74 ELECTRICITY.
Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
ELECTRICITY.
1 ^iz5oil An Act to constitute the Southern Electric Authority
Southern of Queensland, and for other purposes. Electric . A x Authority qubensiand [Assented to 18th December, 1952.] Act of 1952. E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis Blative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:—
Part I — Preliminary-. PART I.---PRELIMINARY. Short title. This Act may be cited as “ The Southern Electric Authority of Queensland Act of 1952.”
2. This Act is divided into Parts as follows :— Part I.—Preliminary ; Part II.—Constitution of the Authority ; Part III.—Acquisition by Authority of Electric Authorities ; Division I.—Acquisition by Agreement; Division II.—City Electric Light Company Limited ; Division III.—Electric Authorities other than Local Authorities; Division IV.—Local Authorities ; Part IV.—Finance and Accounts ; Division I.—Accounts and Audit; Division II.—Interest During Construction ; Division III.—Loans and Deposits ; Division IV.—Variable Interest Stock ; Division V.—Secured Debentures and Stock ; Division VI.—Budget ; Part V.—Powers and Duties of the Authority ; Part VI.—Offences and Legal Proceedings ; Part VII.—Miscellaneous. ELECTRICITY. 75
Part I.—- 1952. Southern Electric Authority of Queensland Act. Preliminary. 3. In this Act unless the context otherwise indicates interpreta- or requires, the following terms shall have the meanings definitions, set against them respectively, that is to say :— “ The Agreement ” means the agreement between Agreement, the State of Queensland and the Authority a copy of which is set out in the Second Schedule to this Act; ■ “ Area of supply ” means the area in which the Area of Authority is for the time being authorisedsupply- to supply electricity; “Authority” means The Southern Electric Authority. Authority of Queensland established, constituted and incorporated by and under this Act; “ By-laws ” means by-laws made by the Authority By-laws, under the authority of this Act; “Commission” means The State Electricity Commission. Commission of Queensland constituted under *“ The State Electricity Commission Acts, 1937 to 1952 ” ; “ Commissioner ” means the Commissioner for Com- Electricity Supply under *uThe State Electricitymi8Sloner' Commission Acts, 1937 to 1952 ” ; “ The Company ” means City Electric Light Company. Company Limited ; “ Construct ” includes erect, lay down and place ; Construct. “ Document ” includes summons, notice, order Document, and other legal process, minutes and registers; > “ Electricity ” means and includes electric current, Electricity, electrical energy or any like agency ; “ Electric authority ” means an electric authority Electric under and within the meaning of f“ The authonty- Electric Light and Power Acts, 1896 to 1946 ” ; “ Electric line ” means and includes a wire or Electric wires, conductor, or other means, used forlme- the purpose of conveying, transmitting, transforming or distributing electricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket or insulator
* 1 G. 6 No. 26 and amending Acts, t 60 V. No. 24 and amending Acts. 76 ELECTRICITY.
Part I.— Preliminary. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
enclosing, surrounding or supporting the same or any part thereof or any apparatus connected therewith for the purpose of conveying, transmitting, transforming or distributing electricity; Meter. “ Meter ” includes every kind of machine used ■ for measuring electricity ; Minister. “ Minister ” means the Secretary for Mines and Immigration or other Minister of the Crown for the time being administering this Act; Officer. “ Officer ” includes a member, Manager or Secretary ; Person. “ Person ” includes any body or association or persons corporate or incorporate and any Local Authority (including Brisbane City Council) and any Friendly Society; Premises. “ Premises ” means any building, structure, land and adjuncts thereto which are rented, leased or owned by the person or persons concerned ; Prescribed. “ Prescribed ” means prescribed by this Act; Public body. “ Public body ” means and includes the Crown, the Governor in Council, any Minister of the Crown, any Local Authority including Brisbane City Council and any Joint Local Authority and any body, board, authority or corporation (including a corporation sole) constituted or incorporated by or under any Statute and authorised by Statute to carry on a public undertaking ; Region. “ Region ” means a region of electricity supply constituted under *“ The Regional Electric Authorities Acts, 1945 to 1952 ” ; Regional “ Regional Board ” means a Regional Board Board. constituted under *“ The Regional Electric Authorities Acts, 1945 to 1952,” in respect of any region ; Regulations. “ Regulations ” means regulations made under this Act; Road. “ Road ” means and includes any road, street, square, court, alley, highway, thoroughfare, lane, footpath, public passage or place which the public are entitled to use, and any wharf, * 9 G. 6 No. 16 and amending Acts. ELECTRICITY. 77
Past i.— 1952. Southern Electric Authority of Queensland Act. Preliminary. jetty, bridge, park or reserve which is under the control of a public authority or a Local Authority ; “ The Rules ” means the rules set out in the first Rules. Schedule to this Act and any rules or regulations made pursuant to such rules ; “ Statutory corporation ” means any corporation, statutory company or person exercising statutory corporation, powers over any road or owning or operating any railway, tramway or canal under any statutory powers ; “This Act”—The term includes the Agreement This Act. and %11 Proclamations, Orders in Council, regulations and by-laws under this Act and for the time being in force ; “ Undertaking ” includes the works, lands, under property and operations incidental to the taldn«- carrying out of the business of the Authority. The term does not include the undertaking of Queensland Industries Pty. Limited or of any subsidiary thereof; “ Variable interest stock ” or “ V. I. stock ” Variable means unsecured stock bearing a variable ^ock.St rate of interest which the Authority is authorised under this Act to issue ; “ Works ” means and includes electric lines and Works, also any buildings, structures, machinery, engines, meters, lamps, transformers, plant and equipment (fixed or mobile) sub-stations, street boxes, cables, materials, conveniences, appurtenances, apparatus, works, matters and things of every description whether for or in connection with the generation, transmission, distribution or supply of electricity or otherwise forming part of the undertaking of the Authority; “ Year ” means the period of time from and Year, including the first day of July in any calendar year to and including the thirtieth day of June in the next succeeding calendar year. When one word or phrase includes another the derivatives of the one include those of the other. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act. 78 ELECTRICITY.
Part I.— Preliminary. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
Administra tion of Act. 4. Subject to the Minister the Commission shall administer this Act. Part II.— Constitution of THE Authority. Part II.—Constitution of the Authority. Establish 5. A public authority of the State of Queensland ment of Authority. to be known as “ The Southern Electric Authority of Queensland ” (being an Electricity Board) with the constitution and rules set out in the First Schedule to this Act is. hereby established constituted and incorporated.
Authority 6. (1.) The Authority shall be a body corporate to be corporation. under the name and style “ The Southern Electric Authority of Queensland ” and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued and of taking, purchasing, holding, alienating, having and otherwise dealing with real and personal, movable and immovable property within and outside the State of Queensland and of doing and suffering all such other acts and things as corporate bodies may by law do and suffer.
(2.) All Courts, Judges, justices and persons acting judicially shall take judicial notice of the seal of the Authority affixed to any document, notice or other writing and until the contrary is proved, shall presume that it was duly affixed. (3.) The Authority shall not be deemed to represent the Crown. (4). No member or officer or servant of the Authority shall as such be deemed to be a member of the Public Service of the State of Queensland or an employee of the Crown. Members of 7. (1). The first members of the Authority shall Authority. be :— Edward Satchwell Cornwall Harold Henry Corser Joseph Harold Hoare James Harvy Holmes Guy Gilroy L’Estrange, and Harold Neil Smith and the Authority shall be constituted by them until the Governor in Council, in pursuance of the Agreement, appoints a second additional member, whereupon and ELECTRICITY. 79
Part II.— Constitution 1952. Southern Electric Authority of Queensland Act. of THE Authority. whereafter the abovenamed persons and that appointee shall constitute the Authority until the membership thereof is changed under or in pursuance of this Act. (2.) The members of the Authority shall retire and be removed from office and be appointed in the manner provided by the Agreement and the Rules.
8. (1.) The Minister is hereby authorised to make, Agreement for and on behalf of the State of Queensland, with the Minister and Authority the Agreement a copy of which is set out in the Authority. Second Schedule to this Act. (2.) Notification of the making of the Agreement ^°c^a' shall be given by the Governor in Council by Proclamation proclaimed published in the Gazette and by such Proclamation the day- Governor in Council shall fix a day to be the proclaimed day for the purposes of this Act. (3.) Upon the making of the Agreement and the Agreement publication of such Proclamation in the Gazette the f°rceTf law. provisions of the Agreement shall have the force of law as though the Agreement was an enactment of this Act and the Authority shall be an Electricity Board and be exclusively authorised to supply electricity within the area of supply. (4.) The Agreement may be altered or varied from Alteration time to time pursuant to an agreement made between Agreement, the Minister, for and on behalf of the State of Queensland and the Authority and approved by the Governor in Council by Proclamation published in the Gazette and no provision of the Agreement shall be altered or varied or the powers or rights of the Authority under the Agreement derogated from except in such manner. Any alteration or variation of the Agreement not made and approved in such manner shall be void and of no legal effect whatsoever. (5.) Unless and until the Legislative Assembly Amending pursuant to section seventy-nine of this Act disallows toShave6nt by resolution a Proclamation approving an alteration orforce of law- variation of the Agreement made in the above manner the provisions of the Agreement making such alteration shall have the force of law as though such lastmentioned Agreement were an enactment of this Act.
9. (1.) The Governor in Council may from time to ®iou time by Order in Council extend the area of supply of supply, defined in the Agreement to include any other area. 80 ELECTRICITY.
Part II.— Constitution of THE Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Authority.
(2.) The Governor in Council may from time to time by Order in Council alter the area of supply in the manner provided by the Agreement.
Part III.— Acquisition by Authority Part III.—Acquisition by Authority of Electric of Electric Authorities. Authorities. Division I.— Acquisition Division I.—Acquisition by Agreement. by Agreement. 10. The Authority may, with the approval in Under writing of the Commission, acquire by agreement the takings may be acquired undertaking or part of the undertaking of any electric by authority. Upon the making of such agreement, the agreement. Governor in Council may by Order in Council extend the area of supply of the Authority to include the area or part of the area of such electric authority.
Division II.— City Electric Light Company Division II.—City Electric Light Company Limited. Limited. Under 11. The Company, after the making of the taking of Proclamation pursuant to section eight of this Act and Company outside not later than the proclaimed day, shall assign and Queensland. transfer, as from and including the first day of February, one thousand nine hundred and fifty-three,’ to the Authority, or, if so directed, by the Authority, to such other corporation or body as the Authority shall establish or set up for the purpose, the undertaking and assets of the Company outside the State of Queensland and do all such things and execute all such documents as are required to perfect and complete such assignment and transfer and the Directors of the Company are hereby empowered so to do.
Company to be 12. On the proclaimed day— dissolved : Authority (a) The Company shall cease to be an electric to be authority ; successor of Company. (b) The Agreement made the thirteenth day of July, one thousand nine hundred and thirty - nine, between the Commission and the Company and published by Proclamation in the Gazette on the twenty-fifth day of September, one thousand nine hundred and thirty-nine (as from time to time amended) and all Orders in Council pursuant to the said Agreement shall be cancelled and determined; (c) The Company shall be dissolved ; ELECTRICITY. 81
Part III — Acquisition 1952. Southern Electric Authority of Queensland Act. by Authority of Electric (d) Notwithstanding such dissolution all powers Authorities. Division II.— of the Company and of the shareholders and City Electric Light Company the Directors thereof shall and may be Limited. exercised by the Governor in Council or by such person or persons as may be appointed for the purpose by the Governor in Council by Order in Council under the provisions of this Act; and (e) The Authority shall be deemed to be the successor in law of the Company.
13. (1.) Without affecting the generality of this On Act, on the proclaimed day— dly^und^
(a) The undertaking and assets of the Company transferred6 within the State of Queensland shall beto Authority, transferred to and vested in the Authority as from and including the first day of February, one thousand nine hundred and fifty-three, and all assets and property, real or personal, movable or immovable, and all powers, authorities, amenities, rights, privileges and functions and all liabilities, obligations and duties which immediately before the proclaimed day were vested in, exercisable or owing by or imposed or binding upon the Company by virtue of any Act or otherwise howsoever shall without any transfer, assignment or conveyance or notice other than this Act, be transferred to, vested in, exercisable or owing by, imposed or binding upon, and be executed by the Authority;
(6) All contracts, deeds, bonds, agreements and other instruments legally made or entered into by or on behalf of the Company or binding upon the Company and in force immediately before the proclaimed day, shall be as binding and as of full force and effect in every respect as they would have been in favour of or against the Company and may he enforced as fully and effectually as if the same had been entered into by or on behalf of the Authority; 82 ELECTRICITY.
Part III — Acquisition by Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Authority of Electric Authorities. (c) All debts due and moneys payable by the Division II.— City Electric Company and all claims liquidated or Light Company Limited. unliquidated recoverable against the Company shall be debts due and moneys payable by and claims recoverable against the Authority ; (d) All moneys and liquidated and unliquidated claims payable to or recoverable by the Company shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Authority ; (e) Any proceeding which immediately before the proclaimed day is pending or existing by or against the Company shall not abate, be discontinued or in any way prejudicially affected, but may be continued, prosecuted or enforced by or against the Authority as it may have been by or against the Company but not further or otherwise; (/) Any reference in any Act or document to the Company shall (unless inconsistent with the context or subject matter) be deemed to be taken to refer to the Authority and every such Act or document shall be read as though the name “ The Southern Electric Authority of Queensland ” appeared therein in place of the name “ City Electric Light Company Limited ” ; (g) All matters and things of a continuing nature lawfully made, done or commenced before the proclaimed day by or on behalf of the Company shall be deemed to have been made, done or commenced by or on behalf of the Authority ; and (h) Every person employed immediately before the proclaimed day by the Company shall be transferred to the employment of the Authority and shall be paid salary or wages at a rate which is payable to him immediately before the proclaimed day by the Company until such salary or wages is or are varied or altered by the Authority or by law and shall have and enjoy the same rights and privileges and conditions of employment as if he had continued to be an employee of the Company. ELECTRICITY. 83
------Part III.— 1952. Southern Electric Authority of Queensland Act. acquisition ______;______Authority of Electric (2.) If the proclaimed day shall be after the first AuTH0KITIES- day of February, one thousand nine hundred and ^^eiUhc fifty-three, then as from and including the first day of UgumManv February, one thousand nine hundred and fifty-three, Retro_ the Company shall be deemed to have carried on itsspective business and undertaking on behalf of the Authority ^mtl0n o£ and shall account and be entitled to be indemnified accordingly and all contracts and obligations entered into by it (including payment of directors fees and auditors fees) are expressly ratified. (3.) The Registrar of Titles shall upon the written application of the Authority register the Authority as° ' proprietor of estates and interests in lands under *“ The Real Property Acts, 1861 to 1952,” vested in it or to which it is or may be entitled by virtue of this Act and for that purpose may make every entry, cancellation and correction in any Register Book as shall to him appear necessary and proper. (4.) The Secretary for Public Lands and the Secretary Secretary for Mines shall respectively upon the written a°rd an 8 application of the Authority register or cadse the Secretary Authority to be registered in respect of the estate ortor mes- interest created under any Act administered by the Secretary for Public Lands or, as the case may be, the Secretary for Mines in any land which is vested in it or to which it is or may be entitled by virtue of this Act and for that purpose may respectively make or cause to be made every entry, cancellation and correction in any register of estates and interests in lands kept in his Department as shall appear necessary and proper. (5.) If the Company on or before the proclaimed Y“ler' day shall have assigned and transferred to the Authority outside or such corporation or body as aforesaid the undertaking Queensland and assets of the Company outside the State 0fasslgne • Queensland the Governor in Council and such person or persons as may be appointed for the purpose by the Governor in Council by Order in Council may thereafter do all such things and execute all such documents as are required to perfect and complete such assignment and transfer. (6.) If the Company on or before the proclaimed day J£jT^er‘ shall not have assigned and transferred to the Authority outside or such corporation or body as aforesaid the undertaking Queensland and assets of the Company outside the State ofn° assigne * * 25 V. No. 14 and amending Acts. 84 ELECTRICITY.
Part III.— Acquisition by Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Authority of Electric Authorities. Queensland the provisions of this section shall relate Division II.— City Electric only to so much of the assets and undertaking of the Light Company Limited. Company as are within the State of Queensland.
Rights of 14. Nothing in this Act shall prejudicially affect debenture holders any security, rights, powers, authorities and remedies of protected. any holder of a bond, debentures, mortgage, deed or other security given by the Company but every such holder shall have and continue to have during the currency of his bond, debenture, mortgage, deed or other security the same rights, powers and remedies in respect of the undertaking and other assets of the Authority and the revenues therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Authority instead of by the Company in priority to any loan raised by the Authority.
Ratification 15. All payments of dividends already declared or of payments. which may hereafter be declared by the Company in accordance with the provisions of the Agreement made the thirteenth day of July, one thousand nine hundred and thirty-nine, between the Commission and the Company are expressly ratified.
Issue of 16. (1.) The holders of shares in the Company, variable interest by way of compensation for the loss of their shares stock by the in the Company extinguished as aforesaid, shall have Authority. the right to receive in the manner and to the extent provided in this section, fully paid variable interest stock of the Authority conferring the rights provided by the Agreement and also the right (by reason of their holding of V. I. stock for the time being) to subscribe and pay for further V. I. stock from time to time as provided by the Agreement.
(2.) As soon as possible after the proclaimed day the Authority shall issue to the holders of shares in the Company on the proclaimed day fully paid variable interest stock of the Authority in manner following :— (a) Twenty-four pounds (£24) of variable interest stock for each twenty-three (23) 6 per centum preference shares in the Company ; (b) Twenty-eight pounds (£28) of variable interest stock for each twenty-three (23) 7 per centum preference shares in the Company ; electricity: 85
PART III.— Acquisition 1952. Southern Electric Authority of Queensland Act. BY Authority of Electric (c) Variable interest stock of the same nominal Authorities. Division II- value as the fully paid ordinary shares in City Electric the Company ; and 9 Limited. (d) Variable interest stock of the same nominal value as the amount paid up on the partly paid shares of the Company : Provided that if the holder of such partly paid shares of the Company pays to the Authority the unpaid balance on such shares within such time as shall be notified by the Authority to such holder, he shall upon such payment receive variable interest stock of the same nominal value as such ordinary shares. (3.) The amount of variable interest stock to be issued as aforesaid to each holder of shares shall be calculated to the nearest pound (£). (4.) If the Company on or before the proclaimed day shall not have assigned and transferred to the Authority or to such other corporation or body as aforesaid the undertaking and assets of the Company outside the State of Queensland the amount of variable interest stock to be issued by the Authority to the shareholders of the Company in exchange for their shares in manner provided by this section shall be reduced by the value of such undertaking and assets of the Company outside the State of Queensland 3,s determined by the Commission, and the Commission shall determine all questions arising in connection with the distribution of the variable interest stock so reduced in value among the shareholders of the Company.
Division III.— Division III.—Electric Authorities other than Local Authorities a ,7 •, • other than Authorities. Local Authorities. 17. The Governor in Council may, upon the sale Transfer of to him or the acquisition by him for and on behalf of Her undertakings Majesty of the undertaking of any electric authorityt0 Authonty‘ (not being a Local Authority) or any part of any such undertaking, by Order in Council vest such undertaking or such part in the Authority and the Authority shall pay to the Governor in Council the cost of the acquisition of such undertaking or such part together with all expenses incurred by the Governor in Council upon such acquisition. 86 ELECTKICITY. Part III.— Acquisition, by Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Authority of Electric Authorities. Division IV.—Local Authorities. Division IV.— Local Authorities. 18. (1.) The Governor in Council may from time Vesting of to time by Order in Council published in the Government electricity- Gazette prescribe a date on and after which any specified undertakings of electric Local Authority or Local Authorities which is or are an authorities electric authority or electric authorities for any area or in the Authority. areas included in the area of supply for the time being of the Authority shall cease to be an electric authority.
(2.) As and from the date so prescribed by the Governor in Council the following provisions shall, subject to this Act, have effect, namely :— ' (a) The undertaking as such electric authority of such Local Authority shall be divested from such Local Authority and shall vest in the Authority : (b) All real and personal property, and every right, title, estate or interest therein and all management and control of any matters or thing which immediately before the prescribed date was vested in or belonged to such Local Authority as such electric authority shall, without any transfer, assignment or conveyance or notice other than such Order in Council, vest in and belong to the Authority ; (c) All moneys and liquidated and unliquidated claims which immediately before the prescribed date are payable to or recoverable by such Local Authority as such electric authority shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Authority ; (d) All suits, actions and proceedings pending immediately before the prescribed date by or against such Local Authority as such electric authority may be carried on and prosecuted by or against the Authority, and no such suit, action or proceedings shall abate or be prejudicially affected by any Order in Council made under this Act; (e) All contracts, agreements and undertakings entered into with, and all securities lawfully given to or by such Local Authority as such electric authority existing at the prescribed ELECTRICITY. 87 PART III.-—■ Acquisition 1952. Southern Electric Authority of Queensland Act. by Authority oe Electric date shall be deemed to be contracts, Authorities. Division IV.— agreements and undertakings entered into Local with and securities given to or by the Authorities. Authority and may be enforced by or against the Authority accordingly ; (/) All debts and moneys payable by such Local Authority as such electric authority (including any amount due by such Local Authority as such electric authority to itself as such Local Authority) and all claims liquidated or unliquidated recoverable against such Local Authority as such electric authority shall be debts due and moneys payable by and claims recoverable against the Authority; and (g) All employees of such Local Authority as such electric authority shall become and be employees of the Authority and the Authority shall give to every such employee who is then and has been during the preceding period of two years regularly employed in or about the transferred undertaking equivalent employment for at least twelve months so that the service of such officer or other employee with the Authority shall be deemed to have been continuous service from the time of such commencement of such service with such Local Authority or alternatively the Authority shall (unless such officer or other employee has of his own accord refused to accept or has terminated such equivalent employment) compensate such officer or other employee to an amount to be mutually agreed upon or in case of dispute to be settled by the Industrial Court, provided that subject to this Act and to *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1952,” nothing in this paragraph shall prevent the Authority from dismissing or otherwise terminating the employment of any such officer or employee during such period of twelve months for
* 23 Cl. 5 No. 36 and amending Acts. 88 ELECTRICITY.
Part III.— Acquisition by Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Authority op Electric Authorities. inefficiency or misconduct or for any other Division IV.— Local cause whatever without payment of Authorities. compensation. (3.) Upon the transfer to the Authority of the undertaking as an electric authority of any Local Authority, that Local Authority shall deliver to the Authority all books, documents, records and papers relating to such undertaking. Indemnity (4.) The Authority shall as from the prescribed date to electric i authorities. indemnify and keep harmless every Local Authority the undertaking as an electric authority of which is vested in the Authority, against all claims against such Local Authority in respect of goods delivered for the purposes of such undertaking and against all claims or any other liabilities incurred in respect thereof. (5.) The Authority shall pay all interest accruing due in respect of any moneys borrowed on account of the said electricity undertaking and make the contributions or payments required by law or by any agreement to the sinking fund established in connection with any loan or for the redemption of the principal thereof or on account of such undertaking.
(6.) Neither the coming into operation of this Act nor any provision hereof shall prejudicially affect any security, rights, powers, authorities and remedies of any holder of a bond, debenture, mortgage, deed or other security given by any Local Authority as au electric authority before the date upon which the undertaking as an electric authority of such Local Authority is vested in the Authority but every such holder shall have and continue to have during the currency of his bond, debenture, mortgage, deed or other security the same rights, powers and remedies in respect of the electricity undertaking and other assets of the Authority (including all electricity undertakings and assets vested in the Authority under this Act) and the revenue therefrom as if the bond, debenture, mortgage, deed or other security had been given by the Authority instead of by the Local Authority. (7.) The liabilities imposed on the Authority by this section shall for the purpose of securing the discharge thereof rank in priority over any loan raised by the Authority on and after the prescribed day. ELECTRICITY. 89
Part III.— Acquisition 1952. Southern Electric Authority of Queensland Act. by Authority of Electric Authorities. (8.) If any officer or other employee of such Local Division IV.— Authority who becomes an employee of the Authority Local as aforesaid is entitled to any leave or superannuation Authorities. or retiring benefits or allowances from such Local Authority, such Local Authority shall remain liable for the expenses of any payments on account of the leave, retirement or death of such officer or employee or alternatively shall pay to the Authority on account thereof such sums as shall be just. (9.) If any officer or other employee of such Local Authority who becomes an employee of the Authority as aforesaid shalLbe entitled to any leave, superannuation or retiring benefits or allowances under any benefit, provident or superannuation fund or scheme existing in connection with his employment by such Local Authority, such benefit, provident or superannuation fund or scheme shall remain liable for the expenses of any payments on account of the leave, retirement or death of such officer or employee or alternatively shall make such payment on account thereof to the Authority or to any benefit, provident or superannuation fund or scheme of the Authority as shall be just.
(10.) Any question, difference or dispute arising or about to arise between such Local Authority and the Authority may be referred by either party to the Minister for settlement and thereupon— (i.) The Minister may make or cause to be made such investigations as he deems necessary or may direct the Commission to make such investigations as he deems necessary ; (ii.) The Minister may appoint the Commissioner or any person to hold any inquiry and report to him upon any matter arising in or relating to any such question, difference or dispute and the Governor in Council may by Order in Council declare that *“ The Commissions of Inquiry Act of 1950 ” or the provisions of that Act specified in the Order in Council, shall be applicable for the purposes of such an inquiry and thereupon that Act or, according as declared by the Governor in Council, the provisions thereof so specified shall apply to and with respect to the inquiry ; * 15 G. 6 No. 2. 90 ELECTRICITY.
Part—III. Acquisition by Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50. Authority of Electric Authorities. (iii.) The Governor in Council may make such Order Division IV.— Local in Council in the public interest as in the Authorities. circumstances may seem just and equitable. Any such Order in Council shall be final and conclusive and shall be given effect to by the Local Authority and the Authority and by any such benefit, provident or superannuation fund or scheme or the trustees thereof as the case may be.
(11.) In this section the term “ Local Authority ” includes a Joint Local Authority.
Vesting of 19. (1.) The Governor in Council may from time part of electricity to time by Order in Council published in the Government undertaking Gazette prescribe a date on and after which any specified of electric authorities. Local Authority or Local Authorities which is or are an electric authority or electric authorities in any area or areas included in the area of supply for the time being of the Authority shall cease to be an electric authority for any part or parts of such area or areas as defined in such Order in Council.
(2.) As and from the date prescribed by the Governor in Council the following provisions shall, subject to this Act, have effect, namely :— (a) The part of the undertaking as such electric authority of such Local Authority in such part or parts of such area or areas shall be divested from such Local Authority and shall vest in the Authority; (b) All electric lines and works and all other real and personal property of such Local Authority as such electric authority in such part or parts of such area or areas specified in such Order in Council shall, without any transfer, assignment or conveyance or notice other than such Order in Council vest in and belong to the Authority ; (c) The Authority shall pay to such Local Authority the depreciated value of all electric lines and works and other real and personal property so transferred. In default of agreement the amount of such depreciated value so to be paid shall be determined by ELECTRICITY. 91
Part III.— 1952. Southern Electric Authority of Queensland Act. acquisition ------Authority of Electric the Commission. Such amounts shall be paid authorities. at such time or times as shall be fixed by the Bivis^Jr~ Commission and pending payment shall bear interest at such rate as is fixed by the Commission. (3.) In this section the term “ Local Authority ” includes a Joint Local Authority. Part IV.— Finance AND Part IV.—Finance and Accounts. Accounts. Division I.— Division I.—Accounts and Audit. Accounts and Audit. 20. (1-) The Authority shall cause to be kept Books of proper books of account with respect to— Account. (a) All sums of money received and expended by the Authority and the matters in respect of which the receipt and expenditure takes place; (b) All sales and purchases by the Authority ; and (c) The assets and liabilities of the Authority. (2.) The books of account shall be kept at the principal office of the Authority or at such other place in the State of Queensland as the members resolve and shall at all times be open to inspection by the members. (3.) Accounts shall be kept in accordance with accepted accountancy practice and shall contain all necessary detail but shall not be required to conform with the manner in which the accounts of the public moneys and funds of the State of Queensland are required to be kept. (4.) If any person being a member of the Authority fails to take all reasonable steps to secure compliance by the Authority with the requirements of this section, or has by his own wilful act been the cause of any default by the Authority hereunder, he shall, in respect of each offence, be liable to imprisonment for a term not exceeding six months or to a penalty not exceeding two hundred pounds : Provided that a person shall not be punished for an offence under this subsection unless, in the opinion of the Court dealing with the case, the offence was committed wilfully. 21. (L) Each ordinary general meeting of the Auditors to variable interest stockholders shall appoint an auditor appointed, or auditors or firm’ of auditors, who shall be a public 92 ELECTRICITY.
Part IV.— Finance and Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Accounts. Division I.— Accounts and accountant or public accountants within the meaning , Audit. of and registered as such under *“The Public Accountants Registration Acts, 1946 to 1949,” to hold office until the next ordinary general meeting. (2.) The first auditors of the Authority may be appointed by the members. (3.) The members may fill any casual vacancy in the position of auditor, but while any such vacancy continues, the surviving or continuing auditor or auditors, if any, may act. (4.) The remuneration of the auditors shall be fixed by a resolution of the variable interest stockholders in general meeting or in such manner as the variable interest stockholders in general meeting determine except that the remuneration of any auditor appointed by the members may be fixed by the members.
Auditors’ report. 22. (1.) The auditors shall make a report to the Authority on the accounts examined by them and on every balance sheet of the Authority during their term of office and the report shall state— (a) Whether or not they have obtained all the information and explanations they have required ; and (b) Whether in their opinion the balance sheet referred to in the report is properly drawn up so as to exhibit a true and correct view of the state of the Authority’s affairs according to the best of their information and the explanations given to them and as shown by the books of the Authority ; and (c) Whether in their opinion the accounts and records which the authority is required to keep by this Act and the rules have been properly kept. Auditors to have right (2.) Every auditor of the Authority shall have a of access. right of access at all times to the books of account and vouchers of the Authority and shall be entitled to obtain from the members and officers of the Authority such information and explanations as may be necessary for the performance of the duties of the auditors.
