PART IV.

Summary proceedings

for offences.

Appeal.

Special case.

Persons in service of the Crown bound.

Common law or statutory liability not affected.

Motor Vehicles Act.-1921.

(3) A licence suspended under this section shall, during the period of suspension, be of no effect, and a person whose licence is suspended, or who is declared by the Court to be disqualified for obtaining a licence, shall, during the period of suspension or disqualification, be disqualified for obtaining a licence.

(4) The Court may cause particulars of each conviction or order in respect of an offence under this Act to be forwarded to the Registrar.

53. All proceedings in respect of offences against this Act shall be disposed of summarily.

54. There shall be an appeal in respect of proceedings in respect of offences against this Act.

55. In the event of an appeal in respect of proceedings in respect of offences against this Act, a special case may be stated.

56. This Act applies to persons in the Public Service of the Crown while engaged on such service, as well as when not so engaged.

57. Nothing in this Act shall affect any liability of any person under any statute or at common law.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
W. E. G. A. WEIGALL, Governor.

Adelaide By authority, R. E. E. ROGERS, Government Printer, North Terrace.

An Act to further amend the South-Eastern Drainage
Act Amendment Act, 1908.

[Assented to, December 7th, 1921.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

BE

follows:

1. (1) This Act may be cited alone as the "South-Eastern Short titles. Drainage Act Further Amendment Act, 1921."

(2) The South-Eastern Drainage Act Amendment Acts, 1908 to 1919, and this Act may be cited together as the "South-Eastern Drainage Act Amendment Acts, 1908 to 1921."

other Acts.

2. This Act is incorporated with the South-Eastern Drainage Incorporation with Act Amendment Act, 1908, and the Acts with which that Act is incorporated, and those Acts and this Act shall be read as one Act.

3. Section 8 of the South-Eastern Drainage Act Amendment Amendment of Act Act, 1908, is amended by striking out subsections (1) to (5) thereof No. 962 of 1908. (both inclusive) and substituting in lieu thereof the following sub

sections:

Nomination of

representative members of Assessment Board to be by

(1) Whenever the office of a representative member of the landholders.
Assessment Board becomes vacant, or under section 12 is about
to become vacant, the Commissioner shall, by notice published
in the Gazette, call upon the landholders of land comprised
within the ward, represented by the member whose office has
become, or is about to become, vacant to nominate a person
for election as a member to fill the vacant office.

(2) Thereupon

10

2

South-Eastern Drainage Act Further Amendment Act.-1921. (2) Thereupon any two landholders of land comprised within the ward who are entitled to vote at the election may nominate any other person for election as such member. No such nomi

nation shall be valid unless

(a) the nomination paper is signed by the two landholders making the nomination, and also by the person nominated in token of his consent thereto; and

(b) the nomination paper complying with the preceding requisites is received by the Commissioner within twenty-eight days from the publication of the notice mentioned in subsection (1) hereof.

(3) The Commissioner shall publish in the Gazette a notice, which shall state the names and addresses of the persons nominated for election as a member to represent the ward upon the Assessment Board, and shall, in the event of there being more than one person so nominated, by such notice appoint a person to act as Returning Officer for the ward for the purpose of the election, and, if the vacancy to be filled is caused otherwise than pursuant to section 12 hereof, shall by such notice also appoint a date upon which a poll shall be taken for the election.

(4) After the publication in the Gazette of the notice mentioned in subsection (3) hereof, each District Council in the ward shall cause a poll to be taken within its district for the election of a member to represent the ward upon the Assessment Board, and, if the vacancy to be filled is caused otherwise than pursuant to section 12 hereof, such poll shall be taken on the date appointed in that behalf by such notice. For the purpose of any such election the portion of the County of Cardwell defined in the First Schedule to this Act shall be deemed to be within the district of the District Council of Lacepede.

(5) The following provisions shall apply to the taking of such poll within any district:

(a) The District Council shall appoint a Returning Officer, not being one of the persons nominated as aforesaid, for the purpose of the poll:

(b) The persons to be submitted as candidates to the voters
at the poll shall be all the persons nominated as afore-
said; and their names and addresses shall appear on
the ballot papers :

(c) The persons entitled to vote at the poll shall be all the
landholders of land comprised within the district, and
each such landholder shall have one vote.
In case
of joint tenancy or tenancy in common the provisions
of the District Councils Act in that behalf shall
apply:

(d) The

South-Eastern Drainage Act Further Amendment Act.-1921.

(d) The Returning Officer shall, before the day on which the
poll is to be taken, cause to be furnished for use at
each polling-place a list of the landholders entitled to
vote at such polling-place, showing the land in respect
of which each landholder is qualified to vote; and
the Returning Officer shall, under his hand, certify
such list to be correct:

(e) Subject to the provisions of this Act, the poll shall be
taken at the same places and in the same manner as
polls for the election of district councillors under the
District Councils Act are taken; and, subject as
aforesaid, all the provisions of the District Councils
Act as to polls at such elections and as to the rights,
powers, and duties of Returning Officers, candidates,
and other persons relating thereto or connected there-
with shall, mutatis mutandis, apply to the poll, and
all matters relating thereto or connected therewith:
(f) At the close of the poll the Returning Officer shall
examine the votes, and openly declare the general
state of the votes as the same are made up by him
from the voting-papers taken at the several voting-
places; and shall declare the result of the poll.

4. Part III. of the South-Eastern Drainage Act Amendment Amendment of Act Act, 1908, is amended by inserting after section 41 thereof the No. 962 of 1908, following section:

Part III.

41A. The Drainage Board may, for such reasons as it thinks Board may reduce fit, at any time reduce the amount of or annul any assessment assessments even without appeal. made under section 40 which is for the time being in force, whether or not such assessment is or has been the subject of an appeal, and any alteration occasioned by any such reduction or annulment shall be made in the Drainage Assessment Book.

Drainage Board to

5. (1) In any case where an appeal against an assessment for Appeals may be made rates made to the South-Eastern Drainage Assessment Board has from decisions of not been upheld by the Board, a further appeal may be made Local Court. against such assessment to the Local Court of Full Jurisdiction nearest to the land comprised in such assessment. Such Local Court shall, for the purpose of hearing and determining all appeals under this section made to such Local Court which are set down for hearing at a particular sitting thereof, be constituted of a Special Magistrate and two other persons not being landholders of land situated within ten miles of the land comprised in such assessment, one of whom (who may be a member of the said Board) shall be appointed by the said Board, and the other by all the appellants who have appealed to such Local Court and whose appeals are set down for hearing at such sitting. Such appointment shall be made in manner prescribed. Such persons shall, for the purpose of hearing and determining such appeal, be deemed to be Justices of the Peace.

(2) Every

Amendment of Act No. 1295 of 1917, 8. 26

South-Eastern Drainage Act Further Amendment Act.-1921.

(2) Every such appeal shall be commenced within two months from the passing of this Act, or within two months from the determination of the original appeal by the said Board, whichever is the later date.

(3) The provisions of Part XI. of the District Councils Act, 1914, so far as they apply to appeals to a Local Court and are not inconsistent with the provisions of this section, shall apply, mutatis mutandis, to appeals under this section.

6. Section 26 of the South-Eastern Drainage Act Further Amendment Act, 1917, is amended by substituting for the word Appeal to Board final. "only" in subdivision (b) thereof the words "in the first place", and striking out the words " and the decision of the Board on any such appeal shall be final" in the said subdivision.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
W. E. G. A. WEIGALL, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.