of making, keeping, or furnishing any prescribed notice, application, record, return, book. account, or document." TULLY FALLS HYDRO-ELECTRIC PROJECT. See PART H. VALUATION OF LAND See LAND.