* 11 G. 6 No. 4 and amending Acts. ELECTRICITY. 93
Part IV.— Finance 1952. Southern Electric Authority of Queensland Act. AND Accounts. Division I.— 23. (1.) The Authority shall at the end of every year Accounts and cause to he prepared— Audit. Revenue (a) A revenue account and balance sheet; and account balance sheet (b) A report of the operations of the Authority, and reports. for the year. (2.) The first accounts and report shall be for the period from the first day of February, one thousand nine hundred and fifty-three to the thirtieth day of June, one thousand nine hundred and fifty-three. (3.) The report of the auditors shall be attached to such revenue account and balance sheet. (4.) Such revenue account and balance sheet and such report shall be signed on behalf of the Authority by at least two of the members. (5.) If any copy of a balance sheet which has not been signed as required by this section is issued, circulated or published or if any copy of the balance sheet is issued, circulated or published without having a copy of the report of the auditors attached thereto, every member, manager, secretary or other officer of the Authority who is knowingly a party to the default shall be guilty of an offence and liable to a penalty not exceeding fifty pounds.
24. (1.) A copy of every revenue account and Copies to be balance sheet prepared by the authority after being audited and of every such report shall be forwarded to and Minister, the Commission and to the Minister. (2.) The Minister shall lay the same before Parliament. 25. The Minister may at any time from time to Special time direct the Auditor-General to make a special audit Auditor-7 of the accounts of the Authority and for such purpose General, the Auditor-General shall have all of the powers and authorities conferred upon him by *“ The Audit Acts, 1874 to 1951.” Division II.— Interest Division II.—Interest during Construction. cJSi&n. 26. Where any works, buildings or plant has not interest been brought into service the Authority may charge ^^on- interest on the cost of construction thereof to capital as part of the cost of the works, buildings or plant. * 38 V. No. 12 and amending Acts. 94 ELECTKICITY.
Part IV.— Finance AND Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Accounts. Division III.— Loans and Division III.—Loans and Deposits. Deposits. Bank 27. The Authority, for the purposes of enabling advances. it to carry into effect any of its powers or duties, may borrow money and may obtain advances by overdraft on current account with any Bank or Banks and such loans and advances may be charged upon the income and revenue of the Authority.
Deposits. 28. The Authority may receive money on deposit at call or on fixed deposit.
Sinking 29. The Authority shall provide such sinking Funds and Reserves. funds and reserves for the repayment of loans borrowed by the Authority as are required by the term of, or terms of issue of, such loans or by any Order in Council.
Protection 30. (1.) A person advancing money to the to lenders. Authority shall not be bound to enquire into the application of the money advanced or be in any way answerable for the non-application or mis-application thereof.
(2.) The issue of any Order in Council under the provisions of section thirty-six of the Act, shall, in favour of a lender and of any holder of a security given by the Authority be conclusive evidence that all conditions precedent to the borrowing have been complied with. Division IV.— Variable Interest Stock. Division IV.—Variable Interest Stock. Issue of variable 31. (1.) In addition to the variable interest stock interest issued pursuant to section sixteen of this Act the stock. Authority may issue further variable interest stock and borrow money by the further issue of variable interest stock in the manner and to the extent provided by the Agreement but not otherwise. (2.) The Treasurer upon the application of the Authority shall give his consent to the issue by the Authority of variable interest stock as aforesaid.
Rights of 32. (1.) Subject to the Agreement variable interest variable interest stock shall confer upon the holders thereof the rights stockholders. provided by the Agreement. (2.) Except as provided in the Agreement variable interest stock shall be interminable. ELECTRICITY. 95
~ ’ Part IV.— 1952. Southern Electric Authority of Queensland Act. F™^CE ______Accounts. (3.) The holders for the time being of variable Dlvvaritiu~ interest stock shall be creditors of the Authority for the IsS; amount of interest accrued due on the stock and, subject as provided in subsection two of this section, for the amount paid up on the stock. 33. Variable interest stock shall not for any purpose Variable be deemed to be secured debentures or inscribed stock stock not which may be issued by the Authority under Division secured. V. of this Part of this Act. debentures. Division V.—
Division V.—Secured Debentures and Stock. Debenturesand Stock. 34. (1.) For securing the repayment of the principal Issue of and interest of any money borrowed the Authority may debentures issue debentures or inscribed stock in manner provided g^(c™scribed by the rules and the Treasurer on the application of the Authority may consent thereto.
(2.) The Authority may authorise the sale or disposal of any such debentures or inscribed stock in Queensland or any place beyond Queensland and may appoint an agent or agents to negotiate such sale. (3.) Debentures and inscribed stock shall be issued in such series at such time and in such manner as the Authority thinks fit and shall be transferable in manner provided by the rules. (4.) Every such debenture shall specify the time when and the place where the principal and interest are payable. (5.) Every such debenture shall be under the seal of the Authority and when so sealed shall be taken to have been duly issued and the holder thereof shall not be bound to enquire whether such issue was in fact duly authorised.
(6.) The holder of any such debenture shall be entitled to receive payment from the authority of the principal sum named therein upon presentation of such debenture, on or after the due date thereof, at the place where the same is expressed to be made payable. (7.) Every such debenture may have annexed thereto for every payment (whether of principal or interest or principal and interest) to grow due thereon a coupon and in such case such debenture and coupon shall be transferable by simple delivery. 96 ELECTRICITY.
Part IV.— Finance and Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Accounts.
Dwsemrai' (8.) The holder of any coupon originally annexed and Stock. to any such debenture, and whether separated therefrom or not, shall be entitled to receive payment in like manner of the sum named in the said coupon upon presentation of the same at the place where and on or after the date when such sum is payable. (9.) The due repayment of debentures and inscribed stock and the interest thereon shall be charged upon the income1 and revenue of the Authority. Such charge shall not prejudice or affect the power of the Authority to sell or convey any property vested in it free of any such charge. (10.) No notice of any trust expressed, implied or constructive, shall be received by the Authority or any servant of the Authority in relation to any debenture or stock issued by the Authority. (11.) The Authority shall pay stamp duty in accordance with *“ The Stamp Duties Acts, 1934 to 1942,” upon the total amount of every issue of debentures or inscribed stock and all debentures and stock certificates of such issue shall thereupon be exempted from duty. Nothing in this section shall exempt any transfers or contracts for the sale of such debentures or inscribed stock from stamp duty. Debentures 35. All debentures, stock, bonds or other securities to rank which may be secured upon the income and revenue ' of the Authority, unless otherwise provided by the terms thereof or the terms of issue thereof shall rank pari passu without any preference one above another by reason of priority of date or otherwise but shall be subject always to any prior charge. Advances by 36. (i.) The Governor in Council may authorise Treasurer. ^he Authority to borrow money from the Treasurer. Guarantee (2.) The Governor in Council may by Order in by Governor Council authorise the Authority to borrow money by the sale, disposal or issue of debentures or inscribed stock. The Order in Council shall declare the amount which may be so borrowed, the purposes for which the same shall be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan whether by yearly or half-yearly payments, or payments into a sinking fund * Semhle “ The Stamp Acts, 1894 to 1950 ” (58 V. No. 8 and amending Acts). ELECTRICITY*! 97 . — ______— . pART XV.— 1952. Southern Electric Authority of Queensland Act. F“B ______^^______Accounts. and such other conditions as the Governor in Council Secured thinks proper to impose. The due repayment of any and Stock. such debentures or inscribed stock and the interest thereon is hereby guaranteed by the Governor in Council. Any liability arising from such guarantee shall be payable out of moneys appropriated by Parliament. (3.) The Authority shall be and be deemed to be a Authority to “ local body ” under and within the meaning of *“ The body °?a Local Bodies’ Loans Guarantee Acts, 1923 to 1936,” and the provisions of that Act shall, subject to such modifications thereof as the Governor in Council may by Order in Council prescribe either generally or in any particular case, apply and extend accordingly. 37. Every loan advanced by the Treasurer under Repayment the provisions of this Act shall be liquidated by the Treasurer, payment to the Treasurer by the Authority on the first days of January and July respectively in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until the moneys advanced from time to time by the Treasurer, together with the interest accruing thereupon, have been so paid. The Treasurer may at any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereupon or with respect to any other matter requiring adjustment.
38. Any Trustee unless expressly forbidden by the Trustee instrument (if any) creating the trust may invest any8eourity' trust moneys in his hands in debentures or stock issued by the Authority under this Division of this Part of the Act and the investment shall be deemed to be an investment authorised by section four of f “ The Trustees and Executors Act of 1897,” and the said Act shall apply and extend accordingly.
39. Any debentures or stock issued by the Debentures Authority under this Division of this Part of the Act shall be a lawful investment for any moneys which any ’ Local Authority, public authority, body corporate, * 14 G. 5 No. 8 and amending Acts. f 61 V. No. 10. D 98 ELECTRICITY.
Part IV.— Finance and Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Accounts. Division V.— Secured company, friendly society, or trade union or branch Debentures and Stock. thereof incorporated or formed by or under any Act of the State of Queensland, is authorised or directed to invest in addition to any other investment expressly provided for the investment of such moneys. Defaults in 40. (1.) In the months of February and August, repayment of loans to respectively, in every year, the Treasurer shall cause to Treasurer. be published in the Gazette a statement showing, with respect to every loan advanced to the Authority by the Treasurer, the amount of money which is then overdue and in arrear and also the total of the principal sum then remaining unpaid. Appoint (2.) If thereafter on the thirtieth day of April or ment of receiver by the thirty-first day of October, respectively, any part of Treasurer. such money so overdue and in arrear remains unpaid or if the Treasurer pays any moneys under any guarantee given under this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Authority to the amount stated in such notification and the Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of such receiver and the management by him of the business of the Authority as the Treasurer thinks proper, and judicial notice shall be taken of all such orders and directions. Thereupon such receiver shall from the date stated in such notification be the only person legally entitled to receive the revenues of the Authority, and shall be deemed to that extent and for that purpose to be a “ public accountant ” within the meaning of *“ The Audit Acts, 1874 to 1951.” (3.) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income. Default in repayment 41. (1.) If default is made by the Authority in of making any payment whether of principal or interest to debentures : Appoint the holder of any debenture or coupon issued or stock ment of inscribed by the Authority, the holder thereof may receiver by Court. make application to and procure all necessary orders and directions from the Supreme Court for the appoint ment of a receiver and such Court shall have power to * 38 V. No. 12 and amending Acts. ELECTRICITY.
“ ; Part IV.— 1952. Southern Electric Authority of Queensland Act. FIandCE ______Accounts. make all such orders for the appointment of a receiver or for his removal and the appointment of another in ‘ his place as may be necessary and to make any orders and give any direction which such Court may think proper.
(2.) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income. (3.) A receiver shall be deemed to be an officer of such Court and shall act under its directions.
42. A receiver appointed by the Treasurer shall be Bemunera- entitled to such commission or remuneration for his^^er. services as the Treasurer may order and a receiver appointed by the Court shall be entitled to such commission or remuneration as the Court may order. The commission or remuneration shall be payable out of the income for and in respect of which he has been appointed receiver. 43 (1.) A receiver whether appointed by the Powers and Treasurer or the Court shall have power to collect all^e^e°f the income payable to the Authority, which he has been authorised to collect and for the purposes of this section a receiver shall be deemed to be the Authority and may exercise all the powers of the Authority.
(2.) A receiver shall pay and apply all the moneys received by him in the following order, that is to say :— (a) Firstly, in payment of the costs, charges and expenses of collection and of his commission or remuneration ; (b) Secondly, if appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any interest paid by the Treasurer under any guarantee given under the provisions of this Act together with interest at such rate as may be specified by the Treasurer and, if appointed by the Court upon the application of a holder of any debenture or coupon issued or stock inscribed by the Authority, in payment, subject to any order of the Court, to such holder or to and amongst the holders of debentures or coupons or inscribed stock of 100 ELECTRICITY.
Part IV.— Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Accounts. ------. Division V.— Secured the same series as such holder or to the Debentures and Stock. holders of debentures or coupons or inscribed stock generally in such order of priority or otherwise as the Court may think fit; (c) Thirdly, in payment of all the residue of the moneys to the Authority.
Division VI.— Budget. Division VI.—Budget. Annual 44. (1.) Not later than one month after the prepared? be commencement of every year, beginning with the year to commence on the first day of July, one thousand nine hundred and fifty-three, the Authority shall cause a budget for that year to be prepared for the consideration of the members and shall forward a copy of the proposed budget to the Commission not less than twenty-one days before the budget is adopted : Provided that if the Authority considers it necessary or desirable that the prices to be charged for electricity should be altered at the same time as the budget is to be adopted, the Authority shall forward a copy of the proposed budget to the Commission not less than two months before the budget is adopted together with a notice setting out the alterations in prices which it proposes. Contents of (2.) Each budget shall show the following u ge ' information, that is to say :— (а) An estimate of the capital expenditure to be incurred during the year ; (б) An estimate of the amounts required to be provided by way of loan, whether by way of debentures, inscribed stock, variable interest stock or otherwise; (c) An estimate of the revenue of the Authority for the current year ; (d) An estimate of all expenditure (other than capital expenditure) for the current year; and (e) Such details of the above estimates as the Authority considers desirable. Departures (3.) The adoption of the budget shall not prevent rom u get. Authority from departing from the provisions of the budget in any way if such departure is considered desirable by the members for the purpose of conducting the business of the Authority to the best advantage in accordance with the provisions of this Act. ELECTRICITY. 101
'------Part V.— 1952. Southern Electric Authority of Queensland Act. Pduties*opD ______THE Authority. Part V.—Powers and Duties oe the Authority. 45. Subject to the Act it shall he the duty of the Duties of Authority under the general direction of the Commission— Authority' (a) To generate and purchase electricity and to supply electricity in the area of supply on the most economical basis and over the greatest area possible and so far as reasonably practicable to supply all such electricity as may from time to time be required by the Crown or by any public authority, local authority or person; (b) To construct, expand, protect, maintain, control and manage works for the supply of electricity; (c) To supply, instal, trade in, sell and let on hire purchase electrical fittings apparatus and appliances; (d) To assist in the development and expansion of industry and manufacture by encouraging and promoting the use of electricity ; (e) To assist in the development and expansion of primary production and rural industry by encouraging and promoting the use of electricity and the application of electricity to all forms of primary production ; (/) To develop the natural resources of Queensland for the purpose of and by means of the production and use of electrioity and other forms of power ; (;g) To conduct investigations and research into the production development and use of electricity and other forms of power ; and (h) To provide technical advice and assistance on the production, development, and use of electricity and other forms of power.
46 In addition to and without in any way limiting Powers of the powers, duties, authorities and responsibilities granted Authority- to or conferred or imposed on the Authority by this Act, the Authority shall and may have and exercise all such powers and duties as are granted to or conferred or imposed on the Authority in or by the Constitution and the Rules and the Agreement. 102 ELECTRICITY.
Part V.— Powers and Duties of Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, the Authority. Construction 47. (1.) The Authority may construct any electric of works. lines or works on any land or buildings with the consent of the owners and occupiers for the time being thereof. (2.) The Authority shall be a constructing authority within the meaning of *“ The Public Works Land Resumption Acts, 1906 to 1951,” and the said Acts shall so far as the same are applicable and except where expressly varied herein be incorporated with and form part of this Act: Provided however that the Authority shall not take or acquire any land without the consent in writing of the Commission. (3.) The Authority may construct and use the electric lines traversing the routes set out in the Second Schedule to the Agreement. (4.) Where the Authority satisfies the Commission that, having regard to the efficient and economic conduct of its undertaking and to the public interest and to such other circumstances as to the Commission shall seem relevant, it should be permitted to transmit electricity from any part of the area of supply to any other part of the area of supply or to any other area by means of an electric line traversing a route outside the area of supply then and in every such case the Commission may authorise the Authority to construct and utilise an electric line traversing such route and it shall be immaterial that such route traverses an area within which an electric authority is authorised to supply electricity. (5.) When any electric line of the Authority traverses any area in which an electric authority is authorised to supply electricity or any electric line of any electric authority traverses any part of the area of supply, the Authority and such electric authority may agree as to the terms and conditions upon and subject to which the Authority may make use of the electric lines of such electric authority, or such electric authority may make use of the electric lines of the Authority : Provided that in default of any such agreement the Commission shall have power and authority to determine such terms and conditions as aforesaid.
(6.) Where the Authority satisfies the Commission that, having regard to the efficient and economic conduct of its undertaking and to the public interest and to such * 6 E. 7 No. 14 and amending Acts. ELECTRICITY. 103
Part V.— Powers and 1952. Southern Electric Authority of Queensland Act. Duties of the Authority. other circumstances as to the Commission shall seem relevant, it should be permitted to construct an electric line on any land, then and in every such case the Commission may authorise the Authority to construct and utilise an electric line on such land. The Commission shall determine the compensation (if any) payable by the Authority to the owner or occupier, or owner and occupier of such land and the manner in which such compensation is divisible between the owner and the occupier thereof and the amount of such compensation so determined by the Commission shall be recoverable by such owner or occupier from the Authority in addition to any other compensation for which the Authority may be liable under this Act for any damage caused by the Authority : Provided that in any particular case the Commission may refer to the Land Court for hearing and determination the matter of such compensation and thereupon that Court shall hear and determine the same. (7.) For the purpose of any permission or determination to be made by the Commission under or in pursuance of this section the Commission shall have power and authority to make all such enquiries and investigations as to it shall seem fit. (8.) Every permission and every determination of the Commission granted or made under and in pursuance of this section shall be final and conclusive and without appeal to any other tribunal whatever. (9.) The Authority may at all reasonable times enter upon any land upon which any electric line or works of the Authority (including any electric line described in subsection two of this section) is or are situated for the purpose of repairing, altering, adding to or replacing any electric line or other works belonging to the Authority or for substituting any electric line or other works therefor but the Authority shall be bound to make good all damage caused by such entry. 48. (1.) Subject to the provisions of this Act and°P®“m§of the regulations, the Authority may open and break up the soil and pavement of any road, lop and cut trees and open and break up any sewers, drains or tunnels within or under such roads, and temporarily stop traffic on any such road and may construct subways, tunnels, excavations and drains and may lay down and place 104 ELECTRICITY.
Part V.— Powers and Duties of Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, the Authority. under or over any road any electric lines or other works and from time to time repair, alter or remove the same ; and may in any such roads do all other acts which it may from time to time deem necessary for supplying electricity or for constructing, extending or maintaining its works. (2.) The Authority shall not (except in cases of emergency) open or break up any road or stop any traffic thereon or lop or cut any tree therein without giving notice in writing to the Local Authority or person having the control or management thereof in accordance with the regulations. (3.) When the Authority has opened or broken up any road it shall— (a) With all convenient speed complete the work for which it is broken up and fill in the ground and reinstate and make good the portion so opened or broken up to as good a condition as before it was opened or broken up and carry away the rubbish occasioned by the work; (b) At all times while the road is so opened or broken up cause the same to be fenced and guarded and cause a fight sufficient for the warning of traffic to be set up and maintained against or near such road where the same is opened or broken up, every night during which the same is continued open or broken up ; and (c) Keep the road which has been so opened or broken up in good repair for three months after replacing and making good the same and for any further time not being more than twelve months in the whole during which the soil broken up continues to subside.
Altering 49. Subject to the provisions of this Act and the position of regulations— pipes, &c. (a) The Authority may alter the position of any poles, pipes, wires, sewers, drains or tunnels on or under any road which may interfere with the exercise of its powers under this Act on previously making or securing such compensation to the owners of such poles, pipes, wires, sewers, drains or tunnels and on ELECTRICITY. 105
Part V.— Powers and 1952. Southern Electric Authority of Queensland Act. Duties of the Authority. complying with such conditions as to the mode of making such alterations as may before the commencement of such alterations be agreed upon between the Authority and such owners or in the case of difference, as may be determined by this Act and the regulations ; (b) Any public body or statutory corporation lawfully competent to do so may in like manner alter the position of any works of the Authority on or over any such road as aforesaid which may interfere with the lawful exercise of any powers vested in such public body or statutory corporation in relation to such road subject to the like provisions, conditions and restrictions as are in paragraph (a) of this section contained.
50. The Authority may break up any railway or Breaking up tramway with the consent of the public body or statutory and ways corporation by whom such railway or tramway is tramways, repairable or with the consent of the Governor in Council. The Governor in Council shall not give any such consent until notice has been given to such public body or statutory corporation by advertisement or otherwise as the Governor in Council may direct and until an opportunity has been given to such public body or statutory corporation to state any objection they may have.
51. In the exercise of its powers under this Act, Authority the Authority shall do as little damage as may be and*®,^^. shall make full compensation to all persons interested tion. for all damage sustained by them in consequence of the exercise of such powers.
52. (1.) Where the exercise of any rights, powers Disputes or authorities or the discharge of any duties by the Authorities. Authority may affect the exercise of any rights, powers or authorities or the discharge of any duties by any public body or statutory corporation, the Authority shall so far as is practicable, confer and agree with such public body or statutory corporation. (2.) Any question, difference or dispute arising or about to arise between the Authority and any public body or statutory corporation with respect to the exercise 106 ELECTRICITY.
Part V.— Powers and Duties of Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, the Authority. of any rights, powers or authorities or the discharge of any duties by either or both of them may be referred by any party to the Minister for settlement. (3.) The Minister may make or cause to be made such investigations as he deems necessary or may direct the Commission to make such investigations as he deems necessary. (4.) The Minister may appoint the Commissioner or any other person to hold any inquiry and report to him upon any matter arising in or relating to a question, difference or dispute. The Governor in Council may by Order in Council declare that *“ The Commissions of Inquiry Act of 1950,” or the provisions of that Act specified in the Order in Council shall be applicable for the purposes of such an inquiry and thereupon that Act or, according as declared by the Governor in Council, the provisions thereof so specified shall apply to and with respect to the inquiry. (5.) The Governor in Council may make such Order in Council in the public interest as in the circumstances may seem just and equitable. Any such Order in Council shall be final and conclusive and shall be given effect to by the Authority and by the public body or statutory corporation as the case may be. (6.) Nothing in this section shall confer on the Authority any right against the Crown beyond the rights specifically conferred on the Authority by Statute. Removal of 53. (1.) Where any tree or hedge obstructs or trees obstructing interferes with the construction, maintenance, or working lines. of any electric line which is being constructed or is owned by the Authority, or will interfere with the maintenance or working of such a line, the Authority may give notice to the owner or occupier of the land on which the tree or hedge is growing requiring him to lop or cut it so as to prevent the obstruction or interference, subject to the payment to him by the Authority of the expenses reasonably incurred by him in complying with the notice : Provided that, in any case where such a notice is served upon a person who, although the occupier of the land on which the tree or hedge is growing, is not the owner thereof, a copy of the notice shall also be served upon the owner thereof, if known. * 15 G. 6 No. 2. " ' ELECTRICITY. 107
' ------' Part V.— 1952. Southern Electric Authority of Queensland Act. PdutiesofD THE Authority. (2.) If within seven days from the giving of such notice the requirements of the notice are not complied with, and neither the owner nor occupier of the land gives such a counter-notice as is hereinafter mentioned, the Authority may cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid. (3.) If within seven days from the giving of such notice the owner or occupier of the land on which the tree or hedge is growing gives a counter-notice to the Authority objecting to the requirements of the notice the matter shall, unless the counter-notice is withdrawn, be referred to the Commissioner who, after giving the parties an opportunity of being heard, may make such order as he thinks just, and any such order may empower the Authority (after giving such reasonable previous notice to any person by whom such counter-notice was given of the commencement of the work as the order may direct) to cause the tree or hedge to be lopped or cut so as to prevent such obstruction or interference as aforesaid, and may determine any question as to what compensation, if any, and expenses are to be paid. (4.) The Authority shall issue instructions to its officers and servants with a view to securing that trees and hedges shall be lopped or cut in a woodmanlike manner and so as to do as little damage as may be to trees, fences, hedges and growing crops, and shall cause the boughs lopped to be removed in accordance with the directions of the owner or occupier, and shall make good any damage done to the land. (5.) Any compensation or expenses payable to the owner or occupier by the Authority under this section shall be recoverable from the Authority on the decision of the Commission.
(6.) Where for the purposes of the construction or maintenance of an electric line it is necessary to fell any trees, this section shall apply to the felling of trees in like manner as it applies to the lopping of trees.
54. The Authority may at all reasonable times enter Rights of upon any land upon which electricity is or has been entry- supplied by the Authority for the purpose of inspecting or repairing or making safe any electric line or any electrical fittings or apparatus whether the property of 108 ELECTRICITY.
Part V.— Powers and Duties of Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, the Authority. the Authority or any other person or for the purpose of reading any meter or ascertaining or measuring electricity consumed or supplied or, in any case where the Authority is authorised so to do, for the purpose of cutting off the supply of electricity; hut the Authority shall be bound to make good all damage caused by such entry, inspection or removal.
Works to 55. (1.) All works and every part thereof vested in remain property of or held by the Authority subject to the provisions of this the Act shall notwithstanding that they have been constructed Authority. in or under any road or are placed in or upon any place or building remain the property of the Authority. (2.) Where any electric lines or other works or any meters, fittings, apparatus, buildings or materials whatsoever belonging to the Authority are placed in or upon any land, place or building for or in connection with the supply of electricity in pursuance of this Act, the same shall not pass to any purchaser on any sale or transfer of such land, place or building and shall not, save in a proceeding at the suit of the Authority, be taken in execution under the process of any Court.
Contracts. 56. (1*) Contracts on behalf of the Authority may be made as follows :— (a) A contract which, if made between private persons, would be by law required to be in writing and under seal may be made on behalf of the Authority in writing under the seal of the Authority or under the seal of any person authorised by the Authority; (b) A contract, which, if made between private persons, would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the Authority in writing signed by any person acting under its authority express or implied ; (c) A contract which if made between private persons, would by law be valid although made by parol only and not reduced into writing may be made by parol on behalf of the Authority by any person acting under its authority express or implied. ELECTRICITY. 109 ------— ■ part v.— 1952. Southern Electric Authority of Queensland Act. PdutiesAofD THE ' Authority. (2.) A contract made according to this section shall he effectual in law and shall bind the Authority and its successors and all other parties thereto. (3.) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made.
57. (1.) The Governor in Council may, upon the Governor in recommendation of the Commission, at any time suspend may or rescind any resolution or order of the Authority, and/or resolution of may prohibit the expenditure of any moneys upon any Authonty' work which he deems unnecessary or which will in his opinion impose undue burdens upon consumers of electricity. (2.) Any resolution of the Authority rescinded by the Governor in Council shall be void ab initio unless the Governor in Council specifies some later date, in which case the resolution concerned shall be void on and from such specified date. (3.) In any case where a resolution so rescinded empowers or authorises or purports to empower or authorise the making for or on behalf of the Authority of any contract or agreement or the acceptance by or on behalf of the Authority of any contract or agreement or the acceptance by or on behalf of the Authority of any tender or the doing or executing by or on behalf of the Authority of any other act, matter or thing whatsoever, any such contract or agreement made or purported to have been made or any such tender accepted or purported to have been accepted or any such other act, matter or thing done or purported to have been done in pursuance of such resolution shall be void ab initio. (4.) When in pursuance of this section any contract or agreement made by or on behalf of the Authority or any acceptance of a tender by or on behalf of the Authority or any other act, matter or thing whatsoever done by or on behalf of the Authority is void ab initio, no action, claim or demand whatsoever shall be or be made or allowed by or in favour of any person whomsoever against the Authority or any member, officer or employee of the Authority for or in respect of any damage or loss or injury sustained or alleged to have been sustained or for or in respect of any other right or remedy whatsoever conferred or alleged to have been conferred by reason 110 ELECTRICITY.
Part V.— ' ------Pduties opD Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, THE Authority. “ of the making of the contract or agreement concerned, the acceptance of the tender concerned or, as the case may be, the doing of any other act, matter or thing concerned. (5.) If the Governor in Council when rescinding a resolution of the Authority specifies that such resoluton shall not be void ab initio but shall be void from some later date, such rescission shall not void any such contract or agreement, acceptance of a tender, or other act, matter or thing as aforesaid made, accepted or, as the case may be, done prior to such later date. (6.) If any contractor whose contract with the Authority becomes void ab initio under and in pursuance of this section at any time satisfies the Governor in Council that such contract was bond fide and that prior to the date of the rescission by the Governor in Council of the resolution authorising the same, he incurred expenses in or for the purposes of the execution, performance and/or carrying out of such contract, then the Governor in Council may direct the Authority to pay, and thereupon the Authority shall pay the amount of such expenses to such contractor ; any amount so directed to be paid shall constitute a debt due and owing by the Authority to the contractor concerned. No com 58. The Authority shall not be liable in damages to pensation for failure any person by reason of any partial or total failure of to supply. the supply of electricity from any cause whatsoever and may at any time temporarily discontinue the supply of electricity whenever in its opinion such action is desirable for the purpose of ensuring the efficient operation of any works under the control of the Authority. No dis crimination 59. Except insofar as is otherwise provided by the between Agreement every person within any division or part consumers. of the area of supply of the Authority shall on application be entitled to a supply on the same terms on which any other person in that division or part of the area of supply is entitled in similar circumstances to a corresponding supply : Stand-by Provided however that no person shall be entitled supply. to demand or to continue to receive from the Authority as a stand-by supply only, a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for similar purposes) of gas, steam or other form of energy unless he undertakes ELECTRICITY. Ill
Part V.— Powers and 1952. Southern Electric Authority of Queensland Act. Duties of the Authority. to make a minimum annual payment therefor upon such terms as are agreed upon between the Authority and the person requiring the supply or in the event of disagreement upon such terms as shall be fixed by the Commission. 60. (l.) The Authority shall in any bill of account Meter for electricity sent by it to a consumer indicate therein readmgs‘ the previous meter reading and the present meter reading : Provided however that an estimated meter reading may be made in any particular case. (2.) The Authority shall not make any charge No meter whether directly or indirectly and by whatever namecharge' such charge is designated for the hire of any meter. (3.) A consumer shall not be required to pay any*“°°“mg arrears left unpaid by a previous consumer or tenant ’ for electricity supplied before such incoming consumer began to use electricity unless such incoming consumer had undertaken with the former tenant or consumer to pay or exonerate him from payment of such charge. Part VI.— Offences
Part VI.—Offences and Legal Proceedings. Proceedings. 61. Any person who maliciously or fraudulently Stealing abstracts, causes to be wasted or diverted, consumes, ore 60 ncl y‘ uses any electricity provided in pursuance of this Act shall be guilty of stealing and punishable accordingly as for an indictable offence. x 62. (1.) Any person who— offences relating to (a) Constructs or causes to be constructed an use of electric fine to connect with any electricelectrlclty’ fine belonging to the Authority without its consent; or (b) Fraudulently injures any meter or fittings belonging to the Authority ; or (c) Wilfully and unlawfully extinguishes or interferes with any of the public lamps or fights maintained by the Authority ; or (d) Supplies any other person with any part of the electricity supplied to him by the Authority without the permission of the Authority ; or (e) Wilfully, fraudulently, or by culpable negligence injures or removes or suffers to be injured or removed any electric fines or other fines belonging to the Authority ; or 112 ELECTRICITY.
