A.D. 1898. Existing Provident Fund to be transferred to Police Provident Fund. Money and other securities to be transferred. Appropriation of Fund to be managed and controlled by Board. Deductions from pay of Police to be added to Fund. Appropriation of fines and penalties in aid of Fund. Police Regulation. PART IV SUPERANNUATION AND REWARD FUND. 39 Upon the date on which this Act comes into operation, all moneys, investments, and securities whatsoever constituting or forming any part of the Fund known as "The Territorial Police Provident Fund," shall be and the same are hereby respectively transferred to, and shall form part of, the Fund to be established under this Act, and which shall be called "The Police Provident Fund ": Provided that the claim which any Officer of Police or Special or other Constable may have upon any portion of the said Fund on the day preceding the date on which this Act comes into operation, shall thereafter become a charge upon the Fund to be established as aforesaid. 40 All persons having in their possession or control any moneys or investments or securities whatsoever constituting or forming any part of any of the Funds to be transferred as aforesaid, and any books or accounts of any of such funds, are hereby required, and it shall be lawful for them, to transfer and hand over all such moneys, investments, and securities whatsoever, and all such books and accounts as aforesaid, to such person or persons as the Minister may appoint to receive the same. 41 The Police Provident Fund established under this Act, and all accumulations thereof, shall be solely appropriated (after payment of the expense of management, if any) for the providing superannuation allowances for any Member of the Police Force appointed under this Act who may retire from his office as hereinafter is mentioned, or for rewards and gratuities to any Member of the Police Force as hereinafter is mentioned; and such Fund shall be divided into Two parts, namely, the Superannuation Branch and the Reward Branch. 42 Such Fund shall be from time to time managed and controlled by, and be invested and disbursed under, the direction of a Board to be called the "The Police Provident Fund Board," consisting of the Minister, the Commissioner, and the Government Statistician respectively for the time being, in accordance with the provisions of this Act, and of the rules and regulations to be made thereunder as hereinafter provided; and any dispute or question as to any claim upon the said Fund, or any application for aid therefrom, shall be decided by the Governor in Council. 43 It shall be lawful for the Commissioner from time to time to deduct from the pay or allowance of every Member of the Police Force appointed under this Act, such sum, not exceeding Eighteen Pence in the Pound, upon the amount of such pay or allowance as may be directed by any rule or regulation framed as hereinafter directed, and the amount of all such deductions shall be added to and form part of the Superannuation Branch of "The Police Provident Fund" aforesaid. 44 There shall be annually paid by the Treasurer of Tasmania to the Reward Branch of "The Police Provident Fund" aforesaid such sum as the Governor in Council appoints, not exceeding one-half of all fines and penalties received by the said Treasurer in the year preceding in respect of any information or complaint which has been laid or Police Regulation. made by any Member of the Police Force appointed under this Act, for A.D. 1898. the purpose of enabling rewards to be paid out of such Fund to any Member of the Police Force for extraordinary diligence and exertion and for general good conduct, or as compensation for wounds or severe injuries received in the performance of his duty. 45 It shall be lawful for the Governor in Council from time to time Regulations. to make, alter, or repeal such Rules or Regulations as to him may seem fit for any of the following purposes: I. For the investment of " The Police Provident Fund "afore- II. For fixing the period at which, and the conditions upon which, iv. For fixing the amount and mode of distribution of any reward v. Generally for carrying out the objects and purposes of this Part of this Act. The Rules and Regulations relating to "The Territorial Police Continuance of Provident Fund" shall be the Rules and Regulations of "The Police existing RegulaProvident Fund" hereby established, until altered or repealed under the tions. provisions herein before contained. 