Sydney Corporation (Commissioners) Act 1927 (NSW)
| Sydney Corporation (Commissioners) Act. | 423 |
SYDNEY CORPOKATION (OOMMISSIONEKS) ACT.
Act No. 4.3, 1927.
An A ct to provide for the adm inistration during a George V,
lim ited period o f the City o f Sydney by Com m issioners, and for the investigation o f the previous adm inistration th ereo f: to suspend the ojieration o f certain provisions o f the Sydney Corporation A ct, 1902, and o f certain otlier A cts; to amend that A ct and certain other Acts ; and for purposes connected thercAvith. [A ssented to, 28th N ovem ber, 1927.]
lativ ê Council and Eegislati\'(i A.sst'inlily o f N(!\\’ Soutli
~|~>E it onacted l)y the King's Most Execllcnt A[;;jcsty_
Wales in Parlianii'iit assem bled , .•md I ' V tb.(' a .u l l io n ty cU’
tlie saiiK'. as folloN\ s : -
1 . This Act may be citcal as the “ Sydney Corpora-shot tide,
tion (Comniissionei's) Act, 1927,” and sliall lx; read and construed Avitli the Sydney Corporation Act, 1902, as amended l)y subsequent Acts, Avliich Act as so amendt'd is in tliis Act referred to as the Pilncipal Act.
2 . (1) I'h'om a dat(! to be appointed by the Governor lonporarv
and notilied in tlie Government Gazette (in tliis
called tlie apjiointed day) the City of Sydney sliall,
during the period for Avliieh this Act remains in force,
he administered hy Commissioners.
| (2) | The Commissioners may, in the name and on |
behalf of the corporation styled the Alunicipal Council of Sydney, exercise any power or authority of the corporation or of the council consisting of the mayor and aldermen, and shall carry out and perform all the duties and obligations of the corporation and council.
| ' | This |
424 Sydney Corporation (Commissioners) Act.
| George V, | This subsection sliall extend to all powers, authorities, |
No. 43. duties, and obligations conferred or imposed ujion the
corporation or the council hy any of the Acts mentioned in the First Schedule to this Act or hy any other Act or hy any regulation hy-law or instrument or hy any trust or otherwise, and in particular and without limit ing the generality of the foregoing or any other provision of this Act, the Commissioners may exercise any of the following powers, that is to say, they may—
| (a) | make, levy, and collect rates, tolls, charges, and imposts under the Principal Act or any otlier A ct; |
| (h) | make hy-laws repealing, varying, or in substitu tion for any hy-law made hy the Council or the Commissioners ; |
| (c) | exercise the franchise conferred on the Council hy the Eire Brigades Act, 1909-1927 ; |
| (d) | (dect an eligible person as a member of the "Water, Sewerage and llrainage Board in any case in which hut for this Act the aldermen of the City’ of Sydney might so elect; |
| (e) | pay out of the City Fund any expense incurred in the administration of this Act. |
The exercise 1 y the Commissioners of any power or
authority^ shall be subject to any limitation or condition
imposed hy any Act or hy any regulation under this Act.
(3) The Commissioners shall he the hoard for
the purposes of Part I of the Electric Lighting and
Gas Emergency Act, 1917.
(4) No sale of real estate shall he made hy the Commissioners save with the previous approval of the Governor.
(5) The Chief Commissioner or his deputy may exercise any power or authority and shall perform any duty of the Lord Mayor.
No elections (6) There shall not he any election of aldermen to tik̂ piace. OJ’ Lord Major for the city in the month of December,
one thousand nine hundred and twenty-seven, or while
this Act remains in force.
The Lord Mayor and aldermen in office at the commencement of this Act shall continue to hold office until the appointed dav and no longer.
| ‘ | ( 7) |
| Sydney Corporation (Commissioners) Act. | 425 |
(7) Tli(‘ (“orjtoration shall eontimu' notwitIistaud- George V,
in"' tliat diirin"' tlu' jun'iod for which this Act r(Mnains in Torcc th(!i'c ai'(' vacain'cs in the olhccs oC Loi'd lMay(n’ and alderim'ii.