Part VI.— Offences and Legal Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Proceedings. (/) Alters the index to any meter; or (g) Prevents any meter from duly registering the quantity of electricity supplied ; or (h) Fraudulently extracts, consumes or uses electricity of the Authority, shall be guilty of an offence and shall be liable to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding twelve months and (without prejudice to any other right or remedy for the protection of the Authority or the punishment of the offender on indictment or otherwise) the Authority may, in addition thereto, recover the amount of any damage sustained. (2.) The existence of artificial means for causing such alteration or prevention, or for extracting, wasting, diverting, consuming or using electricity supplied by the Authority shall, when the meter, fines or works are under the control or custody of the consumer be prima facie evidence that such alteration, prevention, abstraction, wasting, diversion, consumption or use, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter, fines or works. (3.) The consumption or use on any premises of electricity by any person (not being a consumer of the Authority who has agreed to pay for the electricity consumed on such premises or a person who has used or consumed such electricity with the consent of such consumer) shall be prima facie evidence that such electricity has been fraudulently consumed or used. (4.) In any case as aforesaid the Authority may, until the matter complained of has been remedied but no longer, discontinue the supply of electricity to any consumer.
Damage to 63. Any person who carelessly or accidentally electric lines or works. breaks, throws down or damages any electric fine or works of the Authority shall forfeit and pay such sum of money to the Authority for the damage done not exceeding one hundred pounds as a Stipendiary Magistrate or two Justices shall think reasonable: Provided that this section shall not affect any other remedy the Authority might otherwise have. ELECTRICITY. 113
------Part VI.— 1952. Southern Electric Authority of Queensland Act. irro lbgS, ______Proceedings.
64. (1.) Every notice, order, process, summons, Authentica- minute or other document or copy thereof which requires service of authentication by the Authority shall be sufficiently documents, authenticated without the seal of the Authority if signed by the secretary or other authorised officer. (2.) Any notice or process, summons or other document may be served on the Authority by leaving it with a responsible officer of the Authority or sending it by prepaid registered post to the principal office of the Authority. (3.) (i.) Any notice, order, process, summons, or other document under or for any of the purposes of this Act required or authorised to be given or served to or upon any person may be served— (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode ; or (c) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode ; or (d) In the case of a summons (but without excluding the operation of the foregoing provisions), by forwarding the same by post in a registered letter addressed to such person at his usual or last known place of abode— and in such case the production of a receipt purporting to be the registered receipt for such letter, together with oral testimony by the secretary or other officer of the Authority authorised by it in that behalf as to the contents of such letter, shall be sufficient proof of service of the summons. (ii.) Any such document, if addressed to the owner or occupier of premises, may be given or served by delivering the same, or a true copy thereof, to some person on the premises, or, if there is no person on the premises who can be so served, by fixing the same on some conspicuous part of the premises. (iii.) Any such document may be given or served to or upon any person whose name or address is unknown by publishing it once in the Gazette and in some newspaper. 114 ELECTRICITY.
Part VI.— Offences and Legal Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Proceedings. (iv.) If the Authority is unaware whether or not the registered proprietor of land is living or dead, any such document required to be given or served to or upon the registered proprietor of such land shall be deemed to have been properly given or served for all purposes of this Act if addressed to such registered proprietor and given or served in the same manner as is prescribed in paragraph (iii.) of this subsection in the case of a person whose name or address is unknown. (v.) Any such document forwarded by post shall be deemed to have been served at the last moment of the day on which the same ought to be delivered to its destination in the ordinary course of post and in proving service it shall be sufficient to prove that the same was properly stamped and addressed and put into the post. (4.) The provisions of subsections two and three of this section shall be read and construed as being in aid of other provisions of this Act prescribing the manner of service of a particular notice, order, process, summons, or other document under or for the purposes of this Act, and to the intent that where any such particular notice, order, process, summons or other document cannot be served in the manner provided by such other provision then the same may be served in any manner provided by the said subsections two and three which is applicable in the circumstances. (5.) When any day, or when the last of several days, provided or appointed by or in pursuance of this Act for any purpose in any year happens on a Sunday, or a day which is a public holiday throughout Queensland or in the area of supply of the Authority, then such provision and appointment shall take effect as for the next following day which is not a Sunday or a public holiday.
Authority 65. In any case in which the Attorney-General may take proceedings. might take proceedings on the relation or on behalf of or for the benefit of the Authority for or with respect to enforcing or securing the observance of any provisions made by or under this Act or any other Act conferring powers or imposing duties upon the Authority, the Authority shall be deemed to represent sufficiently the interests of the public and may take proceedings in its own name. ELECTRICITY. 115
■------•— ------:------——'—~—' ' " " Part VI.— Offences 1952. Southern Electric Authority of Queensland Act. and legal ______;______Proceedings.
66. (1.) No person shall he entitled to recover Limitation against the Authority any damages in respect to any foractIons injury to the person or damage to property alleged to negligence, have been sustained by himself or any other person by reason of the negligence of the Authority, unless the following conditions are complied with bv him or on his behalf, namely :— (a) Notice in writing that injury or damage has been sustained shall be given to the Authority within one month, and the action shall be commenced within six months from the date on which the injury or damage was sustained, or in the case of the death of the person injured, within twelve months from the date of death; (b) In the case of injury to the person, a medical practitioner nominated by the Authority shall on the demand of the Authority be permitted to examine the person injured, and all facilities and information shall be given to him necessary to enable him to fully ascertain the nature and extent of the injury, but the injured person shall be entitled to have such examination made in the presence of his own medical practitioner ; and (c) In the case of damage to property, an officer of the Authority shall, on demand of the Authority be permitted to inspect the property damaged, and all facilities and information shall be given to him necessary to enable him to fully ascertain the value of the property damaged, the nature and extent of the damage, and the amount of money, if any, expended in repairing the same. Non-compliance with all or any of the conditions imposed by this section shall be no bar to the maintenance of an action if the justice who tries the action is of opinion that there was reasonable excuse for such non-compliance. (2.) A notice under this section shall give the name and address of the person injured or of the owner of the property damaged, and shall state in ordinary language the cause of the injury or damage and the date and place when and where it was sustained. 116 ELECTRICITY.
Part VI.— Offences and Legal Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Proceedings. Such notice shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the justice who tries the action brought in respect of the injury or damage mentioned in the notice is of opinion that the Authority is prejudiced in its defence by such defect or inaccuracjs and that the defect or inaccuracy was intentional and for the purpose of misleading.
Limitation 67. An action, other than action for damages under of other actions. section sixty-six of this Act, shall not be brought against the Authority or any member thereof, or any officer of the Authority or person acting in his aid, for anything done or intended or omitted to be done under this Act until the expiration of one month after notice in writing has been served on the Authority, or such member, officer, or person clearly stating the cause of action, and the name and place of abode of the intended plaintiff and of his solicitor or agent. On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved the Court shall find for the defendant. Every such action shall be commenced within twelve months next after the accruing of the cause of action, and not afterwards. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agent at any time within one month after service of the notice and, in case the same is not accepted, may plead such tender.
Indemnity 68. No matter or thing done and no contract to members and officers. entered into by the Authority and no matter or thing done by any officer or other person acting under the direction of the Authority shall, if the matter or thing was done or the contract was entered into bond fide for the purpose of executing this Act or any function, power, authority or duty of the Authority under this Act or any other Act, subject any member of the Authority or any such officer or person to any personal liability in respect thereof; any expenses incurred by any member, officer or person acting as last aforesaid shall be deemed to be an expense authorised by this Act. ELECTRICITY. 117
Part VI.— Offences 1952. Southern Electric Authority of Queensland Act. and Legal Proceedings. Nothing in this section shall be construed so as to afford any protection to any member or officer of the Authority or person acting as aforesaid who has been guilty of fraud or wilful default in connection with any such act or omission or exonerate any member or other person from penalties provided by section twenty, section twenty-three and section seventy-three of this Act. 69. (1.) Subject to the liability to be punished as Prosecution for an indictable offence as prescribed by section sixty-one enoes’ of this Act, an offence against this Act may be prosecuted, and any sum of money payable under section sixty-three of this Act may be recovered, in a summary way under *“ The Justices Acts, 1886 to 1949 ”. (2.) Any such proceeding may be instituted within twelve months after the offence is committed or within six months after the discovery of the offence by the complainant, whichever is the later period. (3.) Except as in this Act is expressly provided or unless with the consent in writing of the Minister, proceedings for the recovery of any penalty or other moneys payable in respect of any offence against this Act shall be had and taken only by a party aggrieved or by or on behalf of the Authority.
70. No judge, justice or judicial officer shall be Consumer disqualified or prevented from presiding, sitting, acting £?qualilied or adjudicating in any action or proceeding whatsoever as judge or in or to which the Authority is a party or is soughtJustloe' to be made a party by reason only of his being a consumer of electricity supplied by the Authority, or a person liable to be charged as such consumer, or a creditor of the Authority. 71. (1.) In any proceeding instituted by or on Proof of behalf of or against the Authority, no proof shall beproceedlng3' required (until evidence is given to the contrary) of— (а) The Constitution of the Authority ; (б) Any resolution of the Authority ; (c) The Corporate name of the Authority ; (d) The limits of the area of supply of the Authority ; * * 50 V. No. 17 and amending Acts. 118 ELECTRICITY.
Part VI.— Offences and Legal Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Proceedings. (e) The appointment of any member, officer or servant of the Authority ; (/) The signature of any person purporting to sign as a member, officer or servant of the Authority ; (g) The presence of a quorum at any time at which any determination is made or any act done by the Authority. (2.) The due appointment of all officers of the Authority and the authority of any officer to do any act or to institute proceedings shall be presumed until the contrary is proved. Proof of 72. (1.) Any minute of the proceedings of meetings minutes and documents. of the Authority or the variable interest stockholders or the holders of debentures or inscribed stock thereof if purporting to be signed by the Chairman of the meeting at which the proceedings were had or by the Chairman of the next succeeding meeting shall be evidence of the proceedings. Until the contrary is proved the meeting shall be deemed to have been duly held and convened and all proceedings had thereat to have been duly had and all appointments of members and officers shall be deemed to be valid. (2.) A copy of any such minute authenticated in accordance with subsection three of this section shall, upon production thereof, be evidence of the proceedings. (3.) All documents whatever purporting to be issued or written by or under the direction of the Authority and purporting to be signed by the Secretary or other authorised officer shall be received in evidence in all Courts and shall be deemed to be issued or written by or under the direction of the Authority until the contrary is proved.
Part VII.— Miscel laneous. Part VII.—Miscellaneous. Commission 73. (1.) Any person appointed for that purpose to have access to by the Commission shall at all times have access to all records. accounts and records of the Authority and may examine the same and make copies thereof or extracts therefrom. (2.) The Authority shall provide the Commission at the Commission’s request from time to time with such returns relating to matters under its jurisdiction as may ELECTRICITY. 119
Part VII.— Miscel 1952. Southern Electric Authority of Queensland Act. laneous. be required, and the Commission shall fix a reasonable time within which the returns so required shall be furnished. (3.) Every member or officer of the Authority who neglects or refuses to furnish any return required by this section, or who furnishes any such return which is false in a material particular, or who causes or is privy to any such refusal, neglect or falsity and any person who impedes, or obstructs any person appointed by the Commission from performing any duty under this section shall be guilty of an offence and liable to a penalty not exceeding fifty pounds.
74. (1.) The Governor in Council may, from time Regulations, to time, make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of this provision regulations may be made for or in respect of all or any of the following matters and things :— (а) The conditions under which a supply of electricity is to be given, and the limits within which and the conditions and restrictions under which it is to be compulsory or permissive; (б) The nature and mode of supply ; (c) The securing of a regular and sufficient supply of electricity ; (d) The construction of electric lines and other works and the powers of the Authority and of any public body or statutory corporation in relation to the construction of works and the manner in which such powers may be exercised or restricted ; (e) The conditions under which electric fines may be constructed and used above ground ; (/) Routine works ; (g) The securing of the safety of the public from personal injury or from fire shock or otherwise; (h) The making of investigations and enquiries ; 120 ELECTKICITY. Part VII.— ------—------LANKOUS. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
(i) Testing and inspection ; (j) The securing of uniformity in the keeping and presentation of accounts and statistical and other records; (k) Returns to be made to the Commission ; (l) In and for the purpose of the application to or with respect to the Authority, its undertaking, or area of supply of any matter or thing upon or in respect to which regulations may be made under the provisions of *“ The Electric Light and Power Acts, 1896 to 1946,” or f“ The State Electricity Commission Acts, 1937 to 1952 ” ; (m) Any matter or thing required or permitted under any provision of this Act to be prescribed except such a matter or thing so required to be prescribed otherwise than by regulations. (2.) Regulations may adopt or exclude any regulations made under the provisions of *“The Electric Light and Power Acts, 1896 to 1946,” and f“ The State Electricity Commission Acts, 1937 to 1952,” or either of those Acts. (3.) Regulations may prescribe forms and the purposes for which such forms are to be used. (4.) Regulations may impose a penalty for breach thereof and distinct penalties in the case of successive breaches thereof but so that any such penalty shall not exceed fifty pounds and may impose also an additional penalty for any continued breach thereof but not exceeding five pounds per day and fix a minimum as well as a maximum penalty. (5.) Any such regulation may be made on the passing of this Act. (6.) Upon publication in the Gazette, every regulation made or purporting to be made under this Act shall be judicially noticed.
By-iaws. 75. (1.) The Authority may, with the approval of the Commission, make by-laws not inconsistent with, this Act or the regulations, for the carrying into effect of the several provisions, intentions and objects of the Act. * 60 V. No. 24 and amending Acts, t 1 Gr. 6 No. 26 and amending Acts. ELECTRICITY. 121
Part VII.— Miscel 1952. Southern Electric Authority of Queensland Act. laneous.
Without limiting the powers of the Authority in that behalf, the Authority may make by-laws for all or any of the following matters and things, that is to say :— (a) The conditions under which electricity shall be supplied by the authority to consumers and the rights of consumers to a supply of electricity ; (b) The conditions under which electric lines and works and electrical fittings, equipment and apparatus are to be fixed and maintained and the standards to be observed in relation thereto ; (c) Wiring rules and conditions to be observed by electrical contractors and consumers and others, for the purpose of wiring or providing or obtaining a supply of electricity to any premises ; (d) The rights, duties and responsibilities of consumers ; (e) The conditions under which electricity supplied by the Authority may be consumed and used ; (/) Installation inspectors and their functions, powers and duties ; (g) Street lights ; (h) The securing of the safety of the public from personal injury or from fire shock or otherwise; (i) The protection of the property of the Authority from trespass or damage ; (j) The prevention of obstruction to any person acting under the authority of the Authority ; (1c) In and for the purpose of the application to or with respect to the Authority its undertaking and area of supply of any matter or thing upon or in respect of which by-laws may be made under the provisions of *“ The Electric Light and Power Acts, 1896 to 1946.” (2.) By-laws may adopt or exclude any by-laws made under the provisions of *“ The Electric Light and Power Acts, 1896 to 1946.”
* 60 V. No. 24 and amending Acts. 122 ELECTRICITY.
Part VII.— ------LANEocs. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
(3.) By-laws may impose a penalty for breach thereof and distinct penalties in case of successive breaches thereof but so that any such penalty shall not exceed fifty pounds and may impose also an additional penalty for any continuing breach thereof but not exceeding five pounds per day and fix a minimum as well as a maximum penalty. (4.) The Authority may at any time by a further by-law amend or repeal any by-law made under this section. (5.) After a by-law has been made under this section with the approval of the Commission, it shall be submitted for the approval of the Minister and, if approved by him, shall, upon publication in the Gazette, be judicially noticed. (6.) The Governor in Council may by Order in Council repeal any by-law or part of any by-law. (7.) Upon publication in the Gazette every by-law made or purported to be made under this Act shall be judicially noticed and such publication shall be sufficient evidence of the due making of such by-law and of every approval thereto required under this Act.
^endmtmt 76. Notwithstanding the amendment or repeal of waive*0 any regulation or by-law, every offence committed offences. against the regulation or by-law before the amendment or repeal thereof may be adjudicated upon and punished ; and every act or proceeding done or commenced and every right, privilege or protection acquired and every liability incurred shall continue to be prosecuted and be of the same force and effect as if the regulation or by-law had not been amended or repealed.
Electric 77. (1.) Except as is otherwise provided in this iWCTActs Act the provisions of *“The Electric Light and Power Acts, not to apply. 1896 to 1946,” and of sections twenty-two, twenty-six, forty-six and forty-seven of f“ The State Electricity Commission Acts, 1937 to 1952,” shall not apply to the Authority or to the undertaking of the Authority. (2.) For the purpose of any investigation and/or determination authorised to be made by the Commission under section seventeen of f“ The State Electricity * 60 V. No. 24 and amending Acts, t 1 G. 6 No. 26 and amending Acts. ELECTKICITY. 123 ------—------part VII.— 1952. Southern Electric Authority of Queensland Act. lanbous.
Commission Acts, 1937 to 1952,” the Commission and, for the purposes of any appeal authorised to he heard and determined by it under section twenty of the said Acts, the Industrial Court, shall he guided by the provisions of the agreement and the prices to be charged by the Authority shall be determined in accordance with the provisions of the Agreement. (3.) A license to supply electricity may be issued pursuant to *uThe Electric Light and Power Ads, 1896 to 1946,” in respect of any part of the area of supply to the same extent as if the Authority were an electric authority under the provisions of the said Acts except that no license shall be issued for any part of the area of supply in which a supply of electricity by the Authority is available or for supply to any persons to whom a supply of electricity by the Authority is available. (4.) A license to supply electricity may be issued under *“ The Electric Light and Power Acts, 1896 to 1946,” authorising the Authority to supply electricity pursuant to the provisions of this Act outside the area of supply to the same extent as if the Authority were an electric authority under *“ The Electric Light and Power Ads, 1896 to 1946.”
78. (1.) The Governor in Council may from time Prociama- to time make all such Proclamations and Orders in Council orderTin as he thinks fit for the further or more effectually or Council, particularly carrying out the objects and purposes of this Act, and for facilitating proof of any document or matter and for curing the irregularities of and substituting new for lost or destroyed documents. (2.) The generality of this section shall not be qualified or affected by any provision of this Act giving power to make Proclamations and Orders in Council with regard to any subject-matters in such provisions specified. (3.) (i.) Every Proclamation and Order in Council made under this Act shall be published in the Gazette. (ii.) Where under this Act the Governor in Council has power to make any Proclamation or Order in Council, he shall have power to make one or more Proclamations
* 60 V. No. 24 and amending Acts. 124 ELECTRICITY. Part VII.— Miscel laneous. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,
or Orders in Council as appears to him necessary or expedient in the circumstances, and either at one and the same time or from time to time. (iii.) The Governor in Council may by another Proclamation or Order in Council amend or rescind any Proclamation or Order in Council made under this Act. (iv.) No misnomer or inaccurate description or omission contained in any such Proclamation or Order in Council shall in anywise prevent or abridge the operation of this Act with respect to the subject-matter of such misnomer, inaccurate description or omission provided the same is designated so as to be understood. (4.) No Proclamation or Order in Council purporting to be made under this Act, and being within the powers conferred on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. (5.) Upon publication in the Gazette every Proclamation and Order in Council made or purporting to be made under this Act shall be judicially notified.
Proclama 79. (1.) All Proclamations, Orders in Council, tions, &c., to be laid regulations and by-laws shall be laid before the before Legislative Assembly within fourteen days after the Parliament. publication thereof in the Gazette if Parliament is in session ; or, if not, then within fourteen days after the commencement of the next session. (2.) If Parliament passes a resolution disallowing any such Proclamation, Order in Council, regulation or by-law of which resolution notice has been given at any time wdthin fourteen sitting days of such House after such Proclamation, Order in Council, regulation or by-law has been laid before it, such Proclamation, Order in Council, regulation or by-law shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime, and without prejudice to the power to make any further or other Proclamation, Order in Council, regulation or by-laws. (3.) For the purposes of this section, the term “ sitting days ” shall mean days on which the House actually sits for the despatch of business. ELECTRICITY. 125
—------Part VII.— 1952. Southern Electric Authority of Queensland Act. laneous.
80 The following sections of *“ The State Electricity Repeal. Commission Acts, 1937 to 1952,” are repealed, namely :— section twenty-three, section twenty-seven, section twenty-eight, section twenty-nine, section thirty, section thirty-one, section thirty-two, section thirty-three, section thirty-four, section forty-three, section forty- four, section forty-five and section 45a.
