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©State of Queensland

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QUEENSLAND

STATE TRANSPORT ACT 1938-1981

[Reprinted as at 1 April, 1983]

State Transport Act of 1938, 2 Geo. 6 No. 15 As amended by

Local Government Acts and Other Acts Amendment Act of 1943, 7 Geo.

6 No.13

State Transport Facilities Act of 1946, 11 Geo. 6 No.17, s. 5 Traffic Act of 1949, 13 Geo. 6 No. 26, s. 4.

State Transport Acts Amendment Act 1981, No. 93, Part III

An Act to Provide for the Better Co-ordination and Utilisation of Transport Facilities within the State, and for other purposes

[Assented to 24 November, 1938]

BE IT ENACTED by the King'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. (1) Short title and commencement of Act. This Act may be cited as "The State Transport Act of 1938," and shall, subject as hereinafter provided, come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act.

(2) Construction of Act. This Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment thereof would but for this subsection have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

Commenced 2 January 1939 (Proc. pubd. Gaz. 17 December 1938, p. 2622).

Collective title conferred by Act of 1981, No. 93, s. 9 (2).

REPEALS AND SAVINGS

i

Repeal of the Act 23 Geo. 5 No. 24. Schedule I. Subject to the provisions hereinafter in this section contained, the Acts mentioned in Part I of Schedule I to this Act are repealed (such Acts being hereinafter in this section referred to as the repealed Acts), the Acts mentioned in Part II of the said Schedule are amended to the extent therein respectively provided; and the provisions contained in Part III to the said Schedule

shall apply and extend to the Acts therein mentioned:

Provided that, but without limiting the operation of " The Acts Shortening Acts"-

(i) Proclamation, etc., under repealed Acts. All Proclamations, Orders in Council, regulations, notifications, registrations,

(3)

2 s.2 STATE TRANSPORT ACT ,1938-1981

permits, pro~ibitions, orders, licenses, and approvals made, issued, or gtven under the repealed Acts, or any of them, and in force at the coming into operation of this Act shall subject as hereinafter provided, continue in force until th~

same or any of !hem are repealed, amended, revoked, or cancelled under thts Act:

Provided that every such Proclamation, OrJer in Council, regulation, notification, registration, permit, prohibi- tion, order, license, or approval shall be read and construed subject to this Act;

(ii) Proceedings, etc. All proceedings and things commenced, or had, or done by the Governor in Council, or by the Minister, or by the State Transport Board, or by the Registrar of Vehicles, or by any other body or person under or in pursuance of the said repealed Acts, or any of them, may be continued and completed and shall be and continue to be of the same force and effect to all intents and purposes as if no such repeal had taken place;

(iii) Moneys, etc., due. All moneys which having accrued due under the repealed Acts, or any of them, are at the commencement of this Act due or payable to or recoverable by the Crown, or the Minister, or the State Transport Board, or any other body or person shall be and continue to be so due, payable, and recoverable, and may be paid and received and recovered by the corresponding body or person established or appointed under this Act; and, moreover, any moneys standing to the credit of any Fund established under the repealed Acts, or any of them, shall be transferred to the Fund established under this Act;

(iv) Penalties. All penalties and forfeitures imposed under the said repealed Acts, or any of them, and incurred at the commencement of this Act shall and may be enforced as if this Act had not come into operation;

(v) Actions, etc. All actionr.: and proceedings of whatever nature commenced or pending at the commencement of this Act under the repealed Acts, or any of them, may be carrid on and prosecuted as if this Act has not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained;

(vi) Dissolution of Board. The State Transport Board constituted under the repealed Act shall be dis8olved and the members thereof shall go out of office as and from the commencement of this Act;

{vii) Reference to repealed Acts. When in any Act reference is made to any provision of the repealed Acts, or any of them, or of any Act thereby repealed, it shall be taken, unless the

~ontext otherwise indicat~s or requires, that such reference ts to the corresponding provision of this Act, and such enactment shall be read and construed «ccordingly, and where any other

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STA'IE TRANSPORT ACf f938-1981 s. 3 3

Act makes any provision with respect to any fund established under the repealed Acts, or any of them, such provision shall be deemed to be made with respect to and shall apply to the corresponding fund established under this Act.

