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©State of Queensland
QUEENSLAND
THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACTS, 1952 to 1964
and
ORDERS IN COUNCIL, REGULATIONS AND BY-LAWS THEREUNDER
with
INDICES
(Compiled to 30th November, 1965)
Prepared by direction of The Honourable A. T. DBWAR, M.L.A., Minister for Industrial Development TABLE OF CONTENTS
PAGE " THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACTS, 1952 TO 1964" . . 1 ORDERS IN COUNCIL EXTENDING AREA OF SUPPLY OF SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND •• 102, 103 REGULATIONS .• 107 BY-LAWS 110 INDEX TO ACTS 117 INDEX TO REGULATIONS 124 INDEX TO BY-LAWS .. 126 THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND ACTS, 1952 to 1964
Southern Electric Authority of Queensland Act of 1952, 1 Eliz. 2 No. 50 Amended by Southern Electric Authority of Queensland Act Amendment Act of 1954, 3 Eliz. 2 No. 52 Electric Light and Power Acts and Other Acts Amendment Act of 1958, 7 Eliz. 2 No. 59 State Electricity Commission Acts and Other Acts Amendment Act oi 1964, No. 59
An Act to constitute the Southern Electric Authority of Queensland, and for other purposes [Assented to 18 December 1952]
pART I-PRELIMINARY 1. Short title. This Act may be cited as "The Southern Electric Authority of Queensland Act of 1952." Collective title conferred by State Electricity Commission Acts and Other Acts Amendment Act of 1964, No. 59, s. 20 (2). 2. Parts of Act. 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 !-Acquisition by Agreement; Division 11-City Electric Light Company Limited; Division III-Electric Authorities other than Local Authorities; Division IV-Local Authorities; Division V-Toowoomba Electric Light and Power Company Limited;
PART IV-FINANCE AND AccouNTs; Division !-Accounts arid Audit; Division 11-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. As amended by Act of 1954, 3 Eliz. 2 No. 52, s. 2. 2 s.3 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
3. Interpretation and definitions. In this Act unless the context otherwise indicates or requires, the following terms shall have the meanings set against them respectively, that is to say:- "The Agreement" means the Agreement between 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 Authority is for the time being authorised to supply electricity; "Authority" means The Southern Electric Authority of Queensland established, constituted and incorporated by and under this Act; "By-laws" means by-laws made by the Authority under the authority of this Act; "Commission" means The State Electricity Commission of Queensland constituted under "The State Electricity Com mission Acts, 1937 to 1952"; "Commissioner" means the Commissioner for Electricity Supply under "The State Electricity Commission Acts, 1937 to 1952"; "The Company" means City Electric Light Company Limited; ."Construct" includes erect, lay down and place; "Document" includes summons, notice, order and other legal process, minutes and registers; "Electricity" means and includes electric current, electrical energy or any like agency; "Electric authority" means an electric authority under and within the meaning of "The Electric Light and Power Acts, 1896 to 1946"; "Electric line" means and includes a wire or wires, conductor, or other means, used for the purpose of conveying,. transmitting, transforming or distributing electricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket or insulator 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" includes every kind of machine used for measuring electricity; "Minister" means the Secretary for Mines and Immigration or other Minister of the Crown for the time being administering this Act; "Officer" includes a member, Manager or Secretary; "Person" includes any body or association or persons corporate or incorporate and any Local Authority (including Brisbane City Council) and any Friendly Society; "Premises" means any building, structure, land and adjuncts thereto which are rented, leased or owned by the person or persons concerned; "Prescribed" means prescribed by this.Act; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s.3 3
"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" means a region of electricity supply constituted under "The Regional Electric Authorities Acts, 1945 to 1952"; "Regional Board" means a Regional Board constituted under "The Regional Electric Authorities Acts, 1945 to 1952," in respect of any region; "Regulations" mean regulations made under this Act; "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, 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 Schedule to this Act and any rules or regulations made pursuant to such rules; "Statutory corporation" means any corporation, company or person exercising statutory powers over any road or owning or operating any railway, tramway or canal under any statutory powers; "This Act"-The term includes the Agreement and all Proclama tions, Ofders in Council, regulations and by-laws under this Act and for the time being in force; "Toowoomba Company" means the Toowoomba Electric Light and Power Company Limited, a company duly incorporated and registered in the State of Queensland and an electric authority duly authorised to supply electricity pursuant to agreement made on the thirtieth day of November, one thousand nine hundred and thirty-nine, between the Toowoomba company and the Commission (as subsequently amended) and Orders in Council pursuant to the said agree... ment; "Undertaking" includes the works, lands, property and operations incidental to the 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" means unsecured stock bearing a variable rate of interest which the Authority is authorised under this Act to issue; "Works" means and includes electric lines and 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, trans mission, distribution or supply of electricity or otherwise forming part of the undertaking of the Authority; "Year" means the period of time from and including the first day of July in any calendar year to and including the thirtieth day of June in the next succeeding calendar year. 4 ss. 4-7 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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. As amended by Act of 1954, 3 Eliz. 2 No. 52, s. 3. Acts referred to: State Electricity Commission Acts, 1937 to 1965. Electric Light and Power Acts, 1896 to 1965. Regional Electric Authorities Acts, 1945 to 1964. 4. Administration of Act. Subject to the Minister the Commission shall administer this Act.
PART II-CONSTITUTION OF THE AUTHORITY 5. Establishment of Authority. A public authority of the State of _Queensland 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. 6. Authority to be corporation. ( 1) The Authority shall be . a body corporate 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 judiciillly 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. . . ·7. Members of Authority. (1) The first members of the Authority shall ;be:-. Edward Satchwell Cornwall · Harold Hen!y 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 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 8-10 5
8. ( 1) Agreement between Minister and Authority. The Minister is hereby authorised to make, for and on behalf of the State of Queensland, with the Authority the Agreement a copy of which is set out in the Second Schedule to this Act. (2) Proclamation and proclaimed day. Notification of the making of the Agreement shall be given by the Governor in Council by Proclama tion published in the Gazette and by such Proclamation the Governor in Council shall fix a day to be the proclaimed day for the purposes of this Act. (3) Agreement to have force of law. Upon the making of the Agreement and the publication of such Proclamation in the Gazette the 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) Alteration of Agreement. The Agreement may be altered or varied from time to time pursuant to an agreement made between 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 Agree ment not made and approved in such manner shall be void and of no legal effect whatsoever. (5) Amending Agreement to have force of law. Unless and until the Legislative Assembly pursuant to section seventy-nine of this Act disallows by resolution a Proclamation approving an alteration or 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 Iastmentioned Agreement were an enactment of this Act. Proclamation notifying that the Agreement was made on 12 January. 1953. and that the proclaimed day was 1 February 1953, published Gazette 31 January 1953, p. 442. . .
9. Extension of area of supply. (1) The Governor in Council may from time to time by Order in Council extend the area of supply defined in the Agreement to include any other area. (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. See Orders in Council published Gazette 17 October 1953, p. 749 and 8 January 1955, pp. 34-5. (Reprinted at pp. 102 and 103, post.)
PART III-AcQUISITION BY AuTHORITY OF ELECTRIC AUTHORITIES DIVISION I-ACQUISITION BY AGREEMENT 10. Undertakings may be acquired by agreement. The Authority may, with the approval in writing of the Commission, acquire by agreement the undertaking or part of the undertaking of any electric authority. Upon the making of such agreement, the· 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. 6 ss.tl-13 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
DIVISION II-CITY ELECTRIC LIGHT COMPANY LIMITED 11•. Undertaking of Company outside Queensland. The Company, after the making of the Proclamation pursuant to section eight of this Act and not later than the proclaimed day, shall assign and 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.
12. Company to be dissolved: Authority to be successor of Company. On the proclaimed day- ( a) The Company shall cease to be an electric authority; (b) The Agreement made the thirteenth day of July, one thousand nine hundred and thirty-nine, between the Com mission 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; (d) Notwithstanding such dissolution all powers of the Company and of the shareholders and the Directors thereof shall and may be 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) On proclaimed day undertaking to be transferred to Authority. Without affecting the generality of this Act, on the proclaimed day- ( a) The undertaking and assets of the Company within the State of Queensland shall be 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; (b) 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 be enforced as fully and effectually as if the same had been entered into by or on behalf of the Authority; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s.13 7
(c) All debts due and moneys payable by the Company and all claims liquidated or 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; (f) 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 commenecd 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. (2) Retrospective operation of Act. If the proclaimed day shall be after the first day of February, one thousand nine hundred and fifty-three, then as from and including the first day of February, one thousand nine hundred and fifty-three, the Company shall be deemed to have carried on its business and undertaking on behalf of the Authority 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) Registrar of Titles. 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) Secretary for Lands and Secretary for Mines. The Secretary for Public Lands and the Secretary for Mines shall respectively upon the written application of the Authority register or cause the Authority to be registered in respect of the estate or 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 8 ss.14-16 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
·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) H undertaking outside Queensland assigned. If the Company on or before the proclaimed day shall have assigned and transferred to the Authority or such corporation or body as aforesaid the undertaking and assets of the Company outside the State of 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) H undertaking outside Queensland not assigned. If the Company on or before the proclaimed day shall not have assigned and transferred to the Authority or such corporation or body as aforesaid the undertaking ·a~d assets of the Company outside the State of Queensland the provisions of this section shall relate only to so much of the assets and undertaking of .the Company as are within the State of Queensland. 1 . Act referred to: Real Property Acts, 1861 to 1963. 14. Rights of debenture holders protected. Nothing in this Act shall prejudicially affect any security, rights, powers, authorities and remedies of any holder of a bond, debenture, 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. 15. Ratification of payments. All payments of dividends already declared or which may hereafter be declared by the Company in accordance with the provisions of the Agreement made the thirteenth day of July, one thousand iline hundred and thirty-nine, between the Commission and the Company are expressly ratified. 16. Issue of variable interest stock by the Authority. (1) The holders :of shares in the Company, by way of compensation for the loss of their shares in the Company extinguished as aforesaid, shall have 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. I . (2) As soon as possible after the proclaimed day the Authority shall issue to the holders of shares in the Company on the proclaimed pay fully paid variable interest stock of the Authority in manner followjng:- (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; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss.17, 18 9
(c) Variable interest stock of the same nominal value as the fully paid ordinary shares in the Company; and (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) H the Company on or before the proclaimed day shall not have assigned and transferred to the Authority or to such oth~r 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 as 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.
DMSION ill-ELECTRIC AUTHORITIES OTHER THAN LOCAL AUTHORITIES 17. Transfer of undertakings to Authority. The Governor in Council may, upon the sale to him or the acquisition by him for and on .behalf of Her Majesty of the undertaking of any electric authority (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.
DIVISION IV-LOCAL AUTHORITIES 18. Vesting of electricity undertakings of electric authorities iu the Authority. (1) The Governor in Council may from time to time by Order in Council published in the Government Gazette prescribe a date on and after which any specified Local Authority or Local Authorities which is · or are an electric authority or electric authorities for any area or 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 10 s.18 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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 date shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the Authority and may be enforced by or against the Authority accordingly; (f) 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 employ ment) 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 inefficiency or misconduct or for any other cause whatever without payment of 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. ( 4) Indemnity to electric authorities. The Authority shall as from the prescribed date indemnify and keep harmless every Local Authority the undertaking as an electric authority of which is vested in the Authority, SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s.18 11 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 an 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. (8) If any officer or other employee of such Local Authority who becomes an employee of the Authority as aforesaid is entitled to any leave or superannuation 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 shall be 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 investiga tions 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 12 s.19 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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; (iii) 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 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. Acts referred to: Industrial Conciliation and Arbitration Acts, 1932 to 1959, see now Industrial Conciliation and Arbitration Acts, 1961 to 1964. Commission of Inquiry Acts, 1950 to 1954.
19. -Vesting of part of electricity undertaking of electric authorities. ( 1 ) The Governor in Council may from time to time by Order in Council published in the Government Gazette prescribe a date on and after which any specified 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 the Commission. Such amounts shall be paid at such time or times as shall be fixed by the 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss.19A, 19B 13
DIVISION V-TOOWOOMBA ELECTRIC LIGHT AND POWER COMPANY LIMITED 19A. Toowoomba Company to be dissolved; Authority to be successor of Toowoomba Company. On the coming into operation of this section:- ( a) The Toowoomba Company shall cease to be an electric authority; (b) The agreement made on the thirtieth day of November, one thousand nine hundred and thirty-nine, between the Commis sion and the Toowoomba Company (as from time to time amended) and all Orders in Council pursuant to the said agreement shall be cancelled and determined; (c) The Toowoomba Company shall be dissolved; (d) Notwithstanding such dissolution all powers of the Toowoomba Company and of the shareholders and the directors thereof shall and may be exercised by the Authority; (e) The Authority. shall be deemed to be the successor in law of the Toowoomba Company; and (f) The area of supply of the Authority shall be extended to include the area in which the Toowoomba Company was authorised to supply electricity as an electric authority immediately before the coming into operation of this section. Such area of supply may be defined by Order in Council pursuant to section nine of this Act. Headnote and section inserted by Act of 1954, 3 Eliz. 2 No. 52, s. 4.
19B. (1) On coming into operation of section, undertaking of Toowoomba Company to be transferred to Authority. Without affecting the generality of section 19A of this Act, on the day on which this section comes into operation:- ( a) The undertaking and assets of the Toowoomba Company shall be transferred to and vested in the Authority as from and including the first day of July, one thousand nine hundred and fifty-four, and all assets and property, real or personal, moveable or immoveable, and all powers, authorities, amenities, rights, privileges, and functions and all liabilities, obligations, and duties which, immediately before the coming into operation of this section were vested in, exercisable or owing by or imposed or binding upon the Toowoomba 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; (b) All contracts, deeds, bonds, agreements, and other instruments legally made or entered into by or on behalf of the Toowoomba Company or binding upon the Toowoomba Company and in force immediately before the coming into operation of this section 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 Toowoomba Company and may be enforced as fully and effectually as if the sanie had been entered into by or on behalf of the Authority; 14 s.19B SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(c) All debts due and moneys payable by the Toowoomba Company and all claims liquidated or unliquidated recover able against the Toowoomba 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 Toowoomba Company shall be moneys and liquidated and unliquidated claims payable to or recover able by the Authority; (e) Any proceeding which immediately before the coming into operation of this section is pending or existing by or against the Toowoomba Company shall not abate, be discontinued, or in any way prejudicially affected, but may be continued, prosecuted, or be enforced by or against the Authority as it may have been by or against the Toowoomba Company but not further or otherwise; (f) All matters and things of a continuing nature lawfully made, done or commenced before the coming into operation of this section by or on behalf of the Toowoomba Company shall be deemed to have been made, done or commenced by or on behalf of the Authority; (g) All employees of the Toowoomba Company immediately before the coming into operation of this section shall become and be employed by the Authority and the Authority shall give to every such employee who is then and who has been during the preceding period of two years regularly employed in or about the undertaking of the Toowoomba Company equivalent employment for at least twelve months so that the service of such employee with the Authority shall be deemed to have been continuous service from the time of such commencement of such service with the Toowoomba Com pany or its predecessors or alternatively, the Authority shall (unless such employee has, of his own accord refused to accept or has terminated such equivalent employment) compensate such employee by an amount to be mutually agreed upon or in the case of a dispute to be settled by the Industrial Court: Provided that subject to this Act and "The Industrial Conciliation and Arbitration Acts, 1931 to 1953," nothing in this Act shall prevent the Authority from dismissing or otherwise terminating the service of such an employee during such period of twelve months for inefficiency or misconduct or for any other good cause whatever without payment of compensation; (h) All sums provided by the Toowoomba Company and standing to the credit of the Toowoomba Company in its books immediately before the coming into operation of this section for the purpose of providing retiring allowances for or other wise for the benefit of employees of the Toowoomba Company shall be paid by the Authority to The Southern Electric Authority of Queensland Superannuation Fund to, be paid and applied for the benefit of the employees for whose benefit such money was so provided in accordance with Rules of the Fund. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s.19c 15
( 2) Retrospective operation of section. As from and including the first day of July, one thousand nine hundred and fifty-four, the Toowoomba Company shall be deemed to have carried on its business and undertaking on behalf of the Authority and shall account and be entitled to be indemnified accordingly and all contracts and obligations entered into by it (including directors fees and auditors fees) are expressly ratified.
( 3) Registrar of Titles. The Registrar of Titles shall, upon the written application of the Authority, register the Authority as proprietor of estates and interests in land 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) Secretary for Public Lands and Secretary for Mines. The Secretary for Public Lands and the Secretary for Mines shall respectively, upon the written application of the Authority, register or cause the Authority to be registered in respect of the estate or 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) Debenture holders. Neither the coming into operation of this section nor any provision of this Act shall prejudicially affect any security, rights, powers, authorities, and remedies of any holder of a bond. debenture, mortgage, deed, or other security given by the Toowoomba Company before the date on which this section comes into operation 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 (including the undertaking and assets vested in the Authority under this section) and the revenue therefrom as if the bond, debenture, mortgage, deed, or other security had been given by the Authority instead of by the Toowoomba Company. 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 after the coming into operation of this section. Inserted by Act of 1954, 3 Eliz. 2 No. 52, s. 4. Acts referred to: Industrial Conciliation and Arbitration Acts, 1932 to 1953, see now Industrial Conciliation and Arbitration Acts, 1961 to 1964. Real Property Acts, 1861 to 1963.
19c. Compensation to shareholders of Toowoomba Company. (1) The shareholders of the Toowoomba Company immediately before the coming into operation of this section, other than the Authority, shall be entitled to receive from the Authority by way of compensation for the loss of their shares in the Toowoomba Company extinguished as aforesaid, the sum of twenty-four shillings and sixpence (24s. 6d.) for every fully paid share of one pound (£1) each. 16 ss. 20,21 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(2) The Authority, on application made to it, shall pay compensation as aforesaid to every such shareholder or other person claiming by or through such shareholder. (3) If any moneys payable by way of compensation as aforesaid shall not have been claimed and paid by the Thirty-first day of December, one thousand nine hundred and fifty-five, such moneys shall be deemed to be unclaimed moneys of the Toowoomba Company within the meaning of "The Public Curator Acts, 1915 to 1954," and shall be dealt with by the Authority in accordance with the provisions of such Acts. Inserted by Act of 1954, 3 Eliz. 2 No. 52, s. 4. Act referred to: Public Curator Acts, 1915 to 1957.
PART IV-FINANCE AND AccouNTs DMSION I-ACCOUNTS AND AUDIT · 20. Books of Account. ( 1) The Authority shall cause to be kept proper books of account with respect to- ( 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 aU reasonable steps to secure compliance by the Authority with the require ments 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 unde& this subsection unless, in the opinion of the Court dealing with the case, the offence was committed wilfully.
21. Auditors to be appointed. ( 1) Each ordinary general meeting of the variable interest stockholders shall appoint an auditor or auditors or firm of auditors, who shall be a public accountant or public accountants within the meaning 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 22-24 17
( 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. Act referred to: Public Accountants Registration Acts, 1946 to 1963.
22. ( 1) Auditors' report. 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. (2) Auditors to have right of access. Every auditor of the Authority shall have a 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.