First FIRST SCHEDULE. Schedule. THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND. CONSTITUTION AND RULES. Constitution. 1. The Authority is a public Authority of the State of Queensland Name of (being an Electric Authority) duly established and incorporated by Authority, and under the Act. Interpretation. 2. In the Constitution and the Rules, where the context admits— Interpreta- “ The Act55 means “ The Southern Electric Authority of Definitions. Queensland Act of 1952 ” ; “ Additional members ” means the members from time to time appointed by the Governor in Council under the provisions of the Agreement. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, “ In writing ” and 44 written ” include printing, lithography and other modes of reproducing words in a visible form ; 44 The Members ” and “ the Board ” mean the Members for the time being of the Authority or a quorum thereof. The term includes elected members and additional members ; “ Month ” means calendar month ; 44 The office ” means the principal office for the time being of the Authority ; 44 Paid up ” means paid up and /or credited as paid up ; 44 Person ” includes company or corporation ; 44 The register ” means the register or registers of stockholders of the Authority kept pursuant to the rules ; 44 The Rules ” means the rules hereinafter set out or other the rules and regulations of the Authority for the time being in force and includes any rules or regulations made pursuant to Rule 2 ; 44 The Seal ” means the official Seal of the Authority ; 44 Secretary ” includes a temporary or assistant Secretary and any person appointed by the members to perform any of the duties of the Secretary ; 44 Stock ” includes V. I. Stock debentures and inscribed stock issued by the Authority ; 44 Stockholder ” means the registered holder for the time being of any stock issued by the Authority ; 44 Subsidiary ” or 44 subsidiary company ” includes Queensland Industries Pty. Limited and any subsidiary of a subsidiary company ; 44 V. I. stockholder ” means the registered holder for the time being of any of the V. I. stock of the Authority ; Words having a defined meaning under the Act shall have the same meaning in the Constitution and the rules ; words importing any gender include other genders ; the singular includes the plural and vice versa. Powers of 3. The Authority shall have the following powers in addition to Authority. the powers conferred upon it by the Act:— (1.) To acquire the undertaking and assets of City Electric Light Company Limited and any other electric authority; (2.) To carry on the business and undertaking of an electric authority and of buying, generating, producing, selling and distributing electricity and all forms of light, heat, power and energy and to develop and promote the use of electricity and all forms of light, heat, power and energy ; (3.) To manufacture, supply, instal, trade in, deal in, let on hire and sell electric wiring, fittings, apparatus and appliances of all kinds ; ELECTRICITY. 127 First 1952. Southern Electric Authority of Queensland Act. Schedule. (4.) To construct, establish, repair, maintain, operate and run installations, wires, cables and other works of every kind for the generation, supply, accumulation, distribution and employment of electricity or for working by electricity any tramways, railways or other works for any other purposes whatsoever ; (5.) To acquire, construct, carry out, maintain, improve, manage, work, control and superintend electrical works of all kinds, tramways, railways, roads, ways, bridges, pipelines, reservoirs, dams, locks, hydraulic works, wharves, warehouses, and carrying and transport undertakings by land, water and air and works and conveniences of all kinds both private and public ; (6.) To search and prospect for, drill for, dredge for, get, win, excavate, open, work, explore, clear, raise, mine, purchase or otherwise obtain coal, petroleum, minerals, metals and raw materials of all kinds whatsoever, to raise, crush, wash, screen, grade, treat, smelt, reduce, refine, process, amalgamate, manufacture, sell and deal in the same and all products therefrom ; (7.) To carry out all kinds of reafforestation, to buy, clear, plant and work timber estates and to buy, sell and prepare for market, manufacture, import, export and deal in trees, logs, timber and articles of all kinds in which wood is used ; (8.) To purchase, hire, build or otherwise acquire, maintain, run, charter or take on lease or hire or let on charter, lease or hire, alter, improve, work, manage and control ships, lighters, colliers, barges, hulks, boats, launches, vessels, railways, rolling stock and railway vehicles, aircraft, motor vehicles and other vehicles of transport and to employ the same between such ports and places as may seem expedient and to make and levy tolls and charges ; (9.) To buy, build, erect, lease, and sell houses and buildings of all kinds, to establish housing estates, to sub-divide land and to provide water supply, drainage, parks, services and other amenities ; (10.) To develop the resources of, work, farm and put to use in any way lands belonging to the Authority and to construct maintain and erect any buildings or works necessary or convenient for the purposes of the Authority ; (11.) To buy, manufacture, sell and deal in all kinds of articles and property required for the purpose of any of the foregoing businesses or undertakings or commonly dealt in by persons engaged in any such business or undertaking and carry on any other business or undertaking whether mercantile, commercial, financial, manufacturing, trading or otherwise which can be conveniently carried on in conjunction with any of the foregoing businesses or undertakings or is calculated directly or indirectly to enhance the value of any of the property or rights of the Authority; 128 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, (12.) To subscribe, take up, acquire, sell and deal in shares, stock, debentures, debenture stock, notes, mortgages or securities of Queensland Industries Pty. Limited and of any subsidiary thereof, to advance or lend money to that company and any subsidiary thereof and to guarantee any of the contracts, debentures, debenture stock, notes, mortgages, or securities of that company or any subsidiary thereof and to repay any of the V. I. stock of the Authority by distributing amongst the holders thereof in proportion to their holdings any of the shares or stock in Queensland Industries Pty. Limited ; (13.) To make experiments and tests and to carry on all kinds of research and to enter into agreements with persons, companies and corporations in Queensland or elsewhere for research and experiment and the supply of goods, plant and machinery and technical and other information, either by or to the Authority ; (14.) To apply for purchase or otherwise acquire and to sell, mortgage, charge, lease, rent, grant leases in respect of or otherwise deal with or dispose of any patents, patent rights and privileges, improved or secret processes, inventions, licenses, concessions and the like conferring any exclusive or non-exclusive or limited right to use any secret or other information which may seem capable of being used for any of the purposes of the Authority or the acquisition of which may seem calculated directly or indirectly to benefit the Authority and to use, exercise, develop, deal in or grant licenses in respect of or otherwise turn to account the same ; (15.) To acquire, take over, or undertake the whole or any part of the undertaking, assets, business, goodwill, property rights, liabilities, contracts and engagements of any person, firm, company, corporation, government or public or local authority or body carrying on any business or undertaking which the Authority is authorised to carry on or possessed of property or rights suitable for any of the purposes of the Authority ; (16.) Generally to purchase, take on lease or in exchange, hire or otherwise acquire any real or personal property and any rights, or privileges which the Authority may think necessary or convenient for the purposes of its business and undertaking; (17.) To improve, manage, develop, lease, charter, mortgage, place under option, sell, exchange, convert into money, dispose of, turn to account or otherwise deal with all or any of the property and rights of the Authority ; (18.) To borrow or raise or secure the payment of money in such manner as the Authority shall think fit and in particular by mortgages and charges upon any or all of the undertaking and assets (present or future) of the Authority or by the creation and issue on such terms and conditions as may be thought expedient of debentures, ELECTRICITY. 129 First 1952. Southern Electric Authority of Queensland Act. Schedule. debenture stock, notes or securities of any description whether charged on any of the property of the Authority or not or of V. I. stock or other unsecured stock or notes ; (19.) To give guarantees, bonds and indemnities and to make, draw, accept, endorse, execute, discount, issue and negotiate and to buy, sell and deal in bills of exchange, promissory notes, contracts, bills of lading, debentures, arid all or any negotiable or transferable instruments ; (20.) To insure against losses, damages, risks and liabilities of all kind with any insurance office, at the discretion of the members, and otherwise to protect and safeguard any of the property rights or interests of the Authority ; (21.) To advance and lend money with or without security and to guarantee the performance of the contracts or obligations of any company, firm or person whatever and generally to give any guarantee for the payment of money or the performance of any obligations or undertaking ; (22.) To invest and deal with moneys of the Authority not immediately required upon such investments and securities and in such manner as may from time to time be determined by the Authority; (23.) To receive money on deposit from any person, firm, ' company, corporation or body ; (24.) To exercise and carry into effect any powers or authorities and to perform any duties or obligations conferred or imposed on the Authority by the Act or by any Statute ; (25.) To enter into any arrangements with any Government, corporation or authority (supreme, municipal, local or otherwise) that may seem conducive to the Authority’s objects or any of them, and to obtain from any such Government, corporation or authority any rights, privileges or concessions which the Authority may think it desirable to obtain and to carry out, exercise and comply with any such arrangements, rights, privileges and concessions ; (26.) To apply for and obtain any Act of Parliament, Order in Council or other authority for enabling the Authority to carry any of its powers into effect or for effecting any modification in the Constitution or Rules of the Authority or for amending or altering any agreement, Act or Order in Council affecting the Authority or for improving the title or tenure of any property of the Authority or for any other purpose which may seem expedient and to oppose any proceedings or applications which may be considered likely directly or indirectly to prejudice the interests of the Authority ; (27.) To establish and form or assist in establishing and forming and to support, aid and join any association or body engaged in electrical, scientific or industrial research or in furthering the interests of electrical undertakings or calculated in any way to benefit the Authority and to subscribe to the same such money as the Authority may think expedient; E 130 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland, Act. 1 Eliz. II. No. 50, (28.) To adopt such means of making known the products of and the benefits of the methods of business adopted by the Authority as may seem expedient and in particular, by advertising in the press or by circulars or otherwise, by purchase and exhibition of works of art and interest, by broadcasting and television and by publication of books and periodicals and to establish competitions and to offer and grant prizes, rewards, premiums and donations ; (29.) To establish scholarships and bursaries and to subscribe or guarantee money for any national, charitable, benevolent, public, general or useful object, or for any exhibition or for any purpose which may be considered likely directly or indirectly to further the objects of the Authority ; (30.) To grant pensions, allowances or gratuities to any employees or officers and ex-employees or ex-officers of the Authority or any predecessor in business of the Authority or the relatives, connections or dependants of any such persons and to establish and support or aid in the establishment and support of associations, institutions, clubs, funds, trusts or conveniences which may be considered calculated to benefit any such persons and to make payments for effecting insurance and to subsidise or contribute to any provident or superannuation fund for the benefit of any such persons ; (31.) To procure the registration of the Authority in or under the laws of any place outside the State of Queensland or to form or establish any corporation or company in any such place for the purpose of carrying into effect any of the objects of the Authority ; (32.) To pay all costs and expenses in connection with the formation and establishment of the Authority and the acquisition of the assets and undertaking of City Electric Light Company Limited ; (33.) To pay any commission or brokerage for the purpose of securing the subscription of any debentures, debenture stock, inscribed stock, notes or other securities of the Authority or of V. I. stock or other unsecured stock or notes and generally to remunerate any person or company (whether in a fiduciary position towards the Authority or not) for underwriting such capital or for services rendered or to be rendered in placing or assisting to place or guaranteeing to place any of the debentures, debenture stock, inscribed stock, notes or securities or the V. I. stock or the unsecured stock or notes of the Authority ; (34.) To do all or any of the things and matters aforesaid in any part of the world, and either as principals, agents, contractors, trustees or otherwise, and by or through trustees, agents, attorneys or otherwise and either alone or in conjunction with others ; (35.) To do all such other things and exercise all such other powers as may be considered by the members to be incidental or conducive to the exercise of the above powers or any of them. ELECTRICITY. 131 First 1952. Southern Electric Authority of Queensland Act. Schedule. And the powers of the Authority as specified in each of the foregoing paragraphs of this clause shall be separate and distinct powers and shall not be in any wise limited by reference to or inference from any other paragraph or the order in which the same occur or to the name of the Authority or the Act: Provided always that nothing herein contained shall empower the Authority in any country or place to carry on any business or undertaking or to exercise any power contrary to the law of that country or place. Office. 4. The principal office of the Authority will be at 156 Boundary Office of Street, Brisbane, in the State of Queensland or at such other place in Autllority‘ the State of Queensland as the members shall from time to time appoint. The Authority may establish branch offices within or outside the State of Queensland. Management of Authority. 5. The members of the Authority shall sit together as a Board Members and may be known also as Directors. slt,as J Board. 6. The business of the Authority shall be managed by the members Business to who may pay all expenses incurred in establishing the Authority and be managed may, subject to the Act and to the Constitution and the Rules, exercise by Members- all the powers of the Authority and carry into effect all or any of the duties of the Authority. The general powers given by this clause shall not be limited to or restricted by any special authority or power otherwise given to or conferred on the members. 7. Any branch or kind of business which by the Act, the ^ny Constitution or the Rules or otherwise is either expressly or by business3 °* implication authorised to be undertaken by the Authority, may be may be left undertaken by the members at such time or times as they think fit in abeyance, and further may be suffered by the members to be in abeyance whether such branch or kind of business may have been actually commenced or not so long as the members may deem it expedient not to commence or proceed with such branch or kind of business. 8. The members may arrange that any branch of the business of Business the Authority outside the State of Queensland shall be carried on by outside or through one or more subsidiary companies and they may, on behalf ma^be ^ of the Authority, make such arrangements as they think advisable for conducted taking the profits or bearing the losses of any business so carried on through a or for financing, assisting or subsidising any such subsidiary company subsidiary, or guaranteeing any of its contracts, obligations or liabilities. 9. The members may appoint, remove and reappoint any persons Control of (whether members of their own body or not) to act as Directors, subsidiaries. Managing Directors or Managers of any subsidiary company or other company in which the Authority may be interested and may determine the remuneration (whether by way of salary, commission on profits or otherwise) of any person so appointed and any members of the Authority may retain any remuneration so payable to them. 10. The members may establish any local boards, committees or Local boards agencies for managing any of the affairs of the Authority, either in committees Queensland or elsewhere, and may appoint any persons to be members ’ of such local boards or committees, or to be managers or agents, and 132 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50* may fix their remuneration, and may delegate to any local board* committee, manager or agent any of the powers, authorities and discretions vested in the members with power to sub-delegate and may authorise the members of any local board or committee or any of them* to fill any vacancies thereon, and to act notwithstanding vacancies, and any such appointment or delegation may be made upon such terms- and subject to such conditions as the members may think fit, and the members may remove any person so appointed, and may annul or vary any such delegation, but no person dealing in good faith and without notice of any such annulment or variation shall be affected thereby. Every member while present in the country, state, territory or place in which any such local board or committee shall have been established shall be ex-officio a member thereof and entitled to attend and vote at all meetings thereof held while he is present in such country, state, territory or place. Appoint ment of 11. The members may from time to time and at any time by attorneys. power of attorney under the seal of the Authority appoint any company* firm or person or any fluctuating body of persons, whether nominated directly or indirectly by the members to be the attorney or attorneys- of the Authority for such purposes and with such powers, authorities and discretions (not exceeding those vested in or exerciseable by the members under these presents) and for such period and subject to such conditions as they may think fit, and any such power of attorney may contain such provisions for the protection and convenience of persons dealing with any such attorney as the members may think fit and may also authorise* any such attorney to sub-delegate all or any of the powers authorities and discretions vested in him. Attorneys to execute 12. The Authority may by writing under its seal empower any deeds. person either generally or in respect of any specified matters as its attorney to execute deeds on its behalf within Queensland or any place beyond Queensland and every deed signed by such attorney on behalf of the Authority and under his seal shall bind the Authority and have the same effect as if it were under its seal. Official 13. (1.) The Authority may have for use in any country, place or seal for use abroad. territory beyond Queensland an official seal which shall be a facsimile of the seal of the Authority with the addition on its face of the name of every country, place or territory where it is to be used. (2.) A deed or other document to which an official seal is duly affixed shall bind the Authority as if it had been sealed with the seal of the Authority. (3.) The Authority may by writing under its seal authorise any person appointed for the purpose in any such country, place or territory to affix the official seal to any deed or other document to which the authority is party in that country, place or territory. (4.) The authority of any such agent shall, as between the Authority and any person dealing with the agent, continue during the period, if any, mentioned in the instrument conferring the authority, or, if no period is so mentioned, then until notice of the revocation or determination of the agent’s authority has been given to the person dealing with the agent. ELECTRICITY. 133 First 1952. Southern Electric Authority of Queensland Act. Schedule. (5.) The person affixing such official seal shall, by writing under his hand, certify on the deed or other instrument to which the seal is affixed, the date on which and the place at which it is affixed. 14. (1.) In addition to the powers conferred by Rule 2, the Alteration members, with the approval of the Governor in Council and with the Constitution approval of a resolution of the V. I. stockholders in ordinary meeting, and Rules, may alter or add to the Constitution or the Rules. (2.) At any time after inscribed stock has been issued to the holders of V. I. stock pursuant to the provisions of clause fourteen of the Agreement the Governor in Council may, by Order in Council, alter or add to the Constitution or the Rules. (3.) Any alteration or addition so made shall be as valid as if originally contained herein and be subject in like manner to alteration or addition. THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND Rules. Debentures and Inscribed Stock of City Electric Light Company Limited. 1. (1.) The Stock and debentures issued by City Electric Light Stock and Company Limited pursuant to the Trust Deed made the first day of c^ures September one thousand nine hundred and forty-one between City Electric Electric Light Company Limited and Queensland Trustees Limited Light shall be governed by the provisions of such Trust Deed including Co. Ltd. the schedules thereto. Insofar as there is any inconsistency between such provisions and the Rules such provisions shall prevail. It shall not be necessary for the Authority to enter into any supplemental Trust Deed with the Company or with the said Queensland Trustees Limited. (2.) The stock and debentures issued by City Electric Light Company Limited pursuant to the Trust Deed made the fifteenth day of August one thousand nine hundred and fifty-two between City Electric Light Company Limited and The Union Trustee Company of Australia Limited shall be governed by the provisions of such Trust Deed including the schedules thereto. Insofar as there is any inconsistency between such provisions and the Rules such provisions shall prevail. It shall not be necessary for the Authority to enter into any supplemental Trust Deed with the Company or with the said The Union Trustee Company of Australia Limited. General Provisions relating to Stock. 2. The Board may from time to time make rules or regulations Power to and prescribe forms requisite or necessary in relation to the V. I. ^utinTto stock or the debentures or inscribed stock of the Authority or any stock. issue or series thereof and such rules or regulations may be set out in any Trust Deed or otherwise and shall for all purposes be deemed to be part of the Rules as though the same were set out at length herein. Subject to any such rules or regulations, the provisions of Rules 3 to 17, both inclusive, of the Rules shall apply to debentures* and inscribed stock of the Authority. 134 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Register of stockholders. 3. (1.) The Authority shall keep in one or more books a register or registers of the stock of the stockholders of the Authority and enter therein the following particulars :— (a) The names and addresses and the occupations, if any, of the stockholders and of the amount of the stock held by such stockholders respectively; (b) The date at which each person was entered in the register as a stockholder ; (c) The date at which any person ceased to be a stockholder; (d) In the case of bearer debentures, the number of such debentures, the amount of such debenture, and the date of the issue thereof. (2.) On the issue of a bearer debenture to any stockholder, the Authority shall strike out of its register the amount of stock for which the bearer debenture is issued. (3.) Separate registers may be kept for the V. I. stock and the other stock of the Authority or for one or more issues or series of stocks. (4.) Any register may be kept on the loose leaf or card system. Index to 4. Unless the registers are in such a form as to constitute in register. themselves an index, the Authority shall keep an index of the names of the stockholders and shall within fourteen days after the date on which any alteration is made in the register, make all necessary alterations in the index. The index, which may be in the form of a card index, shall in respect of each stockholder contain a sufficient indication to enable the account of that stockholder in the register to be readily found. Inspection of 5. Each register and the index of the names of the stockholders register. shall be kept at the office of the Authority and except when such register is closed under the provisions of these rules shall on every business day between the hours of 10 a.m. and 12 noon be open to any stockholder for inspection without charge and to any other person on payment of two shillings and sixpence (2s. 6d.) or such less sum as the board may prescribe for such inspection. Closing of 6. The Authority may, on giving notice by advertisement in register. some newspaper circulating in Brisbane, close the register or any register for any time or times not exceeding in the whole forty-two (42) days in each year. Alteration of 7. (1.) If— register by Court. (a) The name of any person is without sufficient cause entered in or omitted from a register of the Authority; or (b) Default is made or unnecessary delay takes place in entering in a register the fact of any person having become or ceased to be a stockholder, the person aggrieved or any stockholder or the Authority may apply to the Supreme Court for rectification in the register. (2.) When any application is made under this rule, the Court may either refuse the application or may order rectification of the register and payment by the Authority of any damages sustained by any party aggrieved. ELECTRICITY. 135 First 1952. Southern Electric Authority of Queensland Act. Schedule. (3.) On any application under this rule, the Court may decide any question relating to the title of any person who is a party to the application to have his name entered in or omitted from any register, whether the question arises between stockholders or alleged stockholders or between stockholders or alleged stockholders on the one hand and the Authority on the other hand and generally may decide any question necessary or expedient to be decided for rectification of the register. 8. (1.) No notice of any trust expressed, implied or constructive Trusts n°t shall be entered in the register. entered in (2.) The Authority shall be entitled to treat a registered stock- reglster‘ holder as absolute owner of the stock and no person shall be recognised by the Authority as holding any stock upon any trust, and the Authority shall not be bound by or recognise any equitable, contingent, future or partial interest in any stock or (except only as by the rules otherwise expressly directed) any other right in respect of the stock except an absolute right to the entirety thereof in the registered holder. (3.) Without prejudice to the provisions of the Act or the rules relating to the disposal and transfer of stock and notice of trusts it is intended that equitable interests may be enforced against stock holders in respect of stock in the same manner as in respect of any other personal property. 9. Every register shall be primd facie evidence of any matter by Register^ the rules or otherwise directed or authorised to be inserted therein evidence* and shall constitute the title of every stockholder to the stock * registered in his name. 10. (1.) The Authority may cause to be kept in any part of the Branch British Commonwealth of Nations beyond Queensland, a branchregister3, register of stockholders or of V. I. stockholders or of holders of any series or issue of debentures or stock. (2.) Every branch register shall be deemed to be a part of the Authority’s register (in this rule called “ the principal register”). (3.) It shall be kept in the same manner in which the principal register is by the rules required to be kept except that the advertisement before closing the register shall be inserted in some newspaper circulating in the part of the British Commonwealth of Nations wherein the branch register is kept. (4.) The Authority shall transmit to its office in Queensland a copy of every entry in any branch register or registers as soon as may be after the entry is made and shall cause to be kept at its office, duly entered up from time to time, a duplicate of every branch register or registers and every such duplicate shall, for all purposes, be deemed to be a part of the principal register. (5.) Subject to the provisions of this rule with respect to duplicate registers, stock registered in a branch register shall be distinguished from stock registered in the principal register and no transaction with any stock in a branch register shall, during the continuance of that register, be registered in any other register. 136 ELECTRICITY. First Schedule* Southern Electric Authority of Queensland Act, 1 Eliz. II. No. 50, (6.) The Authority, at the request of any stockholder, may transfer any stock from any branch register to the principal register or to any other branch register, or from the principal register to any branch register. (7.) The Authority may discontinue to keep any branch register and thereupon all entries in that register shall be transferred to some other branch register kept by the Authority or the principal register. (8.) After the opening of any branch register, every stock certificate and debenture shall contain a notification that any transfer of the stock named therein or the debenture will be registered only at the principal office in Queensland or in a particular branch register, naming it, and such transfer shall be registered accordingly and not otherwise. Joint 11. If two or more persons are registered as joint holders of stock holders. any one of such persons may give effectual receipts for any debenture or stock certificate or for any interest or other moneys payable in respect of such stock. Delivery of 12. Debentures and stock certificates for stock registered in the debentures. names of two or more persons shall be delivered to the person first named in the register in respect thereof unless such joint holders otherwise direct. Death of 13. In the case of the death of any one of the joint holders of joint any stock, the survivors or survivor will be the only persons or person holders. recognised by the Authority as having any title to or interest in such stock. Death of 14. The executors or administrators of a deceased stockholder stockholders. (not being one of several joint holders) shall be the only persons recognised by the Authority as having any title to such stock. Successor to 15. Any person becoming entitled to stock in consequence of transfer or the death, mental sickness or bankruptcy of any holder of such become stock upon producing such evidence that he sustains the character registered. under which he purports to act under this rule, or of his title as the holder of such stock, or, subject to the rules, may transfer such stock. Retention 16. The Authority shall be at liberty to retain the interest payable of interest. on any stock which any person under rule 15 is entitled to transfer until such person shall be registered or duly transfer the same. Payment of 17. The interest upon stock may be paid by cheque, sent through interest. the post to the registered address of the holder or in the case of joint holders, the registered address of that one of the joint holders whose name appears first on the register in respect of such stock or to such person at such address as the holder or joint holders may direct. Every such cheque shall be made payable to the order of the person to whom it is sent or to such person as the holder or joint holders may direct and the payment of the cheque shall be in satisfaction of the interest. At the request of any stockholder, interest may in the discretion of the board be paid by cheque placed to the credit of the stockholder or any other person in any bank and payment of the cheque shall be in satisfaction of the interest. ELECTRICITY. 137 First 1952. Southern Electric Authority of Queensland Act. Schedule. F. I. Stock. 18. (1.) The Authority shall issue variable interest stock to l®s^e of the shareholders of City Electric Light Company Limited in • *stoc ' accordance with the provisions of the Act and the Agreement. (2.) The Authority may from time to time borrow money by the issue of further variable interest stock in the manner and to the extent provided by the Agreement and may borrow such money and may agree to repay such money at any place in Australia free of exchange to the lenders. V. I. stock offered to V. I. stockholders (except to the extent authorised by resolution of any general meeting of V. I. stockholders) shall be offered in the first place to the Y. I. stockholders in proportion to the nominal amount of V. I. stock held by them respectively or as near thereto as circumstances will permit provided that it shall not be necessary to offer any V. I. stock of an amount of less than ten pounds. Stock so offered to V. I. stock holders may be allotted to V. I. stockholders or their nominees or assignees. (3.) Subject as aforesaid V. I. stock shall be at the disposal of the members and, subject to the Agreement and with any consent or approval which may be required, they may allot, grant options over or otherwise dispose of the same to such persons at such times and on such terms as they think proper. (4.) Notwithstanding that at any time the Authority has not offered to Y. I. stockholders stock to the full amount which under the Act and the Agreement Y. I. stockholders for the time being and their nominees have the right to subscribe and pay for, the members and the Authority shall be under no obligation or be compellable to issue Y. I. stock but the Authority may defer or withhold the borrowing of money by the issue of V. I. stock for so long as the members think fit. 19. V. I. stock may be issued upon the basis that the whole Calls may amount thereof is payable upon application or upon allotment or be made, upon one or more fixed dates by one or more instalments or by calls to be made by the Board. 20. If any instalment or call is not paid on the due date, the if calls not members at any time thereafter may refuse to accept the payment of paid on due the amount of such instalment or call or of any later instalment or date* call and in such case the stockholder shall be entitled only to fully paid stock of the amount to which such stock is paid up ignoring any fraction of a pound (£)...... 21. The person whose name is registered in the register as the y j owner of any Y. I. stock shall be deemed to be the owner of the stock stockholders and subject to the rules have power to dispose of and transfer the may transfer stock and to give effectual receipts for any moneys paid to him by stock* way of consideration. 22. Every Y. I. stockholder shall be entitled on request to receive stock from the Authority a stock certificate showing the amount of stock certificates, registered in his name in the register. Such certificate shall not amount to an instrument of title or be transferable or negotiable but shall amount only to a notice of the amount of stock registered in his name in the register at the date of the certificate. 138 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Transfers. 23. Subject to the rules, V. I. stock may be transferred in multiples of one pound (£1) but the Authority shall not be required to register V. I. stock of an amount of less than fifty pounds (£50) for any person. No transfer 24. No transfer of V. I. stock shall be made to a person who is to infant known to the board to be an infant or mentally sick but the board or lunatic. shall not be bound to enquire as to the age or soundness of mind of any transferee. Form of 25. Transfers of V. I. stock shall be in the usual common form transfer. or in the form below or in any other form which the members from time to time prescribe or in particular cases accept. THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND. Transfer of Variable Interest Stock. Amount of Stock : I, of in consideration of the sum of (£ ) paid to me by of Occupation (hereinafter called 44 the Transferee ”) do hereby transfer £ ( pounds) of V. I. stock standing in my name in the register of The Southern Electric Authority of Queensland to the said transferee his executors administrators and assigns subject to the several conditions on which I held the same at the time of the execution hereof and I the said transferee do hereby agree to take the said V. I. stock subject to the same conditions. As witness our hands the day of 19 . Signed by the said transferor in the\ presence of: f Transferor. Witness. Signed by the said transferee in the\ presence of: f Transferee. Witness. Transfers to 26. Every instrument of transfer of V. I. stock shall be signed by be signed or on behalf of the transferor and transferee and be witnessed as the and Board shall require and the transferor shall be deemed to remain the witnessed. holder of the V. I. stock until the name of the transferee is entered in the register in respect thereof: Provided that the board may dispense with the signing of any transfer by the transferee in any case in which they think it fit in their discretion so to do. Transfers to 27. (1.) Every instrument of transfer of V. I. stock shall be be delivered delivered at the office of the Authority or at the place at which the to Authority, branch register on which such stock is registered is situated or at such other place as the Authority may appoint accompanied by such evidence as the Authority may require to prove the title of the transferor or his right to make the transfer and upon registration of such instrument of transfer the transferee will be recognised as entitled to the V. I. stock free from any equity, set off, or cross claim of the Authority against the transferor. ELECTRICITY. 