State Transport Act 1938

An Act to provide for the better coordination and utilisation of transport facilities within the State, and for other purposes

1Short title

This Act may be cited as the State Transport Act 1938.

s 1 sub 1995 No. 58s 4sch 1

hdg prec s 2 om 1995 No. 58s 4sch 1

2Emergency powers

(1)Where 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 regulation declare that a state of emergency exists in the State or within such part of the State as may be defined in the regulation.

(2)Every such regulation shall be in force for the period specified therein not exceeding 3 months but may by regulation be extended for a further period or periods no one of which shall exceed 3 months.

(3)If a state of emergency has been declared, the Governor in Council may give such directions and prescribe such matters as the Governor in Council shall deem necessary or desirable to secure the peace, welfare, order, good government, 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.

(4)And without limiting the generality of such powers the Governor in Council may 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, or other necessities, the provision and maintenance of the means of transit, transport, locomotion, or other services, and prescribing such other acts, matters, and things as the Governor in Council shall consider necessary or expedient in the regulation.

s 2 prev s 2 om 1995 No. 58s 4sch 1

pres s 2 amd 1995 No. 58 s 4 sch 1

hdg prec s 3 om 1995 No. 58s 4sch 1

3General 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 maximum penalty of 20 penalty units.

s 3 prev s 3 om 1995 No. 58s 4sch 1

pres s 3 amd 1981 No. 93s 10; 1995 No. 58s 4sch 1

hdg prec s 4 om 11 Geo 6 No. 17 s 5(1)(i)

4Regulation making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may prescribe offences for a contravention of a regulation and fix a maximum penalty of not more than 4 penalty units, and, for a continuing offence, a further penalty of not more than 1 penalty unit for each day the offence continued after the conviction of the person for the offence.

s 4 prev s 4 om 11 Geo 6 No. 17 s 5(1)(i)

pres s 4 amd 1981 No. 93s 12

sub 1995 No. 58s 4sch 1

hdg prec s 5 om 11 Geo 6 No. 17 s 5(1)(i)