23. Revenue account balance sheet and reports. ( 1) The Authority shall at the end of every year cause to be prepared- ( a) A revenue account and balance sheet; and (b) A report of the operations of the Authority, 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. Copies to be forwarded to Commission and Minister ( 1) A copy of every revenue account and balance sheet prepared by the Authority after being audited and of every such report shall be forwarded to the Commission and to the Minister. (2) The Minister shall lay the same before Parliament. 18 ss. 25-32 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
25. Special audits by Auditor-General. The Minister may at any time from time to time direct the Auditor-General to make a special audit of the accounts of the Authority and for such purpose the Auditor-General shall have all of the powers and authorities conferred upon him by "The Audit Acts, 1874 to 1951." Act referred to: Audit Acts, 1874 to 1965.
DIVISION II-INTEREST DURING CONSTRUCTION 26. Interest during construction. Where any works, buildings or plant has not been brought into service the Authority may charge interest on the cost of construction thereof to capital as part of the cost of the works, buildings or plant.
DIVISION III-LOANS AND DEPOSITS 27. Bank advances. The Authority, for the purposes of enabling 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. 28. Deposits. The Authority may receive money on deposit at call or on fixed deposit. 29. Sinking Funds and Reserves. The Authority shall provide such sinking 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. 30. Protection to lenders. ( 1) A person advancing money to the 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 31. Issue of variable interest stock. ( 1) In addition to the variable interest stock issued pursuant to section sixteen of this Act the 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.
32. Rights of variable interest stockholders. ( 1) Subject to the Agreement variable interest stock shall confer upon the holders thereof the rights provided by the Agreement. (2) Except as provided in the Agreement variable interest stock shall be interminable. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 33,34 19
( 3 ) The holders for the time being of variable interest stock shall be creditors of the Authority for the 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 not secured debentures. Variable interest stock shall not for any purpose be deemed to be secured debentures or inscribed stock which may be issued by the Authority under Division V. of this Part of this Act.
DIVISION V-SECURED DEBENTURES AND STOCK 34. ( 1) Issue of debentures and inscribed stock. For securing the repay ment of the principal and interest of any money borrowed the Authority may issue debentures or inscribed stock in manner provided 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 specifiy 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 du1y 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 pay ment 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. ( 8) The holder of any coupon originally annexed 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 income 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) Sinking funds. Whenever by the conditions of issue of any debentures or inscribed stock to secure any loan, whether such conditions are set out in an Order in Council under section thirty-six of this Act or 20 ss. 35-38 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS otherwise, payments into a sinking fund to redeem such loan are required, the Authority shall and in any other case the Authority may establish a sinking fund for the redemption of such loan and contributions to such sinking fund so established shall be duly made by the Authority. As amended by Act of 1954, 3 Eliz. 2 No. 52, s. 5.
35. Debentures to rank pari passu. All debentures, stock, bonds or other securities 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 <,>f date or otherwise but shall be subject always to any prior charge.
36. ( 1) Advances by Treasurer. The Governor in Council may authorise the Authority to borrow money from the Treasurer. (2) Guarantee by Governor in Council. The Governor in Council may by Order in 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 and such other conditions as the Governor in Council thinks proper to impose. The due repayment of any 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) Authority to be ''local body". The Authority shall be and be deemed to be a "local body" under and within the meaning of "The 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. Act referred to: Local Bodies' Loans Guarantee Acts, 1923 to 1957.
37. Repayment of advances to Treasurer. Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the 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 ealculation of interest thereupon or with respect to any other matter requiring adjustment.
38. Tmstee security. Any Trustee unless expressly forbidden by the instrument (if any) creating the trust may invest any trust moneys in his hands in debentures or stock issued by the Authority under this Division SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 39, 39A 21 of this Part of the Act and the investment shall be deemed to be an investment authorised by section four of "The Trustees and Executors Act of 1897," and the said Act shall apply and extend accordingly. Act referred to: Trustees and Executors Acts, 1897 to 1964.
39. Debentures to be lawful investment. Any debentures or stoc~ issued by the 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, company, friendly society, or trade union or branch 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.
39A. ( 1) Sinking fund Trustees. The persons for the time being respectively holding the offices of Auditor-General, Under Secretary to the Department of the Treasury, and the Secretary of the Authority (in this section referred to as "the Trustees"), shall be a body corporate with the name of "Trustees of The Southern Electric Authority of Queensland Debt Redemption Fund" and by that name shall have perpetual succession and an official seal which shall be judicially recogilised and shall be capable in law of suing and being sued. Every sinking fund as aforesaid shall be vested ·in and administered by the Trustees. The Trustees shall not for any purpose be deemed to represent the Crown or the Authority. ( 2) Banking account. The Trustees shall open an account or accounts in the name of the Trustees with the bankers of the Authority for the time being or other bankers approved by the Authority and shall pay to such account or accounts aU contributions to the sinking funds as aforesaid. Such moneys shall be placed to the credit of the proper sinking fund. The Trustees may obtain advances by way of overdraft to an amount not exceeding in respect of any sinking fund one year's contributions by the Authority to the sinking fund. ( 3) Investment of sinking funds. The Trustees shall apply the proper sinking fund to the repayment of the loan in respect of which it ·is established, on its due date, and in the meantime may from time to· time apply the same in redeeming any part of such loan or in the case of any part of the loan being secured by debentures or inscribed stock be made by the purchase of such debentures or inscribed stock whether on the open market or by private contract and whether at a premium or at par or less than par and such debentures or inscribed stock shall be kept on .foot and shall not be re-issued or resold. Moneys not immediately applied as aforesaid may be invested in the names of the Trustees in the purchase of debentures or inscribed stock of any other loan of the Authority or in any other investments authorised by law for the investment of trust moneys approved by the Authority and such investments may be realised, transposed, or varied. On the due date for the redemption of the loan the indebtedness of the Trustees to the Authority in respect of any debentures or inscribed stock of such loan in which the sinking fund for such loan shall be invested shall be cancelled and any other investments in which such sinking fund shall be invested shall be turned into money. The money held by such. sinking fund shall be applied in the redemption of the loan and for such purposes may be paid to the bankers of the Authority. Any money not required for the redemption of the loan shall be repaid by the Trustees to the Authority. 22 s.40 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
( 4) The' Trustees shall, before the thirtieth day of September in each year, transmit to the Treasurer and to the Authority a return showing the amount which has been received by them during the year last preceding the making of such return, the description of any securities upon which any investment has been made, the purposes for which the sinking funds have been applied during such period, and the total amounts (if any) remaining uninvested during such period. If it appears to the Treasurer that the Authority has made default to the Trustees in the payment to the Trustees of any contribution to any sinking fund, the Treasurer shall direct the Trustees to recover from the Authority the sum in respect of which default has been so made and such sum shall be a debt recoverable from the Authority by the Trustees.
( 5) Administration of sinking funds. (a) The Authority shall provide all clerical and other assistance and all books, papers, and accounts which may be required by the Trustees. (b) The Trustees may appoint and employ a secretary and other employees who shall perform such duties as the Trustees shall determine. (c) All administration expenses necessarily incurred by the Trustees and not paid by the Authority shall be a charge against the sinking funds. (d) The Trustees shall keep proper books of account and such accounts shall be audited in the same manner as the accounts of the Authority. (e) The Trustees shall determine how and by whom cheques on the banking accounts of the Trustees shall be paid and endorsed. (f) Any two persons present at a meeting of the Trustees shall constitute a quorum. Inserted by Act of 1954, 3 Eliz. 2 No. 52, s. 6.
40. ( 1) Defaults in repayment of loans to Treasurer. In the months of February and August, respectively, in every year, the Treasurer shall cause to 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.
(2) Appointment of receiver by Treasurer. If thereafter on the thirtieth day of April or the thirty-first day of October, respectively, any part of 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." SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 41-43 23
(3) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income. Act referred to: Audit Acts, 1874 to 1965.
41. Default in repayment of debentures: Appointment of receiver by Court. ( 1) If default is made by the Authority in making any payment whether of principal or interest to the holder of any debenture or coupon issued or stock inscribed by the Authority, the holder thereof may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such Court shall have power to 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. Remuneration of receiver. A receiver appointed by the Treasurer shall be entitled to such commission or remuneration for his 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. Powers and duties of receiver. ( 1) A receiver whether appointed by the Treasurer or the Court shall have power to collect all 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 the same series as such holder or to the 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. 24 ss. 44,45 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
DIVISION VI-BUDGET 44. ( 1) Annual budget to be prepared. Not later than one month after the 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 altera tions in prices which it proposes. (2) Contents of budget. Each budget shall show the following information, that is to say:- ( a) An estimate of the capital expenditure to be incurred during the year; (b) 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 expendi ture) for the current year; and (e) Such details of the above estimates as the Authority considers desirable. ( 3) Departures from budget. The adoption of the budget shall not prevent the 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 ..
PART V-POWERS AND DUTIES OF THE AUTHORITY 45. Duties of Authority. Subject to the Act it shall be the duty (;,f the Authority under the general direction of the Commission- · · · (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; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 46,47 25
(f) To develop the natural resources of Queensland for the purpose of and by means of the production and use of electricity 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. Powers of Authority. In addition to and without in any way limiting the powers, duties, authorities and responsibilities granted 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.
47. Construction of works. ( 1 ) The Authority may construct any electric 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. To the extent necessary to give effect thereto this section shall be read and construed with and as modifying "The Public Works Land Resumption Acts, 1906 to 1955," and in so reading, construing, and modifying such lastmentioned Acts,- ( a) the term "land" shall include any land, or any estate or · interest in any land held under any tenure or subject to any trust under any Act relating to the occupation, leasing or alienation of Crown land; (b) the term "Registrar of Titles" shall include the authority charged with registering instruments of title to the tenure of any land; and (c) the term "constructing authority" includes the Authority: Provided that no provision of any Acts referred to in this subsection shall- ( a) entitle or be deemed to entitle, any person to claim compen sation in excess of the value of his estate or interest in any land acquired by the Authority pursuant to this section; and (b) prevent the Authority from taking an easement upon such land. (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 or of the undertaking of any other electric authority 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 or 26 s. 47 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS from any other area to any part of the area of supply 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 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 iii 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. ( 10) Whenever an easement for a right of way affecting land under the provision of "The Real Property Acts, 1861 to 1952," shall have been acquired by agreement or pursuant to "The Public Works Land Resumption Acts, 1906 to 1955," by the Authority for the purposes of any electric line, the Registrar of Titles shall enter a memorial of the instrument creating such easement on the folium of the register book · constituted by the existing grant or certificate of title of such land when SOUTHERN ELECTRIC AUffiORITY, ETC., ACTS ss. 48,49 27 such instrument is produced to him for registration, notwithstanding that such easement is not being annexed to or used and enjoyed together with any other land, whether under the provisions of "The Real Property Acts, 1861 to 1952," or not. As amended by Act of 1958, 7 Eliz. 2 No. 59, s. 13, and Act of 1964, No. 59, s. 21. Acts referred to: Public Works Land Resumption Acts, 190~ to 1955. Real Property Acts, 1861 to 1963.
48. Opening of roads. ( 1) Subject to the provisions of this Act and 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 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 light 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.
49. Altering position of pipes, etc. Subject to the provisions of this Act and the regulations- ( 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 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; 28 ss. 50-52 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(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. Breaking up Railways and tramways. The Authority may break up any railway or tramway with the consent of the public body or statutory corporation by whom such railway or tramway is 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. Authority to make compensation. In the exercise of its powers under ··this Act, the Authority shall do as little damage as may be and shall make full compensation to all persons interested for all damage sustained :by them in consequence of the exercise of such powers. 52. Disputes with other Authorities. ( 1) Where the exercise of any rights, powers or authorities or the discharge of any duties by the 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 shaU so far as is practicable, confer and agree with such public body or statutory corporation. (2) Any question, difference or dispute arlsing or about to arise 'between the Authority and any public body or statutory corporation with respect to the exercise 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 ~vestigations 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. Act referred to: Commissions of Inquiry Acts, 1950 to 1954. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 53,54 29
53. Removal of trees obstructing lines. ( 1) Where any tree or hedge obstructs or interferes with the construction, maintenance, or working 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. (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 commence ment 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. Rights of entry. The Authority may at all reasonable times enter upon any land upon which electricity is or has been 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 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; but the Authority shall be bound to make good all damage caused by such entry, inspection or removal. B 30 ss. 55-57 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
55. Works to remain property of the Authority. ( 1) All works and every part thereof vested in or held by the Authority subject to the provisions of this Act shall notwithstanding that they have been con structed 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.
56. Contracts. ( 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. (2) A contract made according to this section shall be 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. Governor in Council may rescind resolution of Authority. ( 1) The Governor in Council may, upon the recommendation of the Commission, at any time suspend or rescind any resolution or order of the Authority, and/ or may prohibit the expenditure of any moneys upon any 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 58,59 31 '\ 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 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) H the Governor in Council when rescinding a resolution of the Authority specifies that such resolution 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) H 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 bona 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.
58. No compensation for failure to supply. The Authority shall not be liable in damages to any person by reason of any partial or total failure of 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.
59. ( 1) No discrimination between consumers. Except insofar as is other wise provided by the Agreement every person within any division or part 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 supply. Provided however that no person shall be entitled 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 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. 32 s.59 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(2) Transformer substations on consumers' premises. (a) Notwith standing anything contained in subsection ( 1 ) of this section if it is found necessary by the Authority at any time to extend or increase the capacity of its works in order to supply electricity or to increase or maintain the supply of electricity to consumers in any premises where the aggregate maximum demand for such supply by the consumers exceeds, or is estimated by the Authority as determined by the methods specified by the Standards Association of Australia Wiring Rules to exceed, 100 kilovolt amperes, the Authority shall not be required to give or continue to give a supply of electricity to such consumers or to the premises which they occupy unless the owner of the premises provides free of cost to the Authority the space necessary for and suitable to the erection of a transformer substation on such premises and grants a right of-way to the Authority for its electric lines and cables to and from such substation and for access by the Authority to its equipment on the premises at all times and in such manner that the Authority shall be able to install, maintain or remove its equipment at any time without hinderance or obstruction. (b) The adaptation of space within the premises for the specific purpose required including the provision of additional doors and handling facilities shall be the responsibility of the Authority. The provision of electric lines and of inward and outward cables to and from the transformer substation required for the supply of electricity to consumers not situated within the premises shall be the responsibility of the Authority. (c) The Authority shall provide and install all electric lines, cables and equipment necessary for the supply of electricity in accordance with this subsection and such lines, cables and equipment shall be and remain the property of the Authority: Provided however that the Authority may require the owner of the premises to meet the costs of such part of the incoming electric line in excess of that normally provided free by the Authority. (d) The transformer, instruments and other apparatus erected by the Authority in any substation installed under the provisions of this subsection shall be and remain under its sole control. (e) The Authority shall be entitled by agreement in writing with the owner to use any electric line, cable or equipment installed by it on any premises under the provisions of this subsection for the purpose of giving or maintaining a supply of electricity to consumers not within the premises as well as to those who occupy such premises: Provided that if the owner of the premises in which the transformer substation and equipment are installed is put to expense by reason of the Authority exercising this right or if the owner is required to allot or make available to the Authority a larger space in his premises than would otherwise be necessary to provide a supply of electricity to the consumers in those premises alone compensation in the form of an annual rental for the space occupied by the transformer substation and equipment shall be paid by the Authority to the owner in an amount and in a manner agreed upon between the parties. When agreement has been reached upon an annual rental for such space in the premises then the minimum period for which such rental shall apply without variation shall be five years. If agreement cannot be reached as to the amount of rental to be paid or as to any other matter arising under this paragraph (e), then the matter in issue shall be determined by the Commission. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s. 60 33
The agreement shall remain in force for so long as electricity is or continues to be supplied and consumed in the premises of the owner irrespective of any subsequent change in maximum demand by the consumers therein but the conditions may be varied by agreement between the parties subject to the approval of the Commission. In the event of the supply of electricity to the premises being discontinued the Authority shall remove at its own cost its electric lines, cables and equipment if required to do so by the owner. (f) If the owner of the premises is dissatisfied with any decision of the Authority under the provisions of this subsection he may appeal to the Commission which may in its discretion set aside or vary any such decision and substitute any other decision therefor. The decision or determination of the Commission shall be final and conclusive and shall be binding on the Authority, the owner and on any consumer or other person affected by it. (g) Under special circumstances and with the approval of the Commission the provisions of this subsection may be applied in the case of supply of electricity to consumers in premises where the aggregate maximum demand by the consumers is or is estimated by the Authority to be less than 100 kilovolt amperes. (h) For the purposes of this subsection- ( a) the term "space" shall include and be deemed to include a suitable floor or foundation walls, or enclosure and ceiling in that part of the premises where the transformer substation is to be located and installed and provision made for the entry and exit of the electric lines and cables; and (b) the term "owner" shall include and be deemed to include any person or body corporate being the immediate proprietor, lessee or occupier of any premises or any part thereof. (i) Section fifty-one of this Act shall not apply to this subsection and no further or other compensation than the rental aforesaid (if any) shall be payable to or recoverable by the owner of the premises for or in respect of any transformer substation installed therein by the Authority under the provisions of this subsection. (j) Unless the parties otherwise agree, the provisions of this subsection shall not affect any agreement (providing for the construction of a transformer substation on premises), made between the Authority and the owner of such premises prior to the passing of "The State Electricity Commission Acts and Other Acts Amendment Act of 1964". As amended by Act of 1964, No. 59, s. 22.
60. (1) Meter readings. The Authority shall in any bill of account for electricity sent by it to a consumer indicate therem the previous meter reading and the present meter reading: Provided however that an estimated meter reading may be made in any particular case. (2) No meter charge. The Authority shall not make any charge whether directly or indirectly and by whatever name such charge is designated for the hire of any meter. ( 3) Incoming tenant. A consumer shall not be required to pay any 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. 34 ss. 61-63 SOUTHERN ELECTRIC ,AUTHORITY, ETC., ACTS
PART VI-OFFENCES AND LEGAL PROCEEDINGS 61. Stealing electricity. Any person who maliciously or fraudulently abstracts, causes to be wasted or diverted, consumes, or uses any electricity provided in pursuance of this Act shall be guilty of stealing and punishable accordingly as for an indictable offence.
62. Offences relating to use of electricity. ( 1) Any person who- ( a) Constructs or causes to be constructed an electric line to connect with any electric line 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 lights 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 lines or other lines belonging to the Authority; or (f) 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, lines or works are under the control or custody of the consumer be prima facie evidence that such alteration, prevention, abstraction, wasting, diversion, consump tion or use, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter, lines 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.
63. Damage to electric lines or works. Any person who carelessly or accidentally breaks, throws down or damages any electric line 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s. 64 35
Stipendiary Magistrate or two Justices shall think reasonable: Provided that this section shall not affect any other remedy the Authority might otherwise have. 64. Authentication of service of documents. ( 1) Every notice, order, process, summons, minute or other document or copy thereof which requires authentication by the Authority shall be sufficiently 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 provision) , 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 ~uch 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. (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, 36 ss. 65,66 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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. 65. Authority may take proceedings. In any case in which the Attorney General 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. 66. Limitation of actions for negligence. ( 1) No person shall be entitled to recover against the Authority any damages in respect to any injury to the person or damage to property alleged to have been sustained by himself or any other person by reason of the negligence of the Authority, unless the following conditions are complied with by him or on his behalf, namely:- (a) Notice in writibg 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 U,.jury 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 ~here it was sustained. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 67-69 37
Such notice shall not be deetned invalid by reason of any defect or inaccurary 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 inaccuracy, and that the defect or inaccuracy was intentional and for the purpose of misleading.