139 First 1952. Southern Electric Authority of Queensland Act. Schedule. (2.) All instruments of transfer which shall be registered shall ^e^et^ned0 be retained by the Authority but any instrument of transfer which * the Board may decline to register shall (except in any case of fraud) be returned to the person depositing the same. 28. (1.) The Authority may at any time upon the request of any V. I. stockholder endorse upon any transfer of V.I. stock bytrans ers' such V. I. stockholder a marking stating that the V. I. stockholder is the registered holder of V. I. stock to the amount stated in the transfer and that the transfer is available for registration during the period stated in the marking which shall not exceed forty-two (42) days or such longer period as the members may in their discretion think fit. (2.) The Authority may at any time upon the request of any Special V. I. stockholder endorse upon any transfer of V. I. stock by suc^ ^nsfers stockholder a marking stating that the stockholder is the registered * holder of Y. I. stock to the amount stated in the transfer and that the transfer is available for registration during the period stated in the marking which period shall not exceed five years. (3.) When, pursuant to subclause (1) or subclause (2) of this Limitations Rule a marking has been endorsed upon any transfer or transfers of °f transfer V. I. stock of any V. I. stockholder the Authority may reserve from Marked transfer sufficient stock of such V. I. stockholder to meet such marked transfer transfer and notwithstanding the death of any such stockholder or issued, the right (apart from this Rule) of any person to transfer such stock or to become registered as the holder of such stock the Authority whilst any marked transfers are outstanding may refuse to register transfers of the stock so reserved. (4.) The Authority, upon the request of any Y. I. stockholder to Marked whom any part of any new issue of Y. I. stock has been offered, may transfers at any time, before the allotment of such stock to such stockholder, j^es™ endorse upon any transfer by such Y. I. stockholder of any part of * any such new issue of V. I. stock a marking stating that the Y. I. stockholder is entitled to apply for and be allotted Y. I. stock to the amount stated in the transfer and that subject to application and payment for such V. I. stock the V. I. stockholder is entitled to be allotted the same and that the transfer is available for registration during the period stated in the marking which shall not exceed forty-two days or such longer period as the members may in their discretion think fit. (5.) When a marking has been endorsed upon any transfer or Limitations transfers of any new issue of Y. I. stock of any stockholder pursuant OI* transfer to subclause (4) of this Rule the Authority, on the allotment of such new issue of Y. I. stock to such stockholder, may reserve from transfer transfer sufficient thereof to meet such marked transfers and notwithstanding issued the death of any such stockholder or the right (apart from this Rule) t°r new of any person to transfer such stock or to become registered as theissue* holder of such stock the Authority whilst any marked transfers are outstanding may refuse to register transfers of the stock so reserved. 29. Nothing herein contained shall preclude the Authority from Renuncia- recognising a renunciation of the allotment of any Y. I. stock by the of allottee or person to whom the same is offered in favour of some ng s* other person, or from allotting Y. I. stock to any nominee or assignee of any stockholder. 140 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, General Meetings of V. I. Stockholders. Ordinary- general 30. An ordinary general meeting of the V. I. stockholders shall meetings. be held in the calendar year, 1953, and once at least in every calendar year thereafter at such time not being more than fifteen months after the holding of the last preceding ordinary general meeting and in such place as the Board determines. Extraordin 31. The members may whenever they think fit call an ary general meetings. extraordinary general meeting of V. I. stockholders. Meetings on 32. (1.) The members shall on the requisition of V. I. requisition. stockholders holding at the date of the deposit of the requisition not less than one-tenth in value of the amount paid up on the stock, forthwith proceed to convene an extraordinary general meeting of V. I. stockholders. (2.) The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the office of the Authority and may consist of several documents in writing each signed by one or more requisitionists. (3.) If the members do not within twenty-one days from the date of the deposit of the requisition proceed duly to convene a meeting, the requisitionists or any of them representing more than one-half the total voting rights of all of them may themselves convene a meeting but any meeting so convened shall not be held after the expiration of three months from the said date. (4.) A meeting convened under this rule by the requisitionists shall be convened in the same manner as nearly as possible as that in which meetings are to be convened by the members. (5.) Any reasonable expenses incurred by the requisitionists by reason of the failure of the members duly to convene a meeting shall be repaid to the requisitionists by the Authority and any sums so repaid shall be retained by the Authority out of any sums due or to become due by the Authority by way of fees or other remuneration in respect of their services to such of the members as were in default. Notice of General Meetings. Notice of 33. Seven days’ notice at the least specifying the place, the day meeting. and the hour of meeting (and in the case of any extraordinary General Meeting, specifying the meeting as such) and in case of special business, the general nature of such business shall be given in manner hereinafter mentioned to all the V. I. stockholders and such other persons as are under the provisions herein contained entitled to receive notice thereof. Omission 34. The accidental omission to give notice to or the non-receipt to give of notice by any V. I. stockholder or other person shall not invalidate notice. the proceedings of any general meeting or any resolution passed thereat. Proceedings at General Meetings. Business of 35. The ordinary business of any ordinary general meeting shall ordinary general be to elect members in place of those retiring by rotation or otherwise, meeting. to appoint auditors, to determine the remuneration of the members and to fix the remuneration of the auditors. All other business transacted at an ordinary general meeting and all business transacted at an extraordinary general meeting shall be deemed special. ELECTRICITY. 141 ■------First 1952. Southern Electric Authority of Queensland Act. schedui 36. No person shall as regards any special business be at liberty Special to move at any general meeting any resolution not previously approved business* by the Authority unless he has not less than twenty-one days prior to the holding of such meeting given notice of his intention to move .such resolution to the Authority. 37. No business shall be transacted at any general meeting Quorum, unless a quorum is present when the meeting proceeds to business. Twenty V. I, stockholders present in person or by proxy or in the ease of a Corporation by a representative and entitled to vote thereat shall be a quorum for a general meeting. 38. If, within fifteen minutes of the time appointed for the Absence of meeting, a quorum is not present, the meeting, if convened on the fiuorum* requisition of V. I. stockholders, shall be dissolved. In any other ease it shall stand adjourned to the same day in the next week at the same time and place and if at such adjourned meeting a quorum is not present within fifteen minutes from the time appointed for holding the meeting, the Y. I. stockholders present shall be a quorum. 39. The Chairman or in his absence the Deputy Chairman (if Chairman of any) shall preside as Chairman at every general meeting of V. I. meetings, stockholders. If there be no Chairman or Deputy Chairman or if at any meeting he be not present within five minutes after the time appointed for holding the meeting or be unwilling to act as Chairman, the members present or in default the V. I. stockholders present shall choose some member, or if no member be present or if all the members present decline to take the chair, some V. I. stockholder present to be Chairman. 40. The Chairman may, with the consent of any meeting, at which Adjoum- a quorum is present (and shall if so directed by the meeting) adjourn ments. the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting except business which might lawfully have been transacted at the meeting from which the adjournment took place. When a meeting is adjourned for 14 days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting. 41. At any general meeting a resolution put to the vote of the Voting by meeting shall be decided on a show of hands unless a poll is (before hands° unless or on the declaration of the result of the show of hands) demanded by p0n the Chairman or by at least ten V. I. stockholders present in person demanded, or by proxy and entitled to vote or by a V. I. stockholder or stock holders entitled to vote and holding or representing by proxy at least one-tenth part of the paid up V. I. stock of the Authority. 42. If any votes shall be counted which ought not to have been Error in counted, or might have been rejected, the error shall not vitiate the resolution unless it be pointed out at the same meeting or at any vo es* adjournment thereof, and not in that case unless it shall in the opinion of the Chairman of the meeting be of sufficient magnitude to vitiate the resolution. 43. If a poll is duly demanded it shall be taken at such time and Conduct of in such manner (including the use of ballot or voting papers or tickets) po * as the Chairman may direct, and the result of a poll shall be deemed 142 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50y to be the resolution of the meeting at which the poll was demanded. The Chairman may, in the event of a poll, appoint scrutineers and may adjourn the meeting to some place and time fixed by him for the purpose of declaring the result of the poll. The demand for a poll may with the consent of the Chairman of the meeting be withdrawn. Casting 44. In the case of an equality of votes, whether on a show of vote. hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote. Time for taking poll. 45. A poll demanded on the election of a Chairman or on a question of adjournment shall be taken forthwith. A poll demanded on any other question shall be taken either immediately or at such subsequent time (not being more than thirty (30) days from the date of the meeting) and place as the Chairman may direct. No notice need be given of a poll not taken immediately. Other business 46. The demand for a poll shall not prevent the continuance of a proceeds meeting for the transaction of any business other than the question notwith on which the poll is demanded. standing poll. Votes of V. I. Stockholders. Votes in 47. Votes may be given either personally or by proxy or in the person or by proxy. case of a corporation by a representative duly authorised under Rule 54. On a poll a person entitled to more than one vote need not use all his votes or cast all the votes he uses in the same way. Joint 48. In the case of joint holders of V. I. stock, the vote of the holders. senior who tenders the vote, whether in person or by proxy shall be accepted to the exclusion of the votes of the other joint holders and for this purpose seniority shall be determined in the order in which the names stand in the register. The executors or administrators of a deceased V. I. stockholder in whose name stock stands shall be deemed joint holders of such stock. Votes by 49. In the case of a V. I. stockholder mentally sick or in respect executors, &c. of whom an order has been made by any Court having jurisdiction in lunacy, he may vote by the Public Curator or his committee or administrator or other person in the nature of a committee or administrator acting personally or by proxy or attorney, and in the case of a deceased or a bankrupt V. I. stockholder, his executors, administrators or other person or persons entitled under these rules to transfer the stock or entitled by transmission to the stock may vote either in person or by proxy or attorney : Provided that such evidence as the Board may require of the authority of the person claiming the right to vote shall have been deposited at the office not less than three days before the time for holding the meeting. Objection 50. No objection shall be raised to the qualification of any voter must be made at except at the meeting or adjourned meeting at which the vote objected meeting. to is given or tendered, and every vote not disallowed at such meeting shall be valid for all purposes. Any such objection made in due time shall be referred to the chairman of the meeting whose decision shall bo final and conclusive. ELECTRICITY. 143 First 1952. Southern Electric Authority of Queensland Act. Schedule. 51. On a show of hands every V. I. stockholder present in person, Voting on or in the case of a corporation present by a representative (other show of than a V. I. stockholder) appointed under Rule 54, shall have one hands, vote. 52. On a poll, every V. I. stockholder present in person or by Voting on proxy or in the case of a corporation present by a representative P011* appointed under Rule 54 shall have one vote for every five pounds (£5) of V. I. stock of which he is the holder up to one hundred pounds (£100)—one additional vote for every ten pounds (£10) of Y. I. stock beyond one hundred pounds (£100) up to two hundred pounds (£200) and one additional vote for every twenty-five pounds (£25) of V. I. stock in excess of two hundred pounds (£200) up to one-fourth of the V. I. stock for the time being issued. Any holding beyond 25% of the amount of Y. I. stock for the time being issued shall carry no further voting power. 53. The instrument appointing a proxy shall be in writing under Proxy, the hand of the appointee or of his attorney duly authorised in writing, or if the appointor is a corporation either under its common seal or under the hand of an officer or attorney so authorised. No person shall be appointed a proxy who is not a V. I. stockholder qualified to vote. 54. Any corporation holding Y. I. stock conferring the right to Corporation vote may by resolution of its directors or other governing body ma,y appoint authorise any of its officials or any other person to act as its ^^esen a" representative at any meeting of the V. I. stockholders of the Authority and the person so authorised shall be entitled to exercise the same powers on behalf of the corporation which he represents as if he had been an individual Y. I. stockholder of the Authority. 55. The instrument appointing a proxy and the power of attorney Proxy to be or other authority (if any) under which it is signed, or a notarially j^f^before certified copy of such power of authority, shall be deposited at the meeting. office not less than 24 hours before the time appointed for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, and in default the instrument of proxy shall not be treated as valid. 56. An instrument of proxy may be in the following form, or in Form of any other form which the Authority may approve, and the proxy proxy, shall be deemed to include the right to demand cr join in demanding a poll, and generally to act at the meeting for the member giving the proxy : “ The Southern Electric Authority of Queensland. I, the undersigned, being the holder of V. I. stock in the above Authority to the amount of pounds (£ ) appoint or failing him of or failing him the Chairman of the meeting as my proxy to vote for me and on my behalf at the Ordinary (or extra ordinary, as the case may be) General Meeting of the V. I. stockholders of the Authority to be held on the day of 19 and any adjournment thereof and to demand a poll. As witness my hand this day of 19 .” 144 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50,. Proxy valid 57. A vote given in accordance with the terms of an instrument until notice of proxy shall be valid, notwithstanding the previous death or mental of . revocation. sickness of the principal or revocation of the proxy, or of the authority under which the proxy was executed, or the transfer of the stock in respect of which the proxy is given, provided that no intimation in writing of such death, mental sickness, revocation or transfer shall have been received by the Authority at the office of the Authority before the commencement of the meeting or adjourned meeting at which the proxy is used. Members of the Authority. Membership. 58. The first members shall be the members appointed by the Act, that is to say, Edward Satchwell Cornwall, Harold Henry Corser, Joseph Harold Hoare, James Harvy Holmes, and Guy Gilroy L’Estrange, who shall be deemed to be elected members, and Harold Neil Smith, who shall be deemed to be one of the additional members. As from the date of his appointment the person appointed by the Governor in Council shall be a second additional member. If any such person shall fail to accept and take up office forthwith he shall be deemed to have vacated office and the vacancy may be filled in accordance with the Rules. The number of members of the Authority shall not at any time exceed the maximum fixed by the Agreement. Employees may be 59. An officer or employee of the Authority or of any subsidiary appointed company may be appointed a member or deputy member and may members. receive remuneration in either or both capacities. Associate 60..The Board may at any time or from time to time appoint members. any employee of the Authority or of any subsidiary company to be an associate member. An associate member shall attend only such meetings of the Board as the members decide. He shall not be entitled to receive notices of meetings otherwise than as the Board determines or to cast a vote or to be counted in a quorum. An associate member shall not be entitled to receive any remuneration as such and may be removed from office at any time by resolution of the Board. None of the provisions of these rules relating to members shall be deemed to include or refer to an associate member unless it is expressly so* stated. * Remunera 61. The members shall be paid out of the funds of the Authority tion of by way of remuneration for their services at such rate or such sum as members. the V. I. stockholders in general meeting may from time to time determine. Of the remuneration so determined (if a lump sum) such part shall be payable to the Chairman as the members determine and the balance of such remuneration shall be equally divided between them. The V. I. stockholders may also vote any other sum by way of extra remuneration to the Board or any member of the Board and either for one year or any longer or shorter period : Provided ELECTRICITY. 145 First 1952. Southern Electric Authority of Queensland Act. Schedule. that the remuneration of the members shall not be by way of commission on or percentage of profits or income. The members shall be entitled to be repaid all such reasonable expenses as may be incurred by them in attending meetings of the Board or of committees of the Board or meetings of stockholders or which they may otherwise incur in any way in or about the business of the Authority. Until the remuneration of the members is determined at the first general meeting of the V. I. stockholders the members shall be entitled to receive, on account of their remuneration, payment at the same rate as the remuneration payable to the directors of the Company before the proclaimed day. 62. Any member who serves on any committee or who devotes Remunera- special attention to the business of the Authority or who otherwise for performs services which, in the opinion of the Board, are outside thejjJP®®?^ scope of the ordinary duties of a member, may be paid such extra * remuneration as the Board may determine which shall be charged as part of the Authority’s ordinary working expenses. 63. (1.) A member may hold any other office or place of profit Members under the Authority (not being the office of auditor) and may act in may a professional capacity for the Authority in conjunction with his^.^ract office of member or otherwise on such terms as to remuneration and Authority, otherwise as the Board may determine. (2.) No member or intending member shall be disqualified by his office from contracting with the Authority either with regard to his tenure of such other office or place of profit or as vendor, purchaser or otherwise, nor shall any such contract or any contract or arrangement entered into by or on behalf of the Authority in which any member is in any way interested be liable to be avoided nor shall any member so contracting or being so interested be liable to account to the Authority for any profit realised by any such contract or arrangement or by reason of such member holding that office or of the fiduciary relation thereby established, provided that, unless such interest sufficiently appears on the face of the transactions, notice of the interest of such member in such contract or arrangement or proposed contract or arrangement is given to the Authority. (3.) Notice as aforesaid by any member shall be given not later than the meeting of the Authority at which the question is first taken into consideration, if his interest then exists, or at the next meeting of the Authority after he becomes interested. (4.) A general notice given to the Authority by any member to the effect that he is a member of a specified firm or a member or director of a specified company shall be sufficient notice of interest under this Rule and after such general notice it shall not be necessary for such member to give a special notice relating to any particular transaction with that firm or company. 64. No member shall vote in respect of any contract or when arrangement between the Authority and himself personally or any members firm of which he is a member other than : not to vot< (1.) A contract to give to the members or any of them any security for any advance or by way of indemnity ; or (2.) The issue or allotment of any V. I. stock debentures or other stock notes or securities. 146 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Vacation of office. 65. A member shall vacate office in any of the following events, namely:— (a) If he resigns his office by writing under his hand left at the office ; (b) If he becomes bankrupt or has a sequestration order made against him or compounds with his creditors ; (c) If he be found lunatic or becomes mentally sick ; (d) If he be absent from meetings of the Authority for three months without leave and the Authority resolves that his office be vacated. Appointed 66. An appointed member shall vacate office also if he be removed members from office by the Governor in Council and, in the case of the vacating office. Commissioner, if he ceases to be Commissioner. Deputy 67. Any member may at any time appoint any person approved members. by the Board to be a deputy member of the Authority . Such member or the Board may at any time remove from office any deputy member so appointed. A deputy member shall (subject to his giving to the Authority an address within Queensland at which notices may be served upon him) be entitled to attend all meetings of the Board and also to vote as a member at any such meeting at which the member appointing him is not personally present and generally to perform all the functions of his appointor as a member in the absence of such appointor. A deputy member shall ipso facto cease to be a deputy member if his appointor ceases for any reason to be a member : Provided that if any member retires by rotation but is re-elected at the meeting at which such retirement took effect, any appointment made by him pursuant to this Rule which was in force immediately prior to his retirement, shall continue to operate after his re-election as if he had not so retired. Every appointment and removal of deputy members shall be effected by writing under the hands of the member making or revoking such appointment left at the office. A deputy member, while he holds office as such, shall be deemed to be a member of the Authority. Executive Members. Executive 68. The members may from time to time appoint one or more member : of their body to be an executive member or executive members for not subject to such period not exceeding five years and, subject to Rule 69, on such retirement terms as they think fit and may confer upon such member or members by rotation. such title as they think fit. A member so appointed shall not while holding that office be subject to retirement by rotation or taken into account in determining the rotation of retirement of members, but without prejudice to any claims he may have for damages for breach of any contract of service between him and the Authority, his appointment shall ipso facto determine if he cease from any cause to be a member or if the Board resolves that his term of office as such executive member be determined. Remunera 69. A member holding any such executive office as aforesaid tion of executive shall receive such sum by way of remuneration as the Board may member. determine. Such remuneration shall not be a commission on or percentage of profits or income. ELECTRICITY. 147 First Schedule. 1952. Southern Electric Authority of Queensland Act. 70. The members may entrust to and confer upon a member Delegation any of the powers exerciseable by them as members upon such terms of Powers* and conditions and with such restrictions as they think fit, and either collaterally with or to the exclusion of their own powers, and may from time to time revoke, withdraw, alter or vary all or any of such powers. Retirement by Rotation. 71. At the Ordinary General Meeting in the calendar year 1953 and at the Ordinary General Meeting in every subsequent year, one annually, elected member shall retire from office. 72. The elected member to retire in every year shall be the one, ^frement not being an executive member, who has been longest in office ’ since his last election or appointment, but as between persons who become or were last re-elected members on the same day the one to retire shall (unless they otherwise agree among themselves) be determined by lot. The member retiring by rotation shall retain office until the close of the meeting at which he retires. 73. The V. I. stockholders at the meeting at which a member Filling of retires in manner aforesaid shall fill up the vacated office by electing vacancles* a person thereto and in default the retiring member shall be deemed to have been re-elected, unless at such meeting it is expressly resolved not to fill up such vacated office, or unless a resolution for the re-election of such member shall have been put to the meeting and lost. 74. No person not being a retiring member shall be eligible for Notice of election to the office of member at any General Meeting unless he ^member* or some V. I. stockholder intending to propose him has at least eleven ’ clear days before the meeting left at the office a notice in writing duly signed by the nominee giving his consent to the nomination and signifying his candidature for the office or the intention of such stockholder to propose him, provided that in the case of a person recommended by the Board for election nine clear days only shall be necessary. 75. Subject to the Act and the Agreement, the V. I. stockholders in General Meeting may from time to time increase or reduce the members, number of elected members and may also determine in what rotation such increased or reduced number is to go out of office. 76. The Board shall have power at any time and from time Casual to time to appoint any person to be an elected member, either to fill vacancies, a casual vacancy or as an addition to the existing number of elected members, but so that the total number of members shall not at any time exceed the maximum number fixed by or in accordance with the Agreement. Any member so appointed shall hold office only until the next following Annual General Meeting of V. I. stockholders and shall then be eligible for re-election. Only elected members may vote on any matter arising under this rule. 77. The V. I. stockholders may by ordinary resolution in general of meeting remove any elected member before the expiration of from 0face< his period of office (but so that such removal shall be without prejudice to any claim such member may have for damages 148 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, for breach of any contract of service between him and the Authority) and may by like resolution appoint another person in his stead. The person so appointed shall be subject to retirement at the same time as if he had become a member on the day on which the member in whose place he is appointed was last elected a member. Proceedings of Members. Meetings of 78. The members may meet together for the despatch of business, Board : adjourn and otherwise regulate their meetings as they think fit, and Chairman and Deputy may elect a Chairman and determine the period for which he shall hold Chairman. office. The members may also elect a Deputy Chairman and determine the period for which he shall hold office. Questions arising at any meeting shall be determined by a majority of votes. In case of an equality of votes the Chairman shall have a second or casting vote except when a quorum of two only is present in which case the Chairman shall not have a second or casting vote. A member may, and the Secretary on the requisition of a member shall, at any time summon a meeting of the Board. It shall not be necessary to give notice of a meeting of the Board to any member for the time being absent from Queensland. Quorum. 79. The quorum necessary for the transaction of the business of the Authority may be fixed by the Board, and unless so fixed at any other number shall be three. Continuing 80. The continuing members may act notwithstanding any members vacancies in the Board, but if and so long as the number of members is may act. reduced below the minimum number fixed by or in accordance with the rules, the continuing members or member may act for the purpose of filling up vacancies in the Board or summoning general meetings of the V. I. stockholders, but not for any other purpose. If there be no members or member able or willing to act, then any two V. I. stockholders may summon a General Meeting of V. I. stockholders for the purpose of appointing members. Temporary 81. If the members shall not have appointed any member of their Chairman. body to the office of Chairman or Deputy Chairman pursuant to Rule 78 or if at any meeting the Chairman or Deputy Chairman be not present within five minutes after the time appointed for holding the same, the members present may choose one of their number to be Chairman of the meeting. Powers of 82. A meeting of the Board for the time being, at which a quorum quorum. is present, shall be competent to exercise all powers and discretions for the time being exerciseable by the Authority or the members. Committees. 83. The members may delegate any of their powers to committees consisting of such one or more members of their body or other person or persons as they think fit. Any committee so formed shall in the exercise of the powers so delegated conform to any regulations that may be imposed on them by the Board. Procedure at 84. The meetings and proceedings of any such committee committee meetings. consisting of two or more members shall be governed by the provisions of these presents regulating the meetings and proceedings of the Board, so far as the same are applicable and are not superseded by any regulations made by the Board under the last preceding rule. ELECTRICITY. 149 First 1952. Southern Electric Authority of Queensland Act. Schedule 85. All acts done by any meeting of the Board or of a committee Acts valid or by any person acting as a member shall as regards all persons g^^1' dealing in good faith with the Authority, notwithstanding that there defects, was some defect in the appointment of any such member or person acting as aforesaid, or that they or any of them were disqualified, or had vacated office or were not entitled to vote, be as valid as if every such person had been duly appointed, and was qualified and had continued to be a member and had been entitled to vote. The Seal. 86. The Seal shall not be affixed to any instrument except with Seal, the authority of a resolution of the members or of a committee of the members and shall be so affixed in the presence of at least one member and the Secretary or some other person approved by the Board, both of whom shall sign every instrument to which the Seal is so affixed in their presence. Cheques, Bills, cfcc. 87. All cheques, promissory notes, drafts, bills of exchange and Cheques, &c. other negotiable or transferable instruments shall be signed, drawn, accepted, endorsed, or otherwise executed as the case may be in such manner as the Board shall from time to time by resolution determine. Secretary. 88. There shall be a Secretary of the Authority who shall be Secretary, appointed and be removable by and be under the absolute control, direction and superintendence of the Board, and his remuneration shall be such as the Board from time to time determines. The Board may from time to time appoint any Assistant Secretary or assistant to the Secretary or a temporary substitute for the Secretary who shall for the purpose of the rules be deemed to be the Secretary. Authentication of Documents. 89. Any member or the Secretary or any person appointed by Authentiea- the Board for the purpose shall have power to authenticate any tion of documents affecting the constitution of the Authority (including the documents. Constitution and the Rules) and any rules or regulations made by the Board and any resolutions passed by the V. I. stockholders or other stockholders or debenture holders or the Board and any books, records, documents and accounts relating to the business of the Authority and to certify copies thereof or extracts therefrom as true copies or extracts and where any books, records, documents or accounts are elsewhere than at the office of the Authority, the local manager, secretary or other officer or agent of the Authority having the custody thereof shall be deemed to be a person appointed by the Board as aforesaid. Accounts. 90. The members shall keep accounts and prepare and send to Accounts, the V.I. stockholders Revenue Accounts and Balance Sheets in manner required by the Act. 150 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50? Subsidiary Companies. Subsidiary 91. There shall be annexed to the accounts of the Authority: companies. (a) So long as Queensland Industries Pty. Limited remains a subsidiary of the Authority a consolidated Balance Sheet and consolidated Profit and Loss Account of Queensland Industries Pty. Limited and of any subsidiary thereof eliminating all inter-company transactions and in addition, a statement showing the total losses (if any) thereof: Provided that where Queensland Industries Pty. Limited does not own the whole of the share capital of any subsidiary thereof such consolidated Balance Sheet and Profit and Loss Account shall disclose the extent of its interest therein after making due allowance for the interest of outside shareholders ; or (b) A separate Balance Sheet and Profit and Loss Account of every subsidiary of the Authority. Auditors. Auditors. 92. (1.) No member, deputy member, officer or employee of the Authority or of any subsidiary or of any electric authority or a partner in business with or employer or employee of any such person shall be capable of being appointed or of acting as auditor of the Authority : Provided that no person shall be disqualified from acting as an auditor of the Authority merely because he is a stockholder or other creditor of the Authority or by reason only of his being a consumer of electricity supplied by the Authority or a person being liable to be charged as such consumer by the Authority. Disqualifica tion of (2.) No person being a partner in any business with or an employer auditors. or employee of an auditor of the Authority shall be capable of being appointed a member or deputy member of the Authority. Appoint 93. A person other than a retiring auditor shall not be capable of ment of being appointed an auditor at a general meeting unless notice of auditors. intention to nominate that person to the office of auditor has been given by a V. I. stockholder to the Authority not less than fourteen (14) days before the general meeting, nor unless his appointment has been approved in writing by the Commission. The Authority shall send a copy of any notice to the Commission and to the retiring auditor and shall give notice thereof to the V. I. stockholders either by advertisement or any other mode allowed by the rules. Minutes. 94. (1.) The members shall cause minutes to be entered in books provided for the purpose which may be kept on the loose leaf system r (a) Of all appointments of officers ; (b) Of all names of the members present at each meeting of the Board and of any committee ; (c) Of all orders made by the Board and committees ; (d) Of all resolutions and proceedings of general meetings of V.I. stockholders or of general meetings of any stockholders or debenture holders and of meetings of the Board and of committees. ELECTRICITY. 