DOCSLIB.ORG

Legislative Assembly Hansard 1976

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legislative Assembly Hansard 1976 Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 13 APRIL 1976 Electronic reproduction of original hardcopy Papers [13 APRIL 1976} Questions Upon Notice 361~ QUESTIONS UPON NOTICE 1. BUILDING SoCIETY MORTGAGE TRANSFERS Mr. Marginson for Mr. Melloy, pursuant to notice, asked the Minister for Works and Housing- Will he give an assurance that, if mort­ gages are transferred from any of the suspended building societies to another soc­ iety, there will be no cost involved for the mortgagor? TUESDAY, 13 APRIL 1976 Answer:­ Yes. Mr. SPEAKER (Hon. J. E. H. Houghton, Redcliffe) read prayers and took the chair at 2. AUSTRALIAN CONSTITUTIONAL 11 a.m. CONVENTION Mr. Marginson for Mr. Melloy, pursuant ELECTORAL DISTRICTS OF to notice, asked the Deputy Premier and CLAYFIELD AND PORT CURTIS Treasurer- Has Queensland yet paid alJ its due BY-ELECTION DATES contributions and/ or commitments for meetings of the Australian Constitutional Mr. SPEAKER: I inform the House that Convention and, if not, what amounts are the dates in connection with the issue of the outstanding? writs for the election of members to serve in this House for the electoral districts of Clayfield and Port Curtis will be as fol­ Answer:- lows:- Provision for Australian Constitutional Issue of writs-27 April 1976; Convention expenses is provided for in the Date of nominations-4 May 1976; Vote of the Premier's Department. All Polling Day-29 May 1976; accounts received to date from the con­ vention secretariat have been paid and all Return of writs-25 June 1976. other ongoing expenses-for example, air travel of delegates to executive committee meetings are paid by the Premier's Depart­ MEETING OF QUEENSLAND BRANCH ment as such accounts are recorded. I am OF COMMONWEALTH not aware of any accounts on hand for PARLIAMENTARY ASSOCIATION payment at the present juncture. Mr. SPEAKER: I wish to notify honour­ able members that a meeting of the execu­ tive committee of the Queensland Branch of 3. INVESTIGATION INTO PoLICE FORCE the Commonwealth Parliamentary Associa­ tion will be held in my room at 12.30 p.m. Mr. Marginson for Mr. Melloy, pursuant today and that it will be followed by a full to notice, asked the Minister for Police- meeting of members of the branch in this ( 1) In view of his statements on 19 Chamber at 12.45 p.m. The sitting of the January and 20 March 1975, does he still House will be suspended at 12.45 and will approve of, and believe in, the secret resume at the usual time of 2.15 p.m. methods used by the fine squad under Inspector Pitts? PAPERS (2) As it must be assumed, in view of the unanimous judgment handed down by The following papers were laid on the the Full Court and the findings that the table:- prosecution evidence was tainted with Orders in Council under­ illegality and that the evidence was unlaw­ Harbours Act 1955-1972. fully procured by police witnesses who District Courts Act 1967-1972. entirely Jacked credibility, that Inspector Primary Producers' Co-operative Asso­ Pitts and others have conspired, forged ciations Act 1923-1974. documents and even committed perjury, and as these are criminal offences, why Regulations under­ have no charges been made? Liquor Act 1912-1975. ( 3) If the promised investigation is to Hen Quotas Act 1973-1975. proceed, when wilJ the Supreme Court Ordinance under the City of Brisbane Act judge be appointed to conduct it and the 1924-1974. terms of reference be announced? 3620 Questions Upon Notice [13 APRIL 1976] Questions Upon Notice Answers:- 5. CoLOUR OF ROAD MARKINGS FOR (1) I approve of the use of all lawful TRAFFIC methods which will assist in bringing to Mr. Doumany, pursuant to notice, asked justice persons who offend against the the Minister for Local Government and laws of this State. Main Roads- (2) Whilst the judgment may have indi­ In view of the serious traffic hazard cated that the obtaining of evidence for that exists during night hours under wet the prosecution was tainted with illegality, conditions owing to the poor visibility of it cannot be assumed, as suggested, that white road markings, will he examine the police officers concerned were guilty of the efficacy of alternative colours and conspiracy, etc. This