Townsville Harbour Board Acts Amendment Act of 1916 (7 Geo v No. 7) (Qld)

11. LOCAL. PERSONAL. AND PRIVATE ACTS OF THE PARLIAMENT OF QUEENSLAND, 7° GEORGII V. BRISBANE, CITY OF, IMPROVEMENT. See LOCAL AUTHORITIES. CITY OF BRISBANE IMPROVEMENT. See LoCAL AUTHORITIES. CLERMONT FLOOD RELIEF. See LAND, CROWN. FLOOD RELIEF, CLERMONT. See LAND, CROWN. HALIFAX, LUCINDA POINT TO, ROAD. See ROADS. HARBOURS. An Aot to Further Amend "The Townsville 7 Geo. v. Harbour Board Aots, 1895 to 1914," in N; ~ ~ . oertain partioulars. TOWNSVILLE F(ARBOUR [ASSENTED '1'0 28'l'H NOVEMBEU, 1916.J B1~ D B E it enacted. hy the Ki~ g' s Most Excellent Majest.y, ! : : ~ ~ ~ . by and wIth the advIce and consent of 1he LegIs- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Townsville Har- Short title bour Board Acts Amendment Act of 1916," and shall : ~ ! tructiOD be read as one with "The Townsville Harbour Board of Act. Acts, 1895 to 1914."* * 59 Vie. No. 24 and amending Acts, supra, pages 3997 et seq. and 6430. "The Townsville Harbour Board Acts, 1898 to 1916," are reprinted in Appendix K infra.

7672 HARBOURS. Townsville Harbour Board Acts Amendment Act. 7 GEO. V. No. 7, Rape.a! of 2. Section eight of " The Townsville Harbour Board N59o. v~ _ c 4 . , B. 8, Act, 1895,"* is repealed. 3. Section nine of "The Townsville Harbour Board Act, 1895,"* is repealed, and the following section is inserted in lieu thereof :- Oonstitution [9.] (1.) The Board shall consist of two non-elective of Board. members and seven elective members appointed or elected as follows : - Such two non-elective members shall be appointed by the Governor in Council, and shall hold office for two years. The seven elective members of the Board shall be elected as follows : - (a) Two of such members shall be elected by the persons who are entitled to vote at the election of aldermen of the city of Townsville. " (b) One of such members shall be ~ lected by the persons who are entitled to vote at the election of aldermen of the city of Charters Towers. (c) One of such members shall be elected by the persons who are entitled to vote at the election of councillors of the shire of Thuringowa. (d) One of such members shall be elected by the councillors of the shires of Queenton and Dalrymple. (e) One of such members shall be elected by the aldermen of the town of Hughenden ltnd the councillors of the shire of Flinders. (f) One of such members shall be elected by the councillors of the shires of Ayr and Ravens- wood. (2.) The names of the first members of the Board appointed and elected pursuant to the foregoing provi- sions shall be notified in the Gazette, and thereupon the new Board shall be deemed to be constituted, and the existing members of the Board shall continue in office until the date of such notification, and such of them as have not been reappointed or re-elected shall go out of office on that date. (3.) Subject to this Act, each elective member shall hold office for three years. At the conclusion of every 59 Vie. No. 24, supra, page 3997.

HARBOURS. 1916. Townsville Harbour Board Acts Amendment Act. 7673 triennial election after the first, all the late members of the Board assigned to the aforesaid respective Areas shall go out of office, unless they or any of them are re-elected. (4.) 'Vith respect to the election of members for the Areas of Townsville, Charters Towers, and Thuringowa, the following provisions shall apply :- Such members shall be elected in manner provided by "The Local Authorities Act of 1902"* as amended by subsequent Acts; and, notwithstanding anything con- tained in the Principal Act, the following provisions of the said Act, namely- PART Ill. - Subdivision 11. - Qualification of Members: Subdivision II1.-Retirements and Vacancies (except section seventeen thereof) : Subdivision IV.-Ouster from Office: Sub- division V.-Qualification of Voters (except section twenty-five thereof): PART IV.- ELECTION OF MEMBERS: and the Rules as to Elections contained in the Third Schedule to the said Act, shall be applied accordingly, so far as the same are applic- able, subject, however, to the following modifications :- (a) Elections shall be held in every third year in the respective Areas, at the same time and place as elections under and for the purposes of the said Act are held, but separate ballot- papers and ballot-boxes shall be provided and used; (b) No person shall be entitled to give more than one vote at any election of members of the Board for any of such Areas. (5.) With respect to the election of members by the groups of Local Authorities mentioned in paragraphs (d), (e), and (f) of subsection one hereof, the provisions set forth in the First Schedule to this Act shall be observed. Schedule I. If at any time the boundaries of any of the Areas of the aforesaid groups of Local Authorities are changed and a new Area is created comprising land forming part of any of the said Areas, the member or members assigned to the group so affected shall continue to be so assigned, and the said group shall include the Local Authority of the new Area, and the members thereof shall join in the election of the member assigned to the said group. * 2 Edw. VII. No. 19, ewpra, p8ge 1860.