151 First 1952. Southern Electric Authority of Queensland Act. Schedule. (2.) Any such minutes of any meeting of the Board or of any committee or of any general meeting whether of V. I. stockholders or debenture holders or other stockholders if purporting to be signed by the Chairman of such meeting or by the Chairman of the next succeeding meeting shall be receivable as primd facie evidence of the matters stated in such minutes. The books containing the minutes of general meetings of V. I. stockholders shall be kept at the office and shall be open to the inspection of V. I. stockholders between the hours of 10 a.m. and 12 noon on any business day. . Notices. 85. Where a notice or other document is sent by post to any Service of V. I. stockholder, service shall be deemed to be effected at the notlces* time when a letter containing the same is posted and in proving such service, it shall be sufficient to prove that such letter was properly addressed stamped and posted. 96. All stockholders shall give to the Authority an address within Address for Australia for the service of notices and the address so given shall be service, deemed to be the registered address of such stockholders respectively. In default thereof the principal office of the Authority shall be deemed to be the registered address of such stockholders so failing to give an address for registration as aforesaid and a notice posted at such office in a conspicuous place shall be deemed to have been duly served on every • stockholder who has not given an address for registration as * aforesaid. 97. In case of joint holders of stock all notices may be given to Joint that one of the joint holders whose name stands first in the register holders, and any notice so given shall be sufficient notice to all the joint holders. 98. Any notice or document delivered or sent by post to or left Tim? for at the registered address of any stockholder in pursuance of the rules service* shall, notwithstanding that such stockholder be then dead or bankrupt and whether or not the Authority had notice of his death or bankruptcy be deemed to have been duly served and such service shall for all purposes be deemed sufficient service of such notice or document on all persons interested (whether jointly with or as claiming through or under him) in any stock. Secrecy. 99. Every member, deputy member, associate member, Secretary, Declaration officer, auditor and servant of and any other person engaged or employed of secrecy, on the business of the Authority shall before entering on his duties sign a declaration (if required by the Board) pledging himself to observe strict secrecy respecting the affairs of the Authority and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge under the discharge of his duties, except if required so to do by the Board or by a Court of law or except so far as may be necessary to comply with any of the provisions in the Act contained. Indemnity. * 100. Every member, deputy member, associate member, Manager, indemnity Secretary, officer and servant of the Authority shall be indemnified out of the funds of the Authority against and it shall be the duty of the Board out of the funds of the Authority to pay all costs, charges, 152 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, losses, damages and expenses including travelling expenses which they shall respectively incur or be put to in the execution of their respective offices or by reason or on account of any contract, act, deed, matter or thing which is made, done, permitted, entered into or executed by any of them respectively on behalf of or bond fide in the interests of the Authority and any such member, deputy member, associate member, Manager, Secretary or other officer or servant shall be chargeable only for so much as he actually receives and they respectively shall not be answerable for the acts, receipts, neglects or defaults of each other but each of them for his own acts, receipts, defaults or neglects only nor shall they respectively be answerable for any banker, broker, collector or other person appointed by the Board with whom or into whose hands any property or moneys of the Authority is deposited or comes nor for the insufficiency of any title to the estate or property which is purchased by order of the Board nor for any loss or damage which may happen in the execution of their respective duties unless the same happens through their own respective wilful neglect or default. Second SECOND SCHEDULE. Schedule. An Agreement made the day of • 1952 between The State of Queensland of the one part and The Southern Electric Authority of Queensland a body corporate constituted as a public authority (being an electric authority) by and under the provisions of *“The Southern Electric Authority of Queensland Act of 1952,” of the other part whereby it is agreed as follows : Interpreta 1. In this Agreement unless the context otherwise requires, the tion and several terms following shall have the following meanings respectively definitions. assigned to them : “ The Act ” means “ The Southern Electric Authority of Queensland Act of 1952.” “ Capital ” means any sums borrowed or otherwise owing by the Authority upon which interest is paid or payable and includes the amount of any variable interest stock, debentures and inscribed stock. Words having a defined meaning under the Act or the Constitution and Rules shall have the same meaning in the Agreement. . Area of 2; (1.) The area of supply in which the Authority is authorised supply. to supply electricity shall be the area defined in the First Schedule to this Agreement. (2.) The said area is divided into Division 1 and Division 2 as shown in the said First Schedule. (3.) The number of divisions into which the area of supply is divided and the area of the divisions may be from time to time altered by agreement between the Commission and the Authority. * This Act. ELECTRICITY. 153 Second 1952. Southern Electric Authority of Queensland Act. schedule. (4.) The area of supply may from time to time be altered or varied by the Governor in Council by Order in Council under the provisions of the Act in accordance with the provisions of this Agreement. (5.) Any area outside the State of Queensland may by agreement between the Minister and the Authority be included in the area of supply and in any division thereof. (6.) The electric lines of the Authority may traverse the routes outside the area of supply described in the Second Schedule hereto and the Authority may construct and use electric lines traversing such routes and any other routes approved by the Commission pursuant to the Act. 3. (1.) The Governor in Council may by Order in Council under Alteration the Act alter the area of supply of the Authority by deleting therefrom of area of any area in which no supply of electricity is given. supply. (2.) In any case where : Adjustment (a) The area of supply of the Authority is contiguous with boundaries. any region or the area of supply of any electric authority ; and (b) The Governor in Council upon the recommendation of the Commission is satisfied that, in order to ensure the efficient and economic supply of electricity to the consumers within some part or parts of the area of supply of the Authority or of any such region or of the area of supply of any such electric authority, it is necessary or advisable to adjust the boundaries thereof as hereinafter provided, the Governor in Council, upon the recommendation of the Commission and with the consent in writing of the Authority, may alter the area of supply of the Authority and the boundaries of such region or the area of supply of such electric authority— (i.) By excluding from the area of supply of the Authority such part or parts and by transferring the same to and including the same in such region or the area of supply of such electric authority as the case may be, and thereupon, unless otherwise agreed between the parties concerned, all electric lines and works of the Authority within such part or parts exclusively required for the supply of electricity within such part or parts shall be divested from the Authority and transferred to and vested in the Regional Board for such region or such electric authority as the case may be and such Regional Board or electric authority as the case may be shall pay to the Authority compensation as hereinafter provided; or (ii.) By excluding from such region or the area of supply of such electric authority such part or parts and by transferring the same to and including the same in the area of supply of the Authority and thereupon, unless otherwise agreed between the parties concerned, all electric lines and works of such Regional Board or electric authority as the case may be within such part or parts exclusively required for the 154 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, purpose of the supply of electricity within such part or parts shall be divested from such Regional Board or electric authority and transferred to and vested in the Authority and the Authority shall pay to such Regional Board or electric authority as the case may be compensation as hereinafter provided. (3.) The compensation to be paid as hereinbefore provided shall be the sum of— (a) The depreciated value of any electric lines or works so transferred as aforesaid; and (b) The diminution in value of any other electric lines and works not so transferred as aforesaid as a result of the transfer of such part or parts as aforesaid. The Authority and such Regional Board or electric authority may agree upon the compensation so to be paid. ' In default of agreement the Commission shall determine the compensation so to be paid. (4.) The Authority and such Regional Board or electric authority may agree upon the terms and conditions on which use shall be had by either of any electric lines or works of the other affected by the transfer of such part or parts as aforesaid. In default of agreement, the Commission shall determine such terms and conditions. (5.) No Order in Council made under this section shall prejudice or affect any right, power or authority which has accrued to debenture holders. Not to 4. The Authority shall not without the consent of the Commission transfer without transfer to any other public body, company or person or divest itself consent. of any legal powers given or any legal liabilities imposed by the Act or this Agreement. Maximum 5. (1.) Subject to alteration from time to time in manner provided prices and by this Agreement, the maximum prices which may be charged by methods of charge. the Authority for the supply of electricity within Division 1 shall be the prices set out in the Third Schedule hereto. (2.) Unless and until otherwise agreed between the Commission and the Authority, the maximum prices which may be charged by the Authority for the supply of electricity within Division 2 shall be the same prices as are charged or chargeable within Division 1 for the time being for supply, subject in each case to an addition of ten per cent. (10%). (3.) The methods of charge by the Authority for the time being for general supply throughout the area of supply shall be the same. Alteration 6. (1.) The maximum prices and method of charge shall from time of prices to time be altered in accordance with the provisions of this Agreement. and method of charge. (2.) If the Authority proposes to alter the methods of charge or the prices charged by it, it shall forward to the Commission a notice setting out the alterations which it proposes. ELECTRICITY. 155 Second 1952. Southern Electric Authority of Queensland Act. Schedule. (3.) If the Commission approves of such alterations or if the Commission and the Authority agree upon other alterations the Commission shall thereupon make a determination altering the prices or methods of charge in accordance with, the provisions of section seventeen of *“ The State Electricity Commission Acts, 1937 to 1952.” (4.) If the Commission does not approve of such alteration or if the Authority and the Commission fail to agree upon other alterations the Commission shall make a determination in accordance with the provisions of this Agreement and the Authority shall at all times thereafter have the same right of appeal to the Industrial Court as in the case of a determination by the Commission under subsection three of section seventeen of *“ The State Electricity Commission Acts, 1937 to 1952.” (5.) Every such determination of the Commission shall be published in the Gazette in accordance with the provisions of section eighteen of *“ The State Electricity Commission Acts, 1937 to 1952.” (6.) Unless otherwise provided in such determination, such altered methods of charge or prices shall be applicable to all electricity consumed after the date of the Gazette in which such determination was published and in applying such altered methods of charge or prices to accounts for electricity consumed before and after such alteration electricity shall be deemed to have been used at a uniform rate between one meter reading and the next. (7.) Notice of such altered methods of charge or prices shall be given by the Authority by advertisement published in one or more papers circulating within the area of supply within seven days from the date of publication in the Gazette of such determination. (8.) Nothing in this clause contained shall prevent the making by the Commission (or the Industrial Court on appeal) of a determination under the provisions of *“ The State Electricity Commission Acts, 1937 to 1952,” in accordance with the provisions of this Agreement. (9.) For the purposes of any determination of prices or methods of charge whether pursuant to a notice by the Authority under subclause (2) of this clause or whether under subsection three or sub section four of section seventeen of *“ The State Electricity Commission Acts, 1937 to 1952,” or otherwise subsection one of section seventeen and section twenty-two of the said Acts and section 41b and the Schedule to t“ The Electric Light and Power Acts, 1896 to 1946,” shall have no application and the Commission and the Industrial Court on appeal shall have no regard to such provisions but shall be guided solely by the provisions of this Agreement and in particular of Clause 7 hereof. (10.) No determination of the prices to be charged in any area outside the State of Queensland shall be made by the Commission except that if any such area pursuant to Agreement between the Minister and the Authority is included in any division in the area of supply the altered prices chargeable for such division may (subject to any other laws applicable in such area outside the State of Queensland) be made applicable in such area. * 1 G. 6 No. 26 and amending Acts, f 60 V. No. 24 and amending Acts. 156 ELECTRICITY. Second ' ------schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Method of 7. The prices to be charged by the Authority for the supply of fmng prices, electricity shall from time to time be altered so as to ensure to the Authority sufficient revenue with all other income and revenue of the Authority, including dividends and interest received from investments— (a) To pay and provide for all costs, interest, expenses, taxes, losses and outgoings incurred or payable by the Authority ; (5) To make provision for depreciation at the rates provided by the Agreement (which provision shall be inclusive of and sufficient to provide contributions to sinking funds) and all other necessary provisions ; (c) To make a contribution to the reserve fund in each year equal to one per cent, of the capital of the Authority at the commencement of such year unless at that time the reserve fund amounts to twelve and one-half per centum (12|%) of the capital of the Authority. Adjustments 8. If in any year the whole of the income and revenue of the to reserve A fund. ^ uthority is greater than the amounts required— (a) To pay and provide for all costs, interest, expenses, losses and outgoings incurred or payable by the Authority ; and (b) To make provision for depreciation at the rates provided by the Agreement (which provision shall be inclusive of and sufficient to provide contributions to sinking funds) and all other necessary provisions, su ch excess shall be transferred to the reserve fund. If in any year th e whole of the income and revenue earned or derived by the Authority is less than such amounts any sums required to make good the deficiency sh all be transferred from the reserve fund. No profits 9. The income and revenue of the Authority shall be applied only to be. m accordance with the provisions of this Agreement and no profits distributed. 0f the Authority shall be distributable to or amongst the members of the Authority or any other persons whatsoever. Variable 10. (1.) The Authority shall issue variable interest stock to the interest holders of the shares in the Company on the proclaimed day in stock. accordance with the Act. " (2.) The Authority with the consent of the Commission, but not otherwise, may issue fully paid V. I. stock in payment for or in part payment for any undertaking or part of any undertaking or other property acquired by the Authority. (3.) The Authority may from time to time borrow money by the issue of further V. I. stock at par to the holders of V. I. stock of the Authority for the time being in the manner provided by the Rules. The holders of V. I. stock for the time being and their nominees or assignees shall have the right to subscribe and pay for V. I. stock issued for borrowing money to an amount not at any time exceeding (with all other V. I. stock issued after the first day of February, one thousand nine hundred and fifty-three) two-thirds of the amount which has been borrowed after the first day of February, one thousand nine hundred and fifty-three by the issue of secured debentures or inscribed stock and which has not been repaid and also, subject to ELECTRICITY. 157 Second 1952. Southern Electric Authority of Queensland Act. Schedule. the consent of the Governor in Council as hereinafter provided, to subscribe and pay for such further V. I. stock as is necessary to enable the Authority to raise capital which it cannot conveniently raise by the issue of secured debentures or inscribed stock. (4.) The Authority, without any consent or permission, other than the consent of the Treasurer directed to be given by section thirty-one of the Act, shall have the right to issue V. I. stock at any time, if at the time the amount of V. I. stock issued after the first day of February, one thousand nine hundred and fifty-three, which has not been repaid (inclusive of the proposed issue) does not exceed two-thirds of the amount which has been borrowed after the first day of February, one thousand nine hundred and fifty-three by the issue of secured debentures or inscribed stock and which has not been repaid. (5.) Except as provided by the Act or by subclause (1) or subclause (4) of this clause Y. I. stock shall not be issued by the Authority except with the consent of the Governor in Council. (6.) Interest shall be payable to the V. I. stockholders upon the amount for the time being paid up on the stock and such interest shall be payable at any branch in Australia of the Bankers of the Authority for the time being free of exchange to the stockholders. (7.) Except as hereinafter provided Y. I. stock shall bear interest at the standard rate. 11. Interest from the first day of August, one thousand nine Interest hundred and fifty-two, to the thirty-first day of January, one thousand nine hundred and fifty-three, inclusive, shall be payable to the holders y. j. stock of variable interest stock issued pursuant to subsection two* of issued section sixteen of the Act to the same amount as such holders would pursuant to have been entitled to receive by way of dividend to the thirty-first Act °f day of January, one thousand nine hundred and fifty-three, upon the * shares held by them in the Company less any amounts received by them by way of dividend. The variable interest stock issued pursuant to subsection two of section sixteen of the Act as aforesaid shall bear interest from and including the first day of February, one thousand nine hundred and fifty-three, to and including the thirtieth day of June, one thousand nine hundred and fifty-three, at the same rate of interest as would have been payable by way of dividend on the ordinary shares of the Company for that period. As from and including the first day of July, one thousand nine hundred and fifty-three, such variable interest stock shall bear interest at the standard rate. 12. (1.) Subject as hereinafter provided, interest at the standard Interest at rate for any year shall be two pounds per centum (£2%) per annum the standard above the effective annual rate of interest (after consideration of any rate* discount or premium and any tax concessions in excess of the present rebate of two shillings (2s.) in the £) payable in respect of the last issue preceding that year of a cash or conversion loan issued by the Commonwealth of Australia not being a short dated loan nor a compulsory loan nor a tax free loan : Provided that if at any time, by reason of additional tax concessions being applicable to interest on Commonwealth loans, the margin between the rate of interest at which debentures or inscribed stock were last issued by the Authority and the rate of interest (after consideration of any discount or premium) 158 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, payable in respect of the cash or conversion loan last issued by the Commonwealth of Australia not being a short dated loan is greater than ten shillings per centum (10s. %) the standard rate of interest for any year shall be not less than one pound ten shillings per centum (£1 10s. %) above the rate of interest at which debentures or inscribed stock were last issued by the Authority preceding that year. (2.) If at any time in consequence of any statutory provision, permission to issue variable interest stock bearing interest at the standard rate has been refused or withheld and if at the end of any year the amount of V. I. stock issued by the Authority is less than the amount to which the Authority has the right to issue V. I. stock under the provisions of sub clause (4) of clause ten hereof the interest payable to the V. I. stockholders for that year shall be increased by the amount of the saving in interest payable by the Authority for that year by reason of its having borrowed moneys by the issue of debentures or inscribed stock in place of the issue of V. I. stock as aforesaid, and the standard rate of interest for that year increased accordingly : Provided that the standard rate of interest for any year shall not be so increased by an amount greater than the rate of one per centum (1%). (3.) If permission to issue V. I. stock has been refused or withheld as aforesaid, the debentures or inscribed stock next issued by the Authority (up to the amount of such proposed issue of V. I. stock) shall be deemed to have been issued in place thereof. If at any time any such debentures or inscribed stock are subsequently converted to a different rate of interest or other debentures or inscribed stock at a different rate of interest are issued in place thereof, such different rate of interest shall be taken into account in arriving at the amount of the saving in interest as aforesaid for any year. (4.) The standard rate of interest shall be calculated to the nearest penny (Id.) per one hundred pounds (£100). Payment of 13. The first payment of interest upon V. I. stock shall be made interest. on the thirty-first day of March, one thousand nine hundred and fifty-three, and shall be in respect of interest from and including the first day of August, one thousand nine hundred and fifty-two, after deducting the amounts (if any) paid by way of dividend or interest for any period from that date. The next payment of interest shall be made on the thirtieth day of June, one thousand nine hundred and fifty-three, and shall be in respect of the period from the first day of February, one thousand nine hundred and fifty- three, to the thirtieth day of June, one thousand nine hundred and fifty-three, inclusive. Thereafter interest shall be payable upon V. I. stock on the thirtieth day of June and the thirty-first day of December in each year commencing with the thirty-first day of December, one thousand nine hundred and fifty-three. Conversion 14. (1.) The Minister upon being directed so to do by the Governor of V. I. in Council upon the recommendation of the Commission and upon stock into inscribed giving at least six months’ notice in writing to the Authority may stock. require the Authority on any one of the days specified in clause fifteen hereof (hereinafter called “ the date of conversion ”) to convert the V. I. stock of the Authority into fully paid secured inscribed stock ELECTRICITY. 159 Second 1952. Southern Electric Authority of Queensland Act. Schedule. bearing interest from the date of conversion at the rate hereinafter provided payable on the thirtieth day of June and the thirty-first day of December in each year. (2.) Subject as provided in subclause (3) hereof: (а) The annual rate of interest to be paid on such inscribed stock shall be equal to the standard rate of interest for the year in which the date of conversion falls. (б) The amount of inscribed stock to be issued to each V. I. stockholder shall be the same amount as the amount paid up on the V. I. stock held by him on the date of conversion (3.) If at any time by reason of any statutory provision or otherwise the Authority does not issue inscribed stock bearing interest at the rate provided in subclause (2) hereof— (а) The Authority shall issue inscribed stock bearing interest at the current rate, that is to say, at the rate at which the secured debentures or stock of the Authority were last issued before the date of conversion or at such lower rate of interest as may be fixed by the Authority and as shall not exceed such maximum rate of interest as may be fixed by law; (б) The amount of inscribed stock to be so issued to each V. I. stockholder will be such amount as will at the rate of interest payable upon such inscribed stock produce annually by way of interest a sum equal to one year’s interest at the standard rate for the year in which the date of conversion falls upon the amount of V. I. stock held by such V. I. stockholder on the date of conversion. The amount of inscribed stock to be so issued shall be calculated to the nearest pound (£). (4.) Such inscribed stock as aforesaid shall be issued by the Authority to each holder of V. I. stock as soon as possible after the date of conversion. (5.) The due repayment of such inscribed stock and the interest thereon shall be charged upon the income and revenue of the Authority and shall be guaranteed by the Governor in Council in accordance with the provisions of the Act. (6.) Unless otherwise agreed between the Commission and the Authority such inscribed stock shall be redeemable on a date being twenty (20) years after the date of conversion with the right to the Authority to redeem such inscribed stock in whole or in part at any time on or after the expiration of fifteen (15) years from the date of conversion. (7.) The term “ inscribed stock ” wheresoever used in this clause shall include debentures and any V. I. stockholder shall have the right to receive bearer debentures or registered debentures instead of inscribed stock. 15. The rights conferred by clause fourteen hereof may be Date of exercised on the thirtieth day of June, one thousand nine hundred conversion* and sixty-eight, and on the thirtieth day of June in such later year or years as the Governor in Council may by Order in Council from 160 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, time to time appoint: Provided always that the date of conversion appointed by any Order in Council shall be a date not more than five years after the date of such Order in Council and that when any date of conversion has been so appointed no earlier date of conversion shall thereafter be appointed. Provisions 16. At any time after inscribed stock has been issued to the after date of conversion. holders of V. I. stock pursuant to the provisions of clause fourteen hereof, the Governor in Council may, by Order in Council, provide that all or any of the members of the Authority shall retire from Office and thereafter all members of the Authority shall be appointed by the Governor in Council by Order in Council or in such other manner as may be provided by the Act or the rules. Consent of 17. (1.) Subject as hereinafter provided the Authority shall at Commission required for all times before acquiring or establishing any lands or works to be acquiring used for the purposes of its undertaking or extending or adding to lands and any existing works so used (whether by way of replacement of any works. existing lands or works) or otherwise shall— (a) Furnish to the Commission a schedule showing details of the lands to be acquired or the works to be established or the additions or expansions to be carried out as the case may be and of the actual amounts estimated to be expended thereon; and (b) Obtain the approval of the Commission thereto. Routine (2.) Unless the Commission shall otherwise direct routine works works. as defined by the regulations may be established or carried out without the prior approval of the Commission. (3.) Routine works shall be established and/or carried out in accordance with the Act and the regulations and by-laws. (4.) The Authority shall furnish returns of routine works in such form and with such particulars as shall be required by the Commission. Deprecia tion. 18. (1.) The Authority shall provide depreciation in respect of the works from time to time forming part of the Authority’s undertaking and shall enter such depreciation in its depreciation register. The works of the Authority shall be grouped in suitable groups for the purpose of calculating depreciation. (2.) Unless otherwise agreed between the Commission and the Authority— (a) The annual depreciation to be provided by the Authority in respect of the works described in the first column of the table of depreciation set out in the fourth schedule hereto shall be the respective rates set out in the second column of the said table of depreciation ; (b) Depreciation shall be so provided until the sum so provided by way of depreciation reduces the book value of the respective works or groups of works to a sum equal to the respective percentage set out in the third column of the said table of depreciation (hereinafter referred to as “ the residual values ”); ELECTRICITY. 161 Second 1952. Southern Electric Authority of Queensland Act. schedule. (c) When the cost price of any such works or groups of works as the case may be has been so reduced by the depreciation to the residual values thereof then subject to subclause (4) hereof the value of such works or groups of works so reduced as aforesaid shall not be further reduced by depreciation and such lastmentioned residual values shall continue to be the values of such works or groups of works as the case may be ; (d) Such percentages as aforesaid shall ordinarily be calculated upon the cost price of works as shown in the depreciation register. (3.) Unless the Commission and the Authority shall otherwise agree, in the case of works acquired by the Authority from the Company or any Regional Board, electric authority or local authority such percentages as aforesaid shall be calculated upon the same amounts as were used by the Company or such Regional Board, local authority or electric authority. (4.) If in any year any of the works of the Authority are disposed of, lost or destroyed and the consideration (if any) received or credited in respect of such disposal, loss or destruction exceeds the depreciated value thereof as shown in the depreciation register the amount of any excess shall be deemed to be part of the revenue of the Authority but if the amount of the consideration (if any) received or credited in respect of such disposal, loss or destruction does not exceed the depreciated value thereof as shown in the depreciation register the amount of any deficiency shall be provided by the Authority out of the revenue derived by it from its undertaking by way of additional depreciation as soon as such revenue permits and whether in the same or any subsequent year or years. 19. (1.) The Authority may from time to time invest moneys in Subsidiary the subsidiary whether by taking up shares in the subsidiary or by company, lending money to the subsidiary or any subsidiary thereof and may guarantee any of the contracts or obligations of the subsidiary or any subsidiary thereof, but the Authority shall not, without the consent of the Minister, invest moneys in the subsidiary for the purpose of any business not being a business of a nature or kind being carried on by the subsidiary or any subsidiary thereof on the proclaimed day. (2.) The Authority shall keep a progressive record from the time of the allotment of any shares in the subsidiary to the Authority or its predecessor, the company, of the following amounts calculated at the end of each year— (а) Interest at the standard rate upon the amount for the time being paid up on all shares held by the Authority in the subsidiary; (б) Interest at the rate agreed upon, or where no rate of interest has been agreed upon, interest at the ruling rate upon the moneys lent by the Authority to the subsidiary; (c) Interest at the ruling rate upon the accumulated deficiency (if any) for the time being. (3.) The Authority shall also keep a progressive record calculated at the end of each year of all amounts received by the Authority from the subsidiary by way of dividend or interest. F 162 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, (4.) If the Authority shall be required to pay any money pursuant to any guarantee given to or in favour of the subsidiary any moneys so paid shall be deemed to have been lent by the Authority to the subsidiary. (5.) The members shall use their best endeavours to ensure that the profits of the subsidiary exceed the total of the amounts specified in subclause (2) hereof. (6.) Except as hereinafter provided, the Authority shall not, without the consent in writing of the Commission, sell or dispose of any shares held by it in the subsidiary. (7.) As soon as is reasonably practicable after the total of the amounts specified in subclause (3) hereof equals or exceeds the total of the amounts specified in subclause (2) hereof, the Authority shall dispose of the whole of the shares held by it in the subsidiary by selling such shares or any of them at a price not less than par and/or distributing such shares or any of them at par in specie amongst the holders of the V. I. stock of the Authority in proportion as nearly as may be to their holding in repayment of V. I. stock equal in amount to the paid up value of the shares so distributed. (8.) The Minister may at any time after the first day of February, one thousand nine hundred and fifty-eight, give notice in writing to the Authority requiring the Authority to distribute the whole of the shares held by the Authority in the subsidiary in accordance with the provisions of subclause nine of this clause. (9.) If notice is given to the authority pursuant to subclause eight of this clause or clause fourteen hereof the Authority shall as soon as is reasonably practicable after the receipt of such notice and in any event before the date of conversion distribute the whole of the shares held by the Authority in the subsidiary at par in specie amongst the holders of the V. I. stock of the Authority in proportion as nearly as may be to their holding in repayment of V. I. stock equal in amount to the paid up value of the shares so distributed plus the amount of the accumulated deficiency (if any) calculated to the nearest pound (£). (10.) The members shall determine all questions arising concerning the disposal, sale and distribution of such shares and the repayment of V. I. stock as aforesaid. (11.) Shares in the subsidiary shall be deemed to have been distributed amongst the V. I. stockholders tvhen the Authority has signed transfers of such shares to the respective V. I. stockholders and has delivered such transfers for registration to the subsidiary. It shall not be necessary for any such transfers to be signed by the respective transferees thereof and the subsidiary shall register such transfers notwithstanding that the same are not signed by the respective transferees thereof. (12.) The V. I. stock of any stockholder shall be deemed to have been repaid as aforesaid when the Authority shall have given to such stockholder notice of the signing of the transfers and of the amount of stock held by him which is so repaid. (13.) The subsidiary shall not without the consent of the Minister, itself or by any subsidiary or its subsidiary engage in any business other than a business of a nature or kind being carried on by ELECTRICITY. —------Second • Schedule 1952. Southern Electric Authority of Queensland Act. the subsidiary or any subsidiary thereof on the proclaimed day. The Authority shall give notice in writing to the Minister of every business being carried on by the subsidiary or any subsidiary thereof on the proclaimed day. (14.) For the purposes of this clause :— {a) “ Subsidiary ” means Queensland Industries Pty. Limited its successors and assigns. (b) The 44 accumulated deficiency ” means the amount by which the cumulative total of the amounts specified in subclause (2) hereof exceeds the cumulative total of the amount specified in subclause (3) hereof. (c) 4 4 Interest at the ruling rate ” for any year means interest at the rate per annum payable upon secured stock or debentures last issued by the Authority. (15.) Any person may be at the same time a member of the Authority and a Director of Queensland Industries Pty. Limited and of any subsidiary thereof either whilst Queensland Industries Pty. Limited is a subsidiary of the Authority or at any time thereafter and no objection shall be raised thereto by any V. I. stockholder or any shareholder of Queensland Industries Pty. Limited or any other person whatsoever. 