aspect will be materials for such markings and, given the included in matters which the New Scot­ availability of a superior system, arrange land Yard detectives will investigate upon for its earliest implementation in the inter­ their return to Queensland. ests of road safety? (3) As previously mentioned in this House, two members of the Queensland Police Force and one ex-member of the Answer:- force have been charged before a court The matter of road markings is under with others on a number of charges of constant review, and the use of raised official corruption. studs on the freeways is a typical innova­ I would direct the honourable member's tion. Road markings meet Australian attention to the provrsrons of section standards and officers of the Main Roads 4A (1) of the Commissions of Inquiry Department are on national committees Acts, which provide that when a commis­ that review colour systems for road mark­ sion of inquiry has been appointed to ings and signs. The latest standards and inquire into a matter and a court is practices are always used. inquiring into that matter or any other matter having a direct or indirect bear­ ing on the inquiry, the court shall have no jurisdiction to and shall not make, con­ 6. PHOSPHATE TREATMENT PLANT, tinue or proceed with that inquiry. SoUTH TOWNSVILLE The pressing of any inquiry prior to Mr. Ahern for Mr. Aikens, pursuant to the determination of the charges, referred notice, asked the Minister for Industrial to could, I feel, only result in the courts' Development, Labour Relations and Con­ having no jurisdiction to determine the sumer Affairs- charges and thereby pervert the true course of justice. I feel sure the honourable As prominent trade union officials in member has no desire to do this. Townsville associated with the A.L.P. have publicly stated that under no circumstances will trade-unionists be allowed to build the phosphate treatment plant at South 4 .. JMPACT OF WAGE RISES ON STATE Townsville, what action will he take or BUDGET can he take to have the plant erected, if Mr. Doumany, pursuant to notice, asked investigations prove beyond any shadow the Deputy Premier and Treasurer- of doubt that no distress, nuisance or incon­ ( 1) What is the impact of wage rises venience will be caused by the plant and on the current State Budget? the Townsville City Council approves of its erection? (2) What is the accumulated percentage increase in average wage levels to date this fiscal year, and has this figure exceeded Answer:- estimates incorporated in the Budget? The Industrial Conciliation and Arbitra­ Answers:- tion Commission is fully empowered under the provisions of the Industrial Concilia­ (1) The estimated cost to Consolidated tion and Arbitration Act to deal with Revenue Fund of award and basic wage disputes between employers, employees increases granted to date in the current and unions. Should the employees of any year is estimated at $69,500,000 for the contractor engaged in the erection of the 1975-76 year. phosphate treatment plant at South (2) The most recent estimates of the Townsville refuse to work on this project, increase in average weekly earnings of then the employer is at liberty to report adult males in Australia for the 12 such dispute to the Industrial Conciliation months ending March 1976 over the 12 and Arbitration Commission under the months to March 1975 is 15 per cent. provisions of section 36 of the Act. How­ The increase in average earnings this finan­ ever, if the existing legal industrial proces­ cial year has been somewhat less than ses prove inappropriate to meet the estimated but, of course, as a consequence situation which the honourable member State revenues from Financial Assistance suggests will arise, then, as in the past, the Grants payments and pay-roll tax are Government will not hesitate to take other reduced proportionately. appropriate action. Questions Upon Notice [13 APRIL 1976] Questions Upon Notice 3621 7. TRAFFIC SIGNALS FOR IPSWICH RoAD AND figures on their investment policy regard­ CHuRCH STREET fJ:NTERSECTION, GooDNA ing home-financing have been largely unsuc­ Mr. Marginson, pursuant to notice, asked cessful because a code of silence has been the Minister for Local Government and adopted as if they have something to Main Roads- hide- When will traffic signals be