(8) Any ndVi-cnce m any Act, regulation, hy-law, or instrument to the Council or to the i\layor and aldermen or to the aldernu'n of the city shall 1k ' deemed to he a refei'cnce to tlu' Commissioners, and any such rch'i'cnce to the iMayor or to the Lord .Mayoi- oP tlu; city shall he deemed to he a reference to tlû Chi('P Commissioner or his de})idy.
(9) The Acts mentioned in the Second Schedule to this Act arc to the extent therein expressed hei'chy suspended during the pei-iod for which this Act remains in force.
3 . (1) The Governor may appoint hy commission c Kin'is-
un(h'r the Si'al of the Stat(‘ three fit and ]rrop(!r ]>ersons '''
to 1)(' Commissiomn's for (nrrying into eifect this Act
and may appoint one of such Commissioners to he
Chief Commissioner.
| (2) | Each Commissioner shall hold oUlce nnlil'iV'Miir of |
the thirty-lirst day of December, one thousand nim'
hundred and twenty-nine.
(d) Th(f Commissiomn's shall he paid for their Krn, :i; •ni-
services out of tluf City Fund salaries :it rat('s iixed hy “
the Governor.
(d'l In (xise of tin; illness, suspension, or absence n.-oriL̂ .
of the Chief Commissioner the Governor may appoint as deputy of the Chief Commissioner any other Com missioner who shall, during such illness, suspc'iision, or ahsence of the Chief Commissioner, exercise his ]>owcrs and perform his duties.
In case of the illness, suspension, or ahsenc(' of any Commissioner, the Governor may aifpoint sonn; person to act as the deputy of such Commissioner during such illness, suspension, or ahsencep and every person so apjxrinted shall, while so acting, have the powers and perform the duties of such Commissioner.
Where a Commissioner is appointed in pursuanc<! of this section to act as deputy of tin; Chief Commissioner the Governor may appoint a person to he deputy of such other Commissioner whilst so acting.
The salary of a deputy shall be fixed hy the Governor
| and be paid out of the City Fund. | (5) |
| 4.2G | Sydney Corporation (Commissioners) Act. |
| George V, | (5) Each Commissioner or deputy before entering |
| No. 43. | upon the duties of his ollice shall make and subscribe |
| Df-'claralioii | before the Executive Council an oath of allegiance to |
| and | oath . |
ll is Majesty and shall make and subscribe the following
declaration of office :—
| I, | having been appointed Chief |
Commissioner (or as the case may be) for the City of Sydney, do hereby declare that I will truly and faithfully fultil the duties of that office according to the best of my judgment and ability.
| 1U‘ nioval. | 4 . | (1) | Any Commissioner may be suspended from his |
office by the Governor for misbehaviour or incompetence, hut shall not be removed from otiice except as herein after provided.
The Minister shall cause to he laid before Parliament a full statement of the grounds of suspension within seven days after such suspension if Parliament is in session and actually sitting, and when Parliament is not in session or not actually sitting, within seven days after the commencement of the next session or sitting.
'1 h(! Commissioner so suspended under this section shall he restored to office unless each House of Parlia ment, within twenty-one days from the time when such statement has been laid before it, declares by resolution that the Commissioner ought to be removed from office, and if each House of Parliament within the said time so declares, the Commissioner shall be removed by the Governor accordingly.
| Civic oriice. | (2) | A Commissioner shall be deemed to hold a civic |
office within the meaning of the Principal Act, but a person who is a director of a banking company with which the council does business shall not on that account alone be deemed to infringe the pro^■isions of section twenty- four of that Act.
| N’acation ot | (3) A Commissioner shall he deemed to have |
| otlice. | vacated his office — |
(a) if he becomes disqualified for a civic office ; or
| (b) | if he engages during his term of office, without the previous consent of the Governor, in any employment outside the duties of his office ; or |
| (c) | if he becomes bankrupt or compounds Avith his creditors, or makes an assignment of his propertv or of his salarv for their benefit; or |
| ‘ | * | (d) |
| Sydney Corporation (Commissioners) Act. | 427 |
| (d) |
if he absents liiinself from duty for a |)eriod of George V, ^ranted by the Governor (wliicb leeave lie is hereby authorised to r r̂ant), or bc'comes incap able of perfonnini;' his duties.
| (4) | Any reference in this section to the Chief |
Commissioner or to a Commissioner shall extemd to his deputy.
