Transport Laws Validation Act of 1962 (11 Eliz Ii No. 24) (Qld)

891 @ueenslnub ANNO U:l'U>ECIMO . E . L .. I . Z .. A .. B .. E . T .. H .. A .. E .... S . E .. C . ' U .. N .. D .. A .. E .... R .. E . G .. I . N .. A ... E . No. 24 An Act to Validate the Operation of certain Laws relating to Transport, and for other incidental purposes [ASSENTED TO 8TH JUNE, 1962] B E 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. This Act may be cited as "The Transport Laws Short title Validation Act of 1962." 2. In this Act, unless the context otherwise indicates Meanings or requires,- (a) "Act" includes any purported Act and " enactment" includes any purported enactment;

892 Transport Laws Validation A ct 11 Euz. IL No. 24, (b) " Excepted sections " means the sections, or parts of sections, shown as excepted in the Third Column of the Schedule ; (c) " Schedule" means the Schedule to this Act. Validity 3. Subject to this Act, and in so far as it may be ~~ration of necessary to ensure the validity and operation thereof, certain Acts every Act set out in the Schedule, other than the excepted sections, is validated as from its enactment and declared and deemed to be and from such enactment to have been a good and valid law, but subject to any amendment or repeal of any such Act by another such Act. Adminis- 4. Without limiting or derogating from the trative Acts provisions of section three of this Act, every act and thing done, or suffered or omitted to be done, under and pursuant to any provision of any of the Acts set out in the Schedule, other than any excepted section, are validated and declared and deemed to be and always to have been good and valid. Interpre- tation 5. Any provision of any Act set out in the Schedule, other than the excepted sections, which is inconsistent with the Constitution of the Commonwealth or with any Imperial Act extending to Queensland shall nevertheless operate and, in respect of any period of time before the passing of this Act, is hereby declared to have had validity and operation in accordance with this Act to the full extent to which such provision can operate or could have operated consistently with the Constitution of the Commonwealth or any such Imperial Act. The provisions of this section are in addition to and not in substitution for the provisions of section four of " The Acts Interpretation Acts, 1954 to 1960."

1962 Transport Laws Validation A ct 893 6. (1) "The Justices Acts, 1886 to 1960," apply Recov~ry of penalties, subject to this section. fees, &c. (2) A person adjudged or required by a decision of justices (whether made before, on or after the passing of this Act) to pay- (a) any penalty for an offence committed before the passing of this Act; or (b) any sum of money which became due and payable before such passing, under any provision of any Act set out in the Schedule, other than an excepted section, shall not, in default of payment of such penalty or sum of money, including any costs, be at any time after the passing of this Act, imprisoned. (3) Any unpaid amount of any penalty or sum of money referred to in subsection (2) of this section, including any costs, shall be recoverable as prescribed by this section and not otherwise. (4) Where a person has been imprisoned for part of the term of imprisonment imposed in default of payment of any penalty or sum of money referred to in subsection (2) of this section the amount of such penalty or sum of money, including any costs, shall be reduced by a sum bearing the same proportion thereto as the number of days for which the person concerned was imprisoned bears to the total number of days for which he was liable to be imprisoned, and such reduced amount shall be deemed to be the debt due and owing to Her Majesty and recoverable as prescribed by this section in respect of the penalty or sum of money in question. (5) Upon application made by the Commissioner for Transport, or by any person acting under his authority, to the clerk of petty sessions at any place appointed for holding courts of petty sessions whereat any person was adjudged or required by a decision of justices to pay any penalty or sum of money referred to in subsection (2) of this section, such clerk of petty sessions shall issue

