Summer Time Act 1990 (Qld)

1272 SUMMER TIME ACT 1. Short title 2. Interpretation ANALY SIS OF CONTENTS PART I-SUMMER TIME 3. Summer time 4. Construction of expressions of time in Acts, etc. 5. Savings PART II-AMELIORATION OF EFFECT OF SUMMERTIME 6. Committee of Advice 7. Representations to Committee of Advice 8. Consideration by Committee of Advice 9. Guidelines to Committee of Advice 10. Ministerial consideration It. Governor in Council 12. Cessation of Order in Council ueenstana ANNO TRICESIMO NONO EL,IZA E'I AE SECUNDAE REGII,TAE An Act to provide f o r the introduction of summer time and for related purposes [ASSENTED TO 4TH OCTOBER, 1990]

Summer Time Act 1990; , No. 72 1273 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Summer Time Act 1990. 2. Interpretation . In this Act, unless the contrary intention appears- "Minister" means the Minister of the Crown responsible for the administration of this Act: the term includes any Minister for the time being acting for or on behalf of that Minister; "standard time" means the time declared by The Standard TimeAct of 1894 to be standard time throughout Queensland; "summer, time" means the time declared by this Act to be summer time throughout Queensland. PART I-SUMMER TIME 3. Summer time. (1) Notwithstanding anything contained in TheStandard Time Act of 1894 from the hour of two o'clock in the morning of the last Sunday in October in each year until the hour of two o'clock in the morning of the first Sunday in March in the year next following, summer time is throughout Queensland one hour in advance of standard time and is to be observed accordingly. (2) In this section the expression "the hour of two o'clock in the morning" means that hour as determined by standard time. 4. Construction of expressions of time in Acts, etc. Notwithstanding anything contained in any law of the State- (a) wherever any expression of time occurs in any Act, Proclamation, Order in Council, regulation, rule, by-law, ordinance, order, determination or notice or in any contract or agreement (whether made orally or in writing) or in any deed or other instrument or document whatsoever; or (b) whenever the doing or not doing of any act or thing or the occurrence of anything at a certain time of day or night, or during a certain part of the day or night, has an effect in law; that time is, unless it is otherwise expressly stated, with respect to the period during which summer time is declared by this Act to be in advance of standard time, to be held to be, and must be determined by reference to, summer time. 5. Savings . (1) Except as otherwise expressly provided in this Act, the provisions of The Standard Time Act of 1894 are not affected by this Act. (2) Nothing in this Act affects the use of standard time for the purposes of astronomy, meteorology or navigation, or the construction

1274 Summer Time Act 1990, No. 72 of any document mentioning or referring to a point of time in connexion with any of those purposes. PART II-AMELIORATION OF EFFECT OF SUMMER TIME 6. Committee of Advice. The Minister may, by notification published in the Gazette, appoint a Committee of Advice of not less than 5 nor more than 7 persons, which may include persons with knowledge or experience in- o trade unions or other industrial affairs; ® commercial enterprise; ® local government; ® transport; ® education in either or both the public or private school system; ® public administration; to advise upon amelioration of the effect of summer time in any area or region of the State. 7. Representations to Committee of Advice. (1) Subject to Guidelines issued under section 9, a Local Authority may make representations to the Committee of Advice seeking to ameliorate the effects of the operation of summer time within the Area of the Local Authority. (2) Representations under subsection (1) must be in writing and must be accompanied by- (a) details of the manner and results of any consultations conducted by the Local Authority with any person, business or organization in relation to the effect of summer time; (b) recommendations for any action to ameliorate the effect of summer time in relation to- * hours of employment; ® hours of trade (whether for licensed premises or not); o hours of schooling; ® any other matter of concern; in any area or part of the Local Authority Area. 8. Consideration by Committee of Advice. Upon receipt of representations from a Local Authority in accordance with section 7, the Committee of Advice must consider such representations and recommendations and (a) may conduct such investigations or hold such hearings as are in its opinion necessary or desirable; and (b) may provide such advice to the Minister as it considers necessary or desirable in relation to such representations and recommendations.

Summer Time Act 1990 , No. 72 1275 9. Guidelines to Committee of Advice. The Minister may, by notification published in the Gazette, issue Guidelines to the Committee of Advice in relation to- (a) the Local Authorities from whom representations and recommendations are to be considered; and (b) the methods and circumstances whereby the Committee of Advice is to conduct any investigation or hearing; and (c) any matter in relation to which the Minister considers Guidelines are necessary or desirable. 10. Ministerial consideration . Upon the receipt of advice from the Committee of Advice recommending action to ameliorate the effect of summer time, the Minister may make such recommendation to the Governor in Council as is, in the opinion of the Minister, appropriate or necessary. 11. Governor in Council . (1) Upon receipt of a recommendation by the Minister, the Governor in Council may, by Order in Council, declare, in such region or area as is specified, and for such period as is specified any or all of the following:- (a) the trading hours of any organization (howsoever described), the hours of trade of which are regulated under the TradingHours Act 1990; (b) the hours of work of any employee (howsoever described), the hours of work of whom are regulated under the IndustrialRelations Act 1990,- (c) the hours of trade of any premises licensed under the LiquorAct 1912-1984; (d) the hours of operation of any school regulated under the Education (General Provisions) Act 1989-1990,- (e) such matters as are, in the opinion of the Governor in Council, necessary to be the subject of an Order in Council. (2) An Order in Council under subsection (1) is to be given effect according to its tenor- (a) notwithstanding any Act or law or Industrial Award or Industrial Agreement or order or ruling of any court, tribunal, Industrial Commission or body to the contrary; and (b) where appropriate, as if it were in substitution for the whole or part of any Act or law or Industrial Award or Industrial Agreement or order or ruling of any court, tribunal, Industrial Commission or body. (3) An Order in Council under subsection (1) is not to be the subject of any question as to its validity in any court, tribunal, Industrial Commission or body in Queensland. (4) An Order in Council under subsection (1) is to be treated as if it were a regulation for the purposes of section 28A of the Acts

1276 Summer Time Act 1990, No. 72 Interpretation Act 1954-1989 ( which requires regulations to be published in the Gazette and laid before the Legislative Assembly as prescribed therein) and is to be dealt with as a regulation is dealt with under that section. 12. Cessation of Order in Council. An Order in Council issued in accordance with section 11(1) ceases to have effect upon the hour of expiry of summer time in each year.