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QUEENSLAND
[Reprinted as at 1 August, 19901
[Regulations published Gazette 24 January 1987, pp. 379-383; as amended by regulations published Gazette 23 December 1989, g , 2607.1
Department of Local Government IS ~xcellency the Governor, acting b and with the advice of the G o v ~ ~ n ~ e n t ( ~ h i ~ a t ~ w n ~a~~ Act 1984, has been pleased to make the following ~ e ~ u l a t i o n s .
R. J. HINZE Brisbane, 22nd January, 19 Executive Council and in pursuance o F the provisio~s of the Local
ons may be cited as the Local ~ o v e ~ m e n t 2. In these Regulations, unless the context otherwise indicates
requires, the t e m s used shall have the meaning respectively assign to them by the Act and the following t e m s shall have and include meaning respectively assigned to them that is to say:-
“the Act”- the Local ~ ~ v (Ch ~ atown ~ ~a~~ n Act ~ 1984; ~ ~ t
“the Schedule”-the Schedule to these
3. (1) The Forms set fo in the Schedule shall be used for the purposes for which they are applicable:
Provided that no s ch. form shall be deemed invalid if it is to the effect of the respectiv y proper Form in the Schedule with such modifications as the ci mstances require.
(2) M e r e a Form prescribed by these regulations require by insertion of particulars or other matters referred to i those particulars or other matters are prescribed as the pa
other matters required under the provisions of the Act for the p u ~ ~ s e § for which the Form is prescribed.
(3) A Form prescribed by these regula~ons shall be completed in
accordance with such directions as are specified in the Form as so
prescribed.
re
e sum of $50 shall
As a ~ e n d e d by regulations published Gazette 23 December 1989, p. 2607 (as from
LOCAL GBV T 3 1'1
er 1389, p. 2607 (as
To of
Ti
LOCAL ~ O V E ~ ~ E N T C ~ I ~ A T O sch. f.1
6
4 Sch. t l
R E ~ U ~ T I NS 1987 P ~ E S C ~ B E D ~~~A~~ $50
m
NumberI
Authorised Officer.
*
insert name of nominated offfcer.t
Pelete whichever not applicable.Reverse Side
of
FormYour attention is drawn to the provision of subsections (3),.(4), (6), (7), (8) and (9) of section 32 of the Act. The following notes are a summary in general terms of the provisions of those subsections.
(1) Whereas, under the Act, the person, who is at the time of the alleged offence the owner of the vehicle to which the notice relates, is deemed to have comm~tted the alleged offence, the owner shall not be so deemed if, no later than 10 da s after service on him manager or secretary) furnishes to the Town Clerk a s t a t u t o ~ declaration stating that the declaration is made for the purposes of section 32 of the Act and further stating-
(a) that he was not in charge of the vehicle or the vehicle was not being used for the ~urposes of the body corporate, as the case may be, at the time of the alleged offence and the name and address of the person who was in charge of the vehicle at the time; or
(b) facts w ~ c h e s ~ b I i s h that he or the body corporate, as the case may be, had sold the vehicle before the time of the alleged offence, the name and address of the person to whom the vehicle was sold, the time of sale and the name and address of the agent, if any, who made the sale.
(2) The owner of a vehicle the subject of an alleged offence (or where the vehicle is owned by a body corporate, a director, manager or secretary), may, where a notice has been served otherwise than by attaching it to the vehicle, not later than 10 days after the service of the notice, or where a notice has been served by attaching it to the vehicle, not later than 10 days after service of a summons in respect of the offence, furnish to the Town Clerk a statutory declaration stating that the declaration is made for the purpose of section 32 of the Act and further stating-
(a) that the owner was not in charge of the vehicle at the time or, in the case of a body corporate to the knowledge of the declarant, from the facts set out in the declaration, the vehicle was not being used for the purposes of the body corporate at the time, that the declarant has not been able to a s ~ r t a i n who was in charge of the vehicle at that time and the nature of the i n q u i ~ e s made to ascertain the name and address of the person in charge of the vehicle at the time; or
ish that the vehicle was, at the time of the alleged offence, taken.
( 3 ) At the h e a ~ n g of a prosecution for an offence against the owner of a vehicle who has f u ~ i s h e d a d ~ l a r a t i o n referred to in (2) above, the Court shall dismiss the charge if it is satis~ed (whether on the statements contained in the declaration or otherwise) that-
(a) where the d ~ l a r a t i o n is under (a) of 2) above, the owner was not in charge of the vehicle or the vehicle was not
b
eing used for the purpose of the body corporate, as the case may be, at the time of the alleged offence and the inquiries made for the purpose of ascertaining the name and address of the person in charge of the vehicle at that time were reasonable in the circumstances and were carned out with due diligence; or(b) where the declaration is under (b) of (2) above, the vehicle, at the time of the alleged offence had been stolen or illegally taken or used.
of a summons in respect of the offence, he (or in the case of a bo
dy
y corporate, a director,[As amended by regulations published Gazette 23 December 1989, p. 2607 (as from 1 December 1989).]
h. f.2 LOCAL ~ O ~ E R N M E N T ( C ~ I ~ A T O ~ MALL) 5 REGULATIONS 1987
Form 2 Office Copy
Local Government ~Chinaiown Malo Act 1984 and Regulations I N ~ I N G E ~ E N T NOTICE
BRISBANE CITY COUNCIL Serial No.
OFFENCE UNDER SECTION 6
If you desire that this matter be not dealt with by a Court, you may forward or deliver this Notice to the CHIEF CASHIER, BRI§BANE A D ~ I ~ S T ~ T I O N CENTRE, 69 Ann Street, Brisbane, together .with the amount of the prescribed penalty, within 14 days of the service hereof or within such firther time as the Town Clerk or+
allows in which event your liability in respect of the alleged offence shall be deemed to be discharged and no further proceedings shall be taken in respect of the alleged offence.
Receiving hours a.m. to p.m. Monday to Friday (holidays excepted).
PRESCRI~ED PENALTY $50 BRISBANE CITY COUNCIL
L,oeul Government ~ C h i n a t ~ w n Malo Act 1984 and Re~u~ations HICH CONCERNS A W O R ~ N G BEAST
OFFENCE UNDER SECTION 6 WHICH CONCERNS A WORKING BEAST To
of
Description of Working Hour Min. Date Month Year
It is hereby alleged that, at the time and date shown above, an o&nce under section 6 of the Act was committed in that not being authorised as is provided under that section you did-
?
d ~ v e / r i d e / ~ ~ i t another person to drivelride?
the abovernentioned working beast on a part of the Mall.f suffer the ab~vementione~ working beast, of the use of which you had control, to be on part of the Mall.
P ~ S C R I ~ E D PENALTY $50
I I I I ' I I
I
Number
~
Authorised Officer.
m
Date*Insert name of nominated officer.
f Delete whichever not applicable.
[As amended by regulations published Gazette 23 December 1989, p- 2607 (as from 1 December 1989).]
shown abovej an o ~ e ~ ~ e under in tha: you did (here insert de
1989, p. 2607 (as from
QUEENSLAND- ,1989