installed at ( 1) What proportion of funds is invested the dangerous intersection of the Ipswich­ in home loans to policyholders? Brisbane hi~l-tway and Churoh Street, (2) What proportion of funds is invested Goodna? in building societies? (3) What proportion of funds is invested Answer:- in commercial property? Materials for this project are currently ( 4) What is their policy for home­ being assembled and it is anticipated that financing in Queensland? actual work on the signalisation and auxiliary road works will commence in the Answer:- near future-because of the honourable member's representation, obviously. ( 1 to 4) The Queensland Government has no statutory returns that show the information sought and has no power to ask for such information. However, life 8. LAND HELD BY EDUCATION DEPARTMENT offices have a duty to their policyholders IN WOLSTON ELECTORATE to earn the highest possible rate of interest consistent with safety of investment. I 1\'ir. Marginson, pursuant to notice, asked understand that, because of the relatively the Minister for Education and Cultural high costs of administration involved, which Activities- have a very distinct bearing on the net ( 1) What land is held by his department interest return, some offices do not favour for education purposes in the electorate home loans.
Load more

Recommended publications
  • The Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015 No
    Draft Legislation: This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015 No. 93 Draft Order laid before the Scottish Parliament under section 68(2) of the Land and Buildings Transaction Tax (Scotland) Act 2013, for approval by resolution of the Scottish Parliament. DRAFT SCOTTISH STATUTORY INSTRUMENTS 2015 No. LAND AND BUILDINGS TRANSACTION TAX The Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015 Made - - - - 2015 Coming into force - - 1st April 2015 The Scottish Ministers make the following Order in exercise of the powers conferred by section 27(3) of the Land and Buildings Transaction Tax (Scotland) Act 2013(1). In accordance with section 68(2) of that Act a draft of this Order has been laid before and approved by resolution of the Scottish Parliament. Citation and commencement 1.—(1) This Order may be cited as the Land and Buildings Transaction Tax (Addition and Modification of Reliefs) (Scotland) Order 2015. (2) This Order comes into force on 1st April 2015. Addition and modification of reliefs 2.—(1) The Land and Buildings Transaction Tax (Scotland) Act 2013 is amended as follows. (2) In section 27(1) (reliefs)— (a) after “schedule 13 (charities relief)”, insert— “schedule 13A (friendly societies relief), schedule 13B (building societies relief),”; (b) after “schedule 16 (public bodies relief),” insert— “schedule 16A (visiting forces and international military headquarters reliefs), schedule 16B (relief for property accepted in satisfaction of tax), schedule 16C (lighthouses relief).”.
    [Show full text]
  • Co-Operative and Community Benefit Societies Act 2014 Is up to Date with All Changes Known to Be in Force on Or Before 05 October 2018
    Changes to legislation: Co-operative and Community Benefit Societies Act 2014 is up to date with all changes known to be in force on or before 05 October 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Co-operative and Community Benefit Societies Act 2014 2014 CHAPTER 14 An Act to consolidate certain enactments relating to co-operative societies, community benefit societies and other societies registered or treated as registered under the Industrial and Provident Societies Act 1965, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. [14th May 2014] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Annotations: Modifications etc. (not altering text) C1 Act restricted by 1979 c. 34, s. 2(3) (as amended (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 3(3) (with Sch. 5 )) C2 Act modified by 1979 c. 34, s. 31(3) (as amended (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14) , s. 154 , Sch. 4 para. 16(4)(a) (with Sch. 5 2 Co-operative and Community Benefit Societies Act 2014 (c. 14) Part 1 – Registration Document Generated: 2018-10-05 Changes to legislation: Co-operative and Community Benefit Societies Act 2014 is up to date with all changes known to be in force on or before 05 October 2018.
