Legislative Assembly Hansard 1962

Queensland Parliamentary Debates [Hansard] Legislative Assembly WEDNESDAY, 6 JUNE 1962 Electronic reproduction of original hardcopy Queensland Parliamentary Debates ']Legislative Rasembl\? '--~'- ~------ ~~~ SECOND SESSION OF THE THIRTY -SIXTH PARLIAMENT (Third Period) WEDNESDAY, 6 JUNE, 1962 City of Brisbane Market Acts Amend ment Bill. City of Brisbane (North Pine River Under the provisions of the motion for special adjournment agreed to by the House Dam) Bill. on 21 March, 1962, the House met at Police Acts Amendment Bill. 11 a.m. Mr. SPEAKER (Hon. D. E. Nicholson, PAPERS Murrumba) took the chair. The following papers were laid on the table:- ASSENT TO BILLS Regulations under the Public Service Acts, Assent to the following Bills reported by 1922 to 1960. Mr. Speaker:- Orders in Council under the Public Service Swine Compensation Fund Bill. Acts, 1922 to 1960. Main Roads Acts Amendment Bill. Orders in Council under the State Develop Hospitals Acts Amendment Bill. ment and Public Works Organisation Grammar Schools Acts Amendment Bill. Acts, 1938 to 1958. Orders in Council under the State Develop Fire Brigades Acts Amendment Bill. ment and Public Works Organisation Electric Light and Power Acts and Acts, 1938 to 1958, and the Tully Falls Other Acts Amendment Bill. Hydro-Electric Project Act of 1950. Harbours Acts Amendment Bill. Orders in Council under the Schools of Land Tax Acts Amendment Bill. Arts (Winding Up and Transfer) Acts, 1960 to 1961. Land Acts Amendment Bill. Orders in Council under the University of Stock Routes and Rural Lands Queensland Acts, 1909 to 1960. Protection Acts and Another Act Amendment Bill. Proclamation under the State Education Acts, 1875 to 1957. State Housing Acts and Another Act Amendment Bill. Regulation under the Apprentices and Minors Acts, 1929 to 1959. Babinda Sugar Works Act of 1924 Repeal Bill. Regulations under the Traffic Acts, 1949 to 1961. Babinda Township (Lands) Bill. Regulations under the Inspection of Queensland Statutes (1962 Reprint) Bill. Machinery Acts, 1951 to 1960. Local Government (Rateable Value Regulations under the Factories and Shops Adjustment) Bill. Act of 1960. City of Brisbane Town Plan (Extension Regulations under the Inspection of of the Period for Inspection) Bill. Scaffolding Acts, 1915 to 1960. Electrical Workers and Contractors Bill. Regulations under the Weights and Law Reform (Wills) Bill. Measures Acts, 1951 to 1958. Limitation (Persons under Disabilities) Rules under the Inspection of Machinery Bill. Acts, 1951 to 1960. 84 2574 Form of Question [ASSEMBLY] Transport Laws Validation Bill Orders in Council under the Rockhampton, Mr. BURROWS, having given notice of Toowoomba, Warwick and Gatton his question- Public Land Mortgages Act of 1923. ! do not think there is anything facetious Orders in Council under the Criminal in that question. Code. Mr. SPEAKER: Order! The hon. mem Orders in Council under the Queensland ber's first question is the one that is in Law Society Acts, 1952 to 1961. doubt and I simply drew his attention to Orders in Council under the Liquor Acts, the fact that I considered it was facetious. 1912 to 1961. I shall have a close look at it. Regulations under the Auctioneers, Real Estate Agents, Debt Collectors and TRANSPORT LAWS VALIDATION BILL Motor Dealers Acts, 1922 to 1961. INITIATION Regulations under the Liquor Acts, 1912 to 1961. Hon. G. W. W. CHALK (Lockyer Minister for Transport), by leave, without Regulations under the Art Union Regu notice: I move- lation Acts, 1930 to 1956. "That the House will, at its present Orders in Council under the Agricultural sitting, resolve itself into a Committee of Bank (Loans) Act of 1959. the Whole to consider of the desirableness Orders in Council under the Co-operative of introducing a Bill to validate the opera Housing Societies Acts, 1958 to 1961. tion of certain laws relating to transport, Orders in Council under the Explosives and for other incidental purposes." Acts, 1952 to 1961. Motion agreed to. Orders in Council under the Fisheries Acts, 1957 to 1959. INITIATION IN COMMITTEE Orders in Council under the Harbours (The Chairman of Committees, Mr. Taylor, Acts, 1955 to 1959. Clayfield, in the chair.) Orders in Council under the Racing and Hon. G. W. W. CHALK (Lockyer Betting Acts, 1954 to 1961. Minister for Transport) (11.47 a.m.): I Orders in Council under the Stamp Acts, move- 1894 to 1961. "That it is desirable that a Bill be Orders in Council under the Succession introduced to validate the operation of and Probate Duties Acts, 1892 to 1961. certain laws relating to transport, and for other incidental purposes." Regulations under the Harbours Acts, 1955 to 1959. I believe that every member of the Chamber is aware, from newspaper reports and other Regulations under