This Part of this Act shall be read together with and deemed part of the Transport Licensing Act, 1931 (in this Part referred to as the principal Act).

For the purposes of the principal Act and of this Act, unless the context otherwise requires,—

The Governor-General may from time to time, by Order in Council, apply to any harbour or to any part or parts thereof, from a date specified in the Order, such of the provisions of Part II of the principal Act, with such modifications, as he thinks fit, but in every such case the provisions of section twelve of the Transport Licensing Amendment Act, 1936, shall, with the necessary modifications, be applied.

All provisions of Part II of the principal Act so applied as aforesaid to any harbour shall thereupon be read and have effect as if the references therein to passenger-services and passenger-service licences were references to harbour-ferry services and harbour-ferry service licences respectively, and shall be read with such modifications as may be necessary from the fact that as so applied they are dealing with harbour-ferry services instead of passenger-services, and as if references therein to the appointed day were references to the date on which the Order in Council took effect.

Any such Order in Council, instead of applying provisions of Part II of the principal Act generally with respect to any harbour or to any specified part or parts of any harbour, may apply those provisions with respect only to harbour-ferry services of a particular class or classes or to a specified harbour-ferry service or services.

On the coming into force of an Order in Council under subsection one of this section any person who was carrying on a harbour-ferry service at the commencement of this Act and who continued to carry it on until the date of the coming into force of the said Order shall, subject to the provisions of the next succeeding section, be entitled as of right to a licence for the service so carried on.

The proper Licensing Authority to grant a harbour-ferry service licence or otherwise to exercise jurisdiction in respect of any such licence shall be the Licensing Authority of the transport district to which the said harbour is contiguous, but where the harbour is contiguous to more that one such district shall be such one of the Licensing Authorities for those districts as may be specified in the Order in Council.

The Licensing Authority, before granting any harbour-ferry licence or a renewal of a harbour-ferry licence,—

For the purposes of the principal Act and of this Act there is hereby established a Council to be called the Transport Co-ordination Council, consisting of—

1945, No. 8

Before appointing any member of the Council to represent any organization, local authority, public body, or body of persons referred to in the last preceding subsection, the Minister shall consult and shall have due regard to any representations made by the organization, local authority, public body, or body of persons concerned, or any organization, committee, or other body which in his opinion represents a group of any such local authorities, public bodies, or bodies of persons.

In the absence from any meeting of the Council of the Chairman of Directors of the New Zealand National Airways Corporation or of any member being an officer of any Department of State, the said Chairman of Directors or the said member, as the case may be, may authorize any other officer of the Corporation or of that Department, as the case may be, to attend the meeting in his stead. In the absence from any meeting of the Council of any other member, any person nominated by him and approved by the Minister may attend the meeting in his stead. While any person attends any meeting under this subsection he shall be deemed for all purposes to be a member of the Council.

The fact that any person attends pursuant to the last preceding subsection and acts as a member of the Council shall be conclusive proof of his authority to do so.

The powers of the Council shall not be affected by any vacancy in the membership thereof.

Every appointed member of the Council shall be appointed for such period as the Minister in each case determines.

There may be paid out of moneys appropriated by Parliament for the purpose to the members of the Council, and to persons co-opted to assist the Council under section eight of this Act, such travelling expenses and allowances as may from time to time be prescribed by regulations under the principal Act.

Any appointed member of the Council may at any time resign his office by writing addressed to the Minister or may be removed from office by the Minister for inability or misconduct.

If any appointed member of the Council dies, or resigns his office, or is removed from office by the Minister, the vacancy shall as soon as possible thereafter be filled by the appointment of a new member in the manner in which the vacating member was appointed.

The Council may from time to time, if and when it thinks fit, co-opt additional persons to assist the Council on any inquiry being held by it.

Meetings of the Council shall be held at such times and places as it determines.

The Minister or the Commissioner may at any time call a meeting of the Council, and any three members of the Council may at any time, by notice in writing, request the Commissioner to call a meeting of the Council, and thereupon the Commissioner shall call a meeting of the Council, to be held not later than one month after the day he received the notice.

All members for the time being in New Zealand shall be given at least seven clear days’ notice in writing of any meeting of the Council.

At any meeting of the Council a majority of the members shall form a quorum.

All questions before the Council shall be decided by a majority of the valid votes recorded thereon.