46 The full actuarial value of any interest in any Municipal Police Actuarial comProvident Fund accruing or standing to the credit of any Member of putation of the the Police Force in office on the day on which this Act comes into Provident Fund to be made. operation shall, with the consent of the Municipal Council, be determined by a competent actuary; and the amount so determined shall be transferred by every Municipal Council to the Police Provident Fund Board, and placed to the credit of such Member of the Police Force; or, if such Member prefer to draw the amount standing to his credit, he shall be allowed to do so : Provided, that where any such Member whose accrued contribution shall have been transferred to the Police Provident Fund Board shall subsequently resign, be discharged, or dismissed from the Force, no part of such accrued contribution or interest thereon shall be liable to forfeiture, but shall be payable to such Member on his resignation, discharge, or dismissal. 47 Nothing in this Act contained shall be construed to absolutely Act not to give entitle any Member of the Police Force who may resign or be discharged absolute right to from his office to any share of the Police Provident Fund; and, subject share of the Fund. as aforesaid, any such Member being discharged or dismissed from his office shall be liable to forfeit all or any part of his share therein. 48 All accounts and moneys in connection with The Police Accounts to be Provident Fund" shall be subject and liable to all the provisions of subject to 52 Vict. No. 43. A.D. 1898. Act not to apply to certain persons. 27 Vict. No. 4. Police Regulation. "The Audit Act, 1888," in the same manner in all respects as if such accounts and moneys had been specifically mentioned therein. 49 Nothing herein before contained relating to the Superannuation Branch of the Police Provident Fund shall extend or apply to any person appointed a Constable before the commencement of The Abolition of Pensions Act, and who shall be acting in that capacity under the Commissioner of Police upon the day preceding the date on which this Act comes into operation. Commissioner to PART V. MISCELLANEOUS. 50 Upon the date on which this Act comes into operation, the take possession of Commissioner, or any Officer of Police authorised by him, is hereby Police Buildings. empowered to enter into and take possession of, and use and occupy for Police purposes, all lands and buildings belonging to any Municipality and heretofore used for Police purposes, or as a residence for any Officer of Police or for any Constable, in any Municipality, until the Thirtieth day of June, 1899. Certain lands to revert to the Crown. Minister empowered to take land. 21 Vict. No. 11. Compensation in certain cases. 51 Upon the date on which this Act comes into operation, all lands and buildings, or any part of any lands or buildings, vested in any Municipality and heretofore used exclusively for Police purposes, or as a residence for any Officer of Police or for any Constable, in any Municipality, and which were before the day on which such Municipality was proclaimed vested in Her Majesty, and upon which the Municipal Council of such Municipality have not expended any money in the construction of any buildings erected thereon, shall revert to Her Majesty, and shall thereafter be available for the purposes of this Act, or may be disposed of as the Governor in Council may think fit. 52 It shall be lawful for the Minister, with the consent of the Governor in Council, to purchase, acquire, and take such land and the buildings thereon as may be required for the purposes of this Act. in the manner provided by The Lands Clauses Act, which Act is hereby incorporated with this Act; but there shall not be incorporated with this Act Sections Eight and Nine of the said Lands Clauses Act. In the construction of this Act and the said incorporated Act, this Act shall be deemed to be the Special Act, and the Minister shall be deemed to be the "Promoter of the undertaking." Act 53 In the event of any land being acquired, or taken from any Municipality by the Minister under this Act which was originally granted to or vested in such Municipality by the Crown, or by any of Parliament, the amount of compensation payable by the Minister for such land shall be assessed at the present value of any buildings and improvements erected on such land at the cost of and out of the funds at the disposal of the Municipal Council of such Municipality. Police Regulation. 54 The Municipal Council of every Municipality is hereby A.D. 1898. empowered to sell and dispose of to the Minister all lands and buildings belonging to or vested in any such Municipality, and here- Municipal Countofore used exclusively for Police purposes, or as a residence for any to sell. cils empowered Officer of Police or for any Constable. 