Brisbane City Council Business and Procedure Act 1939

Queensland Brisbane City Council Business and Procedure Act 1939 Reprinted as in force on 19 January 1996 Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 23 s 253 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This Act is reprinted as at 19 January 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • update citations and references (pt 4, div 2) • update references (pt 4, div 3) • express gender specific provisions in a way consistent with current drafting practice (s 24) • use gender neutral office names (s 25) • correct spelling and use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • use expressions consistent with current drafting practice (s 29) • relocate marginal or cite notes (s 34) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 40) • omit the enacting words (s 42A) • number and renumber certain provisions and references (s 43). Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including— • table of changed names and titles • table of renumbered provisions. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’).

Queensland Brisbane City Council Business and Procedure Act 1939 Contents Page 1 Short title and construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Chairperson of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Rules of procedure respecting business etc. in council . . . . . . . . 4 4 Appointment of officer of public service to coordinate business etc. of the council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Effect of rescission of resolution. . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Interpretation of provisions of Local Government Act 1936 as to title for land sold or acquired by local authority . . . . . . . . . . . . . . 7 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 10 10 10 11 11 11

Brisbane City Council Business and Procedure Act 1939 [s 1] Brisbane City Council Business and Procedure Act 1939 [as amended by all amendments that commenced on or before 19 January 1996] An Act to provide for the making of rules relating to the conduct of business and proceedings in the council of the City of Brisbane, and for other purposes 1 Short title and construction (1) This Act may be cited as the Brisbane City Council Business and Procedure Act 1939 , and shall be read and construed with the City of Brisbane Act 1924 and the City of Brisbane Financial Emergency Act 1939 . (1A) Nothing in this Act shall prejudice any provision of the City of Brisbane Financial Emergency Act 1939 , but any provision of the City of Brisbane Act 1924 , shall, so far as may be necessary to give full operation and effect to this Act, be read and construed subject to this Act. Meaning of terms (2) In this Act any term to which a meaning is assigned by the City of Brisbane Act 1924 , shall, unless the context otherwise indicates or requires, have the meaning so assigned to it. 2 Chairperson of the council (1) The council shall elect a chairperson of the council. (2) The chairperson shall be entitled to preside at all meetings of the council and of committees of the whole council, and shall be responsible for the conduct in accordance with the rules of procedure and local laws of all business in the council or in committees of the whole council. Reprint 1 Page 3

Brisbane City Council Business and Procedure Act 1939 [s 3] (3) From and after the making of rules of procedure hereunder the chairperson shall be elected in the manner prescribed in such rules and, moreover, the chairperson for the time being shall in the conduct of any business in the council or in any committee of the whole council cause all such rules of procedure as are applicable to be enforced and observed. (4) The first election of a chairperson of the council shall be held at the first meeting of the council after the passing of this Act and thereafter the chairperson shall be elected at the first meeting of every new council. (4A) However, if a vacancy occurs at any time in the office of chairperson the council shall, as soon as may be, elect a new chairperson. (5) Nothing in this section shall prejudice the lord mayor as leader in the council or the lord mayor’s right to control the business in the council or in any committee of the whole council. 3 Rules of procedure respecting business etc. in council (1) The Governor in Council may from time to time, by order in council, make such rules of procedure as the Governor in Council shall think necessary or expedient for the proper conduct of business and proceedings in the council and in committee of the whole council, and for providing rules, forms, and usages to be followed and observed with respect to the conduct of business and proceedings in the council and in committees of the whole council. (2) The rules of procedure may provide for suspension for a defined period for any breach thereof. (3) In so far as not prescribed by such rules of procedure business and proceedings in the council and in any committee of the whole council shall be conducted as prescribed by all such local laws of the council as are applicable in that behalf. Page 4 Reprint 1

Brisbane City Council Business and Procedure Act 1939 [s 4] 4 Appointment of officer of public service to coordinate business etc. of the council (1) The Governor in Council may, by a notice published in the gazette, second an officer of the public service to the council. (2) Such officer shall be charged with the duty of recommending to the council— (a) such distribution of the business of the council; and (b) such arrangement of the staff of the council; and (c) such allotment of their respective duties to officers and employees of the council; as will ensure the establishment and continuance of a proper standard of efficiency and economy in the service of the council, including— (d) the efficiency, economy, and general working of each department; (e) the avoidance of overlapping as between department and department, branch and branch, section and section, officer and officer, employee and employee; (f) such adjustments as will avoid understaffing and overstaffing; (g) the ratio of juniors to seniors and the size of section which it should be possible for a responsible employee to control; (h) particulars of work to be performed by each officer or employee; (i) aptitude of an officer or employee for any work and general suitability for any position; (j) the adjustment of the position of any officer or employee who is in receipt of a greater salary or remuneration than is reasonably sufficient for the work performed by him or her; (k) arranging for giving officers or employees a general training for the filling of the various positions in the service of the council; Reprint 1 Page 5

