Queensland Act of 1952.”
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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