Traffic Acts Amendment Act of 1928 (19 Geo v No. 6) (Qld)

TRAFFIC. 19 OEO. V. No. 6, 1928. Traffic Acts Amendment Act. 12265 TRAFFIC. An Act to Amend "The Traffic Acts, 1905 to 19NGoe.o. 6. V. 1916," in certain particulars. THE TRAFFIC [ASSENTED TO 4TH OCTOBER, 1928.] AME~ ~ ~ NT AOT OF 1928. 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 Traffic Acts Short title Amendment Act of 1928," and shall be read as one with : ~ ~ cCtY~ ~ . * " The Traffic Acts, 1905 to 1916,'- hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as" The Traffic Acts, 1905 to 1928." 2. The Principal Act is amended as follows : - Amendments of the Principal Act. (i.) The first paragraph of subsection four of section Section 6. six is repealed and the following paragraphs are inserted in lieu thereof :- " (4.) The Regulations may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. Such Regula- tions may also impose a minimum penalty, of such amount as may be prescribed, in respect of any second or subsequent breach or breaches thereof: Provided that any maximum penalty shall not exceed fifty pounds. Moreover, such Regulations may provide generally for the imposition of a minimum penalty. in such amount as may be prescribed in respect of any second or subsequent breach or breaches of any of the Regulations, whether· the first breach of any of the Regulations was a breach of the same kind or of a different kind to the second or subsequent breach or breaches." * 5 Edw. VII. No. 18, 1 Geo. V. No. 19, and 7 Geo. V. No. 15, supra, pages 3487, 3494, and 7668.

12266 TRAFFIC. Traffic Acts Amendment Act, 19 GEO. V. No. 6, Section 16. (ii.) Section sixteen of the Principal Act is repealed and the following section is inserted in lieu thereof ~ - General " [16.] (1.) Every person guilty of an offence against penalty. this Act for which no penalty is provided shall be liable to a penalty not exceeding twenty pounds. slPieuecbnosaneldqtyuoefrontr • guilt(y2.o)f Saanvye seacsonisd oorthseurwbsiseequpernotvoidffeedn,ceevaegrayinpstertshoins A br c e t a . ch of pAocutndshs. all be liable to a penalty not exceeding fifty · . ptMoenibnaeilmtyumnot contr(a3r. ) y, Nwothweinthsatnayndpinegrsoannyitshincgonivnictaendy bAecfot reto atnhye reduced by police magistrate of an offence under this Act, the police pmoaligeiestrate. magistrate shall not reduce the penalty to be imposed in respect of such offence below any prescribed minimum amount of penalty. Recovery of (4.) All penalties incurred under this Act and all fares penalties. required by the Regulations to be paid and all other sums made payable by this Act may be recovered in a summary way by complaint before a police magistrate." (iii.) After section sixteen of the Principal Act the following section is inserted:- Driver of " [16A.] Any person who drives a motor vel: ~ . cle or mveohtiocrle or motor cycle whilst he is so much under the influence of motor cycle intoxicating liquor as to be incapable of exercising intoxicated. effective control of such motor vehicle or motor cycle shall be liable to a penalty for a first offence of not less than five pounds and not more than fifty pounds, and for any second or subsequent offence, of not less than twenty pounds nor more than one hundred pounds. .Moreover, the court before whom any offender is convicted, if in its discretion it deems it just and proper so to do, may sentence such offender found guilty of any second or subsequent offence against this section to imprisonment with or without hard labour for a term not exceeding three months, without extending to any such offender any option of the payment of any penalty in lieu of such term of imprisonment. Moreover, the license of any person found guilty of any second or subsequent offence against the provisions of this section shall be deemed to be ~ p80 facto cancelled

1928. TRAFFIC. Traffic Acts Amendment Act. and such person shall not again be entitled to be licensed until a period of twelve months from the date of the sentence of the court has elapsed. The terms "motor vehicle" and "motor cycle" have the meanings assigned to them as defined in Part 1. of the Regulations under * "The TrafficAct8, 1905 to 1916," and published in the Gazette of the fifth day of May, one thousand nine hundred and twenty seven, or as may be assigned to them in any regulations hereafter made pursuant to the provisions of such Acts." 12267 VALIDATION OF S1JPREME COURT RULES AND ORDERS. See PRACTICE. WHEAT POOL AMENDMENT. See PRIMARY PRODUCE (19 GEO. V. No. 8, s. 5). * 5 Edw. VII. No. 18, 1 Qeo. V. No. 19, and 7 Geo. V. No. 15, supra, pages 3487, 3494, and 7668. L