    [Show full text]
  • Banking Act 2009
    Shearman & Sterling LLP has created this consolidated legislation to show the changes HM Treasury proposes to make to U.K. legislation to correct EU law deficiencies in U.K. legislation and ensure that it remains effective after Brexit. Highlight Key As this piece of legislation is amended by two separate statutory instruments, we have differentiated by coloured highlights to show which statutory instrument has introduced a particular amendment. : draft The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations : draft The Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations Banking Act 2009 PART 1 Special Resolution Regime CHAPTER 1 Introduction 1. Overview (1) The purpose of the special resolution regime for banks is to address the situation where all or part of the business of a bank has encountered, or is likely to encounter, financial difficulties. (2) The special resolution regime consists of— (a) the five stabilisation options, (b) the bank insolvency procedure (provided by Part 2), and (c) the bank administration procedure (provided by Part 3). (3) The five "stabilisation options" are— (a) transfer to a private sector purchaser (section 11), (b) transfer to a bridge bank (section 12), Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland. Contains public sector information licensed under the Open Government Licence v3.0. (c) (ba) transfer to an asset management vehicle (section 12ZA), the bail-in option (section 12A), and (d) transfer to temporary public ownership (section 13). (4) Each of the five stabilisation options is achieved through the exercise of one or more of the "stabilisation powers", which are— (za) the resolution instrument powers (sections 12A(2) and 48U to 48W), (5) the share transfer powers (sections 15, 16, 26 to 31 and 85 ), the property transfer powers (sections 33, 41A and 42 to 46), and (c) the third country instrument powers (sections 89H to 89J).
    [Show full text]
  • Principles of Business Law
    Diploma in Business Administration Study Manual PRINCIPLES OF BUSINESS LAW The Association of Business Executives William House • 14 Worple Road • Wimbledon • London • SW19 4DD • United Kingdom Tel: + 44(0)20 8879 1973 • Fax: + 44(0)20 8946 7153 E-mail: [email protected] • www.abeuk.com © Copyright RRC Business Training abc © Copyright under licence to ABE from RRC Business Training All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, electrostatic, mechanical, photocopied or otherwise, without the express permission in writing from The Association of Business Executives. ABE Diploma in Business Administration Study Manual PRINCIPLES OF BUSINESS LAW Contents Study Title Page Unit Syllabus i 1 Nature and Sources of Law 1 Nature of Law 3 Historical Origins 6 Sources of Law 9 The European Community and UK Law: An Overview 13 2 Common Law, Equity and Statute Law 23 Custom 25 Case Law 26 Nature of Equity 32 Application of Principles of Equity 34 Equity and Common Law 36 Classification of Equity 37 Legal and Equitable Rights 38 Nature of Statute Law 39 Interpretation of Statutes 41 Codification and Consolidation 44 Appraisal of Statute Law 45 Delegated Legislation 46 3 The Administration of Justice 49 Organisation of the Courts 50 Administrative Justice 61 Public International Law 64 Judges and Juries 65 Organisation and Role of the Legal Profession 67 4 The Law Relating to Associations 75 The Concept of Corporations 77 Corporations in Law 79 Companies
    [Show full text]
  • Accessibility of Legislation in the Digital Age
    LAW REFORM COMMISSION REPORT ACCESSIBILITY OF LEGISLATION IN THE DIGITAL AGE (LRC 125-2020) (LRC X– YYYY Report Accessibility of Legislation in the Digital Age (LRC 125 – 2020) © Law Reform Commission 2020 Styne House, Upper Hatch Street, Dublin 2, D02 DY27 T. + 353 1 637 7600 E. [email protected] W. http://www.lawreform.ie ISSN 1393-3132 LAW REFORM COMMISSION OF IRELAND About the Law Reform Commission The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission’s principal role is to keep the law under review and to make proposals for reform, in particular, by recommending the enactment of legislation to clarify and modernise the law. Since it was established, the Commission has published over 220 documents (Working Papers, Consultation Papers, Issues Papers and Reports) containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have contributed in a significant way to the development and enactment of reforming legislation. The Commission’s role is carried out primarily under a Programme of Law Reform. The Fifth Programme of Law Reform was prepared by the Commission following broad consultation and discussion. In accordance with the 1975 Act, it was approved by the Government in March 2019 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. The Commission’s Access to Legislation work makes legislation in its current state (as amended rather than as enacted) more easily accessible to the public in three main outputs: the Legislation Directory, Revised Acts and the Classified List of In-Force Legislation.
