STATE TRANSPORT ACT 1938 Reprinted as in force on 12 January 1996 Reprint No. 1 > TABLE OF PROVISIONS Contents 1. Short title 2. Emergency powers 3. General penalty 4. Regulation making power Endnotes - LONG TITLE An Act to provide for the better coordination and utilisation of transport facilities within the State, and for other purposes 1 Short title This Act may be cited as the State Transport Act 1938. 2 Emergency 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. 3 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 maximum penalty of 20 penalty units. 4 Regulation 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. - NOTES Page Date to which amendments incorporated 5 Key 6 Table of reprints 6 List of legislation 6 List of annotations 7 Table of renumbered provisions 10 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 12 January 1996. Future amendments of the State Transport Act 1938 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No.[X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition o in c = order in council s = section om = omitted sch = schedule orig = original sdiv = subdivision p = page SIA = Statutory Instruments Act 1992 para = paragraph SIR = Statutory Instruments Regulation 2002 prec = preceding SL = subordinate legislation pres = present sub = substituted Reprint No. Amendments to Effective Reprint date 1 1995 Act No. 58 28 November 1995 12 January 1996 This reprint has been renumbered--see table of renumbered provisions in endnote 7. Previous Renumbered as 22, 1st sentence 2(1) 22, 2nd sentence 2(2) 22, 3rd sentence 2(3) 22, 4th sentence 2(4) 23 3 24 4 >