67. Limitation of other actions. An action, other than action for damages under section sixty-six of this Act, shall not be brought against the Authority or any member thereo~, 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.
68. Indemnity to members and officers. No matter or thing done and no contract 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 bona 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. 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. Prosecution of offences, etc. ( 1) Subject to the liability to be punished as for an indictable offence as prescribed by section sixty-one 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 dis'-'overy of the offence by the complainant, whichever is the later period. 38 ss. 70-72 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(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. Act referred to: Justices Acts, 1886 to 1964.
70. Consumer not disqualified as judge or justice. No judge, justice or judicial officer shall be disqualified or prevented from presiding, sitting, acting or adjudicating in any action or proceeding whatsoever in or to which the Authority is a party or is sought 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. Proof of proceedings. ( 1 ) In any proceeding instituted by or on behalf of or against the Authority, no proof shall be required (until evidence is given to the contrary) of- ( a) The Constitution of the Authority; (b) Any resolution of the Authority; (c) The Corporate name of the Authority; (d) The limits of the area of supply of the Authority; (e) The appointment of any member, officer or servant of the Authority; (f) 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.
72. Proof of minutes and documents. ( 1) Any minute of the proceedings of meetings 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 73-74 39
PART VII-MISCELLANEOUS 73. Commission to have access to records. ( 1) Any person appointed for that purpose by the Commission shall at all times have access to all 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 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. ·
73A. ( 1 ) The persons for the time being holding office as Trustees of The Southern Electric Authority of Queensland Superannuation Fund (formerly styled City Electric Light Company Limited Superannuation Fund) established by Trust Deed made the fifteenth day of February, one thousand nine hundred and forty-nine, shall be a body corporate with the name of "The Southern Electric Authority of Queensland Superannuation Fund" and by that name shall have perpetual succession and an official seal and shall be judicially recognised and shall be capable in law of suing and being sued. (2) The said Trustees shall not for any purpose be deemed to represent the Crown or the Authority. ( 3 ) The said Trustees acting in accordance with the provisions of the said Trust Deed and the rules thereunder may as such corporation and in the name of The Southern Electric Authority of Queensland Super annuation Fund exercise any or all of the powers conferred on the Trustees including the power of making and holding investments in that name. Inserted by Act of 1954, 3 Eliz. 2 No. 52, s. 7.
74. Regulations. (1) The Governor in Council may, from time 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:- ( a) 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; (b) 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; 40 s. 75 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(e) The conditions under which electric lines may be constructed and used above ground; (f) 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; (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; (1) 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 "The State Electricity Com mission 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 "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. Acts referred to: Electric Light and Power Acts, 1896 to 1965. State Electricity Commission Acts, 1937 to 1965.
75. By-laws. (1) The Authority may, with the approval of the Com mission, 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. . 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; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS s. 76 41
(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; (f) 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; (k) 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." (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. Act referred to: Electric Light and Power Acts, 1896 to 1965.
76. Amendment shall not waive offences. Notwithstanding the amendment or repeal of any regulation or by-law, every offence committed 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. 42 ss. 77,78 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
77. Electric Light and Power Acts not to apply. (1) Except as is other wise provided in this Act the provisions of "The Electric Light and Power Acts, 1896 to 1946," and of sections twenty-two, twenty-six, forty-six and forty-seven of "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 "The State Electricity Commission Acts, 1937 to 1952," the Commission and, for the purposes of any appeal authorised to be heard and determined by it under section twenty of the said Acts, the Industrial Court, shall be guided by the provisions of the agreement and the prices to be charged by the Authority shall be determined in accordance with the provi<:ions of the Agreement. (3) A license to supply electricity may be issued pursuant to ·'The Electric Light and Power Acts, 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 Acts, 1896 to 1946." Acts referred to: Electric Light and Power Acts, 1896 to 1965. State Electricity Commission Acts, 1937 to 1965. 78. Proclamations and Orders in Council. ( 1) The Governor in Council may from time to time make all such Proclamations and Orders in Council as he thinks fit for the further or more effectually or 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 substitut ing 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 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS ss. 79, 80, Sch. I 43
( 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.
79. Proclamations, etc., to be laid before Parliament. ( 1) All Proclama tions, Orders in Council, regulations and by-laws shall be laid before the Legislative Assembly within fourteen days after the 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 Pro clamation, Order in Council, regulation or by-law of which resolution notice has been given at any time within 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.
80. Repeal. The following sections of "The State Electricity 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. Act referred to: State Electricity Commission Acts, 1937 to 1965.
FIRST SCHEDULE [As amended by notification published Gazette 10 Nov. 1962, pp. 827-8.] THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND CONSTITUTION AND RULES
CoNSTITUTION 1. Name of Authority. The Authority is a public Authority of the State of Queensland (being an Electric Authority) duly established and incorporated by and under the Act.
INTERPRETATION 2. Interpretation and Definitions. In the Constitution and the Rules, where the context admits- "The Act" means "The Southern Electric Authority of Queensland Act of 1952"; 44 Scb.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
"Additional members" means the members from time to time appointed by the Governor in Council unaer the provisions of the Agreement; "The Agreement" means the Agreement set out in the Second Schedule to the Act; "The Authority" means the Southern Electric Authority of Queensland; "Commissioner" means the Commissioner for Electricity Supply appointed under "The State Electricity Commission Acts, 1937 to 1952," or if there be more than one Commissioner for Electricity Supply, the senior Commissioner. If, at any time, the Commission is constituted by any body of persons, the term means the Chairman of such body; "Company" includes corporation and vice versa; "The Constitution" means this Constitution; "Debenture" includes debenture stock and inscribed stock issued by the Authority and debentures and stock issued by City Electric Light Company Limited, but does not include V. I. stock; "Debenture holder" includes debenture stockholder; "Elected members" means the members from time to time appointed by the V. I. stockholders or in the case of a casual vacancy by the Board; "Inscribed stock" does not include V. I. stock; "In writing" and "written" include printing, lithography and other modes of reproducing words in a visible form; "The Members" and "the Board" mean the Members for the time being of the Authority or a quorum thereof. The term includes the Chairman, elected Members and additional Members; "Month" means calendar month; "The office" means the principal office for the time being of the Authority; · "Paid up" means paid up and/ or credited as paid up; "Person" includes company or corporation; "The register" means the register or registers of stockholders of the Authority kept pursuant to the rules; "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; "The Seal" means the official Seal of the Authority; "Secretary" includes a temporary or assistant Secretary and any person appointed by the members to perform any of the duties of the Secretary; "Stock" includes V. I. Stock debentures and inscribed stock issued by the Authority; "Stockholder" means the registered holder for the time being of any stock issued by the Authority; "V. I. stockholder" means the registered holder for the time being of any of the V. I. stock of the Authority; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 45
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. As amended by notification published Gazette 10 November 1962, pp. 827-8. Act referred to: State Electricity Commission Acts, 1937 to 1965.
3. Powei'S of Authority. The Authority shall have the following powers in addition to 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; ( 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 electric 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, amal gamate, 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 ul;led; ( 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; 46 Scb.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(9) To buy, build, erect, lease, ~nd 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, com mercial, 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; (12) (Repealed.) (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 tum 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, tum to account or otherwise deal with all or any of the property and rights of the Authority; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. I 47
(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, 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, and 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 other wise) 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 48 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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; (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 forma tion 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 under writing 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 an such other things and exercise an 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 49
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. As amended by notification published Gazette 10 November 1962, pp. 827-8.
OFFICE 4. Office of Authority. The principal office of the Authority will be at 156 Boundary Street, Brisbane, in the State of Queensland or at such other place in the State of Qu~ensland 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. Members to sit as Board. The members of the Authority shall sit together as a Board. As amended by notification published Gazette 10 November 1962, pp. 827-8. 6. Business to be managed by Members. The business of the Authority shall be managed by the members who may pay all expenses incurred in establishing the Authority and may, subject to the Act and to the Constitution and the Rules, exercise 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 branches of business may be left in abeyance. Any branch or kind of business which by the Act, the Constitution or the Rules or otherwise is either expressly or by implication authorised to be undertaken by the Authority, may be undertaken by the members at such time or times as .they think fit 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. (Repealed by notification published Gazette 10 November 1962, pp. 827-8.)
9. Control of subsidiaries. The members may appoint, remove and reappoint any persons (whether members of their own body or not) to act as Directors, 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. Local boards and committees. The members may establish any local boards, committees or agencies for managing any of the affairs of the Authority, either in Queensland or elsewhere, and may appoint any 50 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS persons to be members of such local boards or committees, or to be managers or agents, and 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. 11. Appointment of attorneys. The members may from time to time and at any time by 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 exercisable 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. 12. Attorneys to execute deeds. The Authority may by writing under its seal empower any 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. 13. Official seal for use abroad. ( 1) The Authority may have for use in any country, place or 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. ( 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 51
14. Alteration of Constitution and Rules. ( 1) In addition to the powers conferred by Rule 2, the members, with the approval of the Governor in Council and with the approval of a resolution of the V. I. stockholders in general meeting, 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 Ru1es. ( 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. As amended by notification published Gazette 10 November 1962, pp. 827-8.
THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND RULES
DEBENTURES AND INSCRIBED STOCK OF CITY ELECTRIC LIGHT COMPANY LIMITED 1. Stock and debentures of City Electric Light Co. Ltd. ( 1) The Stock and debentures issued by City Electric Light Company Limited pursuant to the Trust Deed made the first day of September one thousand nine hundred and forty-one between City Electric Light Company Limited and Queensland Trustees Limited shall be governed by the provisions of such Trust Deed including the schedu1es 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. Power to make rules relating to stock. The Board may from time to time make rules or regulations and prescribe forms requisite or necessary in relation to the V. I. stock or the debentures or inscribed stock of the Authority or any issue or series thereof and such ru1es 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 ru1es or regu1ations, the provisions of Ru1es 3 to 17, both inclusive, of the Ru1es shall apply to debentures and inscribed stock of the Authority. 52 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
3. Register of stockholders. ( 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. 4. Index to register. Unless the registers are in such a form as to con stitute in 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 m:ay 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. 5. Inspection of register. Each register and the index of the names of the stockholders 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. 6. Closing of register. The Authority may, on giving notice by advertise ment in 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. 7. Alteration of register by Court. ( 1) If- (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 of 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 53
( 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. As amended by notification published Gazette 10 November 1962, pp. 827-8.
8. Trusts not to be entered in register. (1) No notice of any trust expressed, implied or constructive shall be entered in the register. (2) The Authority shall be entitled to treat a registered stockholder 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 stockholders in respect of stock in the same manner as in respect of any other personal property.
9. Register prima facie evidence. Every register shall be prima facie evidence of any matter by the rules or otherwise directed or authorised to be inserted therein and shall constitute the title of every stockholder to the stock registered in his name.
10. Branch registers. ( 1) The Authority may cause to be kept in any part of the British Commonwealth of Nations beyond Queensland, a branch 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. (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. 54 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(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. 11. Joint holders. If two or more persons are registered as joint holders of stock 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. 12. Delivery of debentures. Debentures and stock certificates for stock registered in the 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. 13. ( 1) Stock may be allotted or issued or transferred to or registered in the name of any friendly society or trade union registered under the laws of Queensland or any other State or any branch of a friendly society or trade union so registered. (2) An application for stock, or for the allotment or issue of stock or a transfer by or to a friendly society or trade union or branch, shall contain such particulars as may be required by the Authority and shall be signed by such two or more persons as are appointed in that behalf by the society, trade union, or branch as the case may be. ( 3) Certificates, receipts, and other documents relating to stock registered in the name of a friendly society or union or branch, inay be issued to such person or persons as the society, trade union, or branch as the case may be appoints in that behalf. ( 4) No transactions under this Rule shall be effected in relation to stock registered under this Rule, unless they are authorised by the persons appointed by the society, trade union, or branch as the case may be in accordance with subclause (2) of this Ru1e. ( 5) Whenever an application for stock or for the allotment or issue of stock or for the delivery of certificates, receipts, or other documents is made by a friendly society, trade union, or branch or a transfer of stock to a friendly society, trade union, or branch is delivered to the Authority, there shall be furnished to the Authority a certificate in such form as the Authority may require, certifying the appointment of some person or persons for the purpose. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 14. In case of the death of a stockholder, the survivor or survivors where the deceased was a joint holder, and the legal personal representatives of the deceased where he was a sole holder, shall be the only persons recognised by the Authority as having any title to his interest in the stock, but nothing herein contained shall release the estate of a deceased joint holder from any liability in respect of any stock which had been jointly held by him with other persons. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 15. ( 1) Any person becoming entitled to stock in consequence of the death or bankruptcy of a stockholder may, upon such evidence being produced as may from time to time properly be required by the Board, SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. I 55 and subject as hereinafter provided, elect either to be registered himself as holder of the stock or to have some person nominated by him registered as the transferee thereof, but the Board shall, in either case, have the same right to decline or suspend registration as they would have had in the case of a transfer of the stock by that stockholder before his death or bankruptcy. (2) If the person so becoming entitled elects to be registered himself, he shall deliver or send to the Authority a notice in writing signed by him stating that he so elects. If he elects to have another person registered, he shall testify his election by execuiing to that person a transfer of the stock. All the limitations, restrictions, and provisions of these Rules relating to the right to transfer and the registration of transfers of stock, shall be applicable to any such notice or transfer as aforesaid as if the death or bankruptcy of the stockholder had not occurred and the notice or transfer were a transfer signed by that stockholder. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 16. Where the registered holder of any stock dies or becomes bankrupt, his personal representative or the assignee of his estate as the case may be shall, upon production of such evidence as may from time to time be properly required by the Board in that behalf, be entitled to the same interest and other advantages and to the same rights (whether in relation to meetings of stockholders or to voting or otherwise) as the registered holder would have been entitled to if he had not died or become bankrupt, and where two or more persons are jointly entitled to any stock in consequence of the death of the registered holder they shall for the purpose of these Rules be deemed to be joint holders of the stock: Provided that the Authority shall be at liberty to retain the interest payable on any stock until such person shall himself be registered as holder of the stock or some person nominated by him registered as the transferee thereof. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 17. The interest upon stock may be paid by cheque payable to the holder or joint holders or some one or more of them or to such person or persons as the holder or joint holders may direct and payment of the cheque shall be in satisfaction of the interest. A cheque may be sent through the post to the registered address of the holder, or in the case of joint holders the registered address of one or more of them or to the address of any person or persons as aforesaid. At the request of any holder or joint holders interest may in the discretion of the Authority be paid by cheque placed to the credit of any Bank of the holder or in the case of joint holders any one or more of them or of any such person or persons as aforesaid and payment of the cheque shall be in satisfaction of the interest. Substituted by notification published Gazette 10 November 1962, pp. 827-8.
V. I. STOCK 18. Issue of V. I. stock. (1) The Authority shall issue variable interest stock to the shareholders of City Electric Light Company Limited in 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 56 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS authorised by resolution of any general meeting of V. I. stockholders) shall be offered in the first place to the V. 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. stockholders 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 V. I. stockholders stock to the full amount which under the Act and the Agreement V. 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 V. 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. Calls may be made. V. I. stock may be issued upon the basis that the whole amount thereof is payable upon application or upon allotment or upon one or more fixed dates by one or more instalments or by calls to be made by the Board. 20. If calls not paid on due date. If any instalment or call is not paid on the due date, the members at any time thereafter may refuse to accept the payment of the amount of such instalment or call or of any later instalment or 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. V. I. stockholders may transfer stock. The person whose name is registered in the register as the owner of any V. I. stock shall be deemed to be the owner of the stock and subject to the rules have power to dispose of and transfer the stock and to give effectual receipts for any moneys paid to him by way of consideration. 22. Stock certificates. Every V. I. stockholder shall be entitled on request to receive from the Authority a stock certificate showing the amount of stock 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. 23. Transfers. 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. 24. No transfer to infant or lunatic. No transfer of V. I. stock shall be made to a person who is known to the Board to be an infant or mentally sick but the Board shall not be bound to enquire as to the age or soundness of mind of any transferee. 25. Form of transfer. Transfers of V.I. stock shall be in the usual common form or in the form below or in any other fonn which the members from time to time prescribe or in particular cases accept. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 57
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 "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 l Transferor. presence of: f Witness. Signed by the .said transferee in the} Transferee. presence of: Witness.
26. Transfers to be signed and witnessed. Every instrument of transfer of V. I. stock shall be signed by or on behalf of the transferor and transferee and be witnessed as the Board shall require and the transferor shall be deemed to remain the 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. 27. (1) Transfers to be delivered to Authority. Every instrument of transfer of V. I. stock shall be delivered at the office of the Authority or at the place at which the 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. (2) Transfers to be retaiued. All instruments of transfer which shall be registered shall 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) Marked transfers. The Authority may at any time upon the request of any V. I. stockholder endorse upon any transfer of V. I. stock by 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) Special marked transfers. The Authority may at any time upon the request of any V. I. stockholder endorse upon any transfer of V. I. stock by such stockholder a marking stating that the stockholder is the 58 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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 period shall not exceed five years. . ( 3) Limitations of transfer when marked transfer issued. When, pursuant to subclause ( 1) or subclause (2) of this Rule a marking has been endorsed upon any transfer or transfers of V. I. stock of any V. I. stockholder the Authority may reserve from transfer sufficient stock of such V. I. stockholder to meet such marked transfer and notwithstanding the death of any such stockholder or the right (apart from this Ru1e) 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) Marked transfers on new Issues. The Authority, upon the request of any V.I. stockholder to whom any part of any new issue of V. I. stock has been offered, may at any time, before the allotment of such stock to such stockholder, endorse upon any transfer by such V. I. stockholder of any part of any such new issue of V. I. stock a marking stating that the V. I. stockholder is entitled to apply for and be allotted V. 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) Limitations on transfer when marked transfer issued for new Issue. When a marking has been endorsed upon any transfer or transfers of any new issue of V. I. stock of any stockholder pursuant to subclause ( 4) of this Ru1e the Authority, on the allotment of such new issue of V. I. stock to such stockholder, may reserve from transfer sufficient thereof to meet such marked transfers and notwithstanding the death of any such stockholder or 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. 29. Renunciation of rights. Nothing herein contained shall preclude the Authority from recognising a renunciation of the allotment of any V. I. stock by the allottee or person to whom the same is offered in favour of some other person, or from allotting V. I. stock to any nominee or assignee of any stockholder.
GENERAL MEETINGS OF V. l. STOCKHOLDERS 30. Ordinary general meetings. An ordinary general meeting of the V. I. stockholders shall 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. 31. Extraordinary general meetings. The members may whenever they think fit call an extraordinary general meeting of V. I. stockholders. 32. Meetings on requisition. ( 1) The members shall on the requisition of V. I. 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 59
(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) H the members do not within twenty-one days from the date of the deposit of the requisition proceed du1y 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 du1y 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 defau1t.
NoTICE OF GENERAL MEETINGS 33. Notice of meeting. Seven days' notice at the least specifying the place, the day and the hour of meeting (and in the case of any extra ordinary 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. 34. Omission to give notice. The accidental omission to give notice to or the non-receipt of notice by any V. I. stockholder or other person shall not invalidate the proceedings of any general meeting or any resolution passed thereat.