Brisbane City Council Business and Procedure Act 1939 [s 5] (l) the standardisation of methods and the adoption of uniform methods of procedure in cases where these things are desirable and necessary; (m) the directions (if any) in which expenditure could be reduced without sacrifice of efficiency; (n) the extent of the control and supervision by the senior employees of the work of their subordinates; (o) such organisation of every department, branch, or section, that the best use is made of materials, plant, equipment, and stores. (3) The council shall give effect to all such recommendations made by the officer so seconded as aforesaid. (4) However, if the mayor satisfies the Minister that any such recommendation should be modified, the Minister may refer the recommendation concerned to the Governor in Council who may modify or refuse to modify the same. 5 Effect of rescission of resolution (1) Any resolution of the council rescinded, whether before, on, or after the passing of this Act, by the Governor in Council, shall be, and is hereby declared always to have been 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. (2) In any case where a resolution so rescinded empowered or authorised, or purported to empower or authorise, the making by or on behalf of the council of any contract or agreement, or the acceptance by or on behalf of the council of any tender or the doing or executing by or on behalf of the council of any other act, matter or thing whatsoever, any such contract or agreement made or purporting to have been made, or any such tender accepted or purporting to have been accepted, or any such other act, matter or thing done or purporting to have been done in pursuance of such resolution, shall (whether made, accepted, or, as the case may be, done before, on, or after the passing of this Act) be, and is hereby declared always to have been, void ab initio. Page 6 Reprint 1

Brisbane City Council Business and Procedure Act 1939 [s 6] (3) When, pursuant to this section, any contract or agreement made by or on behalf of the council, or any acceptance of a tender by or on behalf of the council, or any other act, matter or thing whatsoever done by or on behalf of the council is void ab initio, no action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against the council or any member, officer, or employee of the council for or in respect of any damage or loss or injury sustained or alleged to be sustained, or for or in respect of any other right or remedy whatsoever conferred or alleged to be 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 the other act matter or thing concerned. (4) If the Governor in Council when rescinding a resolution of the council 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. (5) If any contractor whose contract with the council becomes void ab initio under and in pursuance of this section at any time after the passing of this Act satisfies the Governor in Council that such contract was bona fide and that the contractor incurred expense prior to the date of the rescission by the Governor in Council of the resolution authorising same in or for the purposes of the execution, performance, or carrying out of such contract, then the Governor in Council may direct the council to pay, and thereupon the council shall pay, the amount of such expense to such contractor any amount so directed to be paid shall constitute a debt due and owing by the council to the contractor concerned. 6 Interpretation of provisions of Local Government Act 1936 as to title for land sold or acquired by local authority (1) When the registrar of titles is required under and pursuant to Local Government Act 1936 to register the local authority as the registered proprietor for an estate in fee simple or other Reprint 1 Page 7

Brisbane City Council Business and Procedure Act 1939 [s 6] estate of freehold in any land free of any obligation as referred to in section 27(11)(iv) of the Local Government Act 1936 , the requirements of that Act shall be and shall be deemed to have been complied with if and when the registrar of titles shall have made all such recordings in the register as the registrar shall consider necessary to register such local authority in such register as the registered proprietor of the land in question. (2) The Local Government Act 1936 does not require the registrar of titles to issue a new certificate of title for such land. (3) However, if the local authority requires a new certificate of title to issue for such land in its name as registered proprietor then the local authority shall pay the prescribed fee therefor. (4) In addition, where registered proprietors hold land for an estate in fee simple as tenants in common or where the land dealt with is part of the land contained in a certificate of title or deed of grant in the office of the registrar of titles, then and in such cases a new certificate of title shall issue to the local authority on payment of the prescribed fee therefor. (5) Also, any purchaser of land from a local authority shall (and whether or not the local authority concerned is the registered proprietor of such land at the time of the sale or purchase thereof) if required by the registrar of titles take out a new certificate of title for such land and pay the prescribed fee for the same. (6) Nothing in subsection (5) shall render the purchaser liable to pay lodgment or registration fees in respect of a certificate under the Local Government Act 1936 in the office of the registrar of titles. Page 8 Reprint 1