the Racing and Betting sources, of the reason for calling Parlia Acts, 1954 to 1961. ment together for a special session to con Regulations under the Stamp Acts, 1894 sider this validating legislation. However, to 1961. I propose to give the Committee a brief history of the events leading up to it so that Proclamation under the Queensland our records will show the facts as completely Marine Act of 1958. as I can present them. Regulations under the Hospitals Acts, Over the past 30 years the Chamber has 1936 to 1962. passed successive legislative enactments deal Regulations under the State Children Acts, ing with transport and I do not know of 1911 to 1955. any subject that has been more fully debated Orders in Council under the Medical Acts, or one on which we have had so much 1939 to 1958. advice given to hon. members by interested parties or by the public and by members to By-laws No. 890 and 891 under the the Chamber. Railways Acts, 1914 to 1961. I believe it could be claimed that the Orders in Council under the River scrutiny of the Bills that have gone through Improvement Trust Acts, 1940 to 1959. the Chamber has been such that, in the Orders in Council under the Water Acts, words of the saying, it would be more diffi 1926 to 1961. cult for a camel to pass through the eye of a needle than to find a loophole in the legislation. However, that is exactly what FORM OF QUESTION has happened on this occasion. Mr. BURROWS (Port Curtis), having Since the passing of the Transport Act given notice of a question, and proceeding of 1938, and including that Act, each to give notice of a further question- successive measure dealing with transport has included some clauses purporting to Mr. SPEAKER: Order! I trust the hon. deal with water transport. I believe it member is not going to be facetious in this could be said without fear of contradiction question. If he is, I will have to stop it. that, until this case arose, hon. members Transport Laws (6 JUNE] Validation Bill 2575 could have been pardoned for forgetting that It is now history, of course, that the old the Commissioner for Transport had power provisions, in substantially the same form, under the legislation to exercise some control were retained in the Act. I wish to make it over water transport within the confines of quite clear that, in my remarks relating to the inland or coastal waters of the State. The this Bill, I do not propose to endeavour reason is, of. course, that the authority to hold myself out as having any great legal given has never been exercised. The Com knowledge. What I do want to do is to missioner could exercise it only after the try to present to the Chamber during this carriage of passengers and goods upon any debate the clear position as I see it as a particular inland or coastal waters of the member of this Chamber and a Minister of State had been prohibited by due notification the Crown. in the Government Gazette. After prohi I admit that when the Transport Bill bition, it was competent for the Commis sioner to issue licences for this class of was before the House in 1960 I was unaware of the possibile implications in the Imperial transport. The provisions in the Transport Merchant Shipping Act of 1894 in relation Act of 1938 differed from those in the 1946 and 1960 Acts in form only, in that they to this particular Bill. I know now that provided for the declaration of traffic routes Section 736 of that Act sets out certain in respect of water-borne traffic. conditions that are required to be observed by the legislature of any British possession I have been advised that this authority which by Act or Ordinance regulates the has never been exercised-that is, a traffic coasting trade of that British possession. route was never declared or a prohibition Mr. Bennett: You had power to delete ever made. I want to make it quite clear that these were dormant sections of the that section by a specific Act. respective Acts, and no person carrying on Mr. CHALK: I am well aware of that. I water transport within the State has ever have given the hon. member the reason why had his m~vements controlled or restricted, I included it, and I have also stated quite or ever patd fees to the Crown under a clearly that I was unaware of these circum Transport Act. He may have come within stances. As I said, I know now that the scope of some of our marine or port Section 736 of that Act sets out certain Acts, but that is an entirely different matter. conditions that are required to be observed It may well be asked why the present by the legislature of any British possession Government allowed this section to remain which by Act or Ordinance regulates the in the Act if it was more or less a dead coasting trade of that British possession.

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