State Transport Facilities Acts Amendment Act of 1954 (3 Eliz Ii No. 53) (Qld)

TRANSPORT. 3 E liz . II. No. 53, 1954. State Transport Facilities, Etc., Act. 447 TRANSPORT. (1) State Transport Facilities Acts Amendment Act of 1954 ........................................ .. (2) State Transport Facilities Acts Amendment Act o/1955 .. .. .. .. .. 3 Eliz. II. No. 53 4 Eliz. II. No. 11 An Act to amend “ The State Transport Facilities 3 No.IZ5311' Acts, 1946 to 1951,” in certain particulars. ' [A ssented to 10 th D ecember , 1954.] T ransport F acilities A cts A! act opnt 1954. B E it enacted by the Queen’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. (1.) This Act may be cited as “ The Short title. State Transport Facilities Acts Amendment Act of 1954.” (2.) “ The State Transport Facilities Acts, 1946 to Principal 1951,” are in this Act referred to as the Principal Act. Act‘ (3.) The Principal Act and this Act may be Collective collectively cited as *“ The State Transport Facilities TltIe‘ Acts, 1946 to 1954.” f (4.) Section two of this Act shall come into operation Commence- on a date to be fixed by the Governor in Council byment of s- % Proclamation published in the Gazette. f2. The following headnote and sections are inserted New after section forty-eight of the Principal Act, namely :— and ss ° 48 a to 48u “ P art IV a .—C arriage I nter -S tate of P assengers , or j^Sd!’ G oods , or both P assengers and G oods upon V ehicles . [45 a .] The provisions of this Act extend to the Application use on roads of vehicles for the carriage of passengers, °nt^state or goods, or both passengers and goods in the course *rade- of inter-State trade subject to the modifications enacted in this Part of this Act. * 11 G. 6 No. 17 and amending Acts. t Section 2 commenced 7 Mar. 1955 (Proc. pubd. Gaz., 5 Mar. 1955, p. 888). .

448 TRANSPORT. State Transport Facilities, Etc., Act. 3 E liz . II. No. 53, p In re t® ta r t - ion. [ L 45 b . J ] In this Part IV a . of this Act— (а) An “ inter-State hcense ” means a license under Part IV. of this Act with respect to the carriage of passengers, or goods, or both passengers and goods in the course of inter-State trade; and (б) An “ inter-State permit ” means a permit under Part VI. of this Act with respect to the carriage of passengers, or goods, or both passengers and goods in the course of inter-State trade. ri m [45c.] Subsections two and three of section sixteen an ' of this Act do not apply with respect to the determination of the Commissioner to grant an inter-State license or an inter-State permit, or to renew an inter-State license, in any and every case where the Commissioner is required so to do. i 9 °and 2 o8’ [45 d .] Sections eighteen, nineteen, and twenty of ’ ' this Act do not apply with respect to an inter-State license or an inter-State permit. Section 22 . [45 e .] (1.) Section twenty-two of this Act does not apply with respect to inter-State licenses and inter-State permits but, in substitution for that section, subsection two of this section applies with respect to those licenses and permits. (2.) The amount collected in respect of the charges prescribed to be payable in respect of inter-State licenses and inter-State permits shall be irrevocably dedicated to expenditure on road construction and maintenance and for that purpose shall be paid into The Main Roads Fund. Section 28. [45 f .] The Commissioner shall not, under section twenty-eight of this Act, require any particulars or information with respect to an application for an inter-State license which are or is not reasonable regard being had to the circumstances of that application. [45 g .] (1.) Section twenty-nine of this Act does not apply with respect to an inter-State license but, in substitution for that section, subsection two of this section applies with respect to an inter-State license.