INTERPRETATION

3. Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:-

" Commission "-The State Transport Commission appointed under this Act;

"Minister "-The Minister for Transport or other Minister for the time being charged with the administration of this Act;

"Motor vehicle "-A vehicle propelled by gas, motor spirit, oil, electricity, steam, or any other mechanical means, and used or intended to be used on any public highway: the term includes motor cycle, but does not include a railway or tramway locomotive, tram motor, or tram car;

"Owner "-The term and its derivatives include every person who is the owner, joint owner, or part owner of the vehicle, and any person who has the use of the same under a hiring agreement or hire-purchase agreement;

" Passenger " does not include the driver or conductor;

" Prescribed "-Prescribed by this Act;

"Registrar of Vehicles" or "Registrar "-The officer appointed under this Act to be the Registrar of Vehicles, or any person duly acting as such:

Provided that from and after the commencement of this Act any reference in any Act, regulation, or law to the Registrar of Heavy Vehicles or the Registrar of Motor Vehicles shall be and be deemed to be and shall be construed as a reference to the Registrar of Vehicles;

"Regulations "-Regulations made under the authority of this Act;

"Tare "-The weight of the vehicle fully equipped for travelling but not including any load;

"This Act "-This Act and all Proclamations, Orders in Council, regulations, directions, determinations, notifications, and licenses thereunder;

" Tractor "-A power-driven vehicle used or intended to be used for hauling trailing vehicles (including a trailing vehicle partially superimposed thereon), but not built or equipped to carry passengers or goods (other than fuel or water for its own consumption);

" Traffic area "-A traffic area declared in pursuance of this Act;

" Traffic route "-A traffic route declared in pursuance of this Act;

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4 ss. 4-22 STATE TRANSPORT Acr ·1938-1981

"Vehicle" shall include any vehicle whatsoever propelled or drawn by animal or other motive power and used or intended to be used on any public highway; the term expressly includes a motor vehicle, trailer, caravan-trailer, traction-engine, tractor, and velocipede (which lastmentioned term in this Act means any bicycle, tricycle, or vehicle of similar description which bicycle, tricycle, or vehicle is not a motor cycle) but

does not include a tram or train:

Provided that any one or more of these definitions may from time to time be modified by Order in Council.

As amended by Order in Council published Gazette 27 January 1940, p. 413.

4-12. (Repealed).

Repealed by Act of 1946, No. 17, s. 5 (1) (i).

13. Appointment of officers. The Governor in Council may appoint such officers, including the Registrar of Vehicles, as he thinks necessary for the purposes of this Act, and such officers shall be paid such remuneration as the Governor in Council directs.

As amended by Act of 1946, No. 17, s. 5 (2).

14-18. (Repealed).

19. (Repealed).

Repealed by Act of 1949, No. 26, s. 4.

20, 21. (Repealed).

Repealed by Act of 1946, No. 17, s. 5 (1) '(i).

22. Emergency powers. Where at any time it appears to the Governor in Council that any circumstances exist or are likely to come into existence within the State or within any part of the State, whether by fire, flood, storm, tempest, act of God, or by reason of any other cause or circumstance whatsoever whereby the peace, welfare, order, good government, or the public safety of the State or any part thereof is or is likely to be imperilled, the Governor in Council may, by Proclamation published in the Gazette (in this section referred to as a " Proclamation or emergency ") declare that a state of emergency exists in the State or within such part of the State as may be defined in such Proclamation.

Every such Proclamation of emergency shall be in force for the period specified therein not exceeding three months but may by a further Proclamation or further Proclamations of emergency be extended from time to time for a further period or periods no one of which shall exceed three months.

When any such Proclamation of emergency is in force in the State or in any part of the State, the Governor in Council may by Order in Council give such directions and prescribe such matters as he shall deem necessary or desirable to secure the peace, welfare, order, good government, and/or the public safety of the State or any part of the State according as a state of emergency has been declared under this Act to exist within the State or within such part thereof. And without limiting the generality of such powers the Governor in Council may

(6)

STATE TRANSPORT Act 1938~1981 ss.23,23A make provisions for securing the essentials of life to the people generally or, in any particular case, the securing and regulating of the supply and distribution of food, water, fuel, light, and/or other necessities, the provision and maintenance of the means of transit, transport, locomotion, and/or other services, and prescribing such other acts, matters, and things as the Governor in Council shall consider necessary or expedient to give effect to any such Order in Council.