7674 HARBOURS. Townsville Harbour Board Acts Amendtment Act. 7 GEO. V. No. 7, (6.) If within one month from the time appointed a.n insufficient number of members is elected, the Governor in Council shall by Order in Council appoint some fit and proper person or persons to be a. member or members. (7.) If at any time a vacancy in the Board is caused by death, resignation, or otherwise, of a member, such vacancy shall be filled as soon as may be in manner hereinbefore provided by the appointment or election of another member in his room: Provided that if any such vacancy in the office of an elective member occurs within three months before a triennial election such vacancy shall not be filled up, and the previous occupant of the seat shall be deemed to be still a member and included in those going out of office at such election. (8.) If any member refuses or neglects to act, or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. (9. ) No proceedings of the Board shall be invalidated by reason of any defect in the appointment or election or of any disqualification of any member, or by reason of there being any vacancy in the number of such members at the time of such proceedings. Repeal of 4. Sections ten to seventeen, both inclusive, and ceenratcatimn ents. the First and Second Schedules of "The Townsville Harbour Board Act, 1895,"* are repealed. The Schedule to this Act is inserted as the First Schedule of " 'Phe Townsville Harbour Board Act, 1895."* Sections seven and ten to nineteen, both inclusive, of "The Townsville Harbour Board Act, 1895, Amendment Act of 1897 " are repealed. t . In section nine of the last-mentioned Act, the words " at the first meeting of the Board held after the con- clusion of every annual election and appointment of members of the Board, or at some adjournment of such meeting," are repealed, and the words "in the year one thousand nine hundred and seventeen, at the first meeting of the Board held after the new Board is duly constituted, * 59 Vie. No. 24, supra, page 3997. t 61 Vie. No. 21, supra, page 4016.

HARBOURS. 1916. Townsville Harbour Board Acts Amendment Act. or at some adjournment of such meeting, and in each subsequent year at the first meeting of the Board held in the same month in which the Chairman was elected in the year one thousand nine hundred and seventeen, or at some adjournment thereof" are inserted in lieu thereof. . The following provision is added to the said section . nme:- In the case of the illness or absence from any cause of the Chairman, the Board shall appoint one of its members to be Deputy Chairman during such illness or absence; and the Deputy Chairman shall for the period of his appointment have all the powers and authorities of the Chairman. 7675 THE SCHEDULE. [Sched1tle 1.] RULES FOR ELECTION OF A MEMBER OR MEMBERS BY A GROUP OF LOCAL AUTHORITIES. 1. The time and place of every election shall be appointed by the Governor in Council by notice in the Gazette: Provided that such time shall be so fixed as to be as soon as practicable after the con- clusion of the annual elections of members of the J.. ocal Authorities comprising the group. 2. The Governor in Council may appoint a returning officer to take the poll at any such election. Every such appointment shall be notified in the Gazette. 3. For the purpose of enabling the returning officer to compile a roll of persons entitled to vote at such election, the clerk of every Local Authority of the group shall, at least twenty-one days before the day appointed for the election, deliver to the returning officer a correct list of the names and addresses of all members of the Local Authority of which he is clerk, certified as correct by writing under his hand. The returning officer shall from such lists compile a roll of persons entitled to vote at the election. 4. Such roll shall show the names in alphabetical order and numbered consecutively of all persons so entitled to vote, and when signed by the returning officer shall be the roll by reference to which the title of every person to vote at such election shall, save as next hereinafter provided, be finally determined. But no person named on s'uch Toll who, at the date of the elec- tion, has ceased to hold office as a member of a Local Authority of the group shall be entitled to vote. 5. If any clerk fails or neglects to deliver any list hereby required to be delivered to the returning officer within the prescribed time, or delivers an incorrect list, he shall be liable to a penalty not exceeding ten pounds. 6. After compiling such roll the returning officer.shall forthwith send through the post office to every person named in such roll a notice specifying the date and place appointed for the election. and requiring the nomination of candidates.