894 Transport Laws Validation A ct 11 Euz. II. No. 24, his certificate describing the proceedings in respect whereof the decision was made, stating the decision, and certifying the amount, or, where subsection (4) of this section applies, reduced amount, then unpaid of the penalty or sum of money adjudged or required to be paid, including any costs. (6) Upon the filing of any certificate issued by a clerk of petty sessions under subsection (5) of this section- (a) where the amount thereby certified to be unpaid is not more than six hundred pounds, in the registry of the Magistrates Court at the place appointed for holding courts of petty sessions in question; or (b) where the amount thereby certified to be unpaid is more than six hundred pounds but not more than fifteen hundred pounds, in the District Court registry at or nearest to the place appointed for holding courts of petty sessions in question; or (c) where the amount thereby certified to be unpaid is more than fifteen hundred pounds, in the registry of the Supreme Court at Townsville, Rockhampton or Brisbane, according as to whether the place appointed for holding courts of petty sessions in question is within the Northern District or the Central District within the meaning of "The SupremeCourtAct of 1895," as subsequently amended, or without both such districts, the decision of justices referred to in the certificate shall, subject to subsection (7) of this section, be of the same force and effect and all proceedings and remedies for the enforcement thereof may be taken as if such decision were a judgment of the Magistrates Court, or of the District Court, or of the Supreme Court ordering payment by the person concerned of the amount certified by the certificate to be unpaid. (7) This section applies so as not to affect any right of appeal against the decision of justices which the person thereby adjudged or required to pay the penalty or sum of money in question would have had at the

1962 Transport Laws Validation Act 895 date of the passing of this Act were the provision of the Act under which the penalty was incurred or the sum of money became due and payable by him in operation to the extent prescribed by this Act at all relevant times. 7. Subject to this Act, in any proceedings (whether Respon- instituted before, on or after the passing of this Act) sibility against any person for- (i) any offence committed before the passing of this Act; or (ii) the recovery of any sum of money which became due and payable before such passing, under any provision of any Act set out in the Schedule, other than the excepted sections, the defendant shall be liable for the offence or civilly liable, as the case may be, as if the Acts set out in the Schedule had been good and valid laws to the extent to which by this Act they are validated and declared to be, and to have been good and valid laws, and he shall not rely upon or be excused by any of the provisions of Chapter V. of" The Criminal Code" so far as the same may apply, or be claimed to apply, because of the invalidity or alleged invalidity or non-operation or alleged non-operation of such provision on account of the presence in any such Act of any excepted section or failure to comply in the enactment thereof with the provisions of section seven hundred and thirty-six of the " Merchant Shipping Act, 1894 " (Imperial). ru; 8. Nothing in this Act shall prejudice or affect Order to OthredreirghtotsS i h n o te w r s C e aousfethNeop. a3rt6ieosfi1n96th1eepnrtoitcleededTinhgesQinuethene ~ 19 o ~· w 13 ° 0 against The Commissioner for Transport: Ex parte Cobb and Co. Limited, Downs Transport Pty. Ltd., South Queensland Transport Pty. Ltd., Northern Downs Transport Pty. Ltd., Northern Transport Pty. Ltd., N.S.W. Transport Pty. Ltd., and Cobb and Co.- Redmans Transport Pty. Ltd., in relation to such proceedings, including any right of appeal in respect of the judgment in such proceedings given on the seventeenth day of May, one thousand nine hundred and sixty-two, by the Full Court of the Supreme Court of Queensland, and in relation to the sum of £73,948 12s. 7d. paid into Court in respect of such proceedings.

896 Transport Laws Validation A ct 11 ELIZ. 11. No. 24, Regnal year and number of Act SCHEDULE Act Short title Excepted sections 2 Geo. VI. " The State Transport Act Subsection (2) of section No. 15 of 1938" fifteen 11 Geo. VI. No. 17 " The State Transport Facilities Act of 1946' Sections forty-nine, fifty, fifty-one and, so far as it relates to the carriage of passengers, or goods, or both passengers and goods, by water, section fifty~ five 12 Geo. VI. " The State Transport No. 6 Facilities Act Amendment Act of 1947" 13 Geo. VI. "The Tra/fic Act vf 1949" No. 26 15 Geo. vr. " The State Transport No. 15 Facilities Acts Amendment Act of 1951" 6 Eliz. II. "The Roads (Contribution No. 37 to Maintenance) Act of 1957 " 7 Eliz. II. "The Roads (Contribution No. 15 to Maintenance) Act Amendment Act of 1958" 7 Eliz. II. " The State Transport No. 67 Facilities Acts (Adminis- tration) Act of 1958 " 8 Eliz. II. " The State Transport No. 21 Facilities Acts and Another Act Amendment Act of 1959 "

1962 Regnal year and number of Act Transport Laws Validation Act SCHEDULE-continued Act Short title Excepted sections 9 Eliz. II. " The State Transport Act of Sections fifty-six and No. 48 1960" fifty-seven, and so far as it relates to the carriage of passengers or goods, or both passengers and goods, by water, section sixty 897