PROCEEDINGS AT GENERAL MEETINGS 35. Business of ordinary general meeting. The ordinary business of any ordinary general meeting shall be to elect members in place of those retiring by rotation or otherwise, 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. 36. Special business. No person shall as regards any special business be at liberty to move at any general meeting any resolution not previously approved 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. Quorum. No business shall be transacted at any general meeting unless a quorum is present when the meeting proceeds to business. Twenty V. I. stockholders present in person or by proxy or in the case of a Corporation by a representative and entitled to vote thereat shall be a quorum for a general meeting. 60 Scb.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
38. Absence of quorum. If, within fifteen minutes of the time appointed for the meeting, a quorum is not present, the meeting, if convened on the requisition of V. I. stockholders, shall be dissolved. In any other case 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 V. I. stockholders present shall be a quorum.
39. Chairman of meetings. The Deputy Chairman (if any) shall preside as Chairman at every general meeting of V. I. stockholders. If there be no 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. stock holders 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 of the meeting. As amended by notification published Gazette 10 November 1962, pp. 827-8. 40. Adjournments. The Chairman of the meeting may, with the consent of any meeting, at which a quorum is present (and shall if so directed by the meeting) adjourn 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 kom 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. As amended by notification published Gazette 10 November 1962, pp. 827-8. 41. Voting by show of hands unless poll demanded. At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the Chairman of the meeting or by at least ten V. I. stockholders present in person or by proxy and entitled to vote or by a V. I. stockholder or stockholders entitled to vote and holding or representing by proxy at least one-tenth part of the paid up V. I. stock of the Authority. As amended by notification published Gazette 10 November 1962, pp. 827-8.
42. Error in counting votes. If any votes shall be counted which ought not to have been 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 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. Conduct of poll. If a poll is duly demanded it shall be taken at such time and in such manner (including the use of ballot or voting papers or tickets) as the Chairman of the meeting may direct, and the result of a poll shall be deemed to be the resolution of the meeting at which the poll was demanded. The Chairman of the meeting 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. As amended by notification published Gazette 10 November 1962, pp. 827-8. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 61
44. Casting vote. In the case of an equality of votes, whether on a show of 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.
45. Time for taking poll. A poll demanded on the election of a Chairman of the meeting 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 of the meeting may direct. No notice need be given of a poll not taken immediately. As amended by notification published Gazette 10 November 1962, pp. 827-8.
46. Other business proceeds notwithstanding poll. The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which the poll is demanded.
VOTES OF V. I. STOCKHOLDERS 47. Votes in person or by proxy. Votes may be given either personally or by proxy or in the 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. 48. Joint holders. In the case of joint holders of V. I. stock, the vote of the 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. 49. Votes by executors, etc. In the case of a V. I. stockholder mentally sick or in respect 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 adminis trator 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. 50. Objection must be made at meeting. No objection shall be raised to the qualification of any voter except at the meeting or adjourned meeting at which the vote objected 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 be final and conclusive. 51. Voting on show of hands. On a show of hands every V.I. stockholder present in person, or in the case of a corporation present by a repre sentative (other than a V. I. stockholder) appointed under Rule 54, shall have one vote. c 62 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
52. Voting on poll. On a poll, every V. I. stockholder present in person or by proxy or in the case of a corporation present by a representative 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 V. 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 V. I. stock for the time being issued shall carry no further voting power. 53. Proxy. The instrument appointing a proxy shall be in writing under the hand of the appointee or of his attorney du1y 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. Corporation may appoint representative. Any corporation holding V. I. stock conferring the right to vote may by resolution of its directors or other governing body authorise any of its officials or any other person to act as its 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 V. I. stockholder of the Authority. 55. Proxy to be lodged 24 hours before meeting. The instrument appoint ing a proxy and the power of attorney or other authority (if any) under which it is signed, or a notarially certified copy of such power of authority, shall be deposited at the 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. Form of proxy. An instrument of proxy may be in the following form, or in any other form which the Authority may approve, and the proxy shall be deemed to include the right to demand or join in demanding a poll, and generally to act at the meeting for the V. I. stockholder 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 extraordinary, 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 " As amended by notification published Gazette 10 November 1962, pp. 827-8. 57. Proxy valid until notice of revocation. A vote given in accordance with the terms of an instrument of proxy shall be valid, notwithstanding the previous death or mental 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 63 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 58. Membership. 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. H 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 Ruies. The number of members of the Authority shall not at any time exceed the maximum fixed by the Agreement.
59. Employees may be appointed members. An officer or employee of the Authority or of any subidiary company may be appointed a member or deputy member and may receive remuneration in either or both capacities.
60. Associate members. The Board may at any time or from time to time appoint 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.
61. Remuneration of members. The members shall be paid out of the funds of the Authority by way of remuneration for their services at such rate or such sum as 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 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 64 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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. Remuneration for special services. Any member who serves on any committee or who devotes special attention to the business of the Authority or who otherwise performs services which, in the opinion of the Board, are outside the 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. Members may contract with Authority. (1) A member may hold any other office or place of profit under the Authority (not being the office of auditor) and may act in a professional capacity for the Authority in conjunction with his office of member or otherwise on such terms as to remuneration and 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. When members not to vote. No member shall vote in respect of any contract or arrangement between the Authority and himself personally or any firm of which he is a member other than: ( 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.
65. Vacation of office. 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; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.I 65
(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. 66. Appointed members vacating office. An appointed member shall vacate office also if he be removed from office by the Governor in Council and, in the ease of the Commissioner, if he ceases to be Commissioner. 67. Deputy members. Any member may at any time appoint any person approved by the Board to be a deputy member of the Authority. Such member or the Board may at any time remove from office ariy 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.
CHAIRMAN 68. ( 1 ) The Governor in Council may, from time to time, on the recom mendation of the Board, appoint some person qualified under the provisions of the Agreement to be the Chairman of the Authority. (2) The Chairman shall be the Chief Executive Officer and Chief Executive Member of the Authority. ( 3) If because of the temporary absence of the Chairman from any cause the Authority considers it desirable to appoint some person qualified as aforesaid to be a deputy member of the Authority it shall recommend accordingly to the Governor in Council and may also recommend that such person act as Chief Executive Officer of the Authority and the Governor in Council may make an appointment in accordance with such recommendation for the period of such absence. ( 4) The Chairman and any deputy member appointed in pursuance of subclause (3) of this Rule shall receive from the Authority such sum by way of remuneration as the Board may from time to time determine. Such remuneration shall not be wholly or in part by way of commission or percentage. Substituted by notification published Gazette 10 November 1962, pp. 827-8.
69. (1) Whenever there shall be a vacancy in the office of Chairman the Board shall recommend to the Governor in Council the appointment as Chairman of the Authority for a period not exceeding seven years of some person qualified under the provisions of the Agreement. (2) If required so to do by the Minister under the provisions of subclause (9) of clause 21 of the Agreement the Board shall make a recommendation in compliance with the provisions of such notice. 66 Sch. I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(3) The term "member" whenever used in Rules 61, 62, 63, 65, or 67 shall not include the Chairman. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 70. ( 1) The Chairman shall be deemed to have vacated his office- (a) If he directly or indirectly engages in any paid employment outside the duties of his office or of any office to which he is appointed by virtue of his position of Chairman except with the approval of the Board and of the Governor in Council; or (b) If he absents himself from duty for a period exceeding fourteen consecutive days except on leave granted by the Board unless such absence is occasioned by illness or other unavoidable cause; or (c) If he becomes bankrupt or presents a bankruptcy petition against himself or enters into any composition or scheme or arrangement or deed of assignment without sequestration or deed of arrangement under Parts XI., XII. of the Bankruptcy Act, 1924-1945 of the Commonwealth (including any Act or Law in amendment therefor or substitution therefor) or otherwise takes advantage of the Laws in force for the time being relating to bankruptcy; or (d) If he is convicted of a criminal offence for which he is liable to be punished by imprisonment for twelve months or more; or (e) If he dies or becomes mentally sick; or (f) If he is removed from office by the Governor in Council on the recommendation or with the approval of the Board for misbehaviour or incapacity; or (g) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Authority or in any way participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom; or (h) If he resigns his office by writing under his hand addressed to the Board and such resignation is accepted by the Governor in Council on the recommendation of the Board. ( 2) Nothing herein contained shall prevent the Chairman from subscribing for, purchasing, holding, selling, or redeeming any of the stock debentures or other loans of the Authority. Substituted by notification published Gazette 10 November 1962, pp. 827-8.
RETIREMENT BY ROTATION 71. Members to retire annually. At the Ordinary General Meeting in the calendar year 1953 and at the Ordinary General Meeting in every subsequent year, one elected member shall retire from office. 72. Order of retirement. The elected member to retire in every year shall be the one 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. As amended by notification published Gazette 10 November 1962, pp. 827-8. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Scb.I 67
73. Filling of vacancies. The V. I. stockholders at the meeting at which a member retires in manner aforesaid shall fill up the vacated office by electing 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. Notice of nomination of member. No person not being a retiring member shall be eligible for election to the office of member at any
1 General Meeting unless he 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. Increase or reduction in members. Subject to the Act and the Agree ment, the V. I. stockholders in General Meeting may from time to time increase or reduce the number of elected members and may also determine in what rotation such increased or reduced number is to go out of office. 76. Casual vacancies. The Board shall have power at any time and from time to time to appoint any person to be an elected member, either to fill 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 ordinary 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. As amended by notification published Gazette 10 November 1962, pp. 827-8. 77. Removal of members from office. The V. I. stockholders may by ordinary resolution in general meeting remove any elected member before the expiration of his period of office (but so that such removal shall be without prejudice to any claim such member may have for damages 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 78. Meetings of Board: Chairman and Deputy Chairman. The members may meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The members may 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. As amended by notification published Gazett<: 10 November 1962, pp. 827-8. 68 Sch.l SOUTHERN ELECTRIC AUTHORITY, ETC, ACTS
79. Quorum. 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. 80. Continuing members may act. The continuing members may act not withstanding any vacancies in the Board, but if and so long as the number of members is 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. 81. The Chairman shall preside at every meeting of the Board at which he is present. If at any meeting the Chairman be not present the members may choose one of their number to be Chairman of the meeting while the Chairman is absent from the meeting. Substituted by notification published Gazette 10 November 1962, pp. 827-8. 82. Powers of quorum. A meeting of the Board for the time being, aL which a quorum is present, shall be competent to exercise all powers and discretions for the time being exercisable by the Authority or the members. 83. Committees. 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. 84. Procedure at committee meetings. The meetings and proceedings of any such committee consisting of two or more members shall be governed by the provisions of these presents regulating the meetings and pro ceedings 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. 85. Acts valid notwithstanding defects. All acts done by any meeting of the Board or of a committee or by any person acting as a member shall as regards all persons dealing in good faith with the Authority, notwith standing that there 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. Seal. The Seal shall not be affixed to any instrument except with 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, ETC. 87. Cheques, etc. All cheques, promissory notes, drafts, bills of exchange and 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. I 69
SECRETARY 88. Secretary. There shall be a Secretary of the Authority who shall be 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. Authentication of documents. Any member or the Secretary or any person appointed by the Board for the purpose shall have power to authenticate any documents affecting the constitution of the Authority (including the 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 else where 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. Accounts. The members shall keep accounts and prepare and send to the V. I. stockholders Revenue Accounts and Balance Sheets in manner required by the Act. 91. (Repealed by notification published Gazette 10 November 1962, pp. 827-8.)
AUDITORS 92. (1) Auditors. 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. (2) Disqualification of auditors. No person being a partner in any business with or an employer or employee of an auditor of the Authority shall be capable of being appointed a member or deputy member of the Authority. 93. Appointment of auditors. A person other than a retiring auditor shall not be capable of being appointed an auditor at a general meeting unless notice of 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. 70 Sch.I SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
94. Minutes. ( 1) The members shall cause minutes to be entered in books provided for the purpose which may be kept on the loose leaf system: (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. (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 prima 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 95. Service of notices. Where a ~otice or other document is sent by post to any V. I. stockholder, service shall be deemed to be effected at the 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. Address for service. All stockholders shall give to the Authority an address within Australia for the service of notices and the address so given shall be 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. Joint holders. In case of joint holders of stock all notices may be given to that one of the joint holders whose name stands first in the register and any notice so given shall be sufficient notice to all the joint holders. 98. Time for service. Any notice or document delivered or sent by post to or left at the registered address of any stockholder in pursuance of the rules 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. Declaration of secrecy. Every member, deputy member, associate member, Secretary, officer, auditor and servant of and any other person engaged or employed on the business of the Authority shall before entering on his duties sign a declaration (if required by the Board) SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. II 71 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. Indemnity. Every member, deputy member, associate member, Manager, 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, 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 bona 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 answer able 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 SCHEDULE [As amended by Proclamations published Gazette 17 Dec. 1955, pp. 1891-2; 15 Dec. 1956, pp. 1933-4; 18 Aug. 1962, pp. 1900-1; 26 Dec. 1964, pp. 1808-10.] 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: 1. Interpretation and definitions. In this Agreement unless the context otherwise requires, the several terms following shall have. the following meanings respectively 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. 72 Sch. II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS lA. ( 1) The Agreement for Sale and Purchase made on the seventh day of April, 1964, between the Authority of the first part, the Brisbane City Council of the second part and the State Electricity Commission of . Queensland of the third part whereby the Authority inter alia sold to the Council the Division 1 undertaking of the Authority therein more particularly described and whereby the Council sold to the Authority the generation and main transmission undertaking of the Council therein more particularly described and whereby it was agreed that the net difference between the amounts payable by the Council to the Authority and by the Authority to the Council as a result of such sales and purchases should be paid to the Council by the Authority over a period of twenty-five (25) years from the first day of July, 1962, and that from the first day of January, 1963, the Authority in accordance with the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1958" should supply to the Council and the Council should take from the Authority all such electricity as is required by the Council as an electric authority is hereby ratified and confirmed. (2) As from the first day of January, 1963, the Authority in accordance with the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1958," shall supply to the Council and the Council shall take from the Authority all such electricity as is required by the Council as an electric authority and the prices to be charged for such supply and the method or methods of charge, subject to the provisions of the said Agreement for Sale and Purchase, shall be determined in accordance with the provisions of this Agreement. ( 3) The Authority shall pay to the Council and the Council shall accept payment from the Authority of the amounts payable by the Authority to the Council pursuant to the provisions of the said Agreement for Sale and Purchase. ( 4) The said Agreement for Sale and Purchase and the transfer of assets thereby affected shall not have the effect of transferring the respective liabilities of the Authority and the Council in respect of loans raised by either and the Authority and the Council respectively shall each remain liable for the loans raised by it and the Governor in Council shall remain liable under any guarantees given in respect of such loans. ( 5) Division 1 of the area of supply of the Authority shall be excluded from the area of supply by substituting a new schedule for the First Schedule as hereinafter provided. (6) No stamp duty shall be payable on the said Agreement for Sale and Purchase. Inserted by Proclamation published Gazette 26 December 1964, pp. 1808-10.
2. Area of supply. (1) The area of supply in which the Authority is authorised to supply electricity shall be the area defined in the First Schedule to this Agreement. (2) The area of supply may be divided into divisions and the number of divisions and the area of the divisions from time to time altered by agreement between the Commission and the Authority. (3) 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. ( 4) 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. II 73
( 5) 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. (6) As well as supplying electricity within the area of supply, the Authority may in accordance with the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1958," supply electricity in bu~ outside the area of supply to any Regional Board or Electric Authority by means of an electric line outside the area of supply, the construction or use of which has been authorised under the provisions of subclause ( 5) of this clause. As amended by Proclamation published Gazette 26 December 1964, pp. 1808-10.
3. (1) Alteration of area of supply. The Governor in Council may by Order in Council under the Act alter the area of supply of the Authority by deleting therefrom any area in which no supply of electricity is given. (2) Adjustment of boundaries. In any case where: (a) The area of supply of the Authority is contiguous with 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 hereinajter 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 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 74 Scb. II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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 compen sation 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. 4. Not to transfer without consent. The Authority shall not without the consent of the Commission transfer to any other public body, company or person or divest itself of any legal powers given or any legal liabilities imposed by the Act or this Agreement. 5. Maximum prices and methods of charge. ( 1) The prices which may be charged by the Authority for the supply of electricity within the area of supply and the prices which may be charged by the Authority for the bulk supply of electricity outside the area of supply and the method or methods of charge shall be those approved or determined by the Commis sion or the Industrial Court on appeal in accordance with the provisions of this Agreement as hereinafter provided. (2) Unless and until otherwise agreed between the Commission and the Authority the prices which may be charged within each division into which the area of supply may be divided pursuant to subclause (2) of clause 2 of this Agreement shall be the same. ( 3) The methods of charge by the Authority for the time being for general supply throughout the area of supply shall be the same. As amended by Proclamation published Gazette 26 December 1964, pp. 1808-10. 6. Alteration of prices and· method of charge. ( 1 ) The prices to be charged by the Authority and the method or methods of charge may from time to time be altered in accordance with the provisions of this Agreement, and until so altered the existing prices and methods of charge will apply. (2) The prices to be charged by the Authority for the supply of electricity in bulk to any Regional Board or Electric Authority and the terrns and conditions of supply shall be in accordance with the provisions of any agreement entered into by the Authority with such Regional Board or Electric Authority with the prior approval of the Commission and the SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Scb. II 75 provisions of section 24A of "The State Electricity Commission Acts, 1937 to 1964," shall apply to such agreement as if the Authority were an Electric Authority. Subject to any such agreement, the Commission (or the Industrial Court on appeal) may determine the price or prices to be paid to the Authority for electricity in bulk and may determine the method or methods of charge in accordance with the provisions of this Agreement and subject to this Agreement and any such agreement as aforesaid the provisions of section 17 A of the said Acts shall have effect as if the Authority were an Electric Authority. ( 3) (a) In any other case, if the Authority proposes to alter the prices charged by it or the method or methods of charge it shall forward to the Commission notice setting out the alterations which it proposes. (b) If the Commission approves of such alterations or if the Com mission and the Authority agree upon other alterations, the Commission shall thereupon make a determination altering the prices or method or methods of charge in accordance with the provisions of this Agreement. (c) 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. (d) 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. (e) Notice of such altered methods of charge or prices shall be given by the Authority by advertisement published in one or more newspapers circulating within the area of supply within seven days from the date of publication in the Gazette of such determination. (f) Notwithstanding that no notice has been given by the Authority under the provisions of paragraph (a) hereof the Commission may at any time make a determination in accordance with the provisions of this Agreement and nothing in this clause shall prevent the making by the Commission (or the Industrial Court on appeal) of such a determination. (g) The Authority shall have the same right of appeal to the Industrial Court from any determination of the Commission pursuant to this Agreement as in the case of a determination by the Commission under subclause (3) of section 17 of "The State Electricity Commission Acts, 1937 to 1964." (h) In relation to any such determination the provisions of sections 18, 19, 20 and 21 of "The State Electricity Commission Acts, 1937 to 1964," shall apply as if the Authority were an Electric Authority. ( 4) For the purpose of any determination of prices or alteration of the method or methods of charge, whether under the provisions of sub clause ( 2) hereof or subclause ( 3 ) hereof, or otherwise, subsection ( 1) of section 17 and section 22 of "The State Electricity Commission Acts, 1937 to 1964," and section 41B and the Schedule of "The Electric Light and Power Acts, 1896 to 1962," shall have no application and the Commission and the Industrial Court on appeal shall have no regard to such provisions but shall be guided by the provisions of this Agreement and in particular of clause 7 hereof. 76 Sch. II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(5) 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 pursuant to Agreement between the Minister and the Authority any such area is included in any division of 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 to such area. Substituted by Proclamation published Gazette 26 December 1964, pp. 1808-10. Acts referred to: State Electricity Commission Acts, 1937 to 1965. Electric Light and Power Acts, 1896 to 1965. 7. Method of fixing prices. The prices to be charged by the Authority for the supply of 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. (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; (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.