And every such order and direction shall be obeyed and have full force and effect accordingly.

PENALTIES

23. (I) General penalty. Every person committing a breach of or failing to comply with any of the provisions of this Act shall, if no other penalty is specified, be liable to a penalty not exceeding $1 000.

(2) Recovery of penalties and fees. All penalties incurred and fees payable under this Act may be recovered in a summary way by complaint under "The Justices Acts, 1886 to 1932."

As amended by Act of 1981, No. 93 s. 10.

23A. Enforcement of penalty orders. (1) Where an order for the payment of a penalty or costs is made against a person for breach of or failure to comply with any provision of an Order in Council made under section 22, an order that, upon default in payment of the penalty or costs, the person in default be imprisoned or that the amount thereof be recovered by levy and distress shall not be made, but the following provisions of this section shall apply in relation to the recovery thereof.

(2) Where an order referred to in subsection (1) is made the clerk of magistrates courts or other person having custody of the record of the proceeding in which the order was made shall furnish to the complainant, or other person authorized by the Premier of the State, a certificate of the order in the prescribed form and that certificate may be registered in a court having jurisdiction to entertain civil proceedings in which the amount claimed is the amount of the order.

(3) The registrar of a court to whom a certificate referred to in subsection (2) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the complainant or other person to whom the certificate was furnished as plaintiff against the person in default as defendant for the payment to the plaintiff of money comprising-

( a) the amount of the penalty;

(b) any costs ordered to be paid by the person in default in the proceeding in which the penalty was imposed; and

(c) costs of registration of the certificate in the court,

5

to the intent that like proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by such court in favour of the plaintiff.

Inserted by Act of 1981, No. 93, s. 11.

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6 ss. 24-26 STATE TRANSPORT ACT 1938'-1981

REGULATIONS AND ORDERS IN COUNCIL

24. Regulations. (1) The Governor in Council may from time to time make all such regulations as he deems necessary or convenient for the purpose of carrying this Act into execution.

Schedule III. Without limiting the generality of the foregoing provisions, regulations may be made for all or any of the purposes set forth in Schedule III to this Act, which Schedule may from time to time be modified by Order in Council.

A regulation may impose a penalty for any breach thereof and may also impose different penalties in case of successive breaches, but no such penalty shall exceed $200.

A regulation may also impose a daily penalty for any breach thereof-that is to say, a penalty for each day on which the offence is continued after notice has been given to the offender of the commission of the offence, or after a conviction or order by any court, as the case may be: but no such penalty shall exceed $20 per day.

(2) Reguiations may be made upon the passing of this Act.

As amended by Act of 1981, No. 93, s. 12.

25. (Repealed).

26. Proclamations, Orders in Council, and regulations. All Proclamations, Orders in Council, and regulations made or purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.

Any such Order in Council may be rescinded, modified, or amended, whether by addition or otherwise, by a subsequent Order in Council under this Act.

The publication in the Gazette of any such Proclamation, Order in Council, or regulation shall be conclusive evidence of the matters contained therein of the power and authority to make such Proclamation, Order in Council or regulation.

All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication if Parliament is in session; or, if not, then within fourteen days after the commencement of the next session.

If Parliament passes a resolution disallowing any such Proclamation,

~rder in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such Hou~e after su~h

Proclamation, Order in Council, or regulation has been laid before It, such Proclamation, Order in Council, or regulation shall thereu~on

cease to have effect, but without prejudice to the validity of anythmg done in the meantime.

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STATE TRANSPORT ACf 1938-1981 s. 27, Sch. 1-lll 7 For the purpose of this sectiQn, the term " sitting days " shall mean, days on which the House actually sits for the despatch of business,

27. (Repealed).

Repealed by Act of 1946, No. 17, s. 5 (1) (i),

SCHEDULES SCHEDULE I

(Repealed by Act of 1946, No. 17, s. 5 (l) (ii).).