5 . (1) The quorum at any rneetin" of the Com- rroroo.im-s
| missioners shall hi; two. | _ | m,lXne.s. |
(2) Ao prociMulins' of the Commissioni'rs shall he invalid or illegal in consequence only of tlic fact that then' was, at the time of such proeeedin^, a vacancy in the number of the Commissioners.
(3) Tlie Chief Commissioner, or in his ahsence his deputy, shall conveni' a mectim^ of the Commissioners at least once a month.
Any matter connected with the city may hi; submitted hy a Commissioner at a meeting of the Commissioners for tlu'ir consideration.
(4) The Chief Commissioner shall preside as wim siuiii
| chairman at anv mi'i'ting of the Commissioners, and in i"’ | , | , | • | ~ | ^ | i n ( ‘c t I n ‘ | . |
| his ahsence his deputy shall so preside. | ^ |
| If the Chief Conimissioni'r and his deputy are both absent, the Commissioner who is senior in appointment or in case of equality of seniority thi' Commissioner chosen hy those presi'iit shall so presidi'. |
(o) At any meeting id' the Comrnissioni'rs atUiciMU!!
'which the Chief Commissioner is present, he shall have a di'liherative vote, and in the event of an equality of voting, a second or easting vote.
If at any meeting of the Commissioners at which the Chief Commissioner is not jiresent the Commissioners present diifer in opinion iqion a matter, the di'termination of that matter shall he ])ost])oned to the next meeting of the Commissioners.
| (6) | The Commissioners may hy i-esolution hut |
subject to the approval of the Governor and to such conditions and qualifications as may he prescrilied in the apfiroval delegate to any one of their number either generally or in any jiartieular case any of the powers, duties, or functions of the Commissiom'rs, and may at any time bv resolution revoke anv such delegation.
| ‘ | ‘ | The |
| 4:8 | Sydney Corporation (Commissioners) Act. |
| George V, | The Governor may by regulation prescribe tlie |
| No. 43. | powers and functions wbicb may be performed and carried out by any one Commissioner. |
| (7) | Any reference in this section to the Chief |
Commissioner or to a Commissioner shall extend to bis deputy.
Investiga
| tion. | 6. (1) The Commissioners shall investigate such |
matters in or connected with or relating to the previous administration of the city as may appear to them to require investigation, or as the Governor may direct to be investigated, in order to ascertain whether, and if so, to what extent the conduct in relation to any such matter of any person, wliether the holder of a civic office or not, has been corrupt dishonest or improper.
(2) The Commissioners may with the approval of the Governor delegate any duty under this section to any one Commissioner or to any fit person.
(3) Por the purposes of any investigation under this section the Commissioners and a delegate shall have the powers and immunities of a Commissioner, and the Chief Commissioner shall have the powers of a chairman, within the meaning of Division 1 of Part II of the Royal Commissions Act, 1923, and the provisions of that Act with the excej)tion of section thirteen and of Division 2 of Part II shall mutatis mutandis apply to any witness or person summoned hy or appearing before the Commissioners or delegate.
| Reports. | 7 . The Commissioners shall once in each year and |
at such other times and in such manner and form as is
2)rescribed hy regulation or as the Governor shall direct,
furnish full and true reports of their proceedings and accounts of all moneys raised and expended under the provisions of this AcC
Such reports and accounts shall he laid before both
Houses of Parliament as soon thereafter as is practicable.
| Regulations. | 8. (1) The Governor may make regulations prescrib |
ing all matters required or necessary or convenient to he
prescribed for carrying out or giving effect to this Act.
(2) The regidations shall—
(a) he published in the Gazette ;
| ■ | ' (h) take effect from the date of publication or from a later date to be specified in the regula tions; and |
(c )
| Sydney Corporation (Commissioners) Act. | 429 |
| (c) |
bn laid before both ilonses of Parliament OeorgeV, if Parliament is in session, and if not, then Avitbin fourteen sittin" days after the com mencement of the next session.