Endnotes Brisbane City Council Business and Procedure Act 1939 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7 Table of changed names and titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 19 January 1996. Future amendments of the Brisbane City Council Business and Procedure Act 1939 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 1 Page 9

Brisbane City Council Business and Procedure Act 1939 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to 1986 Act No. 26 Effective 8 April 1986 Reprint date 19 January 1996 5 List of legislation Brisbane City Council Business and Procedure Act 1939 3 Geo 6 No. 30 date of assent 1 December 1939 commenced on date of assent amending legislation— City of Brisbane Acts and Another Act Amendment Act 1948 12 Geo 6 No. 45 pt 3 date of assent 29 November 1948 commenced on date of assent Page 10 Reprint 1

Brisbane City Council Business and Procedure Act 1939 Endnotes Real Property Acts and Other Acts Amendment Act 1986 No. 26 s 4 sch date of assent 8 April 1986 commenced on date of assent (see s 2(1)) Local Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1 (this Act is amended, see amending legislation below) date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions never proclaimed into force and om (2010 No. 23 s 344(1)) amending legislation— City of Brisbane Act 2010 No. 23 ss 1–2(1)(a), 344(1) (amends 2009 No. 17 above) date of assent 17 June 2010 commenced on date of assent (see s 2(1)(a)) 6 List of annotations Chairman of the council s 2 amd 1948 12 Geo 6 No. 45 s 6 Interpretation of provisions of the Local Government Act 1936 as to title for land sold or acquired by the local authority s 6 amd 1986 No. 26 s 4 sch Repeal of s. 21 of “The City of Brisbane Acts, 1924 to 1937” s 7 om R1 (see RA s 40) 7 Table of changed names and titles under the Reprints Act 1992 ss 23 and 23A Old ordinance (of a local authority) New local law (of a local government) Reference provision Local Government Act 1993 s 796(1)(l) 8 Reprint 1 Table of renumbered provisions under the Reprints Act 1992 s 43 [Reprint No. 1] Previous Renumbered as 1, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .1(1A) 2(4), proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2(4A) Page 11

Brisbane City Council Business and Procedure Act 1939 Endnotes Previous Renumbered as 3, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(1) 3, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .3(2) 3, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .3(3) 4, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(1) 4, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .4(2) 4, 2nd sentence, (c)(i) . . . . . . . . . . . . . . . . . . . . . .4(2)(d) 4, 2nd sentence, (c)(ii) . . . . . . . . . . . . . . . . . . . . . .4(2)(e) 4, 2nd sentence, (c)(iii) . . . . . . . . . . . . . . . . . . . . .4(2)(f) 4, 2nd sentence, (c)(iv) . . . . . . . . . . . . . . . . . . . . .4(2)(g) 4, 2nd sentence, (c)(v) . . . . . . . . . . . . . . . . . . . . . .4(2)(h) 4, 2nd sentence, (c)(vi) . . . . . . . . . . . . . . . . . . . . .4(2)(i) 4, 2nd sentence, (c)(vii) . . . . . . . . . . . . . . . . . . . . .4(2)(j) 4, 2nd sentence, (c)(viii) . . . . . . . . . . . . . . . . . . . .4(2)(k) 4, 2nd sentence, (c)(ix) . . . . . . . . . . . . . . . . . . . . .4(2)(l) 4, 2nd sentence, (c)(x) . . . . . . . . . . . . . . . . . . . . . .4(2)(m) 4, 2nd sentence, (c)(xi) . . . . . . . . . . . . . . . . . . . . .4(2)(n) 4, 2nd sentence, (c)(xii) . . . . . . . . . . . . . . . . . . . . .4(2)(o) 4, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(3) 4, proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4(4) 5, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(1) 5, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .5(2) 5, 3rd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(3) 5, 4th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(4) 5, 5th sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .5(5) 6, 1st sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(1) 6, 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . . . . .6(2) 6, 1st proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(3) 6, 2nd proviso . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(4) 6, 3rd proviso. . . . . . . . . . . . . . . . . . . . . . . . . . . . .6(5) © State of Queensland 2010 Page 12 Reprint 1