8. Adjustments to reserve fund. If in any year the whole of the income and revenue of the Authority 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, such excess shall be transferred to the reserve fund. If in any year the 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 shall be transferred from the reserve fund. 9. No profits to be distributed. The income and revenue of the Authority shall be applied only in accordance with the provision of this Agreement and no profits of the Authority shall be distributable to or amongst the members of the Authority or any other persons whatsoever.
10. Variable interest stock. (1) The Authority shall issue variable interest stock to the holders of the shares in the Company on the proclaimed day in 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. · SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sell. II 77
(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 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 thousandtuine hundred and fifty-three by the issue of secured debentures or inscri!;ed stock and which has not been repaid. ( 5 ). Except as provided by the Act or by subclause ( 1) or subclause ( 4) of this clause V. 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 V. I. stock shall bear interest at the standard rate. ( 8) The issue by the Authority in or about the months of May and June in the year one thousand nine hundred and fifty-six of V. I. stock amounting to Two million pounds (£2,000,000) of which V. I. ,stock amounting to approximately Eight hundred and ninety-three thousand and seventy-six pounds (£893,076) was issued to persons who were at the time of such issue holders of V. I. stock and the balance namely V. I. stock amounting to approximately One million one hundred and six thousand nine hundred and twenty-four pounds (£1,106,924) was issued to persons who were not at the time of such issue holders of V. I. stock was not made in the manner provided by this Agreement and the Rules but the parties hereto agree that such issue of V. I. stock shall be validated and hereby agree accordingly. Each and every person to whom any such V. I. stock as aforesaid shall have been so issued shall be and shall always have been a lawful holder of V. I. stock of the Authority for all purposes. As amended by Proclamation published Gazette 15 December 1956, p. 1933. 11. Interest payable to holders of V.I. stock issued pursuant to s. 16 (2) of the Act. Interest from the first day of August, one thousand nine 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 of variable interest stock issued pursuant to subsection two of section sixteen of the 78 Scb.ll SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
Act to the same amount as such holders would have been entitled to receive by way of dividend to the thirty-first 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. Interest at the standard rate. ( 1) Subject as hereinafter provided, interest at the standard rate for any year shall be two pounds per centum ( £2% ) per annum above the effective annual rate of interest (after con sideration of any 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 discountor premium) 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 ( 1Os. % ) the standard rate of interest for any year shall be not less than one pound ten shillings per centum (£1 lOs. %) 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 Authoirty has the right to issue V. I. stock under the provisions of subclause ( 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.ll 79
( 4) The standard rate of interest shall be calculated to the nearest penny (1d.) per one hundred pounds (£100). 13. Payment of interest. The first payment of interest upon V. I. stock shall be made 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. There after 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. 14. Conversion of V.I. stock into inscribed stock (1) The Minister upon being directed so to do by the Governor in Council upon the recommenda tion of the Commission and upon giving at least six months' notice in writing to the Authority may 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 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: (a) 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. (b) 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- ( a) 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; (b) 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. 80 Sch.ll SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
(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. Date of conversion. The rights conferred by clause fourteen hereof may be exercised on the thirtieth day of June, one thousand nine hundred and seventy-five, and on the thirtieth day of June in such later year or years as the Governor in Council may by Order in Council from 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. As amended by Proclamation published Gazette 18 August 1962, pp. 1900-1.
16. Provisions after date of conversion. At any time after inscribed stock has been issued to the 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.
17. ( 1) Consent of Commission required for acquiring lands and works. Subject as hereinafter provided the Authority shall at all times before acquiring or establishing any lands or works to be used for the purposes of its undertaking or extending or adding to any existing works so used (whether by way of replacement of any 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. (2) Routine works. Unless the Commission shall otherwise direct routine 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch. II 81
· ( 5) Pipes owned by the Authority and constructed with the approval of the Commission for the purpose of supplying water to or from any part of the undertaking of the Authority shall remain the property of the Authority and form part of the works and undertaking of the Authority notwithstanding that such pipes or some of them may have been or may be constructed by a Local Authority under the provisions of "The Local Government Acts, 1936 to 1963," and/or are connected with or from an extension of the pipe lines or other works of such Local Authority or any other Local Authority. As amended by Proclamation published Gazette 26 December 1964, pp. 1808-10. 18. Depreciation. ( 1 ) The Authority shall provide depreciation in respect of the works from time to time forming part of the Authority's under taking 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 third 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"); (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 82 Sch.ll SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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. As amended by Proclamation published Gazette 26 December 1964, pp. 1808-10. 18A. The duty of the Authority under paragraph (b) of section 45 of "The Southern Electric Authority of Queensland Acts, 1952 to 1958," shall extend to works found necessary for the supply of electricity in and to the area of supply and any other area which can be most economically served by such works. Inserted by Proclamation published Gazette 18 August 1962, pp. 1900-l. 19. Subsidiary company. (1) The Authority will sell and/or dispose of the shares held by it in the subsidiary and/ or the shares of any subsidiary thereof and/ or the businesses or activities of the subsidiary and of any subsidiary thereof in the most economical manner and so that losses on disposal shall be kept to a minimum as soon as possible and in any event not later than the first day of February 1958 PROVIDED THAT if the Authority recommends to the Minister and satisfies the Minister that it would be in the public interest so to do the Minister may extend the time so fixed for the sale and/ or disposal of any such shares and/ or any such businesses or activities. For the purpose of such disposal the Authority may wind up the affairs of the subsidiary or any subsidiary thereof or of any such businesses or activities and with the consent of the Minister may acquire any shares held by the subsidiary in any subsidiary thereof or any of the property or assets of the subsidiary or any subsidiary thereof. (2) Pending such sale or disposal as aforesaid the Authority will manage and control the subsidiary and every subsidiary thereof in the interests of the Authority and to the exclusion of any separate interest of the Variable Interest stockholders. ( 3) Pending such sale or disposal as aforesaid neither the subsidiary nor any subsidiary thereof will without the consent of the Minister engage in any business other than a business of a nature or kind being carried on by the subsidiary or any subsidiary thereof on the proclaimed day and notified to the Minister. ( 4) Pending such sale or disposal as aforesaid the Authority will not without the consent of the Minister lend money to the subsidiary or any subsidiary thereof or guarantee any of the contracts or obligations of the subsidiary or any subsidiary thereof- ( a) 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 or (b) If the effect thereof would be to increase the tota1 of the paid up value of the shares held by the Authority in the subsidiary, of the amounts so lent by the Authority and of the contingent liability of the Authority under such guarantees, beyond the present total thereof. The Authority will not without the consent of the Minister take up any further shares in the subsidiary. ( 5) All losses incurred by the Authority upon such sale or disposal as aforesaid will be written off by the Authority by transfer from the Reserve Fund of the Authority not later than the thirtieth day of June, 1968 and in the meantime any of such losses may be temporarily capitalised by the Authority. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Scb.ll 83
( 6) There shall be written off in each and every year an amount equal to the amount of the saving in interest for the year calculated in accordance with sub-clause (7) of this clause or such greater amount which the Minister may approve. (7) The Authority will keep a progressive record of the amount of Variable Interest stock which the Authority would have been or would be entitled to issue under the provisions of clause 10 of this agreement without the modification hereafter by sub-clause ( 8) provided and of the Variable Interest stock actually issued by the Authority. At the end of each year the Authority will calculate the cumulative total of the saving in interest to the Authority thereon at a rate equal to the difference between interest at the standard rate for the year and interest at the average rate of interest payable on loans issued by the Authority during the year and of interest at the ruling rate on such saving. (8) The amount of Variable Interest stock which the holders of Variable Interest stock for the time being or their nominees or assignees have the right to subscribe and pay for and which the Authority has the right to issue pursuant to clause 10 of this agreement will be reduced in manner hereinafter provided. Such reduction will have effect until such time as the cumulative total of the saving in interest calculated in accordance with the provisions of sub-clause (7) of this clause equals or exceeds the total of the accumulated deficiency and of the losses incurred by the Authority on such sale or disposal as aforesaid. Until such time clause 10 of this agreement will be modified accordingly but after such time the provisions of clause 10 will have full effect without this modification. If at any time the total of the accumulated deficiency and of any amounts written off by transfer from the Reserve Fund in accord ance with sub-clause ( 5) of this clause is greater than the cumulative total of the saving in interest as aforesaid the amount of Variable Interest stock which may be issued subscribed and paid for in accordance with the provisions of clause 10 of this agreement as aforesaid will be reduced by the amount of such excess and the Minister will determine what amount (if any) of Variable Interest stock may be so issued subscribed and paid for. Nothing in this clause will in any way restrict the issue of Variable Interest stock with the consent of the Governor in Council pursuant to the provisions of clause 10 of this agreement. (9) For the purpose of enabling or facilitating the better carrying into effect of any of the provisions of this clause, the subsidiary may by special resolution at the request of the Authority and with the consent of the Minister reduce its share capital by cancelling any paid up share capital held by the Authority which is lost or unrepresented by available assets and by paying off any paid up share capital held by the Authority without being required to comply with any of the formalities required by "The Companies Act of 1931," and without any application to the Supreme Court of Queensland and such reduction of capital will be effective when such resolution is filed with the Registrar of Companies. (10) For the purposes of this clause: (a) "Subsidiary" means Queensland Industries Pty. Limited its successors and assigns (b) The "accumulated deficiency" means the amount at the time of such sale or disposal by which the cumulative total of the amounts specified in subclause (2) of the former clause 19 of this agreement exceeds the cumulative total of the amounts specified in .sub-clause (3 ) thereof. 84 Scb.ll SOUTHERN ELECTRIC AUTHORITY, ETC.; ACTS
(c) "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 in that year. ( 11) 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 Variable Interest stockholder or any share holder of Queensland Industries Pty. Limited or any other person whatsoever. Substituted by Proclamation published Gazette 17 December 1955, pp. 1891-2. Act referred to: Companies Act of 1931, see now the Companies Acts, 1961 to 1964. 20. Undertaking outside Queensland ( 1 ) The following provisions shall apply to such part of the undertaking of the Authority as is for the time being outside the State of Queensland subject always to the laws of the place in which 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 Agree ment; (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; (f) 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.ll 85
(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.
21. Members of Authority. ( 1) In addition to the Chairman there shall be seven members of the Authority of whom five shall be elected members and two shall be additional members. (2) The holders of V. 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 and the casual vacancy has not been filled after notice by the Minister on the recommendation of the Commission has been given to the Authority requiring the Authority, within such time as is specified in the notice, to fill the casual vacancy, 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 appoint ment of an elected member in accordance with the rules. ( 6) The Governor in Council may, from time to time, on the recommendation of the Authority appoint as Chairman of the Authority, in accordance with the Rules, for a period not exceeding seven years some person whose wide experience in the electricity supply industry and qualifications make him suitable for appointment as the Chairman and Chief Executive Officer of the Authority. (7) On any vacancy occurring in the office of Chairman the Authority shall as soon as possible recommend to the Governor in Council the appointment of some person qualified as aforesaid to fill the vacancy. · · ( 8) If, because of the temporary absence of the Chairman from any cause, the Authority considers it desirable to appoint some person qualified as aforesaid to be a deputy member of the Authority, it shall recommend accordingly to the Governor in Council and may also recommend that such person act as Chief Executive Officer of the Authority; and the Governor in Council may make an appointment in accordance with such recommendation for the period of such absence. (9) If the Commissioner after consultation with the Authority considers that there has been unnecessary delay in making a recommenda tion under subclause (7) or subclause (8) hereof he may advise the Minister accordingly. The Minister may thereupon by notice in writing to the Authority require the Authority within such time as is specified in the notice to make a recommendation in accordance with the provisions 86 Sch.ll SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
of subclause (7) or subclause (8) hereof whichever is applicable and if the Authority fails so to do the Governor in Council may make an appointment without receiving the recommendation of the Authority. As amended by Proclamations published Gazette 18 August 1962, pp. 1900-1, and 26 December 1964, pp. 1808-10. Executed the day and year aforesaid. Signed by of the State of Queensland for and on behalf of } the said State in the presence of: The seal of the Southern Electric Authority of } Queensland was hereunto affixed pursuant to a resolution of the Board in the presence of Member. a member thereof and of Secretary: Secretary.
FIRST SC~tnJE AREA OF SUPPLY The Shire of Pine Rivers; The City of Redcliffe; The Shire of Caboolture; The Shire of Landsborough; The Shire of Maroochy; The Shire of Noosa; The Shire of Widgee; The City of Gympie; The Shire of Kilcoy; The Shire of Esk; The Shire of Crow's Nest; The Shire of Jondaryan; The Shire of Millmerran; The Shire of Rosenthal; The Shire of Glengallan; The Shire of Boonah; The Shire of Beaudesert; The Shire of Albert; The City of Gold Coast; The Shire of Redland, but excluding Coochiemudlo, Peel, Bird, and Goat Islands and that part of Stradbroke Island within the Parish of Stradbroke; The Shire of Pittsworth; The Shire of Clifton; The Shire of Cambooya; The Shire of Allora; The Shire of Moreton; The City of Ipswich; The Shire of Laidley; The Shire of Gatton; The City of Warwick; The City of Toowoomba; SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.H 87
The Shire of Stanthorpe, but excluding that portion of the area of the parish of Tenterfield bounded by a line commencing at the Queensland New South Wales border at the south-western corner of portion 45v; thence by the western boundary of the parish to its junction with the Railway Reserve; thence across the Railway Reserve by a projection of such boundary line; thence by the southern and eastern boundaries of portion 7 6 to its north-eastern corner; thence by a line joining the north eastern corner of portion 7 6 to the north-western corner of portion 71 v; thence by the northern boundaries of portions 71v, 81, 84 and 127, and the eastern boundary of portion 127, to the Queensland-New South Wales border; thence generally westerly by such border to the point of commence ment; The Shire of Rosalie, but excluding the area commencing at the junction of the Great Dividing Range and the Cooyar Range and bounded thence by the Cooyar Range north-easterly to the south-west corner of R. 467 (State Forest), parish of Cooyar, by the south boundaries of that reserve and portions 451, 452, and 101, by the east boundaries of portions 101, 283 and 445, by the south and east boundaries of portion 444, by the southern boundary of R. 466 (State Forest), by the west boundary of portion 52, by the north-west and north-east boundaries of portion 50v to Y arraman Creek, by that creek downwards to the west boundary of R. 54 (Camping and Water Reserve), by the west and south boundaries of that reserve, by the south and east boundaries of portion 376 to Y arraman Creek, again by that creek downwards to the north-west corner of portion 39v, by the north boundary of that portion, by the west and south boundaries of portion 1, by the eastern boundary of the parish of Cooyar southerly to the north-east corner of portion 90, by the north and south-west boundaries of that portion, by the north, west, and south boundaries of portion 4 7, by the south-east boundary of portion 104 to the Blackbutt Range, by that range and the Great Dividing Range south westerly and north-westerly to the point of commencement. Substituted by Proclamation published Gazette 26 December 1964, pp. 1808-10.
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 W aminda Street to Grenville Street; Grenville Street; Foxton Street from Grenville Street to Blaine Street; Blaine Street; Bennett's Road, from Balmoral Street (formerly 88 Sch.II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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 comer 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 approxi mately 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 approximately 2·70 chains south along Stark Lane to the intersection of Stark Lane and Richmond Road. 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 comer 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 Y eerongpilly to The Esplanade, St. Lucia, Parish of SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.ll 89 ------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 lndooroopilly 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 toBrisbane River; across the Brisbane River from both Unnamed Road and Portion 91, Parish of Moggiil 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 comer of Portion 85, Parish of Moggill, thence across the Brisbane River to the South-east comer 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 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 A venue, 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 comer of Resubdivision 5 of Subdivision 31 of Portion 345, thence by Gravel Pit Road in a westerly direction to the intersection with Lo:ffs Road, at the eastern corner of Resubdivision 2 of Subdivision 34 of Portion 345, thence by Lo:ffs 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 comer 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. 90 Sch.ll SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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. 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 A venue, 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 1 0·9 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 comer 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 Resub division 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 Enogger.a, 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 Sub division 132 of Portion 6, Parish of Kedron, County of Stanley to enter SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.ll 91
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. Murphy Road from Gymgie 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 Sub division 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 Resub division 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 Resub divisions 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, 92 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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 Cripb 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 e:iJ.ter 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 Po~ion 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 Subdivi~ions 7, 8 and 9 of Portion 168A to cross Bleasley Road, thence to trav,erse 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 4 7, and Resubdivisions 1 and 2 of Subdivision 13 of Portion 15, Parish of Yeerongpilly, to cross Malbon Street 1;1nd to enter Subdivision 6 of Portion 15, Parish of Yeerongpilly, all County of Stanley, thence for a distance of 50·09 chains be1;1ring 227 degrees through Subdivisions 7 and 8 of Portion 15, and Subdivisions 2 and l 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, aU 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 Porti0n 33A and Subdivision 9 of Section 6 of Portion 33A, to cross Beenleigh Road, thence to traverse Subdivision B (Easement) of Resub division 28 of Subdivision l 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 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.U 93
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 comer 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 Resub division 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, Sub divisions 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 Stovedale 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 Sub division 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 comer of the above property, 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 comer 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 D 94 Scb;II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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 qegrees 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 7 5 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 Sub division 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 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 comer 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.U 95 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 comer 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 Yeerong pilly, 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, 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 more 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 96 Scb.H SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS 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 17 4, 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 and Subdivision 2 of Portion 99A, Parish of Yeerongpilly, County of Stanley, at a point on the boundary 1 chain more or 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 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, SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Sch.ll 97 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 17 6 to 177 of Subdivision 1 of Portion 80 and Subdivision B of Portion 81, Parish of Oxley, Country of Stanley, and across Moffatt Street to enter Resub division 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, 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 A venue 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.} 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 Sub divisions 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 E 98 Sch. II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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 ~45, 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 less north of. the boundary of Resubdivision 3 of Subdivision 34 and Resub division 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, <;:ounty 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 ~outh of the boundary of Subdivision 11 of Portion 345 and Subdivision 10 of Portion 345, thence for a. distance of 50·91 chains more or less westerly and noJ;th-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 inore or less south of Pullen Creek, thence for a distance of 89·1 0 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 R.esubdivision 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 SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Scb.II 99 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 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 Bognar 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 f. or 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, . Resub divisions 1 to 3 of Subdivision .2 of Portion 260, across Box Street, through Subdivisions 11 to 14 of Portion 261 and Subdiyision 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 arid 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 100 Sch. II SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS
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, l"ortion 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 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 comer of Subdivision 3 of Portion 404 and the south-westerly comer 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 1'8, 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 2~5 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 comer 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. SOUTHERN ELECTRIC AUTHORITY, ETC., ACTS Scb.H 101
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 SCHEDULE TABLE OF DEPRECIATION
First Column Second Column Third Column Rate per Centum Percentages of per annum on Original Book Class of Work Initial Value Cost Residual Values Plant and Machinery Generating Stations 5 Nil Plant and Machinery- Substations . . . . 4 Nil Testing Instruments .. 4 Nil Buildings- Other than Residences and Office, Store and Garage .. 2 Nil Residences .. 3 20 Office, Store and Garage .. 2 20 Overhead Electric Lines and Services 2 10 Underground Electric Lines and Services 2 10 Public Lighting-Street Lighting Mains 2 10 Fittings and Brackets 7·5 Nil Meters...... 4 Nil Furniture, Fixtures and Fittings 5 Nil Office Machines- Punch Card and Associated Equipment 15 Nil Other than Punch Card 10 Nil Motor Vehicles 20 20 Other Vehicles ...... 5 Nil Plant in the nature of Major Tools used in Overhead and Underground Lines and Substation Work 10 Nil Electric Locomotive and Associated Equipment .. 5 Nil Railway Tracks and Waggons, &c. 1 10 Radio Communication System 10 Nil Plant and Equipment-Trading 5 Nil Land Nil Leases .. Proportional Nil part of any premium paid New Farm Generating Station-Special Rates- Land ...... Nil Buildings (including Plans) .. 2·5 Nil Plant and Machinery (including Tools) 5 Nil Railway Sidings 2·5 Nil Wharves 2 Nil Furniture .. 5 Nil Any other Works Rates to be Percentages to agreed upon be agreed upon between the between the Commission Commission and the and the Authority Authority
Substituted by Proclamation published Gazette 26 December 1964, pp. 1808-10.
