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©State of Queensland
QUEENSLAND
THE TRANSPORT LAWS VALIDATION ACT OF 1962
11 Eliz. 2 No. 24
[Reprinted as at 1 August, 1985]
An Act to Validate the Operation of certain Laws relating to Transport, and for other incidental purposes
[ASSENTED TO 8 JUNE, 1962]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
1. Short title. This Act may be cited as "The Transport Laws Validation Act of 1962."
2. Meanings. In this Act, unless the context otherwise indicates or requires,-
(a) "Act" includes any purported Act and "enactment" includes any purported enactment;
(b) "Excepted sections" means the sections, or parts of sections, shown as excepted in the Third Column of the Schedule;
(c) "Schedule" means the Schedule to this Act.
3. Validity and operation of certain Acts. Subject to this Act, and in so far as it may be necessary to ensure the validity and operation thereof, every Act set out in the Schedule, other than the expected sections, is validated as from its enactment and declared and deemed to be and from such enactment to have been a good and valid law, but subject to any amendment or repeal of any such Act by another such Act.
4. Administrative Acts. Without limiting or derogating from the provisions of section three of this Act, every act and thing done, or suffered or omitted to be done, under and pursuant to any provision of any of the Acts set out in the Schedule, other than any excepted section, are validated and declared and deemed to be and always to have been good and valid.
5. Interpretation. Any provisions of any Act set out in the Schedule, other than the excepted sections, which is inconsistent with the Constitution of the Commonwealth or with any Imperial Act extending to Queensland shall nevertheless operate and, in respect of any period
2 s. 6 THE TRANSPORT LAWS VALIDATION ACT OF 1962 s.6
of time before the passing of this Act, is hereby declared to have had validity and operation in accordance with this Act to the full extent to which such provision can operate or could have operated consistently with the Constitution of the Commonwealth or any such Imperial Act.
The provisions of this section are in addition to and not in substitution for the provisions ofsectionfour of"The Acts Interpretation Acts, 1954 to 1960."
6. Recovery of penalties, fees, etc. ( 1) "The Justices Acts, 1886 to 1960," apply subject to this section.
(2) A person adjudged or required by a decision of justices (whether made before, on or after the passing of this Act) to pay-
(a) any penalty for an offence committed before the passing of this Act; or
(b) any sum of money which became due and payable before such passing,
under any provision of any Act set_ out in the Schedule, other than an excepted section, shall not, in default of payment of such penalty or sum of money, including any costs, be at any time after the passing of this Act, imprisoned.
(3) Any unpaid amount of any penalty or sum of money referred to in subsection (2) of this section, including any costs, shall be recoverable as prescribed by this section and not otherwise.
(4) Where a person has been imprisoned for part of the term of imprisonment imposed in default of payment of any penalty or sum of money referred to in subsection (2) of this section the amount of such penalty or sum of money, including any costs, shall be reduced by a sum bearing the same proportion thereto as the number of days for which the person concerned was imprisoned bears to the total number of days for which he was liable to be imprisoned, and such reduced amount shall be deemed to be the debt due and owing to Her Majesty and recoverable as prescribed by this section in respect of the penalty or sum of money in question.
(5) Upon application made by the Commissioner forTransport, or by any person acting under his authority, to the clerk of petty sessions at any place appointed for holding courts of petty sessions whereat any person was adjudged or required by a decision of justices to pay any penalty or sum of money referred to in subsection (2) of this section, such clerk of petty sessions shall issue his certificate describing the proceedings in respect whereof the decision was made, stating the decision, and certifying the amount, or, where subsection (4) of this section applies, reduced amount, then unpaid of the penalty or sum of money adjudged or required to be paid, including any costs.
(6) Upon the filing of any certificate issued by a clerk of petty sessions under subsection (5) of this section-
(a) where the amount thereby certified to be unpaid is not more than one thousand two hundred dollars,. in the registry of
s.7 THE TRANSPORT LAWS VALIDATION ACT OF 1962 s. 7 3
the Magistrates Court at the place appointed for holding courts of petty sessions in question; or
(b) where the amount thereby certified to be unpaid is more than one thousand two hundred dollars but not more than three thousand dollars, in the District Court registry at or nearest to the place appointed for holding courts of petty sessions in question; or
(c) where the amount thereby certified to be unpaid is more than three thousand dollars, in the registry of the Supreme Court at Townsville, Rockhampton or Brisbane, according as to whether the place appointed for holding courts of petty sessions in question is within the Northern District or the Central District within the meaning of "The Supreme Court Act of 1895," as subsequently amended, or without both such districts,
the decision of justices referred to in the certificate shall, subject to subsection (7) of this section, be of the same force and effect and all proceedings and remedies for the enforcement thereof may be taken as if such decision were a judgement of the Magistrates Court, or of the Distict Court, or of the Supreme Court ordering payment by the person concerned of the amount certified by the certificate to be unpaid.
(7) This section applies so as not to affect any right of appeal against the decision of justices which the person thereby adjudged or required to pay the penalty or sum of money in question would have had at the date of the passing of this Act were the provision of the Act under which the penalty was incurred or the sum of money became due and payable by him in operation to the extent prescribed by this Act at all relevant times.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
Clerk of petty sessions, court of petty sessions, now clerk of the court, Magistrates Court; see Justices Acts Amendment Act of 1964, s. 2 (4).