    [Show full text]
  • HOUSE of LORDS Merits of Statutory Instruments Committee 14Th Report
    HOUSE OF LORDS Merits of Statutory Instruments Committee 14th Report of Session 2008-09 Drawing special attention to: Building Societies (Insolvency and Special Administration) Order 2009 Building Society Special Administration (Scotland) Rules 2009 Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2009 Amendments to Law (Resolution of Dunfermline Building Society) Order 2009 Motor Vehicles (Driving Licences) (Amendment) Regulations 2009 Included for information: Methods for Debating Negative Instruments Ordered to be printed 28 April and published 30 April 2009 London : The Stationery Office Limited £price HL Paper 80 The Select Committee on the Merits of Statutory Instruments The Committee has the following terms of reference: (1) The Committee shall, subject to the exceptions in paragraph (2), consider— (a) every instrument (whether or not a statutory instrument), or draft of an instrument, which is laid before each House of Parliament and upon which proceedings may be, or might have been, taken in either House of Parliament under an Act of Parliament; (b) every proposal which is in the form of a draft of such an instrument and is laid before each House of Parliament under an Act of Parliament, with a view to determining whether or not the special attention of the House should be drawn to it on any of the grounds specified in paragraph (3). (2) The exceptions are— (a) remedial orders, and draft remedial orders, under section 10 of the Human Rights Act 1998; (b) draft orders under sections 14 and 18 of the Legislative and Regulatory Reform Act 2006, and subordinate provisions orders made or proposed to be made under the Regulatory Reform Act 2001; (c) Measures under the Church of England Assembly (Powers) Act 1919 and instruments made, and drafts of instruments to be made, under them.
    [Show full text]
  • Building Societies Act 1986
    BUILDING SOCIETIES ACT 1986 (Edition 2: Amended text as at: 1 April 2013) image © The Stationery Office Wurtzburg & Mills: Building Society Law Wurtzburg & Mills aims to provide the practitioner with a comprehensive treatment of the law relating to building societies. As well as dealing with the constitution and powers of building societies under the Building Societies Act 1986, the book contains a detailed discussion of the regulatory scheme currently in place under the Financial Services and Markets Act 2000 – a discussion which is being, and will continue to be, updated as details emerge of the changed regulatory framework to be put in place under the Financial Services Act 2012, which received Royal Assent in December. Wurtzburg & Mills also contains a full treatment of other areas of law and regulation which affect building societies. These include – • Mortgage law. • Mortgage regulation under MCOB. • The law governing building society shares and deposits. • The various fairness regimes which apply to contracts between building societies and their customers, including the Unfair Terms in Consumer Contracts Regulations 1999, the unfair relationships provisions of the Consumer Credit Act 1974, the FSA’s ‘treating customers fairly’ initiative and the jurisdiction of the Financial Ombudsman Service. • Mergers. • Regimes for dealing with failing and failed societies, including the special resolution regime. Wurtzburg & Mills also contains the updated text of the Building Societies Act 1986 and the delegated legislation made under it. The book is published in a loose leaf format and is kept up to date by the publication of two releases per year. The three joint editors are practising barristers with specialist experience in the law relating to building societies and retail financial services.