SCHEDULE II

(Parts I, II, III, V repealed by Act of 1946, No. 17, s. 5 (I) (ii); Part IV re.pealed by Act of 1949, No. 26, s. 4.).

SCHEDULE III

Clauses 1-12 (Repealed by Act of 1946, No. 17, s. 5 (I) (iii).).

Clauses 13-14 (Repealed by Act of 1949, No. 26, s. 4.).

Clause 31 (Repealed by Act of 1946, No. 17, s. 5 (I) (iii).).

Clause 40 (Repealed by Act of 1949, No. 26, s. 4.).

Clause 41 (Repealed by Act of 1946, No. 17, s. 5 (I) (iii).).

~3421-By Authority: S. R. IDNPSON, Government Printer, Queensland

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INDEX

TO

STATE TRANSPORT ACT 1938-1981

Act-

commencement of construction of short title of ••

Appointment of officers

Breach-

generally Act in ⁰⁰ ⁰⁰ ⁰⁰ re order in Council made under So 22

Commencement of Act Commission-

meaning of term ..

Construction of Act . . ⁰⁰ ^•⁰ Costs re enforcement of penalty orders

Emergency powers-

duration, extension re . . . . Governor in Council may invoke Proclamation of ⁰⁰ ⁰⁰ ⁰⁰ situations when, declared Enforcement of penalty orders

Governor in Council- appointment of officers by may declare state of emergency regulations made by

A

B

c

E

G

I

klte~reotation (See also " Meaning of terms ")- s•ttmg days ⁰o 0 0 0 0 0 0

s. 1 (I) 1 (2) 1 (I) 13

23 (1) 23 A o.

1 (I) 3 ..

1 (2) 23 A (3)

22 22 22 22 ..

23 A ..

13 22 24

26

Page

1 l 1 4

3 1 5

4 4 6

6

(11)

10

Meaning of terms- Commission Minister ..

Motor Vehicle Owner Passenger

Prescribed . . . . Registration of vehicles or Registrar Regulations

Tare This Act Tractor Traffic area Traffic route Vehicle ..

sitting days Minister-

meaning of term Motor vehicle-

meaning of term

Officers-

INDEX

M

0

appointment of . . . . . . . . discretion of Governor in Council to appoint re appointed as Registrar of Vehicles re remuneration ..

Orders in Council- ..

re published in Gazette Owner-

'Passenger- meaning of term Penalty-

default in payment of ..

p

enforcement of orders re . . . . . . general, re breach or failing to comply with Act order specifications re

re proceedings . . . . recovery of penalties and fees Prescribed-

Proclamation- of emergency ..

published in Gazette

Recovery of penalties and fees ..

Registrar of Vehicles or Registrar- appointment ..

Regulations- ..

published in Gazette Repeals- . . . . . .

actions re repealed Acts ..

R

acts re reference to . . . . . . . . . . . . dissolution of State Transport Board under repealed Act moneys, etc., due under repealed Acts . . . . . . penalties re repealed Acts

proceedings re repealed Acts

s. 3 3 3 3 3 3 3 3 3 3 3 3 3 3 26 3 3

13 13 13 13 24 26 3

3 23A (I) 23A ..

23 (I) 23A (2) 23A (2), (3) 23 (2)

3 22 26

23 (2) 13

3 24 3 26

2 ..

2 (v) 2 (vii) 2 (vi) 2 (iii) 2 (iv) 2 (i)

Page

3 3 3 3 3 3 3 3 3 3 3 3 3 3 6 3 3

4 4 4 4 6 6 3

3 5 s

5 s

5 5 3 4 6

5 4 3 6 3 6 I 2 2 2 2 2

~.

(12)

Short title

sitting days . . . . . . State Transport Board dissolved

Tare-

meaning of term This Act-

commencement of construction of meaning of term Tractor-

meaning of term Traffic area-

meaning of term Traffic route-

meaning of term

Vehicle-

meaning of term

INDEX

s

T

v

s. 1 26 ..

2 (vi)

3 1 1 (2).

3

3 3

3

53421- By Authority: S. R. HAMPSON, Government Printer, Queensland Page

I 6 2

3 1 I

11

3 3 3

3