FOURTH SCHEDULE Repealed by Proclamation published Gazette 26 December 1964, pp. 1808-10. 102 ORDERS IN COUNCIL
ORDER IN COUNCIL At the Executive Buildings, Brisbane, the fifteenth day of October, 1953 Present: His Excellency the Governor in Council WHEREAS by "The Southern Electric Authority of Queensland Act of 1952" the Governor in Council may, from time to time, by Order in Council, extend the area of supply of the Southern Electric Authority of Queensland, as defined in the Agreement made the twelfth day of January 1953, between the State of Queensland and the Southern Electric Authority of Queensland, to include any other areas: Now, therefore, His Excellency the Governor, with the advice of the Executive Council doth order as follows:- The area of supply of The Southern Electric Authority of Queens land as defined in the First Schedule to the Agreement made the twelfth day of January, 1953, between the State of Queensland and the Southern Electric Authority of Queensland shall be and is hereby extended to include that part of the area of the Shire of Crow's Nest the boundaries whereof are delineated in the First Schedule hereto and that part of the area of the Shire of Esk (formerly forming portion of the Shire of Craw's Nest). the boundaries whereof are delineated in the Second Schedule hereto, which said areas shall be and be deemed to be part of Division 2 of the area of supply of The Southern Electric Authority of Queensland. And the Honourable the Secretary for Mines and Immigration shall give the necessary directions herein accordingly. R. B. McALLISTER; Clerk of the Council.
FIRST SCHEDULE Commencing at the confluence of Googa ·Googa and Emu Creeks, and bounded thence by the eastern watershed of Googa Googa Creek northerly to the Blackbutt Range by that range south-westerly to the south-west corner of portion 40v, parish of Taromeo, by the boundary of the parish of .Cooyar south-westerly to the north-east corner of portiox: 90, by the north and south-west boundaries of that portion, by the north, west, and south boundaries of portion 47, by the south~east boundary of portion 104, all in the parish of Cooyar, by the Blackbutt Range southerly to the north corner of portion '86v, parish of Emu Creek, again by the boundary of the parish of Cooyar south-westerly to the north corner of portion 347v, parish of Djuan, by the north-east boundary of that portion to its south-east corner, -by the boundary of the parish of Djuan south easterly to the intersection of the south-western boundary of portion 237v, by the Great Dividing Range, by that range south-easterly to the south-west corner of portion 159v, by the Great Dividing Range south easterly and north-easterly to the south-west corner of portion 216v, by the boundary of the parish of Djuan north-easterly to the north-west ·corner of portion 2721, parish of Douglas, by the west boundaries of ORDERS IN COUNCIL 103
portions 2721 and 2730, by the south-western boundary of portion 2730, by the south boundary of portion 2780, by the road north-east intersecting that portion and forming the south-east and eastern boundaries of portion 1384 to the north-west corner of subdivision 1 of portion 1112, by the northern and north-eastern boundaries of the parish of Douglas to the Great Dividing Range at the east corner of portion 554, by that range easterly to portion 20v, parish of Craw's Nest, by the western and north boundary of that portion, by the west boundaries of portions 19v and 21v, by the north boundaries of portions 21v, 23v, 25v, and 28v, by the south boundary of portion 120 to Perseverance Creek by that creek downwards to its confluence with Cressbrook Creek at the south-east corner of portion llOv, all in the parish of Craw's Nest, by the western and northern boundaries of the parish of Deongwar to the south-east corner of portion 90v, parish of Anduramba, by the eastern boundaries of portions 90v and 89v, by the east and north boundaries of portion 78v to Anduramba Creek, by that creek upwards to portion 2, by the east boundary of that portion, by the south-east and east boundaries of portions 66v, 67v, and 69v, all in the parish of Anduramba, by .the south-west boundary of portion 22, parish of Eskdale, to Maria Creek, by that creek downwards to the south termination of the east boundary of portion 15, by the east boundary of that portion, by the south-west, south, south-eastern, and north boundaries of portion 34, parish of Nukinenda, by the east and north boundaries of portion 23, by the west and north boundaries of portion 8v, by the eastern and northern boundaries of portions 4v, 3v, and 42, by Nukinenda Creek, all in the Parish of Nukinenda, downwards to Emu Creek; and thence by that creek upwards to the point of commencement.
SECOND SCHEDULE 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. Published Gazette 17 October 1953, p. 749.
ORDER IN COUNCIL At the Executive Buildings, Brisbane, the sixth day of January, 1955 Present: His Excellency the Governor in Council WHEREAS by section 9 of "The Southern Electric Authority of Queens land Acts, 1952 to 1954," the Governor in Council may, from time to time, by Order in Council, extend the area of supply of The Southern Electric Authority of Queensland, as defined in the agreement made the twelfth day of January, 1953, between the State of Queensland and The 104 ORDERS IN COUNCIL
Southern Electric Authority of Queensland, to include any other area. And whereas by Section 19 A of such Acts the undertaking and assets of The Toowoomba Electric Light and Power Company Ltd. have been transferred to and vested in the Authority and the area of supply of the Authority has been extended to include the area in which the Toowoomba company was authorised to supply electricity as an electric authority immediately before the coming into operation of that section and by such section it is provided that such area of supply may be defined by Order in Council pursuant to section 9 of the Acts. Now therefore His Excellency the Governor, with the advice of the Executive Council, doth order as follows:- The area of supply of The Southern Electric Authority of Queens land, as defined in the first schedule of the agreement made the twelfth day of January, 1953, between the State of Queensland and The Southern Electric Authority of Queensland, and extended by Order in Council made the fifteenth day of October, 1953, shall be and is hereby further extended to include the areas defined and delineated in the schedule hereto, which said areas shall be and be deemed to be part of Division 2 of the area of supply of the Southern Electric Authority of Queensland. And the Honourable the Secretary for Mines and Immigration shall give the necessary directions herein accordingly. H. 0. MUHL, Acting Clerk of the Council.
THE SCHEDULE THE CITY OF TOOWOOMBA, excluding portion of the city 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 (b) 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; (b) 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. ORDERS IN COUNCIL 105
THE CITY OF WARWICK. 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 comer 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 comer 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 comer of that portion. THE SHIRES OF JONDARYAN, PITTSWORTH. THE SHIRE OF CAMBOOYA, excluding 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. THE SHIRES OF CLIFTON, ALLORA, GLENGALLAN. THE SHIRE OF STANTHORPE, but excluding that portion of the area of the parish of Tenterfield bounded by a line commencing at the Queensland-New South Wales border at the south-western comer of portion 45v; thence by the western boundary of the parish to its junction with the railway reserve; thence across the railway reserve by a projection of such boundary line; thence by the southern and eastern boundaries of portion 76 to its north-eastern comer; thence by a line joining the north-eastern comer of portion 76 to the north-western comer of portion 71v; thence by the northern boundaries of portions 7lv, 81, .84 and 127, and the eastern boundary of portion 127, to the Queensland-New South Wales border; thence generally westerly by such border to the point of commencement. THE SHIRES oF MILLMERRAN, RosENTHAL. PART OF THE SHIRES OF ROSALIE AND CROWS NEST, commencing at the south-west comer of portion 40v, parish of Moola, and bounded thence by the southern boundary of that parish to the north-east comer of portion 76, parish of lrvingdale, by the east boundary thereof south thirty-two chains twenty links, by a line east intersecting portion 75 to its eastern boundary, by that boundary to the north-east comer of the portion, by the boundary of the parish of Moola north-easterly to its east comer, by the north-west boundary of portion 203v, parish of Rosalie, to its north comer, by the north-eastern boundaries of the parishes of Rosalie and Milton to the Great Dividing Range at the west comer of portion 347, parish of Djuan, by that range north-easterly and south-easterly to the north comer of portion 47v, parish of Douglas, by the eastern and south boundaries of portion 47v, by the east and south-east boundaries of 106 ORDERS IN COUNCIL portion 3721 and by the east boundary of portion 201, by the north western boundaries of portion 4087 and 45v, by the eastern boundaries of portions 2738, 2739, 2523, 2387, 3700, 2380, and 45v, parish of Goombungee, by the south boundary of portion 45v, and by the south east and east boundaries of portion 1874 to its south-east corner, by the road intersecting portions 996 and 845 to its crossing by the right branch of Gomaren Creek, by that creek downwards and by Cooby and Meringandan Creeks upwards to the north-west corner of portion 3220, parish of Meringandan, by the north and south-east boundaries of that portion, by the eastern boundaries of portions 1304, 1081, and 275, and portion 52, parish of Toowoomba, by the north-east and east boundaries of portion 18, by the north and east boundaries of portions 20, 413, and original portion 19, to the Western Railway, by that railway westerly to a point south from the south-west corner of portion 132, by a line thereto, by the west boundaries of portions 132 and 69v, by the south and west boundaries of portion 82v, by the west and north boundaries of portion 83v, by the north-east boundary of portion 84v, by the south boundary of portion 85v, west five chains sixty-three and three-tenth links by lines north four chains forty-seven and one-half links and east three chains thirty and seven-tenth links, by the eastern and north boundaries of portion 85v, by the north and west boundaries of portion 86v, by the south bound ary of portion 90v to its south-west corner, by a line we!lterly to the south east corner of portion N.168, parish of King, by the south and west boundaries of that portion, by the north boundary of portion N.173, by the south boundary of portion 407, parish of Watts, by the south and west boundaries of portion 420, by the south boundary of portion 74, by the east and south boundaries of portion 422, by the south boundaries of portions 418 and 419, by the east, north, and west boundaries of portion 674 and a line south to the Western Railway, by that railway north-westerly to the south-east corner of portion 153, parish of Wienholt, by the east and north boundaries of that portion, by the eastern boundaries of portions 231 and 122 to Myall Creek, by that creek downwards to a point south from the south-east corner of portion 320, parish of Irvingdale, by a line intersecting portion 63v thereto, by the east boun daries of portions 320, 1469, 1470 and 1, by the south boundaries of portions 1516 and 1515, by the east boundary of portion 1515, by the north boundary of portion 1397, by the south-west boundaries of portions 1537, 62v, and 96, and by the west boundary of portion 96 and a line in continuation north to the point of commencement. Published Gazette 8 January 1955, pp. 34-5. REGULATIONS 107
THE SOUffiERN ELECTRIC AUTHORITY OF QUEENSLAND REGULATIONS Published Gazette 16 March 1957, p. 910. Department of Mines, Brisbane, 14th March, 1957. HIS Excellency the Administrator of the Government, with the advice of the Executive Council and upon the recommendation of the State Electricity Commission of Queensland, in pursuance of "The Southern Electric Authority of Queensland Acts, 1952 to 1954," has been pleased to make the following Regulations. G. H. DEVRIES.
WHEREAS, by "The Southern Electric Authority of Queensland Acts, 1952 to 19.54," it is among other things enacted that the Governor in Council may make Regulations for all or any of the purposes therein mentioned and that such Regulations may adopt or exclude regulations made under "The Electric Light and Power Acts, 1896 to 1946": Now; therefore, His Excellency the Administrator of the Government, with the advice of the Executive Council, in pursuance of the powers therein vested in him, has been pleased to make the following Regulations:- THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND REGULATIONS 1. These Regulations may be cited as "The Southern Electric Authority of Queensland Regulations." 2. ( 1) Unless otherwise provided "The Electric Light and Power Regula tions of 193 8" (other than the Regulations listed in subclause ( 1) of Regulation 3 of these Regulations) are hereby adopted and, subject as hereinafter provided, tht:: same shall be incorporated in and form part of these Regulations as if they were set out at length herein. (2) The term "electric authority" whenever used in the said Regula tions shall include The Southern Electric Authority of Queensland. ( 3) The said Regulations shall be read subject to the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1954," and all Regulations thereunder (including these Regulations) and to the extent of any inconsistency such provisions shall prevail.
3. ( 1) The following Regulations forming part of "The Electric Light and Power Regulations" are expressly excluded from these Regulations namely Regulation 4, Regulations 63 to 83 inclusive, and Regulations 85 to 115 inclusive. (2) Electricity for the purposes of general supply shall be alternating current having a frequency of fifty cycles per second provided from either a three-phase system having a voltage of four hundred and fifteen volts between any two-phase conductors and two hundred and forty volts between any phase conductor and the neutral conductor or a single-phase system having a voltage of two hundred and forty volts between conductors except where supply is now given by way of direct current which supply may be continued and in the case of such direct current supply general supply shall be given at two hundred and twenty or four hundred and forty volts. The neutrals of both systems shall be earthed. 108 REGULATIONS
The Authority may alter the system of supply from direct current to alternating current, provided however, that all motors and apparatus the property of the consumers, which may be required to be replaced for use with alternating current, must be replaced by the Authority by motors and apparatus of equal ,power and driving (or driven) speed and in equal physical and mechanical condition without cost to such consumers, and to their satisfaction. Where alternating current mains are not laid, it shall be at the Authority's option to supply consumers with direct current energy; but if, and when, the Authority alters the system of supply to alternating current, the installation so connected shall be dealt with in a manner similar to existing direct current installations, unless the consumer or consumers have already agreed with the Authority to change over their installations to alternating current at their own cost.
( 3) During the whole of the period when a supply of energy is required to be maintained by the Authority in its electric lines under the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1954," it shall be maintained at a constant pressure (hereinafter termed "the standard pressure") but the standard pressure may be different for different parts of the electric lines. Unless changes in pressure occur so frequently as to cause unsteadi ness in the supply the Authority shall be deemed to have complied with the provisions of this clause and with the requirements of the Acts so long as the variation in the pressure at any consumer's terminals does not under any conditions of the supply which the consumer is entitled to receive exceed the following limits:- (1) In the case of city, town, urban, and closely settled areas: Four per cent. from the declared constant pressure in the case of extra low, low, and medium pressures; and three per cent. from the declared constant pressure in the case of high and extra high pressures. (2) In the case of rural and sparsely settled areas: Six per cent. from the declared constant pressure in the case of extra low, low, and medium pressures; and five per cent. from the declared constant pressure in the case of high and extra high pressures. ( 4) Unless otherwise directed by the Commission, the Authority shall be entitled to construct substations, electric lines, and works above ground and shall not be required to make a return in Form A or Form B under the provisions of Regulations 21 or 31 of "The Electric Light and Power Regulations of 1938." ( 5) The Authority may discontinue the supply of electricity to any consumer or other person in any circumstances in which an electric authority is authorised to discontinue the supply of electricity under the provisions of "The Electric Light and Power Acts, 1896 to 1946," or otherwise.
4. ( 1 ) Subject as aforesaid, the several terms to which meanings are assigned under "The Southern Electric Authority of Queensland Acts, 1952 to 1954," shall have the same respective meanings in these Regulations. REGULATIONS 109
(2) The term "routine works" shall mean and include all routine works listed in subclause (2) of clause 32 of the agreement made the thirteenth day of July, 1939, between City Electric Light Company Limited and The State Electricity Commission of Queensland, namely:- ( a) Furniture, fixtures, and equipment suitable to and to be used for the purposes of the office and general administration of the undertaking of the Authority. (b) Tools and similar equipment suitable to and to be used for for the purposes of the undertaking. (c) Motor and other vehicles (together with equipment) suitable to and to be used for the purposes of the undertaking. (d) Apparatus and other equipment necessary for supply of electric energy to consumers whether for installation in the premises of consumers or in the premises of the Authority other than a generating station or substation which are suitable to and to be used for the purposes of the undertaking. (e) Meters and indicators suitable to and to be used for the purposes of the undertaking including the calibration and testing thereof. (f) Works, additions to, and/or extensions of works at, on, or in any generating station of the Authority suitable to and used by the Authority in the generation of electricity and requiring an expenditure of not more than one per cent. of the installed cost of such generating station and the equipment therein at any one time nor more than two and one-half per cent. of such installed cost in any period of one year. (g) Works in the nature of proper maintenance of existing works already included in the undertaking of the Authority. (h) Extensions of and additions to any building for office or administrative purposes suitable to and to be used for the purposes of the undertaking, the cost of which in any period of one year does not exceed five per cent. of the capital cost of such building. (i) Extensions of and additions to substations and any works and equipment in or on the same for the purpose of supplying or transforming alternating electricity and extensions of and additions to electric lines conveying or distributing electricity at voltages not in excess of six hundred and fifty volts between conductors which are required in consequence of increased loading and which are suitable to and to be used for the purposes of the undertaking. (j) Fuels material stocks and stores suitable to and to be used for the purposes of the undertaking. (k) Service lines together with the incidental materials and equipment required for the purpose of effecting supply to consumers and suitable to and used for the purposes of the undertaking. (1) Works, additions to, and/or extensions of works for the purpose of transforming electricity to or of conveying or distributing electricity at voltages not in excess of six hundred and fifty volts between conductors for the purpose of supply to consumers unless it is estimated that at the end 110 REGULATIONS
of the sixth year the supply of energy which will be annually taken from such works additions to and/ or extensions of works will not at the rates of charges from time to time charged by the Authority for general supply produce annually a sum equal to or exceeding ten pounds per centum upon the .cost of providing and effecting such works additions to and/ or extensions of works: Provided that no extension of the continuous current system of the Authority the installed cost of which exceeds one hundred pounds (£100) shall be a routine work. (m) Works, additions to, and/or extension of works for the purpose of supplying electricity to public lamps suitable to and used by a Local or other Statutory Authority. ( 3) The term "routine works" shall also mean and include all other works of any description notified in writing by the Commission to the Authority. 5. If any person makes a default in complying with any of these Regula tions (including any Regulations adopted by the provisions of these Regulations) he shall, where no other penalty is prescribed by "The ~uthern Electric Authority of Queensland Acts, 1952 to 1954," or by ~'The Electric Light and Power Acts, 1896 to 1946," be liable on conviction to a penalty not exceeding fifty pounds (£50) for every such default.
THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND . . BY-LAWS Published Gazette 4 May 1957, p. 37; amended by notification published Gazette 20 February 1960, pp .. 1025-6. Department of Mines, Brisbane, 29th April, 1957. THE undermentioned By-laws made, with the approval of The State Electricity Commission of Queensland, by The Southern Electric Authority of' Queensland pursuant to "The Southern Electric Authority of Queens land Acts, 1952 to 1954," are approved. G. H. DEVRIES.