7676 HARBOURS. Townsville Harbour Board Acts Amendt. 7 GEO. V. No. 7,1916. 7. In order that a person may become a candidate he shall be nominated by at least one member of a Local Authority comprised in the group. The nomination paper shall be in writing and signed by the person nom~ nating the candidate, in the following form:- Nomination Paper. TownsvilIe Harbour Board. To the Returning Offieer. ,19 . SIR,-I hereby nominate [name in full], of [address and occupation], to be a candidate for election as a member of the abovenamed Board at the ensuing elections for the group of Local Authorities of one of which I am a member. Dated at , the day of ,19 . [Signature. ] Local Authority of Such nomination paper shall be delivered or sent to the return- ing officer so as to reach him at least two days before the day appointed for the election. No person who is not so nominated shall be or be deemed to be a candidate at the election. S. If only one person is so nominated, the returning officer shall, at twelve o'clock noon on the day so appointed and at the place so appointed, declare him to be duly elected, and he shall be elected accordingly. 9. If two or more persons are so nominated, the returning officer shall, on the day so appointed, proceed as follows:- He shall prepare a ballot-paper in writing in the following form:- Ballot-paper. TownlvilIe Harbour Board. Election of one member by a group of Local Authorities, namely [set out the Local Authorities]. 1!1 • I vote for- o ADDISON, JAMES o BAKER, JOHN CHARLES o FISHER, WILLIAM [Signature of voter.] NOTE.-Thls ballot-paper must be delivered or posted to the returning officer at [place of election] so as to reach him before five o'clock after noon on the day of , 19 {day of the count]. and shall post one ballot-paper, previously initialled by him, to each of the voters of the group. Before. posting the same he shall fill in the particulars of the place of election and of the date on which the count is to be made. . The voter, upon receipt of a ballot-paper, shall record his vote by placing a cross in the square opposite to the name of the candi- date for whom he votes, and signing his name. He shall then post the same, addressed to the returning officer at the place of election named therein, and within such time that it will in ordinary course of post reach the returning officer before five 0 'clock afternoon on the date named therein as the day of the count.

HARBOURS.~LAND, CROWN. 7 GEO: V. No. 3C, 1917. Olermont Flood Relief Act. On tbe aforesaid day the returning officer shall attend at the said place, at five 0 'clock afternoon, and shaU open and count all the votes given for each candidate which have then reached him, and shall forthwith declare the candidate who has received the greatest number of votes to be elected, and he shall be elected accordingly. 10. At the election every person whose name is included in the roll shall be entitled to one vote only. 11. Whenever necessary, owing to the fact that the number of votes for any two or more candidates is found to be equal, the return- ing officer shall decide by his casting vote which shall be elected. 12. The returning officer shall forthwith report to the Board the name of the member elected. 13. The Board shall repay to the returning officer all expenses reasonably incurred by him in connection with the election. 7677 JAPOON TRAMWAY. See RAILWAYS AND TRAMWAYS. LAND, CROWN. An Act to Extend Relief to Persons whose Homes or 7 Geo. V. No. 30. Places of Business in Clermont have been THE Destroyed by the recent Floods. CLERMONT FLOOD RELIEF ACT [ASSENTED '1'0 14TH FEBRUARY, 1917.J OF 1917. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1 This Act may be cited as "The Clermont Flood Short HtIe Rel1:ef Act of 1917," and shall be re • ad as one with "The acnonds truet 1 ' 0D Land Acts, 1910 to 1916,"* herem referred to as the of Act. Principal Act. 2 The Minister shall as soon as may be after the Provision for passing of this Act cause to be surveyed into lots of residence not exceeding one-half an acre in area a sufficient areas. number of allotments of Crown land at a site, south of the present railway station at Clermont, to be chosen by the Minister, and also any other area of land acquired * 1 Geo. V. No. 15,4 Geo. V. No. 19,5 Geo. V. No. 32, and 7 Geo. V. No. 19, supra, reprinted in Appendix F infra.