The Commissioner shall preside at all meetings of the Council at which he is present.

In the absence of the Commissioner from any meeting any officer of the Transport Department attending the meeting in his stead shall be the Chairman of that meeting. If neither the Commissioner nor any such officer attends any meeting, the members present shall appoint one of their number to be the Chairman of that meeting.

At any meeting of the Council the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

Subject to the provisions of this Act, the Council may regulate its procedure in such manner as it thinks fit.

The functions of the Council shall be—

All such reports and recommendations shall be laid before Parliament within twenty-eight days after they have been received by the Minister, if Parliament is then in session, and if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

The Council shall within the scope of its jurisdiction be deemed to be a Commission under the Commissions of Inquiry Act, 1908, and, subject to the provisions of this Act, all the provisions of that Act shall apply accordingly.

There is hereby established for the purposes of the principal Act and of this Act a special Committee, to be known as the Transport Charges Committee.

The Committee shall consist of—

The Chairman and members of the Committee shall be appointed by the Minister, and shall hold office during the pleasure of the Minister. No person shall be appointed to be the Chairman or other member of the Committee who is not at the time of his appointment a member of the New Zealand Society of Accountants established under the New Zealand Society of Accountants Act, 1908.

The Minister shall appoint one of the members of the Committee to be the Deputy Chairman thereof.

Before entering upon the exercise of the duties of their office the members of the Committee shall take and subscribe an oath before the Transport Charges Appeal Authority that they will faithfully and impartially perform the duties of their office.

The members of the Committee may in respect of their services as such be paid out of moneys appropriated by Parliament for the purpose such salaries or other remuneration as may be fixed by the Minister with the concurrence of the Minister of Finance, either generally or in any particular case, and also any expenses reasonably incurred by them for locomotion, board, and lodging in respect of their attendance at meetings of the Committee or when travelling on the business of the Committee.

No person shall be deemed to be employed in the service of His Majesty for the purposes of the Public Service Act, 1912, or of the Superannuation Act, 1947, by reason of his being a member of the Committee.

Not less than two members shall be present at every sitting of the Committee.

The Chairman shall preside at every sitting of the Committee at which he is present.

In the absence of the Chairman from any sitting the Deputy Chairman shall preside.

If at any sitting of the Committee two members only are present, both of those members shall concur in every decision of the Committee. In every other case a decision of the majority of the members of the Committee shall be the decision of the Committee.

If the Committee is unable to reach a decision on any matter in accordance with the provisions of the last preceding subsection, the matter shall be referred to the Transport Charges Appeal Authority for determination in the same manner, with the necessary modifications, as if it were an appeal from a decision of the Committee.

All proceedings before the Committee shall be heard in public unless the Committee in any particular case, due regard being had to the interests of the parties and of all other persons concerned, considers that the hearing or any part thereof should take place in private:

Provided that the Committee may deliberate in private as to its decision in the proceedings or as to any question arising in the course of the proceedings:

Provided also that, with the consent of the parties, the Committee may, if it thinks fit, deal with any application without a formal hearing.

The Committee may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any matter before the Committee:

Provided that no such order shall be made prohibiting the publication of the names and description of the parties to the matter, particulars of any licence affected thereby and of any charges fixed, reviewed, or altered by the Committee.

Except as hereinbefore provided, the Committee shall determine its own procedure.

The functions of the Committee shall be to fix, review, or alter the charges for the carriage of passengers or goods (including mails), or the letting of motor-vehicles on hire, by any transport service (including the charges payable under any contract or group of contracts or proposed contract or group of contracts), whether the charges to be reviewed or altered have been fixed before or after the commencement of this Act.

Where having regard to all the circumstances in any particular case the Committee considers it desirable in the public interest so to do, the Committee, instead of prescribing a fixed charge for the carriage of passengers or goods or the letting of motor-vehicles on hire, may fix a maximum charge together with a minimum charge.

The Committee shall, when so directed by the Transport Charges Appeal Authority, proceed to fix or review the charges for any service or group of services.

Proceedings before the Committee shall not be held bad for want of form. Except on the ground of lack of jurisdiction, no proceeding or order of the Committee shall be liable to be challenged, reviewed, quashed, or called into question in any Court, but there shall be a right of appeal therefrom to the Transport Charges Appeal Authority as hereinafter provided.