WHEREAS, by "The Southern Electric Authority of Queensland Acts, 1952 to 1954," it is among other things enacted that the Authority may, with the approval of the Commission, make By-laws for all or any of the matters and things therein mentioned, and that such By-laws may adopt or exclude any By-laws made under the provisions of "The Electric Light and Power Acts, 1896 to 1946": Now, therefore, The Southern Electric Authority of Queensland, with the approval of The State Electricity Commission of Queensland, in pursuance of the powers therein vested in it, hereby makes the following By-laws:-
THE SOUTHERN ELECTRIC AUTHORITY OF QUEENSLAND BY-LAWS 1. These By-laws may be cited as "The Southern Electric Authority of Queensland By-laws." BY-LAWS 111
2. ( 1) Unless otherwise provided, "The Electric Light and Power By-laws," being By-laws made under the provisions of "The Electric Light and Power Acts, 1896 to 1946," are hereby adopted and, subject as hereinafter provided, the same shall be incorporated in and form part of these By-laws as if they were set out at length herein. (2) The term "electric authority," whenever used in the said By-laws, shall include The Southern Electric Authority of Queensland. ( 3) The said By-laws shall be read subject to the provisions of "The Southern Electric Authority of Queensland Acts, 1952 to 1954," and all Regulations and By-laws thereunder (including these By-laws), and to the extent of any inconsistency such provisions shall prevail.
3. Subject as aforesaid the several terms to which meanings are assigned under "The Southern Electric Authority of Queensland Acts, 1952 to 1954," or under "The Southern Electric Authority of Queensland Regula tions" shall have the same respective meanings in these By-laws.
4. If any person makes default in complying with any of these By-laws (including any By-laws adopted by the provisions of these By-laws) he shall, where no other penalty is prescribed by "The Southern Electric Authority of Queensland Acts, 1952 to 1954," or by "The Electric Light and Power Acts, 1896 to 1946," be liable on conviction to a penalty not exceeding Fifty pounds (£50) for every such default.
REQUISITION MADE BY OWNERS OR OCCUPIERS 5. A requisition requiring the Authority to construct electric lines for the purposes of general supply throughout any road or part of a road may be made by six or more owners or occupiers of premises along such road or part of a road or by the Local Authority. Provided however that if for the purposes of such general supply the Authority is or would be required to construct any electric line or lines exceeding in length one mile such requisition must be signed by three or more owners or occupiers of premises as aforesaid for every 880 yards of such electric line or lines so required to be con~tructed by the Authority. Every such requisition shall be signed by the persons making the same or by or on behalf of the Local Authority (as the case may be) and shall specify an address within the area of supply, of each person signing the same at which a notice under By-law 6 may be served upon such person by the Authority, and shall be served upon the Authority. Inserted by notification published Gazette 20 February 1960, pp. 1025-6.
PROCEDURE ON REQUISITION. AUTHORITY MAY WITHIN THREE MoNTHs SERVE NoncE 6. ( 1) When a requisition is made by· any such owners or occupiers as aforesaid the Authority shall within three months after the service upon it of the requisition serve a notice upon each of the persons by whom the requisition is signed stating:- ( a) That it agrees to be bound by the requisition; or (b) That it declines to be bound by such requisition unless the persons by whom the requisition is signed or some of them will bind themselves to take or guarantee that there shall be taken a supply of electricity for the period mentioned in such notice as will at the rates of charge from time to tiine charged by the Authority for general supply produce annually such rea~onable sum as shall be specified by the Authority 112 BY-LAWS
in such notice and deposit with the Authority sufficient security for the payment to the Authority of all moneys which may become due to it from such persons; or (c) That it declines to be bound by such requisition unless the persons by whom the requisition is signed or some of them will bind themselves to take or guarantee that there shall be taken at all times thereafter a supply of electricity as will at the rates of charge from time to time charged by the Authority for general supply produce annually such reasonable sum as shall be specified by the Authority in such notice and deposit with the Authority· sufficient security for the payment to the Authority of all moneys which may become due to it from such persons; or (d) That it declines to be bound by such requisition upon the ground that the same is unreasonable.
AUTHORITY NOT REQUIRED TO GIVE SUPPLY LIKELY TO BE UNPROFITABLE OR BURDENSOME TO OTHER CONSUMERS (2) If it is reasonably estimated that at the end of the sixth year from the date of such requisition the supply of electricity which will be annually taken by consumers in such road or parts of a road will at the rates of charge from time to time charged by the Authority for general supply produce annually a sum equal to or exceeding twenty pounds per centum upon the expense of providing and laying down the required electric lines and works and/or additions to existing electric lines and works which may be necessary for the purpose of providing such supply the Authority shall serve a notice pursuant to paragraph (a) or paragraph '(b) of subclause ( 1) hereof but otherwise the Authority shall be entitled to serve a notice pursuant to either paragraph (c) or paragraph (d) of subclause ( 1 ) hereof at its option.
PERIOD AND AMOUNT TO BE SPECIFIED IN NOTICE ( 3) The Authority shall not without the authority in writing of the .Commission specify in a notice served by the Authority in pursuance of paragraph (b) of subclause ( 1) hereof any sum exceeding Fifteen pounds per centum (£15%) or in a notice served by the Authority in pursuance ·of paragraph (c) of subclause ( 1) hereof any sum exceeding Twenty pounds per centum (£20%) upon the expense of providing and laying down the required electric lines and works and/ or additions to existing electric lines and works which may be necessary for the purpose ·of providing such supply nor in the case of a notice· pursuant to the said paragraph (b) a period exceeding six years.
AccEPTANCE oF REQUISITION ( 4) If the Authority shall at any time in the manner aforesaid serve a notice in accordance with the provisions of paragraph (a) of subclause ( 1) of this By-law the requisition shall become and be binding upon the Authority on and from the date of service of such notice. .
AuTHORITY's FAILURE To SERVE NoTICE ( 5) If the Authority shall fail, neglect, or refuse within the afore said period of three months to serve upon each of the persons by whom any requisition is signed any notice as aforesaid the Authority unless the Commission shall otherwise direct shall be deemed to be bound by such requisition and such requisition shall become and be binding upon the Authority upon the expiration of the aforesaid period of three months. BY-LAWS 113
AGREEMENT AND SECURITY REQUIRED ( 6) If the Authority shall within the time and in the manner hereinbefore provided serve a notice in accordance with the provisions either of paragraph (b) or of paragraph (c) of subclause ( 1) of this By-law the requisition shall not be binding upon the Authority unless within twenty-eight days after the service of such notice there be tendered to the Authority an agreement severally executed by the persons by whom the requisition is signed or some of them binding them to take or guaran teeing that there shall be taken for the period mentioned in such notice by the Authority such specified amounts of electricity respectively as will in the aggregate at the rates of charge from time to time charged by the Authority for general supply produce an annual sum amounting to the annual sum specified in the notice and sufficient security for the payment to the Authority of all moneys which may be become due to it from such persons under such agreement is deposited with the Authority (if required by the Authority by such notice as aforesaid) within the period limited for tender of the agreement as aforesaid. Upon the tender to the Authority of the said Agreement and the deposit with the Authority of the required security (if any) within the period limited for the tender of the said Agreement the requisition shall become and be binding upon the Authority.
APPEAL To CoMMISSION (7) If the Authority shall serve a notice pursuant to paragraph (b) paragraph (c) or paragraph (d) of subclause (1) of this By-law the persons by whom such requisition aforesaid has been signed or some of them may within twenty-eight days appeal to the Commission by notice of appeal which shall be in writing and shall within the period .aforesaid be served upon the Commission and the Authority. Such notice of appeal shall be in such form, if any, as is prescribed by the Commission and shall set out the grounds upon which such persons rely and shall have annexed thereto a copy of the requisition and a copy of the notice . served by the Authority. Within .a period of fourteen days after the service upon the Authority of such notice of appeal the Authority shall ·serve upon the Commission and such persons as aforesaid a reply in writing setting out the grounds upon which the Authority has relied in giving such notice as aforesaid.
POWERS OF CoMMISSION ON APPEAL ( 8) If after hearing such persons as aforesaid and the Authority the Commission is satisfied that the Authority is not entitled in accordance with subclause (2) of this By-law to serve a notice pursuant to paragraph :(c) or paragraph (d). of subclause (1)' of this By-law or in the case of a notice pursuant to the said paragraph (b) ·that the sum named in such notice or the period named in such notice should be varied the· Com mission may direct the Authority to setve a further notice under the provisions of paragraph (b) of subclause (1) of this By-law and may order that the Authority shall in such notice prescribe such sum and such period as are in the circumstances just such sum being a sum not less than ten pounds per centum upon the expense of providing and laying down the required electric lines and/or additions to existing electric ~lines. and works which may be necessary for the purpose of providing ·such supply and such period being a period of not less than three years and in such case the Authority shall serve such notice within a period of fourteen days. In default of making any such decision the Commission !)hall dismiss the appeal. 114 BY-LAWS
EFFECT OF COMMISSION'S DECISION (9) If such appeal as aforesaid shall be dismissed the period named in subclause ( 6) hereof shall be extended until the expiration of twenty eight days from the time of the dismissal of such appeal. If the Com mission shall direct the Authority to serve a further notice pursuant to paragraph (b) of subclause ( 1) hereof the period named in subclause ( 6) hereof shall be extended until the expiration of twenty-eight days after the service of such notice.
REQUISITION BY LoCA~ AUTHORITY ( 10) If any requisition is made by a Local Authority the foregoing provisions of this clause with the following amendments shall mutatis mutandis apply to such requisition:-. (a) Any notice required by this clause to be served by the Authority upon each of the persons by whom the requisition is signed shall be served upon the Local Authority. (b) Any condition required to be performed by all or any of the persons by whom the requisition is signed shall be performed by the Local Authority. (c) In addition to the conditions specified in paragraph (b) ·or paragraph (c) of subclause ( 1) of this By-law the Authority may require the Local Authority to bind itself to take for a period of three years at least a supply of electricity for lighting a public lamp of two hundred candle power at least in the road or in the part of a road in respect of which the requisition is made. (d) Any agreement which may be tendered to the Authority in pursuance of the provisions of subclause (b) of this By-law:- (i) shall be tendered by the Local Authority; (ii) shall be executed by and shall be binding upon the Local Authority; (iii) shall in addition to the conditions specified in the said subclause ( 6) of this By-law contain the conditions specified in paragraph (c) of this subclause. Inserted by notification published Gazette 20 February 1960, pp. 1025-6.
AUTHORITY TO FuRNISH SUFFICIENT SUPPLY OF ENERGY TO OWNERS AND OcCUPIERS WITHIN THE AREA OF SUPPLY 7. ( 1) The owner or occupier of any· premises situate within one hundred yards by the nearest available route from any electric line of the Authority within any road in which it is for the time being required to maintain or is maintaining a supply of electricity for the purposes of general supply may serve a requisition upon the Authority requiring the Authority to give a supply of electricity to such premises.
CONTENTS OF REQUISITION ( 2) Every such requisition shall specify the premises in which such supply as aforesaid is required and the maximum power required to be supplied and the day (not being an earlier day than a reasonable time after the service of such requisition) upon which such supply is required to commence. BY-LAWS 115
COST OF LINES ( 3) The cost of so much of any electric lines for the supply of electricity to any such premises as aforesaid as may be constructed upon such premises or upon the property or premises of such owner or in the possession of such occupier and of so much of any electric line as it may be .necessary to construct (for a greater distance than sixty feet from the boundary alignment of the property) from such electric lines of the Authority within such road as aforesaid although not on any such premises or property and the cost of maintaining and replacing the same from time to time shall if the Authority so requires be defrayed by such owner or occupier.
ALTERATION OF MAxiMUM POWER ( 4) A consumer who desires to alter the maximum power with which he is entitled to be supplied (which shall be deemed to be the maximum power specified by such consumer in a requisition previously served by him upon the Authority pursuant to subclause ( 1) hereof or to By-law 5 or if no such maximum has been specified the amount reasonably anticipated by the Authority as the maximum power required by· such consumer) may serve upon the Authority a requisition containing the particulars set out in subclause (2) hereof and all of the provisions of this clause including the provisions of subclause ( 3) hereof shall apply to such requisition.
SECURITY TO BE GIVEN TO AUTHORITY ( 5) Subject to the provisions of this By-law and in particular to the provisions of subclause ( 6) hereof the Authority shall within one month after the service upon it of any such requisition as aforesaid comply with the requirements of such requisition provided however that the Authority shall not be bound to comply with the requirements of any such requisition until such owner or occupier. or such consumer as aforesaid shall have given to the Authority security to the satisfaction of the Authority for the payment of all sums payable to the Authority by such consumer owner or occupier pursuant to the provisions of this clause.
AUTHORITY MAY REQUIRE PROVISIONS OF BY-LAW 6 TO BE OBSERVED ( 6) If for the purposes of complying with any requisition served upon the Authority pursuant to the provisions of this By-law it is considered necessary by the Authority to furnish or construct any electric lines or works or make any alterations and/or additions to any existing electric lines or works or to incur any expenses (other than any electric lines or works or additions to electric lines or works the cost of which or any expenses which are payable to the Authority by such owner, occupier or consumer) the Authority may treat such requisition: as a requisition under the provisions of By-law 5 and may serve a notice upon such owner occupier or consumer pursuant to any of the provisions of subclause ( 1) of By-law 6 and the provisions of By-law 6 shall mutatis mutandis extend accordingly. Inserted by notification published Gazette 20 February 1960, pp. 1025-6.
CONNECTION OF INSTALLATION 8. The Authority shall not connect the installation of any consumer to its electric lines unless such installation has been constructed and installed in the manner prescribed.. Inserted by notification published Gazette 20 February 1960, pp. 1025-6. 116 BY-LAWS
INTERFERENCE WITH PROPER SUPPLY OF ELECTRICITY 9. If the owner or occupier of any premises uses any form of lamp or any other consuming device or uses electricity supplied to him by the Authority for any purpose or deals with it in any manner so as to unduly or improperly interfere or be likely to unduly or improperly interfere with the efficient supply of electricity to any other body or person by the Authority or if electricity supplied for any purposes is charged for at differential rates uses electricity supplied for a particular purpose other wise than for that purpose the Authority may if it thinks fit discontinue the supply of electricity to such premises or disconnect and discontinue the supply of electricity to any electric lines or electric apparatus upon such premises. Such owner or occupier shall not be entitled to have his premises or such electric lines or electric apparatus connected to the electric lines of the Authority nor shall the Authority be required to supply electricity to such premises or to such electric lines or electric apparatus as aforesaid until such time as the Authority is satisfied or in the event of the matter being referred to the Commission until such time as the Commission notifies the Authority that it is satisfied that no such user as aforesaid will be continued. Inserted by notification published Gazette 20 February 1960, pp. 1025-6.
REQUIREMENTS WHERE EXISTING GUARANTEE 10. Notwithstanding anything herein contained if any person requires a supply of electricity from any electric line constructed for the purpose of giving a supply for which a guarantee to the Authority is for the time being in force, the Authority may refuse to supply electricity to such person unless and until he delivers to the Authority an agreement executed by him binding him to take or guaranteeing that there shall be taken during the remaining period of the said existing guarantee such amounts of electricity as may be reasonably required by the Authority having regard to its estimates of the electrical requirements of such person and the other consumers. Inserted by notification published Gazette 20 February 1960, pp. 1025-6.
BUILDINGS OCCUPIED BY SEVERAL TENANTS 11. In the case of buildings in which there are several tenants, the owner, proprietor or lessee of the building shall be responsible for the payment of all security deposits and accounts for sale of electricity, special meter readings and sundry items and may himself recover from his tenants the respective amount due by them provided however that no person shall supply to any other person electricity obtained by him from the Authority except with the express consent of the Authority and upon such terms and conditions as are approved by the Authority. Inserted by notification published Gazette 20 February 1960, pp. 1025-6. INDEX "The Southern Electric Authority of Queensland Acts, 1952 to 1964"
Page A Accounts of the Authority ss. 20, 22, 23, 24, 25, 73 16, 17, 18, 39 Acquisition by Authority- by agreement of undertaking of Electric Authority s. 10 s Actions, limitation of •. ss. 66,67 36, 37 Agreement. See The Agreement. Area of supply- meaning of term s. 3 2 power to extend ss. 9 (1), 10 s alteration of s. 9 (2) s Auditors appointment of 21 16 remuneration of 21 (4) 17 report . . . . 22 (1) 17 to have right of access 22 (2) 17 Authority- meaning of term .. 3 2 establishment of .. s 4 to be a body corporate 6 (1) 4 nameof ...... 6 (1) 4 to have perpetual succession 6 (1) 4 to have an official seal .. 6 (1) 4 may sue and be sued 6 (1) 4 may hold, etc., property 6(1) 4 judicial notice of seal of . . . . 6 (2) 4 not be deemed to represent the Crown . . . . . "' 6 (3) 4 member, officer, or servant of, not an employee of the Crown, 6 (4) 4 etc. first members of . . • . . . 7 (I) 4 agreement between Minister and . . . . 8 s acquisition of undertakings by agreement by .. 10 s transferring of undertaking of the Company to- outside Queensland 11 6 within Queensland ...... 13 6 issue to shareholders in the Company of V.I. stock by 16 8 transfer of undertakings to . . . . . • • • ss. 17, 18, 19 9-12 to be successor of the Toowoomba Company, etc. . . • . s.19A 13 undertaking of Toowoomba Company to be transferred to 19B 14 books of account of . . . . • . • . . • • • 20 16 appointment, etc., of auditors of 21 16 auditors report to . . . . 22 (I) 17 right of access by auditors of ...... 22 (2) 17 revenue account, balance sheet, and reports on • . . . 23 17 to forward copy of revenue account and balance sheet to 24 (I) 17 Minister, etc. special audit of • . . . . . • • 25 18 interest during construction of works by 26 18 bank advances to • . • • • . 27 18 deposits with . . • . . . . . 28 18 sinking funds and reserves to be provided by 29 18 protection to lenders to .. 30 18 issue of V.I. stock by ss. 31-33 18, 19 sinking funds • . . • . • . . s. 34 (11) .. 19 issue of debentures and inscribed stock by ss. 34, 35, 38, 39, 41 19, 20, 21, 23 sinking fund trustees of . . • . • . s. 39A 21 advances by Treasurer to ss. 36, 37, 40 20,22 budget of . . . . s. 44 24 powers and duties of .. ss. 45,46 24,25 construction of works by s. 47 25 opening of roads by .. 48 27 altering position of pipes by . . . . 49 27 breaking up railways and tramways by 50 28 to make compensation . . . . 51 28 disputes by with other authorities 52 28 removal of trees obstructing lines by 53 29 rights of entry of . . . . • . 54 29 works to remain property of 55 30 contracts by 56 30 118 INDEX
Page Authority-continued Governor in Council may rescind resolution of s. 57 30 no compensation for failure by, to supply 58 31 not to discriminate between consumers .. 59 31 transformer substation on consumers premises- extra handling facilities, to provide 59 (2) 32 lines, supply of by ...... 59 (2) 32 not required to supply electricity until erection 59 (2) 32 other consumers, supply to- agreement by .. 59 (2) 32 property of Authority, to be 59 (2) 32 to supply meter readings 60 (1) 33 not to charge for meter ...... 60 (2) 33 offences relating to use of electricity, etc., supplied by ss. 61, 62 34 damage to·works, etc., of ...... s. 63 34 service and authentication of documents of .. 64 35 may take proceedings ...... 65 36 limitation of actions for negligence against .. 66 36 Commission to have access to records, etc., of 73 (1) 39 to make returns ...... 73 (2) 39 regulations may prescribe with respect to 74 (1) 39 power of, to make by-laws 75 40 constitution and rules of.. Scb. I 43
B Bank advances s. 27 18 Budget- when to be prepared by the Authority 44 (1) 24 contents of 44(2) 24 departure from 44 (3) 24' By-laws- meaning of term 3 2 power to make ...... 75 (1) 40 matters which may be contained in ...... 75 (1) 40 may adopt or exclude by-laws under " The Electric Light and 75 (2) 41 Power Acts, may prescribe penalties .. 75 (3) 41 may be amended, etc. 75 (4) 41 to be approved . . . . 75 (5) 41 when to be judicially noticed . . . . 75 (5), (7) 41 power of Governor in Council to repeal . . . . 75 (6) 41 publication of, to be sufficient evidence of making, etc. 75 (7) 41
c Commission- meaning of term ...... • • . • • , .• 3 2 subject to Minister, to administer Act ...... 4 4 approval of, to be obtained to acquisition of undertakings by 10 5 Authority by agreement to receive copy of revenue account and balance sheet of 24 (1) 17 Authority to bave general direction of the Authority • . . . . . 45 24 power of, to authorise Authority to construct electric line, 47 25 etc. to· have access to records .. 73 39 to approve of making of by-laws 75 (1) 40 Commissioner-meaning of term 3 2 Constitution of the Authority Scb. I 43 Construct- meaning of term .. s. 3 2 Construction of Works transmission lines outside area .. _47 (4) 25 Consumer of electricity Commission-appeal to .. 59 (2) 32 substation on premises of- adaptation of space by Authority . . . . 59 (2) 32 necessary when supply exceeds 100 kilovolt amperes 59 (2) 32 other consumers, supply to- agreement by ...... 59 (2) 32 dispute, determined by Commission 59 (2) 32 rental for ...... 59 (2) 32 not disqualified as judge or justice 70 38 Contracts 56 30 INDEX 119
Page D Debenture holders in Toowoomba Company S. 19B (5) 15 Debentures ss. 34, 35, 36, 39, 41 19, 20, 21, 23 Dissolution of the Company .. s. 12 6 Derivatives of words and phrases 3 4 Document- meaning of term .. 3 . . . . 2 authentication of .. 64 (1) . . . . 35 service of .. 64 (2), (3), (4), (5) 35, 36
E
Easement for right of way registration of 47 (10) 26 Electricity- meaning of term ...... 3 2 powers and duties of the Authority with respect to 45 24 accounts for 60 33 stealing . . . . 61 34 offences relating to use of 62 34 license may be issued to supply 77 (3), (4) 42 Electric authority- meaning of term ...... • ...... 3 2 acquisition by the Authority by agreement of undertaking of 10 5 vesting in the Authority of undertaking of ...... ss. 17, 18 9 vesting in the Authority of part of electricity undertskings of s. 19 12 Electric line- meaning of term .. 3 2 construction of . . . . 47 25 removal of trees obstructing 53 29 rights of entry with respect to .. 54 29 to remain property of the Authority 55 30 offences relating to . . . . 62 34 damage to 63 34 Entry, rights of .. 54 29 Evidentiary. See Proof.