1954. TRANSPORT. State Transport Facilities, Etc., Act. 449 (2.) (i.) The Commissioner shall consider the application for an inter-State license and have regard to— (а) Character, fitness, and experience of the applicant; (б) Suitability and fitness of the vehicles proposed to be used for the purpose of the service to which the application relates ; (c) Condition and suitability of roads on which it is proposed to use those vehicles ; and (d) Number and type of other vehicles using those roads. (ii.) The Commissioner shall refuse an application for an inter-State license in any case where he is satisfied— (a) That the applicant is not of good character or has not the necessary fitness or experience; or (b) That the vehicles proposed to be used for the purpose of the service to which the application relates are not suitable, or are not fit, for use for those purposes. (iii.) The Commissioner may refuse an inter-State license where he is satisfied that the granting of the license would endanger public safety. (iv.) Subject to paragraphs (i.), (ii.), and (iii.) of this subsection the Commissioner shall grant an application for an inter-State license but may— (a) Impose terms and conditions reasonably necessary for the preservation of public safety, the regulation of traffic, the preservation and maintenance of roads, and the use and enjoyment by the public of roads; ( b ) Require payment of a reasonable charge for the use by the vehicles approved for use in carrying on the licensed service in question of the roads on which those vehicles are so used. [4# h .] Section thirty of this Act does not applySectl0n 30- with respect to an inter-State license. p

450 TRANSPORT. State Transport Facilities, Etc., Act. 3 E liz . II. No. 53, Section 31. [45i.] Section thirty-one of this Act applies with respect to an inter-State license subject to the following modifications :— (i.) The Commissioner shall not refuse to grant an application for the renewal of an inter-State license in any case where he could not refuse that application were it an application for the inter-State license concerned ; and (ii.) The Commissioner shall not make in respect of the renewal an alteration of the terms and conditions of the inter-State license so as to impose any term or condition not imposable by him in respect of that inter-State license. S33e,ctainonds3342., thirty [4 -f 5 o j u .] r Soecftiothniss Atchtirt( ys- atvweo,so mthuircthy- tohfreeth, e fainrsdt paragraph of the said section thirty-two as prescribes that a license shall be in or to the effect of the prescribed form and shall state the terms and conditions upon and subject to which it is issued) shall not apply with respect to an inter-State license. Section 35. [45 k .] (1.) Section thirty-five of this Act does not apply with respect to an inter-State license but, in substitution for that section, subsection two of this section applies with respect to an inter-State license. (2.) (i.) A reasonable charge for the use by the vehicles approved for use in carrying on the service licensed under an inter-State license of the roads on which those vehicles are used under the authority of that license shall be payable by the licensee. (ii.) That charge shall be payable equally by all inter-State licensees in respect of all vehicles of the same description and weight using the same roads and under the same circumstances. (iii.) Subject to paragraph (ii.) of this subsection, in respect of each and every inter-State license the amount of that charge shall be calculated by a committee consisting of the Under Secretary of the Treasury, the Commissioner of Main Roads, and the Commissioner or, in the case of any or all of them, his Deputy or their respective Deputies appointed in writing with the prior approval of the Minister. (iv.) The amount as stated in an inter-State license of that charge, and of any and every instalment thereof, shall become due and payable, and shall be paid, to the

TRANSPORT. 451 1954. State Transport Facilities, Etc., Act. Commissioner at the time and in the manner stated in the license, and any unpaid amount may be recovered by the Commissioner as a debt. [4S l .] Section thirty-six of this Act applies so that Section 36. the Commissioner shall not be thereby authorised to subject an inter-State license to terms and conditions not otherwise imposable under this Act by him with respect to that license. [45 m .] Section thirty-seven of this Act shall apply Section 37 . with respect to an inter-State license so that (subject to paragraph (i.) of subsection two thereof) the Commissioner shall not refuse approval of a vehicle save on the ground— (i.) That the vehicle is not suitable, or is not fit, for the purpose for which its approval is required; or (ii.) That the Commissioner is satisfied that use of the vehicle for the purpose for which its approval is required would endanger public safety. [45 n .] The provisions of sections forty-two and 42 forty-three of this Act shall not apply with respect toan ‘ an inter-State license. [45o.] (1.) Section forty-four of this Act shall apply Section 44 . with respect to an inter-State license subject to subsection two of this section. (2.) The Commissioner shall not cancel or suspend an inter-State license save on a ground upon which he could refuse an application for that license were that application made when that license is cancelled or suspended by him. [45 p .] Sections forty-six, forty-seven, and forty-eight Sections 46, of this Act do not apply with respect to an inter-State47, an ' license. [4S q .] (1.) Section fifty-six of this Act does not Section se. apply with respect to an inter-State permit but, in substitution for that section, subsection two of this section applies with respect to such a permit. (2.) (i.) The Commissioner shall not refuse an application for an inter-State permit in any case where he could not refuse that application were it an application for an inter-State license in respect of the purpose stated in the application for the permit.