(.3) If either House of Parliament passes a resolution of wbicb notice has been given at any time within tifteen sitting days after tin; regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
9 . This Act shall remain in forc(' until Ihe thirty- iinrationof
first day of December, one thousand nine hundred and
| tAventy-nine. | , |
SCHEDULES.
| F IR S T | S C H E D U L E . | Si?c. 2 (2). |
| No. of .Act. | Short title. |
I
| 42 V'ic. No. 2-0 | City of SyiliK'v Iiiipi'ovPHK'nt Act. |
| 60 Vic. No. 2;? | Municipal Council of Sydney Electric l.ip:litin^ |
Act.
| 11)02 No. ;5.j | Sydney Corporation .Act, 1902. |
| ]1)02 No. ;)1) | AVidtIi of Strc'ets and Lanes Act, 1902. |
| 11)0') No. ;31) | Sydney Corporation Amendment Aet, 1905. |
| 1906 No. 16 | Sj'dney Corporation Amendment Act. 1906. |
| 1908 No. 27 | Sydney Cor'})oration (Amimdment) Act, 1908. |
| 1912 No. 8 | Sydney' Corporation ( Dwelling-houses) Act, 1912. |
| 1916 No. !2 | Sydney Corporation (.Amiuidmi'nl) (No. 2) Act, |
1916.
| 1916 No. 60 | Sydney Corporation Amendment (Costs) Act, |
19D).
| 1916 No. 76 | Loc/il Government (.Atnending) A d , 1916. |
| 1917 No. 2 | Elc'ctrie L ieh tin i 'and Gas Emereiuicy Act, 1917. |
| 1917 No. 22 | Sydney Corporation (Amendment) Act, 1917. |
| 1919 No. II | Local Government Aet, 1919 (section 522). |
| 1920 No. 22 | ^Municipal Council of Sydney Electric Liehtiiie |
(Amendment) Aet, 1920.
| 1922 No. 69 | Sydney Coi'poration (Fish Markets) .Act, li)22. |
| 1924 No. 7 | Sydney' Corporation (.Amendment) Act, 1921. |
| 1924 No.'.lO | Univer.sitv and College Lands and Victoria Park |
| Act, 1924. | ' |
| 1925 No. 18 | Sydney Corporation (Amrndment) Act, 1925. |
SECOND
480 Sydney Corporation (Commissioners) Act.
| George V, | .SECOND .SCHEDULE. |
| No. 43. |
| Sec. •-> | .\o. of | -t. | •Short title . | Extent of Suspension. |
| l ‘J02 .No. | ...] Sydiie^y Coi-poration Act, 1902 | S e c t i o n s | 9-23 |
both inclusive, 2-5-57 both in clusive, 67-73 lioth inclusive, paragraphs (b) (d) and (lib) of .'aib.scction( 1 )of ■section 200, and t h e T li i r d , Fourth, Fifth, Sixth, Seventh,
E i g h t li, a n d
N in th iSclied-
nles.
| 190.1 No. ;'.9 | iSvOiu'v Corporation A inondnient | Section 4. |
Act, 19tD.
| 190() No. Hi | .Syiliicy Corporation Anioiulniciit | .Section 14. |
| ' | A ct. 1900. |
| iOO.s No. 27 | i'vilnev | Coi'p.iration | ( . \ inen 'l incn t) | .Section 3S. |
‘ Ae‘t, 190.S.
| 1911 No. 2;i | .Sydney Corporation (.Vmendincnt) | TIk' whole. |
| ■ Act. 1911. | ||
| iO r . No. :!7 | .Sydney Corporation ( . \n :endnien t) | The whole. |
| ‘ Ae‘t, 19U'. | ||
| 19U) No. (il | .S'.’dney Corporation (Election of | The whole. |
Mayor) Aet, 191-1.
| 1917 No. 22 | .Sydney Coiyioration | ( . \ inendn ien t) | Sections 3 and 4. |
| ■ | Ac-t, 1917. |
| 1921 No. 7 | Sydney Corpoi-ation ( Ainendinent) ' | Paragraplis | (1)- |
| " | A c t , 1921. | ' | (8; | hotli | in |
clusive of sec tion 'Land para- grapih (a) of sec tion G.
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