G
Governor in Council- to notify the making of the Agreement 8 (2) 5 to fix proclaimed day ...... 8 (2) 5 to approve alteration of the Agreement 8 (4) s may extend area of supply ...... ss. 9 (1), 10 5 may alter area of supply in manner provided by the Agreement s. 9 (2) 5 powers of, to transfer undertakings to the Authority .. ss. 17, 18, 19 10, 11, 12 power of, to authorise borrowings ...... s. 36 20 power of, to consent to breaking up of railways, etc., by the so 28 Authority may declare that " The Com11'issions of Inquiry Act" shall 52 (4) 28 apply to inquiry into dispute, etc. may rescind resolution of the Authority 57 30 may make regulations .. 74 (1) 39 power of, to repeal by-law ...... 75 (6) 41 power to make Proclamation and Orders in Council, etc. 78 (1) 42
I
Inscribed stock ss. 34, 35, 36, 38, 39,41 19, 20, 21, 23
J
Judicial noti~ of seal of authority s. 6 (2) 4 of regulations . . • • 74 (6) .. 39 of by-laws ...... 75 (5), (7) .. 41 of Proclamation and Orders in Council. 78 (5) •. 43 120 INDEX
Page M Meaning of terms The Agreement s. 3 2 Area of supply 3 2 Authority 3 2 By-laws .. 3 2 Commission 3 2 Commissioner 3 2 The Company 3 2 construct .. 3 2 document .. 3 2 electricity . . . . 3 2 electric authority .. 3 2 electric line 3 2 meter 3 2 Minister 3 2 officer 3 2 person 3 2 premises .. 3 2 prescribed .. 3 2 public body 3 3 region .. 3 3 Regional Board 3 3 regulations 3 3 road 3 3 The Rules .. 3 3 statutory corporation 3 3 This Act • • • • 3 3 Toowoomba Company 3 3 undertaking .. 3 3 variable interest stock 3 3 works 3 3 year .. •. 3 3 " sitting days " in s. 79 79 (3) 43 Members of Authority- not deemed an employee of the Crown, etc. 6(4) 4 first ...... • • • . • • . . . 7 (1) 4 to retire and be appointed, etc., in manner provided by the 7 (2) 4 Agreement and the Rules appointment of auditors by .• 21 (2), (3) 16 auditors entitled to information from . . • . • • 22 (2) 17 revenue account and balance sheet to be signed by two ~~ (4) 17 indemnity of . . . . • • • • . . 37 duties of, with respect to returns, Commission, etc. 73 (3) 39 Meter- meaning of term .. 3 2 readings . . . . 60( 1) 33 charge not to be made 60 (2) 33 Minister- meaning of term . . • • 3 2 administration of Act by .. 4 4 agreement between Authority and . . . . • • • • 8 5 copy of revenue account and balance sheet of the Authority- to be forwarded to . . • • • • . . . • • • 24 (1) 17 to lay before Parliament . • • • . . • • • • 17 may direct special audits . • . • . . • . . • ~~(2) 18 powers of, with respect to disputes between the Authority 52 29 and other authorities when to consent to prosecutions 69 (3) 38
0 Offence prosecution of 69 37 Officer- meaning of term ...... • • 3 2 not deemed an employee of the Crown 6~ (4) 4 indemnity of . . • • • . . • . . . . 37 duty of, with respect to returns, the Commission, etc. 73 (3) 39 Order in Council- extending area of supply. . • . • . 9 (I) s altering area of supply . . . . . • 9 (2) 5 vesting undertakings in the Authority • • • • • • ss. 17, 18, 19 9-11 authorising borrowings . . . . . • . . . . s. 36 .. 20 declaring " The Commissions of Inquiry Act of 1950 " to 52 (4), (5) .. 28 apply to disputes with other authorities, etc. provisions relating to •. 78 42 to be laid before Parliament 79 (I) .. 43 disallowance of .• 79(2) "I 43 INDEX 121
Page p
Parts of Act s. 2 Person- meaning of term 3 2 Premises- meaning of term 3 2 Prescribed meaning of term 3 2 Prochimation- of the making of the Agreement 8 (2) 0 0 5 altering the Agreement . . • • 8 (4}, (5) 0 0 5 provisions relating to .. 78 42 to be laid before Parliament 79 (1) 43 disallowance of •. 79 (2) 43 Proof- of in proceedings .. 71 38 of minutes and documents 72 38 Public body- meaning of term .. 3 3 disputes with 52 28 Public Works Land Resumption Acts, modification of 47 25
R
Railways breaking up 50 28 Receiver- appointment by Treasurer of 40 (2) 22 appointment by Court of (1) 23 remuneration of .. :1 23 powers and duties of 43 23 References to other Acts to include amending Acts 3 4 Region- meaning of term 3 3 Regional Board meaning of term 3 3 Registrar of Titles- registration of the Authority as proprietor of lands by .. 13 (3) 7 to register Authority as proprietor of certain estates and 19B (3) 15 interests duty re registration of easement of right of way 47 (10) 26 Regulations meaning of term 3 3 power to make . . . . • • 74 (1) 39 matters which may be contained in • • ...... 74 (1) 39 may adopt or exclude regulations made under certain other 74 (2) 40 Acts may prescribe forms, etc. 74 (3) 40 may impose penalties, etc. . . 74 (4) 40 may be made on passing of Act 74 (5) 40 when to be judicially noticed .. 74 (6) 40 Repeals 80 43 Reserves, provision by Authority of 29 18 Resolutions of Authority, rescinding by Governor in Council of 57 30 Retrospective operation of Act 13 (2) 7 Retrospective operation of s. 19B 19B (2) 15 Road- meaning of term 3 3 opening of 48 27 122 INDEX s Page Secretary for Mines- registration of the Authority in respect of lands by s. 13 (4) 7 registration by, of the Authority of certain estates, etc. 198 (4) 15 Secretary for Public Lands- registration of the Authority in respect oflands by .. 13 (4) 7 registration by, of the Authority of certain estates, etc. 19B (4) 15 Shareholders of Toowoomba Company, compensation to 19c 15 Short title Sinking funds ...... 34 (11) 19 provision by Authority of 29 18 Sinking fund trustees- persons to be .. 39A (1) 21 to be a body corporate 39A (1) 21 nameof ...... 39A (1) 21 to have perpetual succession, etc. 39A (1) 21 to administer sinking funds . . . . 39A (1) 21 not deemed to represent Crown or Authority 39A (1) 21 banking accounts . . . . 39A (2) 21 investment of sinking funds by .. 39A (3) 21 to make returns ...... 39A (4) 22 administration of sinking funds by 39A (5) 22 Southern Electric Authority of Queensland. See Authority. Statutory corporation- meaning of term .. 3 3 disputes with 52 28 Superannuation Fund, The Southern Electric Authority of Queensland- trustees to be a body corporate ...... 73A (1) 39 trustees t9 have perpetual succession, etc...... 73A (1) 39 trustees not deemed to represent Crown or the Authority .. 73A (2) 39 trustees powers 73A (3) 39 Stealing electricity 61 34
T The Agreement- meaning of term ...... 3 2 between the Authority and the Minister authorised to be made 8 {1) .. 5 copy of ...... 8 (1); Sch. 2 5, 71 notification of making of 8 (2) 5 to have force of law 8 (3) .. 5 alteration of ...... 8 (4), (5) .. 5 power to alter area of supply in manner provided by 9 (2) 5 powers conferred upon the Authority by 46 25 The Company- meaning of term ...... 3 2 undertaking outside Queensland of 11 6 to be dissolved . . . . 12 6 Authority to be successor to ...... 12 6 transferring to the Authority of undertaking of 13 6 protection of rights of debenture hoiders of 14 8 ratification of payment of certain dividends by .. 15 8 issue of V.I. stock by the Authority to shareholders of 16 (1) 8 The Rules- meaning of term ...... 3 3 the Authority to have powers conferred by 46 25 of the Authority Sch. I 43 This Act- short title of s. 1 1 parts of .. 2 I meaning of term .. 3 3 derivatives of terms in .. 3 4 references to other Acts in ...... 3 4 Commission, subject to Minister to administer 4 4 retrospective operation of 13 (2) 7 Tramways. See Railways. Transference of undertaking of the Company outside Queensland 11 6 within Queensland 13 6 Treasurer- loans by ...... 36 20 repayment of advances to .. 37 20 defaults in repayment ofloans by 40 22 receiver appointed by ss. 42,43 23 Trees, obstructing lines, removal of .• s. 53 29 INDEX 123
u Page Undertaking meaning of term So 3 3 v Variable interest stock- meaning of term ...... 3 3 issue to shareholders in the Company of 16 8 issue of ...... 31 18 holders, rights of o o o o 32 18
not secured debentures 0 0 33 19 w Works-
meaning of term 0 0 o o 0 0 3 3 interest on cost of construction of 26 18 construction of ...... 47 25 te remain property of the Authority 55 (1) 30 damage to 63 34 y Year-
meaning of term 0 0 0 0 0 0 0 0 3 3 revenue account, balance sheet, and reports at end of 23 17 budget to be prepared within one month after commencement 44 24 of INDEX The Southern Electric Authority of Queensland Regulations
Page A Addition to works Reg. 4 (2) (f), (1), (m) .• 109 Adoption of the Electric Light and Power Regulations 2 (1) 107 Alteration of system of supply 3 (2) 107 Alternating current 3 (2) 107 Application of Southern Electric Authority of Queensland Acts 2 (3) 107 Apparatus and other equipment 4 (2) (d) 109 Authority- may alter system from direct current to alternating current .. 3 (2) 107 may discontinue supply . . . . . • • . . • 3 (5) 108 is entitled to construct substations, lines, etc. 3 (4) 108 c Citing of Regulations .. 107 Commission. See the State Electricity Commission. Constant pressure, limit to variations from .• 3 (3) 108 Constant pressure, to be maintained 3 (3) 108 Construction of substations, lines, works, etc. 3 (4) 108 Consumers' supply may be disconnected 3 (5) 108 Current- alternating 3 (2) 107 direct 3 (2) 107
D Default, penalties 5 l!O Direct current 3 (2) 107 Direction by Commission 3 (4) 108
E Earthing of neutral conductors 3 (2) 107 " Electric Authority " to include 2(2) 107 Electricity, type of current 3 (2) 107 Electricity supply, may be discontinued 3 (S) 108 Electric lines, construction 3 (4) 108 Equipment 4 (2) (a), (b), (d) 109 Exclusion from making returns 3 (4) 108 Exclusion of Regulations 3 (1) 108 Extensions 4 (2) (f), (h), (i), 109 (1), (m)
F Fuel Stocks 4 (2) (j) 109 Furniture, fixtures and fittings 4 (2) (a) 109
G General supply 3 (2) 107
I Inconsistencies .. 2 (3) 107 Incorporation of Electric Light and Power Regulations .. 2 (1) 107 Indicators 4 (2) (e) 109 INDEX 125
Page L
Liability to penalties o o Reg, 5 110
M Maintenance of supply at constant pressure 3 (3) 108 Meanings 4 108 Meters 4 (2) (e) 109
Motor vehicles 0 0 4 (2) (c) 109
p Penalties 5 110 Pressure, to be constant 3 (3) 108
Provisions not applicable 3 (1), (4) 0 0 107, 108
R Regulations, citing 107 Regulations-
expressly excluded 0 0 3 (1) 107
others to be incorporated o o 0 0 0 0 o 0 o • 2 (1) 107 to be subject to Southern Electric Authority of Queensland 2 (3) 107 Acts Replacement of consumers property 3 (2) 107
Routine works, meaning 4 (2), (3) 0 0 109,110 s Service lines 4 (2) (k) 109 Standard pressures 3 (3) 108 Substations, construction 3 (4) 108
Supply o 0 3 (2) 107 Supply- 108 discontinued 0 0 0 0 3 (5) to be at standard pressure 3 (3) 108
T The Electric Light and Power Regulations, adoption 2(1) 107 The Electric Light and Power Regulations, exclusion 3 (1), (4) 107, 108 The Southern Electric Authority of Queensland Act 2 (3) 107 The Southern Electric Authority of Queensland Regulations, 107 citing The State Electricity Commission, directions 3 (4) 108 Tools 4 (2) (b) 109
v
Variations from standard pressure o • 3 (3) 108 w
Works o 0 4 (2) (f), (g), (1), (m) 109 Works above ground 3 (4) 108 Works, routine 4 (2), (3) •• 109, 110 INDEX The Southern Electric Authority of Queensland By-laws
Page A Acceptance of requisition By-Jaw 6 (4) Jl2 Adoption of the Electric Light and Power By-laws JIO Agreement required 6 (6) Jl3 Alteration of maximum power 7 (4) ll5 Amount to be specified in notice 6 (3) ll2 Appeals to Commission 6 (7) Jl3 Appeals, power of Commission 6 (8) Jl3 Authority- acceptance of requisition, binding force 6 (4) ll2 agreement and security required .. 6 (6) Jl3 alteration of maximum power 7 (4) Jl5 connection of installation 8 liS cost of lines .. 7 (3) 115 failure to serve notice 6 (5) 112 may discontinue supply 9 ll6 may refuse to supply ...... 10 ll6 may require provisions of By-law 6 to be observed 7 (6) ll5 may serve notice within three months .. 6 (I) Ill period and amount to be specified 6 (3) 112 security required .. 7 (5) 115 to. furnish sufficient supply .. 7(1) 114 to obtain authority of Commission .. 6 (3) 112 where not required to give supply .. 6 (2) 112 where requisition made by Local Authority 6 (10) 114
B Binding force of acceptance of requisition 6 (4) 112 Binding force of requisition .. 6 (5) 112 Buildings occupied by several tenants II 116 Burdensome supply 6 (2) 112 By-Jaw, citing 110 By-law- penalties for non-compliance ...... 4 Ill' subject to the Southern Electric Authority of Queensland Acts 3 Ill
c Citing of By-laws IIO Commission. See the State Electricity Commission. Connection of installation 8 115 Construction of lines, requisition for 5 Ill Contents of requisition 7 (2) 114 Cost of lines 7 (3) 115
D Decision of Commission, effect 6 (9) 114 Default, penalties 4 Ill Dismissal of appeal by Commission 6 (8) 113
E Effect of Commission's decision 6 (9) 114 Electric Authority, to include 2 (2) Ill Existing guarantee, requirements where 10 116 INDEX 127
Page F Failure to serve notice By-law 6 (5) 112 Furnishing of sufficient supply 7 (1) 114
G Guarantee, where existing 10 116
I Inconsistencies 2 (3) 111 Incorporation of Electric Light and Power Acts 2 (1) 111 Installation, connection of 8 115 Interference with proper supply 9 116
L Local Authority, requisition by 6 (10) 114
M Maximum power, alteration 7 (4) 115 Meanings 111
N Notice- failure to serve 6 (5) 112 may be served by Autho;iiy . . . . 6 (1) 111 requisition becomes binding where served 6 (4) 112 to specify period and amount 6 (3) 112
0 Observation of By-law 6 7 (6) 115 Owner or occupier making requisition 111
p Penalties 4 lll Period and amount to be specified in notice 6 (3) 112 Powers of Commission on appeals 6 (8) 113 Procedure on requisitions 6 (l) lll Proprietor responsible for deposits, etc. 11 116 Provisions of By-law 6, observation 7 (6) 115
R Requirement when existing guarantee 10 116 Requisition by Local Authority 6 (10) 114 Requisition, acceptance 6 (4) 112 Requisition made by owner or occupier 5 111 Requisition, procedure on 6 (I) 111 128 INDEX s Page Security required By-law 6 (6), 7 (5) 113, 115 Service of notice by Autbority 6 (I) Ill Several tenants in building 11 116 I Sufficient supply to be furnished 7(1) 114 Supply of electricity, interference 9 116 Supply, requisition for 5 111
T Tenants in building 11 116 The Electric Light and Power Acts, application •• 2 (I) Ill The Electric Light and Power By-laws, application 2(1) 111 The Soutbern Electric Authority of Queensland .. 2 (2) 111 The Soutbern Electric Authority of Queensland Acts, precedence 2 (3) Ill The State Electricity Commission- appeals to.. . . 6 (7) 113 authority required 6 (3) 112 effect of decisions .. 6 (9) 114 power of an appeal 6 (8) 113
u Unprofitable supply 6 (2) 112
w Where existing guarantee 10 116 Where no other penalties provided 4 111
By Autbority: S. G. REID, Government Printer, Brisbane