55 All moneys received by any Municipal Council as the purchase Appropriation of money or compensation for any land or buildings disposed of or vested moneys paid to in the Crown by virtue of this Act, shall be paid into and form part of Municipal the Municipal Fund at the disposal of such Municipal Council. Councils. Supreme Court. 56 If either party to any arbitration under this Act is dissatisfied Disaffected party with the award of the arbitrators or the umpire appointed to determine may appeal to a the amount of compensation, the dissatisfied party, when the amount Judge of the of compensation awarded by the arbitrators or the umpire exceeds One hundred Pounds, may appeal from the award of the arbitrators or the umpire, as the case may be, to a Judge of the Supreme Court, and may have the amount of compensation fixed by a Judge of the said Court, in the manner hereinafter provided. 57 If the dissatisfied party desires to appeal from the award of the Procedure upon arbitrators or umpire as aforesaid, he shall, within Fourteen days after the appeal. delivery to him of such award or a copy thereof, give notice in writing to the other party of his intention to appeal, and shall, within One month after the service of such notice upon the opposite party, prosecute such appeal in accordance with such Rules as may be made by the Judges of the Supreme Court; and the amount of compensation to be paid in such case shall be ascertained by a Judge of the Supreme Court in such manner as he deems advisable, and subject to such conditions as such Judge sees fit to impose, and the Judge may also, in his discretion, make any Order as to the person by whom the costs of the appeal shall be borne: Provided, that a Judge of the Supreme Court may, upon what he shall deem sufficient cause, allow an appeal under this Act to be prosecuted after the expiration of the time hereinbefore allowed for that purpose; but no appeal shall be allowed after the expiration of Three months after the service of notice of intention to appeal. Court until Judge 58 Where the dissatisfied party gives such notice of appeal as afore- Award not to be said, then the award given by the arbitrators or the umpire shall not be made a Rule of made a Rule of Court until a Judge of the Supreme Court, by an Order determines matter in writing under his hand, determines the matter in dispute, or the time in dispute. hereinbefore allowed for prosecuting the appeal has expired. 59 It shall be lawful for the Judges of the Supreme Court to frame Judges may and make Rules determining the nature of the proceedings which shall make Rules. be taken for carrying out any appeal to a Judge of such Court under this Act, but such Rules shall have no force or effect until the same are published in the Gazette. of 60 It shall be lawful for any Member of the Police Force in charge Member in any Police Station to take bail in the same manner as any superior charge of station officer of Police is authorised by Section Two hundred and sixty-nine 59 Vict. No. 10. of The Police Act, 1865, so to do. 29 . A.D. 1898. In actions brought against Member, Court may require security for costs. Summary pro Justices. Police Regulation. 61 In any action brought against any Member of the Police Force for anything done by him as such Member, it shall be lawful for the Court in which such action is brought, or any Judge thereof, if the Court or Judge thinks fit, to order that the plaintiff in such action shall give security for costs, or that all proceedings therein shall be stayed. 62 All offences against this Act, for which no other mode of procedure before Two ceeding is herein before otherwise specially provided, shall be heard and determined and all penalties shall be recovered in a summary way by and before any Two or more Justices of the Peace, in the mode prescribed by The Magistrates Summary Procedure Act; and any person aggrieved by any summary conviction may appeal therefrom in the mode prescribed by The Appeals Regulation Act. 19 Vict. No. 8. Appeal. 19 Vict. No. 10. Regulations to be laid before Parliament. Reference to former Acts. 63 All Rules and Regulations made under this Act, and all amendments thereof, shall be laid before both Houses of Parliament within Fourteen days of the making thereof if Parliament is in Session, and if Parliament be not in Session then within Fourteen days after the commencement of the next Session, and shall be published in The Hobart Gazette; and after publication as aforesaid shall have the force of law, so far as they are not inconsistent with or repugnant to this Act or any other Act. 64 Where in any Act the several Acts hereby repealed may be referred to, the same shall, for the purposes of any such Act as first aforesaid, be deemed to mean this Act. |