7. Responsibility. Subject to this Act, in any proceedings (whether instituted before, on or after the passing of this Act) against any person for-
(i) any offence committed before the passing of this Act; or (ii) the recovery of any sum of money which became due and
payable before such passing,
under any provision of any Act set out in the Schedule, other than the excepted sections, the defendant shall be liable for the offence or civilly liable, as the case may be, as if the Acts set out in the Schedule had been good and valid laws to the extent to which by this Act they are validated and declared to be, and to have been good and valid laws, and he shall not rely upon or be excused by any of the provisions of Chapter V of "The Criminal Code" so far as the same may apply, or be claimed to apply, because of the invalidity or alleged invalidity or non-operation or alleged non-operation of such provision on account of the presence in any such Act of any excepted section or failure to
4 s. 8 THE TRANSPORT LAWS VALIDATION ACT OF 1962 Sch.
comply in the enactment thereof with the provisions of section seven hundred and thirty-six of the "Merchant Shipping Act, 1894" (Imperial).
8. Order to show cause No. 36 of 1961. Nothing in this Act shall prejudice or affect the rights inter se of the parties in the proceedings in the Order to Show Cause No. 36 of 1961 entitled The Queen against The Commissioner for Transport: Ex parte Cobb and Co. Limited, Downs Transport Pty. Ltd., South Queensland Transport Pty. Ltd., Northern Downs Transport Pty. Ltd., Northern Transport Pty. Ltd., N.S.W. Transport Pty. Ltd., and Cobb and Co.-Redmans Transport Pty. Ltd., in relation to such proceedings, including any right of appeal in respect ofthejudgement in such proceedings given on the seventeenth day of May, one thousand nine hundred and sixty-two, by the Full Court of the Supreme Court of Queensland, and in relation to the sum of £73,948 12s. 7d. paid into Court in respect of such proceedings.
Regnal year and number
of Act
Act
SCHEDULE
Excepted sections Short title
2 Geo. 6 No. 15 "The State Transport Act Subsection (2) of section
of 1938" fifteen
11 Geo. 6 No. 17 "The State Transport Sections forty-nine, fifty, Facilities Act of 1946 " fifty-one and, so far as it relates to the carriage of passengers, or goods, or both passengers and goods, by water, section fifty- 12 Geo. 6 No. 6
I
"The State TransportFacilities Act Amendment Act of 1947"
13 Geo. 6 No. 26 "The Traffic Act of 1949"
15 Geo. 6 No. 15 6 Eliz. 2 No. 37 7 Eliz. 2 No. 15
"The State Transport Facilities Acts Amendment Act of 1951"
"The Roads (Contribution to Maintenance) Act of 1957"
"The Roads (Contribution to Maintenance) Act Amendment Act of 1958"
five
Scb. THE TRANSPORT LAWS VALIDATION ACT OF 1962 Scb. 5
SCHEDULE-continued
Act Regnal year
and number of Act
Excepted sections Short title
7 Eliz. 2 No. 67 "The State Transport
Facilities Acts
(Administration) Act of 1958"
8 Eliz. 2 No. 21 "The State Transport Facilities Acts and Another Act Amendment Act of 1959"
9 Eliz. 2 No. 48 "The State Transport Act Sections fifty-six and of 1960 " fifty-seven, and so far as it relates to the carriage of passengers or goods, or both passengers and goods, by water, section sixty
By Authority: S. R. HAMPSON, Government Printer, Queensland 68871 (itrs3)-4/86
INDEX
TO
THE TRANSPORT LAWS VALIDATION ACT OF 1962
Page
Act-
interpretation of meaning of term short title of ..
Acts-
validation of certain Administrative Acts-
done under Acts validated Appeal-
right of, not affected
Commissioner of Transport-
A
c
s. 5 2 1 3, Sch.
s. 4 . 6 (7)
may request certificate re proceedings and reduction of penalty. . 6 (5)
D
Default of payment-
when person not to be imprisoned re . . . . . . . . . . where person imprisoned re, penalty to be reduced re time in
prison ..
Defendant-
when liable re validation of Acts
Enactment- meaning of term Excepted sections-
meaning of term of validated Acts
Imprisoned-
E
I
when person not to be re default of payment .
J
Justices Acts-
to apply subject to s. 6 .
6(2) 6(4)
2 2.
Sch.
s. 6 (2)
6(1)
1, 4
2
1 4
2
2
8
Liability-
when arises re validation of Acts
Meaning of terms- Act enactment.
Excepted sections Schedule
Order to Show Cause No. 36 of 1961- nothing in Act to affect proceedings re
Penalty-
certificate re proceedings and reduction of proceedings re unpaid
recovery of . . .. .. .. . when right of appeal re not affected when to be reduced
Proceedings-
INDEX
L
M
0
p
nothing in Act to affect re Order to Show Cause No. 36 of 1961
Recovery of penalties Right of appeal-
when not affected re penalty
Schedule- meaning of term Short title of Act
Validation-
of all administrative acts when liability arises re, of Acts
R
s
v
s. 7
2 2 2 2
6 (5) 6 (6) 6(3) 6 (7) 6(4)
8 ..
6 (3) 6 (7)
2.
4.
7
By Authority: S. R. HAMPSON, Government Printer, Queensland 68871 (itrs3)-4/86
Page
4
2 2 2 3 2 4
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