    [Show full text]
  • The Bank of England Act 1998, the Charters of the Bank and Related Documents
    The Bank of England Act 1998, the Charters of the Bank and related documents June 2018 BANK OF ENGLAND CONSTITUTIONAL DOCUMENTS Introduction………………………………………………………………..…………………3 Bank of England Act 1694……………………………………………...……………………6 1694 Charter……………………………………………………………….…………………8 Bank Charter Act 1844……………………………………………………………………..10 Bank of England Act 1946……………………………………...…………………………..11 1998 Charter……………………………………………………….………………………..16 Bank of England Act 1998…………………………………………...……………………..19 Financial Services and Markets Act 2000……………………………..…………………..97 Banking Act 2009………………………………………………………….………………119 Financial Services Act 2012………………………………………….……………………121 MOU on resolution planning and financial crisis management……………...…..……133 Orders………………………………………………………………………………………143 3 Introduction INTRODUCTION 1 The constitutions of the Bank of England are largely contained in the following documents and pieces of legislation: - the Bank of England Act 1694 (the ‘1694 Act’); - the Charter of the Bank of England 1694 (the ‘1694 Charter’); - the Bank Charter Act 1844 (the ‘1844 Act’); - the Bank of England Act 1946 (the ‘1946 Act’); - the Charter of the Bank of England 1998 (the ‘1998 Charter’); - the Bank of England Act 1998 (the ‘1998 Act’); - the Financial Services and Markets Act 2000 (the ‘2000 Act’); - the Banking Act 2009 (the ‘2009 Act’) - the Financial Services Act 2012 (the ‘2012 Act’); - the Bank of England and Financial Services Act 2016 (the ‘2016 Act’); and - related Orders. 2 The Memorandum of Understanding on resolution planning and financial crisis management between HM Treasury on the one hand and the Bank and the Prudential Regulation Authority (‘PRA’) on the other, entered into pursuant to the 2012 Act, is also relevant. 3 Copies, or relevant excerpts, of the documents listed above (other than the 2016 Act, which amended the existing legislation) are included in this booklet, amended as appropriate to show what remains in force as at 1 June 2018.
    [Show full text]
  • The Execution of Deeds and Documents by Or on Behalf of Bodies Corporate
    226-224-1 THE LAW COMMISSION THE EXECUTION OF DEEDS AND DOCUMENTS BY OR ON BEHALF OF BODIES CORPORATE CONTENTS Paragraph Page GLOSSARY x PART I: INTRODUCTION Introduction 1.1 1 Background 1.2 1 Our provisional views 1.5 2 Scope of this paper 1.8 2 Arrangement of this paper 1.12 3 Acknowledgements and addendum 1.16 5 PART II: THE LEGAL NATURE AND EFFECT OF A DEED Introduction 2.1 6 Deeds and documents “under hand” 2.2 6 Definition of a deed 2.6 7 The principal features of a deed 2.7 7 Effect of a deed 2.8 8 Consideration 2.8 8 Limitation period - specialties 2.9 9 Other legal effects 2.11 10 When a deed is necessary 2.12 10 Defective deeds 2.16 11 The purpose of formalities for the execution of deeds 2.17 12 PART III: FORMALITIES REQUIRED FOR A DEED Introduction 3.1 14 The present requirements 3.2 14 The “face-value” requirement 3.3 15 Who must execute a deed 3.4 15 Execution “as a deed” 3.6 16 PART IV: EXECUTION BY CORPORATIONS Introduction 4.1 18 Different types of corporation 4.2 18 A general rule 4.3 18 Companies incorporated under the Companies Acts 4.5 19 Section 36A of the Companies Act 1985 4.5 19 The common seal 4.13 22 Official seals and authentication 4.15 23 Unregistered companies within the Companies Act 4.18 24 Corporations outside the Companies Act 4.20 24 Corporations sole 4.25 26 iii Paragraph Page Foreign Corporations 4.28 28 The Foreign Companies (Execution of Documents) Regulations 1994 4.29 28 Foreign corporations outside the Regulations 4.35 30 PART V: DUE EXECUTION Introduction 5.1 31 Corporate capacity and authority
    [Show full text]