20. (1.) The following provisions shall apply to such part of the Undertaking undertaking of the Authority as is for the time being outside the outside State of Queensland subject always to the laws of the place in which ^ueens and* the same or any part thereof is situated and to the provisions of the Supply Agreement:— (a) The Authority will observe and obey all of the provisions of the laws of that place and in particular will observe, obey and carry out all the provisions of the Supply Agreement; (b) The supply of electricity by the Authority from or into the State of Queensland will be metered at some point or points on or adjacent to the border of the State or at such other place or places as may be approved by the Commission ; (c) The Authority will not without the consent of the Commission agree to any alteration in the provisions of the Supply Agreement or enter into any new Supply Agreement or obtain the right to extend its undertaking to any new area of supply or to become an electric authority for or to supply electricity in any other area of supply ; (d) The Authority will use its best endeavours to ensure that the net return received by it upon the capital invested in its undertaking outside the State of Queensland equals the net return obtained by it upon the capital invested in its undertaking within the State of Queensland ; (e) The Authority if directed so to do by the Commission will use its best endeavours to cause the terms of the Supply Agreement to be varied to conform to the terms under which the Authority supplies electricity within the State of Queensland ; 164 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, (/) The consent of the Commission will not be required to the doing of any act, the giving of any notice, the signing of any document or writing, the acquisition or sale of any property or the expenditure of any money which the Authority is required to do, sign or expend under the provisions of the Supply Agreement; (g) Save as aforesaid all of the provisions of the Act shall apply to such part of the undertaking of the Authority as is for the time being outside the State of Queensland to the same extent as if the same were within the State of Queensland and formed part of the undertaking of the Authority within the State of Queensland and of the area of supply. (2.) For the purpose of this clause, the term “ Supply Agreement ” means the Agreement dated the sixth day of September, one thousand nine hundred and thirty-eight, between City Electric Light Company Limited and the Council of the Shire of Tweed and every other Agreement and every statutory provision and law under which the Company is authorised to supply electricity outside the State of Queensland or affecting any part of the undertaking of the Authority outside the State of Queensland. Members of 21. (1.) There shall be seven members of the Authority of whom Authority. five shall be elected members and two shall be additional members. (2.) The holders of Y. I. stock for the time being shall from time to time elect members to fill any vacancies occurring among the elected members in accordance with the Rules provided that casual vacancies may be filled by the members in accordance with the Rules. (3.) The Commissioner for Electricity Supply for the time being shall be one of the additional members and the Governor in Council shall appoint as required from time to time the second additional member. (4.) Any member appointed by the Governor in Council may be removed by the Governor in Council at any time. (5.) If at any time there shall be a casual vacancy among the elected members which has not been filled in accordance with the Rules, the Governor in Council may appoint any person to fill the vacancy and the person so appointed to fill the vacancy shall retain office until the vacancy is filled by the appointment of an elected member in accordance with the Rules. Executed the day and year aforesaid. Signed by of the State of Queensland for and on behalf of V the said State in the presence of: J The seal of the Southern Electric Authority oY Queensland was hereunto affixed pursuant to a resolution of the Board in the presence of > a member thereof and of Secretary: ^ Member. Secretary. ELECTRICITY. 165 First 1952. Southern Electric Authority of Queensland Act. Schedule. FIRST SCHEDULE. Area of Supply. Division 1. The area which lies within an imaginary line commencing at the confluence of Breakfast Creek with the Brisbane River, and bounded thence by the old course of that creek coinciding with the boundary of the parish of North Brisbane upstream to the centre line of Clyde Road, Kelvin Grove, by the centre line of that road south-east to Biggs Street, by the centre line of that street crossing Herston road south-westerly to the centre line of L’Estrange terrace, by the centre line of that terrace south-westerly to the centre line of the closed section of Victoria Park road, by the centre line of that closed section of Victoria Park road, southerly to the centre line of Victoria Park road, by the centre line of that road south-easterly to the centre line of Ithaca street, by the centre line of that street south-westerly to the centre line of Kelvin Grove road, by the centre line of that road south-easterly to the centre line of Musgrave road, by the centre line of that road north-westerly to the centre line of Hale street, by the centre line of that street south to the centre line of Milton road, by the centre line of that road south-west to the centre line of Boomerang street, by the centre line of that street and crossing the railway south-east to the Brisbane River, thence across the Brisbane River in a south-easterly direction to the right bank, thence by the right bank of the Brisbane River upstream to a point on a line in continuation of the centre line of Cornwall street, thence in an easterly direction by a line being the continuation of the centre line of Cornwall street to Cornwall street, by the centre line of that street easterly to Annerley road, by the centre line of that road south-easterly, crossing the bridge over the South Coast Railway to the centre line of Cornwall street, by the centre line of Cornwall street north-east and east to the south-east corner of Portion 177, Parish of South Brisbane, by the north-eastern boundary of Portion 177, the east boundary of Portion 176, Parish of South Brisbane, to the south-west corner of Subdivision 1 of Portion 108, Parish of Bulimba, thence by the southern boundaries of subdivisions 1 and 2 of Portion 108, the eastern boundary of Subdivision 2 of portion 108 to the north-east corner of Subdivision 2 of Portion 108, thence by a line north-easterly crossing Logan road to the south-eastern corner of Resubdivision 1 of Subdivision 1 of Portion 59, Parish of Bulimba, thence by the eastern boundary of that Subdivision to Norman Creek, by that creek downstream to the confluence of Norman Creek and the Brisbane River, thence by a line north-westerly to the left bank of the Brisbane River, by the left bank of the Brisbane River downstream to the point of commencement. The whole of the property of the Queensland Cement and Lime Company Limited. Division 2. The City of Ipswich. The Shire of Moreton. The Shire of Boonah. The Shire of Laidley. 166 ELECTRICITY. First Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, The Shire of Gatton, including the areas formerly part of the Shire of Gatton and now forming part of the Shire of Cambooya and described as the southern severance of Portion 9, Parish of Colin, and Portions 135 and 148, Parish of East Haldon, but excluding an area now forming part of the Shire of Gatton formerly included in the Shire of Drayton and described as that part of the Shire of Gatton, west of a line commencing on the Shire boundary at the western corner of Portion 106, Parish of Flagstone, thence by the south and west boundaries of Portion 106, the west boundary of Portion 17, the north boundary of Portion 36v, the west boundaries of Portions 36v, 29, 51v and 49v to Flagstone Creek, by that creek upstream to the north-west corner of Portion 141, Parish of Campbell, by the west and south boundaries of Portion 141, south-west and south boundaries of Portion 151, to a point opposite the west boundary of Portion 150, by the west boundary of Portion 150 to Hell Hole Creek, by that creek upstream to the north boundary of Portion IV, Parish of Colin, by the north boundary of Portion IV to the Shire boundary at the north-west corner of that portion. The Shire of Esk, but excluding an area now forming portion of the Shire of Esk, but formerly forming portion of the Shire of Crow’s Nest described as follows :—Commencing at the north corner of Portion 78v at Anduramba Creek, Parish of Anduramba, by that Creek upstream to Portion 2, by the east boundary of that portion, by the south-east and east boundaries of Portions 66v and 67v, by the west boundaries of Portions 70v, 75v and 74v, thence by the north and west boundaries of Reserve R. 168 to the point of commencement. The Somerset Dam Township. Portion of the Shire of Crow’s Nest, formerly parts of the Shire of Highfields and the Shire of Esk, and described as that part of the Shire of Crow’s Nest south of a line commencing on the Shire boundary at the north-west corner of Portion 87v, Parish of Anduramba, thence by the west boundaries of Portions 87v and 88v, the south-east and south-west boundaries of Portions 90v and 41v, south boundary of Portion 40v, south-east and south boundary of Portion 38, Parish of Anduramba, by the east boundaries of Portions 32 and llOv, Parish of Crow’s Nest to the confluence of Crow’s Nest Creek and Perseverance Creek, by Perseverance Creek upstream to the south-east corner of Portion 120, Parish of Crow’s Nest, by the south boundary of Portion 120, the north boundaries of Portions 28v, 25v, 23v and 21v, the west boundaries of Portions 21v and 19v, the north and west boundaries of Portion 20v to the Great Dividing Range, by the Great Dividing Range westwards to its junction with the Crow’s Nest Branch Railway, by the north-east boundaries of Portions 554, 2689, and 124, Parish of Douglas, the east and north boundaries of Portion 104, east boundary of Portion 40v, east and north-west boundaries of Portion 81v, north-west boundary of Portion 40v, north-west and north-east boundaries of Portion 75v, north-east and north boundaries of Subdivision 5 of Portion 1112, north boundary of Subdivision 4, of Portion 1112, east and north boundaries of Subdivision 3 of Portion 1112, north, east and north-west boundaries of Subdivision 2 of Portion 1112, north-west and west boundaries of Subdivision 1 of Portion 1112, north-west boundary of Subdivision 7 ELECTRICITY. 167 First 1952. Southern Electric Authority of Queensland Act. Schedule. of Portion 1112, north-west boundary of Portion 2780, north and north-east boundaries of Portions 3894, 3739 and 4087 to the Shire boundary at the south-east corner of Resubdivision 1 of Subdivision 1 of portion 201, Parish of Douglas. Portion of the City of Toowoomba described as Subdivisions 16, 17, 18, 19 and 19a of Suburban Allotment 18, Parish of Drayton, County of Aubigny, together with portions of the City of Toowoomba formerly included in (a) the Shire of Highfields and (6) the Shire of Gatton and described as follows :—(a) Portion 280, Parish of Taylor and that part of the City of Toowoomba north of a line commencing on the boundary at the north-west corner of Resubdivision 17 of Subdivision 1 of Portion 26, Parish of Toowoomba, thence by the Western Railway Line south-easterly to the north-east corner of Reserve R. 340, Parish of Drayton, by the north and north-east boundaries of Portion 408, Parish of Drayton, the east boundary of Portion 409, the north-east boundaries of Portions 410 and 411 to the Southern and Western Railway, by the railway north-easterly to the north-east boundary of Portion 403, by the north-east boundary of Portion 403, north boundary of Portion 526, north-east boundaries of Portions 527 and 528, north-west boundary of Portion 530 to the north corner of Portion 530, Parish of Drayton ; (6) that part of the City of Toowoomba east of a line commencing on the boundary at the south-east corner of Portion 280, Parish of Taylor, thence by the south boundary of Portion 280, west boundary of Portion 277, north west boundaries of Portions 88, 361,362 and 363, south-west boundaries of Portions 363 and 360, west and south boundaries of Portion 359, Parish of Taylor, to the Shire boundary at the north-west corner of Portion 100, Parish of Flagstone. The Shire of Redlands, but excluding the Parish of Stradbroke comprising the northern end of North Stradbroke Island, Peel Island and other islands. The Shire of Albert, together with an area formerly part of the Shire of Beenleigh and described as that part of the Parish of Minjerriba, south of a line commencing at the junction of the Parishes of Russell, Minjerriba and Boonnahbah, thence easterly across North Stradbroke Island to the South Pacific Ocean. The Shire of Beaudesert. The Town of South Coast. The Shire of Pine. The Shire of Caboolture. The Shire of Kilcoy. The Shire of Landsborough. The Shire of Maroochy. The Shire of Noosa. The Shire of Widgee. The Town of Redcliffe. The City of Gympie. 168 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, SECOND SCHEDULE. Routes of Electric Lines outside the Area of Supply. The area of the following roads and streets and also crossings of property and rivers for the purpose of carrying electric lines, viz. :— Portion of Lytton Road, from Doboy (formerly Doughboy) Creek Bridge to Oxford Street; Oxford Street; Thynne Road, from Lytton Road to Brisbane River ; Junction Road, from Lytton Road to Wynnum Road (formerly New Cleveland Road) ; portion of Wynnum Road (formerly New Cleveland Road), from Creek Road to Norman Bridge; Balmoral Street (formerly Cemetery Road); Queensport Road, from Murarrie Road to Brisbane River ; Murarrie Road, from Queensport Road south-westerly to Creek Road ; Creek Road, from Richmond Road to Murarrie Road ; portion of Richmond Road, from Creek Road to Wynnum Road (formerly New Cleveland Road); Rossiter Street, from Wynnum Road (formerly New Cleveland Road) to Bridgewater Street; Bridgewater Street; Waminda Street (formerly Station Street); across Ernest Street, from Waminda Street to Grenville Street; Grenville Street; Foxton Street from Grenville Street to Blaine Street; Blaine Street; Bennett’s Road, from Balmoral Street (formerly called Cemetery Road) to Cleveland Road; Cleveland Road, from Bennett’s Road to Buranda Bridge (formerly Burnett Bridge); Pembroke Road ; Cornwall Street, from Pembroke Road to the south-east corner of Portion 177, Parish of South Brisbane ; Dansie Street; across Logan Road from Dansie Street to Juliette Street; Juliette Street; Ipswich Road, from Cornwall Street to the boundary of the City of Ipswich. Commencing on the northern boundary of Resubdivision 2 of Subdivision 1 of Portion 11, Parish of Bulimba, County of Stanley, at a point approximately 1-9 chains from Lytton Road, thence proceeding for a distance of 16*66 chains south-west through this Resubdivision to a point on Queensport Road approximately 22*58 chains north of the intersection of Queensport Road and Lytton Road. Railway Terrace from Queensport Road for a distance of approximately 8*79 chains in a westerly direction, thence for a distance of approximately 1*36 chains south through Queensland Government Railways property to Murarrie Road. From a point on Wynnum Road, approximately 1*25 chains west of the intersection of Wynnum Road and Derringer Street, south-westerly for a distance of approximately 14*35 chains across Road Reserve, Lang Street to Rossiter Street. From a point approximately 4*68 chains north-east of the inter section of Rossiter Street and Bridgewater Street to enter Queensland Government Railways property, thence for a distance of approximately 27*42 chains south-west and west along Queensland Government Railways property to Stark Lane, thence for a distance of approxi mately 2*70 chains south along Stark Lane to the intersection of Stark Lane and Richmond Road. ELECTRICITY. 169 Second Schedule, 1952. Southern Electric Authority of Queensland Act. From a point at the intersection of Blaine Street and Agnew Street entering Queensland Government Railways property, thence for a distance of approximately 46*73 chains south-west along the Queensland Government Railways property to Crown Street, thence for a distance of approximately 2*62 chains north-west along Crown Street to the most northerly corner of the Queensland Government Railways property on the western side of Crown Street, for a distance of approximately 29*56 chains south-west along the Queensland Government Railways property to Stanley Street, thence for a distance of approximately 16*0 chains west along Stanley Street to Norman Creek, thence westerly across Norman Creek. Commencing at the boundary of Wynnum Road and Ferry Reserve R. 233, thence through Reserve R. 233, in the Parish of Bulimba to the Brisbane River, thence across the Brisbane River to Brunswick Street, Parish of North Brisbane. Baringa Street; across Thynne Road from Baringa Street to Grosvenor Street; Grosvenor Street; Riding Road from Grosvenor Street to Orchard Street; Orchard Street; Hawthorne Road, from Orchard Street to Uhlmann Street; Uhlmann Street to the Brisbane River, all within the Parish of Bulimba, thence across the Brisbane River from Uhlmann Street, generally in a south-westerly direction to the property of the Brisbane City Council at New Farm, being Subdivision 6 of Section VII of Eastern Suburban Allotment 30> Parish of North Brisbane, County of Stanley. Venner Road ; Hyde Road, from Venner Road to Orsova Road ; Orsova Road ; across the Brisbane River from Orsova Road, Yeronga, Parish of Yeerongpilly to The Esplanade, St. Lucia, Parish of Indooroopilly ; The Esplanade (crossover only) ; through Subdivision 649 of Resubdivision 2 of Subdivision 2 of Portion 21, Parish of Indooroopilly, and thence from that Subdivision along Hawken Drive (formerly Coronation Drive) to Swann Road ; Swann Road, from Hawken Drive (formerly Coronation Drive) to Orchard Terrace ; Orchard Terrace, from Swann Road to Raglan Street; Raglan Street; across Indooroopilly Road from Raglan Street to Todd Street; Todd Street; Kobada Street from Todd Street to McCaul Street; McCaul Street; Carrington Road, from McCaul Street to Ward Street (formerly Pye Street); Ward Street; Clarence Road, from Ward Street to Keating Street; Keating Street; Moggill Road, from Keating Street to Moggill Ferry Road ; Moggill Ferry Road, from Moggill Road to Water Reserve R.489, Parish of Moggill, thence through that Reserve and along Unnamed Road in a westerly direction to the Brisbane River, and also south-westerly through Portion 91, Parish of Moggill to Brisbane River ; across the Brisbane River from both Unnamed Road and Portion 91, Parish of Moggill to Portion 28, Parish of Goodna. From a point on Portion 105, Parish of Goodna on the Eastern Bank of the Brisbane River opposite the South-east corner of Portion 85, Parish of Moggill, thence across the Brisbane River to the South-east corner of Portion 85, Parish of Moggill, thence in a westerly direction along the Unnamed Road abutting on the southern boundary of Portion 85, Parish of Moggill to the intersection of that 170 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Unnamed Road with Moggill Ferry Road, thence in a northerly direction along Moggill Ferry Road for a distance of approximately 39 chains to enter Reserve R.489, Parish of Moggill and traverse that Reserve in the same direction for a distance of approximately 3*5 chains. Darra Station Road from Ipswich Road to the Queensland Cement and Lime Company Limited’s property. Ormonde Road, Darra ; across Warrender Street and across the property of the Queensland Government Railways into the property of the Queensland Cement and Lime Company Limited, all within the Parish of Oxley. Station Avenue, Darra, commencing at the south-eastern corner of Subdivision A of Portion 128, Parish of Oxley, thence in a north-westerly direction to the northern corner of Subdivision A of Portion 128, thence across Alexandra Road to the south-eastern corner of Resubdivision 2 of Subdivision 31 of Portion 345, thence by Unnamed Road in a north-westerly direction to the intersection with Gravel Pit Road at the north-eastern corner of Resubdivision 5 of Subdivision 31 of Portion 345, thence by Gravel Pit Road in a westerly direction to the intersection with Loffs Road, at the eastern corner of Resubdivision 2 of Subdivision 34 of Portion 345, thence by Loffs Road in a north-westerly and westerly direction to the Brisbane River, all within the Parish of Oxley, then continuing in a westerly direction across the Brisbane River to Unnamed Road adjoining the southern boundary of portion 40, Parish of Moggill, thence along this Unnamed Road in a westerly direction and across the south-western corner of Portion 40, to Moggill Ferry Road, all within the Parish of Moggill. Creek Road, between Richmond Road and Cleveland Road (formerly Old Cleveland Road) ; Cleveland Road, between Creek Road and Tingalpa Creek. Lutwyche Road, from Bowen Bridge Road to Roblane Street; Roblane Street; Lutwyche Road, from Roblane Street to Truro Street; Truro Street; Lutwyche Road, from Truro Street to Kedron Brook Bridge. Portion of Gympie Road, between Kedron Brook Bridge and the boundary of the Shire of Pine. Stafford Road, from Gympie Road to Webster Road ; Webster Road, from Stafford Road to Gympie Road ; commencing at a point on the northern side of Brisbane-Gympie Road opposite the eastern alignment of Webster Road to enter Resubdivision 2 of Subdivision 1 of Portion 587 (Marchant Park), thence to traverse Resubdivision 2 of Subdivision 1 of Portion 587 in a north-westerly direction for a distance of 10 chains more or less to cross Ellison Road and rejoin the Brisbane-Gympie Road at a point on the eastern side of Brisbane- Gympie Road opposite the northern alignment of Ellison Road, all within the Parish of Kedron, County of Stanley. ELECTRICITY. 171 Second 1952. Southern Electric Authority of Queensland Act. Schedule* Commencing at a point on the eastern side of Gympie Road situated 4 chains more or less north of the intersection of Telegraph Road and Gympie Road, and proceeding west across Gympie Road to enter Reserve R.952, Parish of Nundah, County of Stanley, at a point on the boundary one chain more or less north of the southern extremity of this reserve, thence for a distance of 6 chains more or less west across Reserve R.952 and Gympie Road to enter Portion 114, Parish of Nundah, County of Stanley, at a point on the boundary 0*1 chains more or less north of the intersection of Gympie Road and Buckle Avenue, thence for a distance of 25-3 chains more or less west through Portion 114 and Portion 116 both of the Parish of Nundah, County of Stanley, thence for a distance of 7-6 chains more or less north-west through Portion 116, Parish of Nundah, County of Stanley, to the Ana Branch of the South Pine River. Commencing at the north-western corner of Resubdivision 1 of Subdivision A of Portion 101, Parish of North Brisbane, County of Stanley, to enter the property of the Commissioner of Railways, thence north-easterly through that property for a distance of 4 chains more or less, thence northerly and north-westerly for a distance of 10*9 chains more or less, thence westerly to the right bank of Enoggera Creek a distance of 1 chain more or less, all within the Parish of North Brisbane, County of Stanley, thence westerly for a distance of 3*5 chains more or less, to cross Enoggera Creek and enter Byrne Street, thence westerly along Byrne Street to Earle Street, a distance of 3‘5 chains more or less ; Earle Street from Byrne Street to Federation Street; Federation Street, from Earle Street to Lutwyche Road. Commencing at Lutwyche Road at its junction with Nicholas Street, in the Parish of Enoggera, County of Stanley, thence by Nicholas Street to Victoria Street; Victoria Street from Nicholas Street to Newmarket Road; across Newmarket Road to enter Rosemount Terrace ; Rosemount Terrace from Newmarket Road to Prospect Road, thence north-westerly across Prospect Road to cross the western corner of Subdivision 1 of Resubdivision C of Subdivision 3 of Portion 143, Parish of Enoggera, County of Stanley and enter the property of Queensland Government Railways, thence north-westerly across that property to enter Resubdivision 2 of Subdivision 2 of Resubdivision A of Subdivision 3 of Portion 143 and traverse that property and Resubdivision 5 of Subdivision A of Resubdivision 2 of Subdivision 2 of Resubdivision A of Subdivision 3 of Portion 143, both within the Parish of Enoggera, County of Stanley, in a north-westerly direction to enter Hooker Street, thence northerly by that street to Constitution Road ; Constitution Road from Hooker Street to Brook Street; Brook Street from Constitution Road to Kedron Brook, all within the Parish of Enoggera, County of Stanley, thence across Kedron Brook to enter and traverse in a north-westerly direction Subdivision 132 of Portion 6, Parish of Kedron, County of Stanley to enter Tindal Street, thence westerly by that Street to Gordon Street; Gordon Street from Tindal Street to Stafford Road, all within the Parish of Kedron, County of Stanley. Clarence Road from Stafford Road to Broughton Road; Broughton Road from Clarence Road to Gympie Road. 172 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Murphy Road from Gympie Road to North Coast Railway Line ; across Railway line at Zillmere ; Hanford Road from Railway Line to Roghan Road; Roghan Road from Hanford Road to Norris Road ; Norris Road from Roghan Road to Bald Hills Road ; Bald Hills Road from Norris Road to Wyampa Road; Wyampa Road from Bald Hills Road to Water Reserve R.154, Parish of Nundah ; through Reserve R.154, thence along Unnamed Road and through Recreation Reserve R.1166 to Pine River; across Pine River to Unnamed Road abutting on the south-east boundary of Portion 4, Parish of Redcliffe. Commencing at the South-eastern boundary of Resubdivision 1 of Subdivision 1 of Portion 11, Parish of Bulimba, County of Stanley, at a point on the boundary of Lytton Road, 11 *76 chains from Doboy Creek by such boundary, thence for a distance of 17*39 chains bearing 120 degrees across Lytton Road to enter Subdivision A of Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, thence for a distance of 21*42 chains bearing 140 degrees through above property to enter Resubdivision 1 of Subdivision 2 of Resubdivision A of Subdivision 2 of Portion 12, Parish of Bulimba, thence for a distance of 22*00 chains bearing 155 degrees 30 minutes through the above property to cross Cleveland Branch Railway Line at a point 1*73 chains east of Doboy Railway Station property, thence through Subdivision 2 of Resubdivision C of Subdivision 2 of Portion 12, Parish of Bulimba, cross Bulimba Creek, Subdivision 1 of Portion 7, Parish of Tingalpa and recross Bulimba Creek to enter Subdivision A of Resubdivision C of Subdivision 2 of Portion 13, Parish of Bulimba, thence for a distance of 89*05 chains bearing 167 degrees 30 minutes through above property and Resubdivisions 1 and 3 of Subdivision 2 of Resubdivision 2 of Subdivision C of Portion 14, Parish of Bulimba to cross Bulimba Creek, thence through Resubdivision 6 of Subdivisions 1 and 2 of Portion 50, Parish of Tingalpa, and Portion 49, Parish of Tingalpa, to Cross Wynnum Road and enter Resubdivision 3 of Subdivision 2 of Portion 164, Parish of Tingalpa, thence for a distance of 97*74 chains bearing 178 degrees 30 minutes through Portions 166 and 167, Parish of Tingalpa, across Burstall Road, through Portion 168, Parish of Tingalpa, all County of Stanley to Bulimba Creek ; cross Bulimba Creek, thence through Reserve R.726, Parish of Bulimba and Subdivisions 13 and 14 of Portion 134, Parish of Bulimba, and Subdivisions 21, 39, 38 and 37 of Portion 134 to enter Subdivision 36 of Portion 134, all Parish of Bulimba, thence for a distance of 100*09 chains bearing 182 degrees 30 minutes through above property, and Subdivision 34 of Portion 134, Parish of Bulimba, cross Meadowlands Road and through Portions 2 and 3, Parish of Bulimba, County of Stanley to cross Bulimba Creek at a point 60 feet west of the eastern boundary of Portion 3, Parish of Bulimba, at a point where the western boundary of Resubdivision 1 of Subdivision 1 of Resubdivision 1 of Subdivision 1 of Portions 2 and 3, Parish of Tingalpa joins Bulimba Creek, thence through Resubdivision 2 of Subdivision 1 of Resubdivision 1 of Subdivision 1 of Portions 2 and 3, Parish of Tingalpa to cross Old Cleveland Road, thence through Subdivision 2 of Portions 2 and 3 and Portion 283 to enter Portion 284, all Parish of Tingalpa, thence for a distance of 86 chains bearing 176 degrees through the above property to cross Weekes Road and Portions 285, ELECTRICITY. 173 Second 1952. Southern Electric Authority of Queensland Act. Schedule. 286 and 287, Subdivision 1 of Portion 288, Subdivision 1 of Portion 289, all Parish of Tingalpa to cross Pine Hill Road, thence through Subdivision 3 of Portion 292, Portion 293, all Parish of Tingalpa, to cross Cribb Road and enter Subdivision 2 of Portion 297, Parish of Tingalpa, all County of Stanley, thence for a distance of 100*5 chains bearing 181 degrees through above property to cross Bulimba Creek at a point where the western boundary of Portion 267 adjoins that Creek, then through Portion 267 and Portion 266, to cross Wecker Road, thence through Subdivisions 1 and 2 of Portion 321 to enter Portion 320, all Parish of Bulimba, County of Stanley, thence for a distance of 135*1 chains bearing 191 degrees through the above property to cross Broadwater Road, thence through Subdivisions 16 and 15 of Portion 350, Parish of Bulimba, to cross Wishart Road, thence through Subdivisions 17, 16, 15, 14 and 13 of Portion 349 and Subdivisions 2, 3 and 4 of Portion 348, all Parish of Bulimba to cross Old Ipswich-Cleveland Road at the western boundary of the intersection of Greenwood Road with Old Ipswich-Cleveland Road, thence through Subdivisions 1, 2 and 3 of Portion 359 and Subdivision 12 of Portion 360, all Parish of Bulimba, to cross Bulimba Creek and enter Portion 367, Parish of Bulimba, all County of Stanley, thence for a distance of 98-4 chains bearing 215 degrees through Portion 366, across Holmemead Road, through Portion 372, all Parish of Bulimba, County of Stanley, to cross Main South Coast Road and enter Portion 295a, Parish of Yeerongpilly, County of Stanley, thence across Portion 295a to meet the centre line of Waragil Road where it terminates on the above property, thence across Subdivisions 7, 8 and 9 of Portion 168a to cross Bleasley Road, thence to traverse Resubdivision A (Easement) of Subdivisions 52-56 and 93-97 of Portion 168a, all Parish of Yeerongpilly, County of Stanley, to cross Padstow Road, thence across Portion 47, and Resubdivisions 1 and 2 of Subdivision 13 of Portion 15, Parish of Yeerongpilly, to cross Malbon Street and to enter Subdivision 6 of Portion 15, Parish of Yeerongpilly, all County of Stanley, thence for a distance of 50*09 chains bearing 227 degrees through Subdivisions 7 and 8 of Portion 15, and Subdivisions 2 and 1 of Portion 14, to enter Resubdivision 16 of Subdivision 2 of Portion 13, all Parish of Yeerongpilly, County of Stanley, thence for a distance of 44*41 chains bearing 207 degrees 30 minutes through above property and Resubdivisions 15, 14 and 13 of Subdivision 2 of Portion 13, all Parish of Yeerongpilly, County of Stanley, to cross Daw Road, thence through the balance of Portion 33a, to cross Robert Street, to traverse Resubdivision A (Easement) of Subdivision 14 and Subdivision A (Easement) of Resubdivisions 4, 6 and 8 of Subdivisions 7, 8, 10 and 13 of Section 6 of Portions 11 and 33a, all Parish of Yeerongpilly, County of Stanley, thence for a distance of 62*77 chains bearing 223 degrees 30 minutes to cross the South Coast Railway and balance of Portion 33a and Subdivision 9 of Section 6 of Portion 33a, to cross Beenleigh Road, thence to traverse Subdivision B (Easement) of Resubdivision 28 of Subdivision 1 of Portion 24, all Parish of Yeerongpilly^, County of Stanley, to cross Resubdivision 2 of Subdivision 15 of Portion 24 and Resubdivision 1 of Subdivision 15 of Portion 24, Resubdivision 3 of Subdivision 15 of Portion 24, Subdivision 5 of Portions 26 and 27, all Parish of Yeerongpilly, County of Stanley, to cross Pinelands Road, thence to traverse Resubdivision A (Easement) of Subdivisions 19, 20, 20a and 21 of Portion 26, Parish of Yeerongpilly, County of Stanley, to cross Unnamed Road and 174 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, through Subdivision 16 of Portions 26 and 27 to enter Subdivision 15 of Portions 26 and 27, thence for a distance of 72 chains bearing 241 degrees through the above property, and Subdivisions 14 and 13 of Portions 26 and 27 to cross Unnamed Road, thence to traverse Resubdivision A (Easement) of Subdivision 29 of Portion 27, Parish of Yeerongpilly, and cross Subdivisions 31a, 31 and 30 of Portion 27,. all Parish of Yeerongpilly, County of Stanley, to cross Hellawell Road at the point where the north-west corner of Resubdivision 1 of Subdivision 1 of Portion 28 meets Hellawell Road, thence through Subdivisions 1 and 2 of Portion 75, and Subdivision 3 of Portion 76, all Parish of Yeerongpilly, County of Stanley, to cross Jackson Road, thence Subdivisions 9 and 7 of Portion 74 and then enter Subdivision 8 of Portion 74, thence for a distance of 116 chains bearing 269 degrees 30 minutes through the above property across Beaudesert Road and Resubdivision 2 of Subdivision 1 of Portion 411a, Subdivision 1 of Resubdivision 3 of Subdivision 2 of Portion 386, and Resubdivision 2 of Subdivision 1 of Portion 386 and Subdivision 2 of Resubdivision 1 of Subdivision 1 of Portion 386, Subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 of Resubdivision 3 of Subdivision 2 of Portion 386, all Parish of Yeerongpilly, County of Stanley, thence across the Brisbane-Sydney Standard Gauge Railway, thence across Resubdivision 1 of Subdivision 2 of Portion 386 to cross Paradise Road and enter Portion 98, all Parish of Yeerongpilly, thence for a distance of 40*39 chains bearing 292 degrees to enter Portion 17, Parish of Yeerongpilly, thence for a distance of 94 chains bearing 280 degrees through the aforesaid property to cross Oxley Creek, Portions 279, 278, Beatty Road, Portion 370 and enter Portion 371, all Parish of Oxley, thence for a distance of 135*9 chains bearing 281 degrees through above property, to cross Blunder Creek at a point where the northern boundary of Portion 261, Parish of Oxley, meets Blunder Creek, thence across Bowhill Road, through Portion 260, across Hanley’s Creek and Portion 51, cross Blunder Road and Resubdivision 1 of Subdivisions 51 and 52 of Portion 358, Resubdivision 2 of Subdivisions 51 and 52 of Portion 358, Subdivisions 50, 55, 56, 73 and 74 of Portion 358, all Parish of Oxley, County of Stanley, to cross Hampton Road, thence through Subdivisions 60 and 59 of Portion 358, and Portion 354, all Parish of Oxley, to cross Freeman Road, thence through Subdivision 7 of Portion 38 to cross Lane, thence through Subdivisions 18 and 17 of Portion 37, all Parish of Oxley, County of Stanley, to cross StovedaJe Road and enter Portion 259, Parish of Oxley, County of Stanley, thence for a distance of 58*33 chains bearing 247 degrees through above property and Portion 257, to cross extension of Harcourt Road through Sections VIII and VII of Portion 256, Portion 255, Portion 254, all Parish of Oxley, County of Stanley, to cross Archerfield Road and enter Resubdivision 1 of Subdivision 2 of Portion 253, Parish of Oxley, County of Stanley, thence for a distance of 28*06 chains bearing 244 degrees through the above property and Resubdivision 2 of Subdivision 2 of Portion 253 and Subdivision 1 of Portion 252, Subdivision 2 of Portion 251 to enter Portion 250, all Parish of Oxley* County of Stanley* thence in a direction bearing 327 degrees 45 minutes for a distance of 34*71 chains through the above property crossing Boundary Road, thence through Portions 249, 223a, all Parish of Oxley, County of Stanley, to cross the Brisbane-Ipswich Road and enter Subdivision B of Portion 140, Parish of Oxley, County of Stanley, at a point 17 feet west of the south-eastern corner of the above property, ELECTRICITY. 