452 TRANSPORT. State Transport Facilities, Etc., Act. 3 E liz . II. No. 53, 1954. (ii.) The Commissioner shall not impose with respect to an inter-State permit a term or condition which is not imposable by him with respect to an inter-State license. ' (iii.) A charge may be required to be paid in respect of an inter-State permit as in the case of an inter-State license and the provisions of this Act with respect to such a charge shall apply accordingly. S58e,ctaionnds 5579, . with [ r 4 e 5 s r p . e ] cSt etcotiaonn ifniftteyr-- sSevtaetne olifcethnisse,Aacntddoseecstinoonts afpifptlyy- eight and fifty-nine of this Act do not apply with respect to an inter-State permit. a6Sn0e, cdt6i6o13n, . s62, sixty[- 4th5rse.] e SoefcttihoinssAcstixdtoy, nostixatpyp- olynew, ithsixrteys-ptewcot, toanand inter-State license or an inter-State permit. Section 66 a . [45 t .] (1.) Section 66 a of this Act applies with respect to the goods carried within Queensland by road in the course of inter-State trade in contravention of this Act subject to subsection two of this section. (2.) In respect of goods specified in subsection one of this section the liability imposed by the said section 66 a shall be limited to the amount of the charge which, had an inter-State permit been applied for and granted in respect of that carriage, the Commissioner could have required that permittee to pay, and the amount of that liability shall be determined accordingly. Section 67. [45 tj .] (1.) Section sixty-seven of this Act applies with respect to an inter-State license and an inter-State permit subject to subsection two of this section. (2.) A regulation shall not extend with respect to an inter-State license or an inter-State permit save to the extent specified in that or another regulation.”. Certain actions banned. 3. No action, suit, claim or demand whatsoever shall lie or be made or allowed or continued by or in favour of any person whomsoever against Her Majesty or any Minister or the Commissioner or against any officer or person— (a) For or with respect to any matter or thing done by such Minister, Commissioner, officer or person which would have been lawful had

TRANSPORT. 4 E liz . II. No. 11, 1955. State Transport Facilities , Etc., Act. *“ The State Transport Facilities Acts, 1946 to 1951,” The State Transport Act of 1938,” or any enactment repealed by The State Transport Act of 1938,” been according to when the matter or thing was done applicable to persons operating motor vehicles in the course and for the purposes of inter-State trade or to vehicles while so operated ; or (h) For the recovery of moneys paid or purporting to have been paid by such firstmentioned person which would have been payable by him under an Act or enactment hereinbefore specified in this section had that Act or enactment been applicable to persons operating motor vehicles in the course and for the purposes of inter-State trade or to vehicles while so operated whether or not the person paying such money paid the same involuntarily or without prejudice or under protest. 453 An Act to Amend “ The State Transport Facilities 4 N E o l . iz 1 . 1 I . I. Acts, 1946 to 1954,” in certain particulars. T he S tate T ransport F acilities [A ssented to 20 th A pbil , 1955.] A cts A mendment A ct op 1955. B E it enacted by the Queen’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. (1.) This Act may be cited as “ The State short title. Transport Facilities Acts Amendment Act of 1955.” (2.) *“ The State Transport Facilities Acts, 1946 to Principal 1954,” are in this Act referred to as the Principal Act. Act- (3.) The Principal Act and this Act may be Collective collectively cited as “ The State Transport Facilities Acts ,tltle- 1946 to 1955.” *11 G. 6No. 17 and amending Acts, t 2 G. 6 No. 15.