175 Second 1952. Southern Electric Authority of Queensland Act. Schedule. thence for a distance of 63-26 chains bearing 336 degrees 30 minutes through Subdivision B of Portion 140, Parish of Oxley, County of Stanley, to cross the Brisbane-Ipswich Railway Line and enter Railway Reserve R.587 at a point 17 feet west of the south-easterly corner of that property, thence through the above property to enter Portion 213, all Parish of Oxley, County of Stanley, thence for a distance of 176-27 chains in a direction bearing 269 degrees through the above property to cross Unnamed Road, thence through Subdivisions 30, 29, 28, 27 and 26 of Portion 345, Parish of Oxley, County of Stanley, to cross Gravel Pit Road, thence through Subdivisions 36, 37 and 38 of Portion 345, Parish of Oxley, County of Stanley, across Unnamed Road, thence through Subdivisions 12 and 46 of Portion 345 to enter Subdivision 13 of Portion 345, Parish of Oxley, County of Stanley, thence for a distance of 46-3 chains bearing 255 degrees through the above property and Subdivisions 14, 15, 16, to enter Subdivision 17 of Portion 345, all Parish of Oxley, County of Stanley, thence for a distance of 15*1 chains bearing 303 degrees across Brisbane River to enter Subdivision 3 of Portion 7, Parish of Moggill, County of Stanley, thence for a distance of 202-3 chains bearing 269 degrees 45 minutes through the above property and Subdivision 1 of Portion 7, Parish of Moggill, to cross Moggill Road at a point 75 feet from the southern alignment of Sugars Road, thence through Portion 159a and Subdivision 3 of Portion 159, all Parish of Moggill, County of Stanley, cross Kangaroo Gully Road, thence through Portions 156 and 155, Parish of Moggill to cross Ferry Road, thence through Portion 63, Parish of Moggill, to the Brisbane River, thence in a westerly direction across the Brisbane River to enter Portion 22, Parish of Chuwar, all County of Stanley. . Commencing at a point on the eastern side of Lytton Road, between points situated 9-7 chains more or less and 15 chains more or less south of Bulimba Creek, and proceeding south-east to enter Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, County of Stanley, at a point on the boundary 13-9 chains more or less south of Bulimba Creek, thence for a distance of 4-54 chains more or less south-east and 12 chains more or less south through Subdivision A of Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, County of Stanley, thence for a distance of 26-97 chains more or less south through Portions 12 and 13, Parish of Bulimba, County of Stanley, thence for a distance of 4-85 chains more or less south through Queensland Government Railways Property, thence for a distance of 39-85 chains more or less south through Portions 13 and 14, Parish of Bulimba, County of Stanley, thence crossing Bulimba Creek, thence for a distance of 6 chains more or less south through Resubdivision 1 of Subdivision A of Portion 52, Parish of Tingalpa, County of Stanley, and across Murarrie Road to enter Resubdivision 2 of Subdivision A of Portion 52, Parish of Bulimba, County of Stanley, at a point 4 chains more or less to the east of Bulimba Creek, thence for a distance of 32-67 chains more or less south through Resubdivision 2 of Subdivision A of Portion 52 and Subdivisions 87 and 92 of Portion 51, Parish of Tingalpa, and across Verdun Street, thence for a distance of 4-42 chains more or less through Subdivisions 13 to 24 of Portion 51, Parish of Tingalpa, County of Stanley, and across Wynnum Road to enter Portion 165, Parish of Tingalpa, County of Stanley, at a point on the boundary 7-80 chains more or less to the east of Bulimba Creek, thence for a 176 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, distance of 24*5 chains more or less south through Portion 165, Parish of Tingalpa, County of Stanley, thence across Bulimba Creek, thence for a distance of 55*24 chains more or less south through Portions 140 and 139, Parish of Bulimba, County of Stanley, and across Fursden Road to enter Portion 146, Parish of Bulimba, County of Stanley, at a point on the boundary 8 chains more or less west of the north eastern corner of Portion 146, thence for a distance of 31*46 chains more or less south through Portions 146 and 147 and Subdivisions 4 and 5 of Portion 148, Parish of Bulimba, County of Stanley, and across Meadowlands Road to enter Subdivision B of Portion 6, Parish of Bulimba, County of Stanley, at a point 16 chains more or less east of the intersection of Meadowlands Road and Creek Road, thence for a distance of 51*21 chains more or less south through Subdivision B and Subdivision A of Portion 6 and Subdivision 1 of Portion 7, Parish of Bulimba, County of Stanley, and across Old Cleveland Road to enter Subdivision 2 of Portion 7, Parish of Bulimba, County of Stanley, at a point on the boundary 4 chains more or less east of the intersection of Creek Road and Old Cleveland Road, thence for a distance of 42*58 chains more or less south through Subdivision 2 of Portion 7, Portion 8, Portion 229a and Portion 230a, Parish of Bulimba, County of Stanley, and across Weekes Road to enter Portion 231a, Parish of Bulimba, County of'Stanley, at a point on the boundary 3 chains more or less east of the intersection of Weekes Road and Creek Road, thence for a distance of 20*91 chains more or less south through Portions 231a and 232a, Parish of Bulimba, County of Stanley, across Creek Road, Road Reserve and Creek Road to enter Portion 233a, Parish of Bulimba, County of Stanley, thence for a distance of 29 chains more or less south through Portions 233a, 234a and 235a, Parish of Bulimba, County of Stanley, and across Pine Hill Road to enter Portion 241a, Parish of Bulimba, County of Stanley, at a point on the boundary 0*5 chains more or less from the intersection of Creek Road and Pine Hill Road, then for a distance of 3 chains more or less south-west through Portion 241a, Parish of Bulimba, County of Stanley, and across Creek Road to enter Portion 240a, Parish of Bulimba, County of Stanley, at a point on the boundary 3*5 chains more or less from the intersection of Creek Road and Pine Hill Road, thence for a distance of 56*45 chains more or less south-west through Portions 240a, 245a and Subdivision 1 of Portion 258, Parish of Bulimba, County of Stanley, and across Cavendish Road, to enter Portion 248a, Parish of Bulimba, County of Stanley, at a point on the boundary 2*5 chains more or less north of the most easterly corner of that portion, thence for a distance of 77*66 chains more or less south-west through Portions 248a and 249a and Resubdivisions 4 and 5 of Subdivision 1 of Portion 198 and Portion 197, all in the Parish of Bulimba, County of Stanley, and across Logan Road to enter Portion 267, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 1 chain more or less north-west of the boundary of portion 267 and Reserve R.1391, thence for a distance of 53*27 chains more or less through Portion 267, Resubdivision 2 of Subdivision 2 of Portion 258, Resubdivision 2 of Subdivision 1 of Portion 258, Parish of Yeerongpilly, County of Stanley, and across Bapaume Road to enter Portion 337, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 10 chains more or less north-west from the intersection of Bapaume Road and Shire Road, thence for a distance of 6*68 chains more or less south-west through Portion 337, ELECTRICITY. 177 Second 1952. Southern Electric Authority of Queensland Act. Schedule. Parish of Yeerongpilly, County of Stanley, and across Messines Ridge Road to enter Portion 338, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 3 chains more or less north of the intersection of Shire Road and Messines Ridge Road, thence for a distance of 4*8 chains more or less south-west through Portion 338, Parish of Yeerongpilly, County of Stanley, and across Shire Road to enter Portion 390, Parish of Yeerongpilly, County of Stanley, thence for a distance of 127*27 chains mor^ or less south-west through Portions 390, 384 and 392, all in the Parish of Yeerongpilly, County of Stanley, and across Orange Grove Road to enter Portion 219, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 10*5 chains more or less south-east of the intersection of Evans Road and Orange Grove Road, thence for a distance of 41*51 chains more or less south-west and west through Portions 219, 220, 215, and 214, Parish of Yeerongpilly, County of Stanley, and across McCarthy Road to enter Portion 213, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 2*5 chains more or less north of Rocky Water Holes Creek, thence for a distance of 21*21 chains more or less west through Portion 213, Portion 212, across Rocky Water Holes Creek, through Subdivisions 431-424, Portion 175 and Portion 176, Parish of Yeerongpilly, County of Stanley, and across Myra Road to enter Subdivision 404 of Portion 175, and Portion 176, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 0*8 chains more or less north of the boundary of Subdivision 404 and Subdivision 403, thence for a distance of 15 chains more or less west and south-west through Subdivision 404, of Portion 175 and Portion 176, across Rocky Water Holes Creek, through Portions 211, 210, Parish of Yeerongpilly, County of Stanley, and across Rocky Water Holes Creek to enter Subdivision 341 of Portion 175, Parish of Yeerongpilly, County of Stanley, at the intersection of Rocky Water Holes Creek and Kellett Road, thence for a distance of 7*73 chains more or less south-west through Subdivisions 341, 340, 339, 336, 335 and 334 of Portion 175, Parish of Yeerongpilly, County of Stanley, to enter Douglas Road at the intersection of that road and a proposed Unnamed Road, thence for a distance of 20 chains more or less south-west along both sides of proposed Unnamed Road, across Railway Parade, through Queensland Government Railways Property to enter Resubdivision 8 of Subdivision 3 of Portion 174, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 0*3 chains more or less north-west from the boundary of Resubdivision 9 and Resubdivision 8, thence for a distance of 18 chains more or less generally west through Resubdivisions 8 to 13 of Subdivision 3 of Portion 174, Parish of Yeerongpilly, County of Stanley, across Beaudesert Road, through Subdivisions 4 to 6 and Subdivisions 19 to 28 of Section 4 of Portion 173, Parish of Yeerongpilly, County of Stanley, across Unnamed Road, through Subdivisions 1 to 4 of Section 3 of Portion 173, Parish of Yeerongpilly, County of Stanley, across Stable Swamp Creek, through Resubdivisions 1 and 2 of Subdivision B of Portion 100a, Parish of Yeerongpilly, County of Stanley, across Stable Swamp Creek to enter Resubdivision 187 of Subdivision 2 of Portion 99a, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 1 chain more of less west of the intersection of Bale Street and Stable Swamp Creek, thence for a distance of 42.42 chains more or less west through Resubdivisions 186 to 189 of Subdivisions 2 and 1 of Portion 99a, Subdivisions 2 and 3 of Portion 98a, across 178 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Stable Swamp Creek and Subdivision 2 of Portion 169, Parish of Yeerongpilly, County of Stanley, and across Ipswich Road to enter Portion 102a at a point on the boundary 11 chains more or less north of Stable Swamp Creek, thence for a distance of 41-5 chains more or less west through Portion 102a, across Stable Swamp Creek, and Portion 97a, both in the Parish of Yeerongpilly, County of Stanley, and across Dunn Road to enter Portion 85a, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 8-11 chains more or less east of the boundary of Portion 85a and Portion 84a, thence for a distance of 47*36 chains more or less west through Portion 84a, Subdivisions A and B of Portion 83, Parish of Yeerongpilly, County of Stanley, and across Donaldson Road to enter Subdivision 2 of Portion 81, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 2 chains more or less south of the boundary between Subdivision 2 of Portion 81 and Portion 82, thence for a distance of 22*58 chains more or less west through Subdivision 2 of Portion 81 and Portion 82, Parish of Yeerongpilly, County of Stanley, and across Oxley Creek to enter Portion 108, Parish of Oxley, County of Stanley, at a point on the boundary 0*2 chains more or less south of the boundary between Portion 108 and Subdivision 3 of Portion 107, Parish of Oxley, County of Stanley, thence for a distance of 40*91 chains more or less west through Portion 108, Subdivisions 1 and 2, of Portion 74, Parish of Oxley, County of Stanley, and across Oxley Road to enter Subdivision 73 of Portion 82, Parish of Oxley, County of Stanley, at the most easterly point of Subdivision 73, thence for a distance of 3*79 chains more or less west through Subdivisions 73, 75 and 76 of Portion 82, Parish of Oxley, County of Stanley, and across Oxley Station Road to enter Subdivision 2 of Portion 73, Parish of Oxley, County of Stanley at a point on the boundary 0*7 chains more or less from the intersection of Oxley Station Road and Englefield Road, thence for a distance of 7*6 chains more or less west and north-west through Subdivision 2, Resubdivisions 130 to 140 of Subdivision 1 of Portion 73, Parish of Oxley, County of Stanley, and across Englefield Road to enter Resubdivision 183 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at the most easterly point of Resubdivision 183, thence for a distance of 11*2 chains more or less north-west through Resubdivisions 183 to 186 and Resubdivisions 194 to 198, of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, and across Mabel Street to enter Resubdivision 177 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at a point 0*5 chains more or less east of the boundary of Resubdivision 176 and Resubdivision 177, thence for a distance of 3 chains more or less west through Resubdivisions 176 to 177 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, and across Moffatt Street to enter Resubdivision 213 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, County of Stanley, at a point 0*8 chains more or less north of the intersection of Moffatt Street and Mabel Street, thence for a distance of 21*21 chains more or less west through Resubdivisions 213 to 219 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Subdivision 11 of Portions 79 and 80, Resubdivision 1 of Subdivision 1 of Portion 79, Parish of Oxley, County of Stanley, and across Douglas Road to enter Resubdivision 2 of Subdivision 1 of Portion 78, Parish of Oxley, County of Stanley, ELECTRICITY. 179 Second 1952. Southern Electric Authority of Queensland Act. Schedule. at a point on the boundary 9*5 chains more or less north of the intersection of Englefield Road and Douglas Road, thence for a distance of 32*58 chains more or less generally west through Resubdivision 1 of Subdivision 1 of Portion 78, Subdivision 3 of Portion 77, thence north-westerly to cross Queensland Government Railways property, thence south westerly to enter and traverse Resubdivision 1 of Subdivision 9 of Portion 76, across Unnamed Road and enter and traverse Subdivisions 4, 6 and 5, of Portion 76, all in the Parish of Oxley, County of Stanley, and cross Duporth Avenue to enter Resubdivision B of Subdivision 1 of Portion 193, Parish of Oxley, County of Stanley, at a point on the boundary 5*5 chains more or less north of the most easterly point of Resubdivision B of Subdivision 1 of Portion 139, Parish of Oxley, County of Stanley, thence for a distance of 32*58 chains more or less south west through Resubdivision B of Subdivision 1 of Portion 193, Subdivisions 1, 2 and 3 of Portions 194 and 195, Parish of Oxley, County of Stanley, and across Cardiff Road to enter Subdivision 57 of Portion 216, Parish of Oxley, County of Stanley, at a point on the boundary 12*5 chains more or less north of the intersection of Cardiff Road and Alexandra Road, thence for a distance of 40*30 chains more or less west through Subdivisions 57, 58, 60, 61 and 62 of Portion 216, Subdivision 64 of Portion 215, Parish of Oxley, County of Stanley, and across Station Road to enter Resubdivision 129 of Subdivisions 31 and 32 of Portion 345, Parish of Oxley, County of Stanley, at a point 0*3 chains more or less south of the intersection of Station Road and Unnamed Road, thence for a distance of 3*8 chains more or less west through Resubdivision 129 of Subdivisions 31 and 32 of Portion 345, Parish of Oxley, County of Stanley, and across Unnamed Road to enter balance of Subdivisions 32 and 33 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 3*33 chains more or less west of the intersection of Unnamed Road and Station Road, thence for a distance of 36*82 chains more or less west through balance of Subdivisions 32 and 33 of Portion 345, Parish of Oxley, County of Stanley, and across Coggs Road to enter Resubdivision 3 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 6*5 chains more or iess north of the boundary of Resubdivision 3 of Subdivision 34 and Resubdivision 1 of Subdivision 34, thence for a distance of 21*06 chains more or less west through Resubdivision 3 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, and across Loffs Road to enter Resubdivision 2 of Subdivision 34 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 3 chains more or less south of the most easterly point, thence for a distance of 15*91 chains more or less west through Resubdivision 2 of Subdivision 34 of Portion 345 and Resubdivision 4 of Subdivision 35 of Portion 345, and across Tyrrell Road to enter Resubdivision 20 of Subdivision 35 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 0*6 chains more or less south of the boundary of Resubdivision 20 of Subdivision 35 of Portion 345 and Resubdivision 22 of Subdivision 35 of Portion 345, thence for a distance of 72*27 chains more or less west through Resubdivision 20 of Subdivision 35 of Portion 345, Subdivisions 41, 40, 39 and 38 of Portion 345, Parish of Oxley, County of Stanley, and across Unnamed Road to enter Subdivision 11 of Portion 345, Parish of Oxley, County of Stanley, at a point on the boundary 4*5 chains more or less south of the boundary of Subdivision 11 of Portion 345 and Subdivision 10 of 180 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Portion 345, thence for a distance of 50*91 chains more or less westerly and north-westerly through Subdivision 11 of Portion 345, Parish of Oxley, County of Stanley, to the left bank of the Brisbane River at a point 8 chains more or less south-east of the boundary of Subdivision 11 of Portion 345 and Subdivision 9 of Portion 345, thence for a distance of 93*18 chains more or less north-westerly across the Brisbane River and through Portions 6, 38, 37, 2, 36 and 1, Parish of Moggill, County of Stanley, and across Moggill Road to enter Portion 17, Parish of Moggill, County of Stanley at a point on the boundary 1 chain more or less south of Pullen Creek, thence for a distance of 89*10 chains more or less north-westerly through Portions 17, 18, 31 and 167, Parish of Moggill, County of Stanley, and across Kangaroo Gully Road to enter Portion 166, Parish of Moggill, County of Stanley, at a point on the boundary 2*2 chains more or less south-east of the intersection of Kangaroo Gully Road and Mount Crosby Road, thence for a distance of 60*61 chains more or less south-westerly through Portion 166 and Resubdivision 2 of Subdivision 13 of Portions 164 and 165, Parish of Moggill, County of Stanley, and across Ferry Road to enter Portion 175, Parish of Moggill, County of Stanley, at a point on the boundary 5*5 chains more or less south of the boundary of Portion 175 and Portion 176, thence for a distance of 44 chains more or less west through Portions 175 and 174, Parish of Moggill, County of Stanley, and across the Brisbane River to enter Portion 23, Parish of Chuwar, County of Stanley, at the most easterly point on the right bank of the Brisbane River. Commencing at a point on the eastern side of Lytton Road between points distant 9*7 chains more or less and 15 chains more or less south of Bulimba Creek and proceeding north-east to enter Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, County of Stanley, at a point on the boundary 10 chains more or less south of Bulimba Creek, thence for a distance of 58 chains more or less generally north-east through Resubdivision A of Subdivision 2 of Portion 11, Parish of Bulimba, across Bulimba Creek, through Subdivision A of Portions 12 and 13, Subdivision B of Portion 12, Subdivisions 1 and 2 of Portion 11, Subdivisions 1 to 18 of Portion 10, Subdivisions 101 to 103 of Portion 9, across Boolarra Street, through Subdivisions 42 to 45 and Subdivisions 73 and 74 of Portion 9, Resubdivision 4a of Subdivision C of Portion 9, across Queensland Government Railway property to enter Resubdivision 5 of Subdivision C of Resubdivision B of Subdivision 1 of Portion 8, all of Parish of Tingalpa, County of Stanley at a point on the boundary 1*3 chains more or less east of Bulimba Creek, thence for a distance of 17*4 chains more or less east through Resubdivision 5 of Subdivision C of Resubdivision B of Subdivision 1 of Portion 8, across Doughboy Parade, through Subdivisions A and B of Resubdivision 2 of Subdivisions 1 and 3 of Portion 6, across Hemmant Road to enter Subdivision 4 of Portion 139, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 11*7 chains more or less north of the intersection of Hemmant Road and Tingalpa Road, thence for a distance of 102*7 chains more or less generally south-east through Subdivisions 4 to 9 of Portion 139, across Youngs Road, through Resubdivisions 89 and 90 of Subdivision B of Portion 140, Subdivisions 36, 71 and 72 of Portion 147, across Foley Road, through Subdivisions 26 to 30 of Portion 147, Resubdivisions 9 and 10 of Subdivisions 7 and 8 of Portion 146, across Fleming Road to enter ELECTRICITY. 181 Second 1952. Southern Electric Authority of Queensland Act. Schedule. Portion 150, all Parish of Tingalpa, County of Stanley, at a point on the boundary 20 chains more or less west of the intersection of Fleming Road and Wynnum Road, thence for a distance of 16 chains more or less south-east through Portion 150, Parish of Tingalpa, County of Stanley, and across Wynnum Road to enter Subdivision 1 of Portion 154, Parish of Tingalpa, County of Stanley, at a point on the boundary 1*5 chains more or less south-west of the intersection of Bognor Street and Wynnum Road, thence for a distance of 51*2 chains more or less generally south through Subdivision 1 of Portion 154, Subdivision 1 of Portion 155, Subdivision 4 of Resubdivision 6 of Subdivision 2 of Portion 155, Resubdivision 5 of Subdivisions 2 and 3 of Portion 155, Subdivisions 2, 3 and 4 of Portion 157, and across Wandall Road to enter Subdivision 2 of Portion 254, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 6 chains more or less north-east of the intersection of New Cleveland Road and Wandall Road, thence for a distance of 91 *5 chains more or less generally south-east through Subdivision 2 of Portion 254, Resubdivisions 10 to 14 of Subdivision A of Portion 257, Subdivision B of Portion 257, Resubdivisions 1 to 3 of Subdivision 2 of Portion 260, across Box Street, through Subdivisions 11 to 14 of Portion 261 and Subdivision 2 of Portion 260, Subdivisions 21 to 23 of Portion 261, Subdivision 10 of Portions 260 and 261, and across New Cleveland Road to enter Subdivision 19 of Portion 267, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 1 chain more or less east of the boundary of Subdivisions 18 and 19 of Portion 267, thence for a distance of 102*6 chains more or less south through Subdivisions 19 and 60 of Portion 267, across Formosa Road, through Subdivisions 94 and 142 of Portion 267, Subdivision 143 of Portion 266, across Grassdale Road, through Subdivisions 179 and 180 of Portion 268, Subdivision 235 of Portions 275 and 276, Subdivision 236 of Portion 275, across London Road, through Subdivisions 276 and 333 of Portions 275 and 276, Subdivisions 275 and 334 of Portion 275, across Boston Road, through Subdivisions 372 and 384 of Portions 275 and 276, Subdivisions 371 and 383a of Portion 275, across Capalaba Road, to enter Subdivisions 1 and 2 of Resubdivision 1 of Subdivision 5 of Portion 336, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 0*5 chains more or less west of the boundary of Subdivisions 1 and 2 of Resubdivision 1 of Subdivision 5 of Portion 336 and Portion 346, thence for a distance of 192 chains more or less generally south through Subdivisions 1, 2 and 5 of Resubdivision 1 of Subdivision 5 of Portion 336, Resubdivision 2 of Subdivision 5 of Portion 336, Subdivisions 7 and 8 of Portion 336, Portion 356, across Prout Road, through Portion 357, and across Ipswich-Cleveland Road to enter Portion 387, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 58 chains more or less east of the boundary of Portion 9v and Portion 387, thence for a distance of 79*2 chains more or less south-east through Portion 387, Portion 385 and across Broadwater Road to enter Portion 372, all of Parish of Tingalpa, County of Stanley, at a point on the boundary 50 chains more or less west from the intersection of Broadwater Road and Unnamed Road, thence for a distance of 202 chains more or less south-east through Portion 372, across Unnamed Road, through Portion 360 and Portion 359, across Unnamed Road, through Portion 372, all of Parish of Tingalpa, County of Stanley, and across Buhot Creek to enter Portion 182 ELECTRICITY. Second Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, 374a, Parish of Redland, County of Stanley at a point on the boundary 1*6 chains more or less south-west from the confluence of Buhot Creek and Tingalpa Creek. Commencing at a point on the Toowoomba-Burnett Highway at Harlaxton between the north-easterly corner of Subdivision 3 of Portion 404 and the south-westerly corner of Resubdivision A of Subdivision 2 of Portion 403, all City of Toowoomba, Parish of Drayton, County of Aubigny, then by that road to cross the southern and western railway lines and thence in a southerly direction by Ruthven Street for a distance of approximately 78 chains to cross North Street and enter Subdivisions 16, 17, 18, 19 and 19a of Suburban Allotment 18, Parish of Drayton, County of Aubigny. Commencing in Portion 287 on the south-west boundary of that Portion at a point approximately 8*91 chains from the termination of the Unnamed Road abutting on the north-western boundary of that Portion, thence for a distance of approximately 10*83 chains bearing 235 degrees to enter Reserve R.595, all Parish of Taylor, County of Churchill, thence for a distance of approximately 37*08 chains bearing 228 degrees 30 minutes and approximately *88 chains bearing 240 degrees to the western boundary of Reserve R. 595 to enter Portion 182, City of Toowoomba, Parish of Drayton, County of Aubigny, at a point approximately 2*94 chains south of the most easterly point of that Portion, thence for a distance of approximately 46*74 chains through Portions 182,181 and 535, all City of Toowoomba, Parish of Drayton, County of Aubigny, to cross Harvey Street, and thence through Portions 535 and 536 to cross McKenzie Street at a point approximately 5*24 chains south of the north-western corner of Portion 536, and traverse Portion 531 to meet the northern boundary of North Street at a point approximately 9*48 chains west of its intersection with McKenzie Street, thence in a westerly direction along North Street to cross Stuart and Ruthven Streets and enter Subdivisions 16, 17, 18, 19 and 19a of Suburban Allotment 18, all City of Toowoomba, Parish of Drayton, County of Aubigny. Commencing at a point on the boundary of Portion 181 and Reserve 595 adjacent to the boundary of Portions 181 and 182, City of Toowoomba, then in a south-westerly direction approximately 26 chains to a point at the extreme eastern end of North Street, thence west along North Street to a point approximately 10 chains west of McKenzie Street. Third THIRD SCHEDULE. Schedule. Part I. Schedule of the maximum prices to be charged by the Authority for supply within Division 1. Consumers have the option, on application in writing, of being charged on any of the tariffs applicable to their installation. A second option of tariff will not be allowed until a period of twelve months shall have elapsed from a previous change of tariff. Only one tariff under any classification may be selected. Per month. Minimum Payments— s. d. Tariffs (E), (G), and (H) ...... 5 0 Other Tariffs ...... 10 0 ELECTRICITY. 183 Third 1952. Southern Electric Authority of Queensland Act. Schedule. (1) Tariff Schedule for General Supply— The following tariffs will apply to all consumers who take, or who, on being so required by the Authority, are prepared to take the whole of their supply at 440/220 volts D.C. and/or 415/240 volts 50 cycle A.C. :— Per Unit. (A) Lighting-Block Rate. Commercial and Industrial— Net. Primary Units— d. Up to and not exceeding 500 units per month and pro rata for other periods ...... 8*5 Secondary Units— Up to and not exceeding 1,500 units per month, and pro rata for other periods ...... 6 Remaining Units ...... 4*5 (E) Lighting—Rebate Rate, Commercial and Industrial— Per Unit. Primary Units— Net. Up to and not exceeding 45 units per kilowatt of d. Maximum Demand per month, and pro rata for other periods ...... 11 Secondary Units— Up to and not exceeding 135 units per kilowatt of Maximum Demand per month, and pro rata for other periods -...... 4*5 Remaining Units ...... 3 Maximum Demand shall be based on a Maximum Demand Indicator reading of not less than 2 amperes. Note.—Alternating Current Maximum Demand calculated at unity Power Factor. (C) Power and Heating—Block Rate, Commercial and Per Unit. Industrial— Net. Primary Units— d. Up to and not exceeding 20 units per month, and pro rata for other periods ...... 4 Next 100 units per month and pro rata for other periods ...... 3*5 Next 500 units per month and pro rata for other periods ...... 3-25 Next 1,000 units per month and pro rata for other periods ...... 2*75 Next 20,000 units per month and pro rata for other periods ...... 2*25 Remaining Units ...... 1*5 184 ELECTRICITY. Third Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, (E) Lighting and Power combined—Domestic— Primary Units— Up to and not exceeding 10 units per Residence or per Flat per month and pro rata for other periods 9 Next 20 units per Residence or per Flat per month, and pro rata for other periods ...... 3-5 Next 150 units per Residence or per Flat per month, and pro rata for other periods ...... 2 Remaining Units ...... 1*4 Per Unit, (F) Lighting and Power combined—Farm— Net. Primary Units— d. Up to and not exceeding 12 units per month, and pro rata for other periods ...... 9 Next 120 units per month, and pro rata for other periods ...... 3*25 Next 500 units per month, and pro rata for other periods ...... 2*75 Remaining Units ...... 2*25 (G) Heating and Steam Raising— (i.) Thermostatically controlled storage" heaters, element not to exceed 60 watts per gallon of heater contents. (ii.) Heating elements of absorption type Primary Units— of refrigerator arranged for manual Up to and not ex or thermostatic heat regulation pro ceeding 30 units per vided— month, and pro rata (a) Not less than 50 per cent, of f for other periods— Maximum load and rating is for l-5d. per unit net. continuous operation. (b) Thermostat where used does not permit of a variation exceeding Remaining Units— 25 per cent, of Maximum load 1.25d. per unit net. rating. (iii.) Steam raising and approved special industrial heating. ^ (H) Lighting and Power combined—Churches, Schools, Per Unit, Halls— Net. Primary Units— d. Up to and not exceeding 500 units per month, and pro rata for other periods ...... 7 Secondary Units— Up to and not exceeding 1,000 units per month, and pro rata for other periods ...... 4-5 Remaining Units ...... 2*5 Alternatively (separately metered)—Commercial Tariffs. ELECTRICITY. 185 Third 1952. Southern Electric Authority of Queensland Act. Schedule. Tariff applicable to churches, free schools, scouts’ and guides’ quarters, schools of art, drill halls, rural halls, and premises where unemployed or poor are gratuitously catered for and/or accommodated. Per Unit. (I) Demonstrating—Electricity Consuming Devices— Net. d. Provided the ordinary lighting and power is wired to and used through separate meters and paid for at Commer cial Tariff ...... 2-75 (2) Tariff Schedule Applicable to Special Conditions of Supply— The following tariffs will apply to those consumers who take or who on being so required by the Authority are prepared to take the whole of their supply at 440/220 volts D.C. and/or 415/240 volts 3 phase 50 cycle A.C. and who notify the Authority of their desire to comply with the conditions hereunder set forth. Conditions of Supply. The consumer shall comply with these and any special conditions that may be necessary in individual cases. The consumer shall when required provide suitable space to be used by the Authority for the purpose of transforming and distributing electrical energy and otherwise for the Authority’s purposes. The Authority shall have the right to lay down therein and/or attach thereto any inward or outward cables. The space shall be clear of obstacles and not require any alterations except those necessary to accommodate the equipment. The Authority shall be at liberty to construct protecting walls or partitions, ventilating ducts, and necessary openings to obtain free access, such access to be available at all times. The entrance shall be large enough to allow the necessary apparatus to be brought in and removed as required. The space shall be of sufficient length, breadth, and height to suit the Authority’s requirements. The tenure of occupation shall be at least twenty-one (21) years irrespective of tariff changes. A nominal rental to be mutually agreed upon and which shall include all rates, taxes, and other charges, will be paid by the Authority to the consumer during such tenure. 186 ELECTRICITY. Third Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Where the lighting consumption and/or demand in actual kilowatts does not exceed ten per cent, of the power consumption and/or demand in actual kilowatts, the lighting will be included at power tariff, otherwise lighting tariff will apply. Per Unit. (J) Lighting—Block Rate Commercial and Industrial— Net. Primary Units— d. Up to and not exceeding 500 units per month, and pro rata for other periods ...... 8*5 Next 1,500 units per month, and pro rata for other periods ...... 6 Next 6,000 units per month, and pro rata for other periods ...... 4-5 Next 12,000 units per month and pro rata for other periods ...... 3-25 Remaining Units ...... 2*25 (K) Lighting—Rebate Rate Commercial and Industrial— Per Unit. Primary Units— 4 Net. Up to and not exceeding 45 units per kilowatt of d. Maximum Demand per month, and pro rata for other periods ...... 11 Secondary Units— Up to and not exceeding 135 units per kilowatt of Maximum Demand per month, and pro rata for other periods ...... 4*5 Remaining Units ...... 3 The maximum number of secondary (4*5d.) units shall be 9,000 per month. Note.—Alternating Current Maximum Demand calculated at unity Power Factor. (L) Power and Heating—Block Rate Commercial and Per Unit. Industrial— Net. Primary Units— d. Up to and not exceeding 20 units per month, and pro rata for other periods ...... 4 Next 100 units per month, and pro rata for other periods ...... 3*5 Next 500 units per month, and pro rata for othei periods ...... 3*25 Next 1,000 units per month, and pro rata for other periods ...... 2*75 Next 9,000 units per month, and pro rata for other periods ...... 2-25 Next 48,000 units per month, and pro rata for other periods ...... 1*5 Remaining Units ...... 1*25 ELECTRICITY. 187 Third Schedule. 1952. Southern Electric Authority of Queensland Act. (N) Heating and Steam Raising— (i.) Thermostatically controlled storage heater element not to exceed 60 watts per gallon of heater contents 1*25 (ii.) Steam raising and approved Special Industrial Heating ...... 1*25 v Minimum payments—10s. per month. Part II. The maximum prices to be charged within Division 2 are the same prices as are charged or chargeable within Division 1 for the time being for supply, subject in each case to an addition of 10 per cent. Part III. Tariffs Applicable to Special Consumers Only. Metered Supply— Brisbane and South Coast Hospitals Board, Gatton Agricultural High School and College, Gympie Hospital Board, Ipswich Hospital Board, and approved one meter Installations— First 500 units, per month, at 7d. per unit net. Next 1,000 units, per month, at 4*5d. per unit net. Next 12,000 units, per month, at 2.5d. per unit net. Next 48,000 units, per month, at 2.25d. per unit net. Remaining units, per month, at 1.5d. per unit net. Plus 10 per cent, in Division 2. Stanley River Works Board, Somerset Dam— All consumption, at 2.25d. per unit net. Railway Department (Railway Station Loading)— 4*5d. per unit net. Plus 10 per cent, in Division 2. Government Buildings, George and William Streets, east of Queen Street— First 10,000 units, per month, at 4*5d. per unit net. Remaining units, per month, at 3-5d. per unit net. Public Lighting (metered)— Brisbane City Council, all consumption at 4*5d. per unit net. Unmetered Supply— Temporary Lighting— 2s. 3d. per amp. per night net. Plus 10 per cent, in Division 2. Brisbane City Council— Transformer 120W.—at £5 17s. per annum net. Transformer 60W.—at £3 6s. per annum net. Transformer 300W.—at £15 5s. per annum net. Department of the Navy— Transformer 150 W.—£7 per annum net. 188 ELECTRICITY. Third Schedule. Southern Electric Authority of Queensland Act. 1 Eliz. II. No. 50, Flood and Beacon Lights— Harbours and Marine Department— Beacons—2-100 CP—At £13 13s. per beacon per annum net; 6-200 CP—At £25 7s. 6d. per beacon per annum net; 5-100 CP—At £10 18s. 9d. per beacon per annum net; 1-250 Watts—At £31 6s. per beacon per annum net. Royal Queensland Yacht Club— Leading Lights 2-100 Watts at £13 13s. per light per annum net. Brisbane City Council— Navigation Lights, Victoria Bridge—7-60 Watts at £4 5s. per light per annum net. Department of Public Works—3-200 CP at £14 per light per annum net. Sewer Gauge—Installations— Brisbane City Council—5 at £2 per gauge per annum net. Safety Zone Lighting— Brisbane City Council— 1 Zone 900W at £4 15s. per month net. 1 Zone 1,200W at £6 5s. per month net. 1 Zone 1,500W at £6 15s. per month net. 1 Zone 1,800W at £9 2s. 6d. per month net. Telephone Cabinets—Lighting— 15-Watt lamp at £1 19s. per annum net. Plus 10 per cent, in Division 2. Warning Signs—Lighting— Metropolitan Fire Brigade Board— 3 Signs at 19s. 6d. per sign per annum net. Brisbane City Council— 1 Sign at £3 5s. per sign per annum net. Main Roads Commission— Jubilee Bridge, Southport— 2-25 watts at £12 10s. per light per annum net. Private Street Lighting— Mr. A. E. Roberts, Ipswich—£15 per annum net. Postmaster-General’s Department— Redland Bay-Russell Island Link at £5 per annum net. Harbours and River Department— Dry Dock— First 600 units, per month, at 3*75d. per unit. Next 1,200 units, per month, at 2-5d. per unit. Remaining units, per month, at l-5d. per unit. Less 10 per cent, discount. Nambour-Yandina Fire Brigade Board— Siren and 25W. Cont. Light—£5 5s. per annum net. The maximum prices to be chargedPart IV.for supply to public lamps shall be as determined by the Commission from time to time in accordance with the provisions of “ The State Electricity Commission Acts, 1937 to 1952.” ELECTRICITY. 189 Fourth 1952. Southern Electric Authority of Queensland Act. Schedule. FOURTH SCHEDULE. Table of Depreciation. First Column. Second Column. Third Column. Rate per centum Percentages of Class of Work. per annum on Original Book Initial Value. Cost. Residual Values. Plant and Machinery—Gene rating Station .. .. 5 10 Plant and Machinery—Sub stations ...... 4 10 Testing instruments .. .. 4 10 Buildings—Other than Residences 2 20 Overhead electric lines and services ...... 2 10 Underground electric lines and services ...... 2 10 Public Lighting ...... 4 10 Meters ...... 4 10 Furniture, fixtures and fittings 5 10 Motors ...... 3 10 Motor vehicles ...... 20 20 Other vehicles ...... 5 10 Electric locomotive .. .. 5 10 Electric equipment .. .. 5 10 Railway tracks and waggons, &c...... 1 10 Land ...... Nil Leases ...... Proportional part Nil of any premium paid. Buildings—Residences .. 3 20 Radio Communication System 10 10 Plant and Equipment—Trading 5 10 Plant and Equipment—Power Driven—Farm .. .. 10 10 Plant and Equipment—Other than Power Driven—Farm 5 10 Water Supply—Farm .. 5 10 Any other works .. .. Rates to be agreed Percentages to be upon between agreed upon be- the Commission tween the Com- and the mission and the Authority Authority