For the purposes of the principal Act and of this Act, the Governor-General may from time to time appoint any suitable person to be the Transport Charges Appeal Authority.

The person appointed to be the Appeal Authority shall be—

Any person appointed under this section to be the Appeal Authority shall hold that office concurrently with any other office held by him.

If and so long as a Judge of the Supreme Court holds office as the Appeal Authority he shall be deemed to be absent from his office as a Judge of the Supreme Court, and a Judge may be appointed in his stead, pursuant to section eleven of the Judicature Act, 1908, to hold office during the pleasure of the Governor-General.

Nothing contained in this section shall be construed to deprive the person for the time being appointed as the Appeal Authority from exercising any jurisdiction as the holder of any office under any other Act.

The Appeal Authority shall have a seal, which shall be judicially noticed in all Courts.

Every sitting of the Appeal Authority shall be held in public and at such place as he deems most convenient having regard to the nature of matters to be decided:

Provided that the Appeal Authority may in any case, if he considers it in the interests of the parties and of all other persons concerned, order that the hearing or any part thereof shall be held in private.

Any sitting of the Appeal Authority may be adjourned from time to time and to any other place.

The Appeal Authority may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before him:

Provided that no such order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or particulars of any licence thereby affected or of any decision of the Appeal Authority.

Except as hereinbefore provided, the Appeal Authority shall determine his own procedure.

The functions of the Appeal Authority shall be to sit as a judicial authority for the determination of appeals from any decision of the Committee.

The Appeal Authority may also from time to time issue directions to the Committee to proceed to fix or review the charges for any service or group of services (including the charges payable under any contract or group of contracts), whether the charges to be reviewed have been fixed before or after the commencement of this Act.

The Appeal Authority may receive as evidence any statement, document, information, or matter that may in his opinion assist him to deal effectually with the matters before him, whether or not the same would be otherwise admissible in a Court of law.

Subject to the foregoing provisions of this section, the Evidence Act, 1908, shall apply to the Appeal Authority, and to all proceedings before the Appeal Authority, in the same manner as if the Appeal Authority were a Court within the meaning of that Act.

The Appeal Authority shall within the scope of his jurisdiction be deemed to be a Commission of Inquiry under the Commissions of Inquiry Act, 1908, and, subject to the provisions of this Act, all the provisions of that Act shall apply accordingly.

Proceedings before the Appeal Authority shall not be held bad for want of form. No appeal shall lie from any order of the Appeal Authority, and except on the ground of lack of jurisdiction no proceeding or order of the Appeal Authority shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

The following persons, and no others, may make application to the Committee to fix, review, or alter the charges for the carriage of passengers or goods (including mails), or the letting of motor-vehicles on hire, by any transport service:—

Every such application shall be in the prescribed form and, in the case of applications by persons other than the Commissioner, shall be forwarded to the Commissioner, together with the prescribed fee.

The Commissioner shall, on being satisfied that the application is duly made, transmit the same to the Committee, but may in any case before so doing require the applicant to furnish such further information or particulars as may, in the opinion of the Commissioner, be necessary to enable the Committee to come to a proper decision.

The Commissioner shall in every case place before the Committee all such information at his disposal (whether obtained from the applicant or not) as will assist the Committee in dealing with the application.

As soon as conveniently may be after the receipt of any application, or of any direction from the Appeal Authority under subsection two of section twenty of this Act, the Committee shall fix a time and place for the hearing and, except where the proceedings relate to charges payable under any contract or proposed contract between the user of any service and the licensee thereof, shall give not less than seven clear days’ public notice thereof, and shall also give not less than seven clear days’ notice in writing thereof to the applicant and to the holder of or applicant for the licence in respect of which the application or direction is made.

Where the proceedings relate to the charges payable under any contract or proposed contract between the user of any service and the licensee thereof the Committee shall give not less than seven clear days’ written notice of the time and place fixed for the hearing to all parties to the contract or proposed contract.

At the hearing of any application or of any proceedings directed to be held by the Appeal Authority the Committee shall hear all evidence tendered and representations made by or on behalf of the applicant and other persons which it deems relevant to the subject-matter of the proceedings save that at any time during the hearing it may decide not to receive further evidence or representations.

After hearing the evidence and representations as aforesaid, the Committee may make an order refusing any application, or granting it either unconditionally or upon or subject to such modifications or conditions as the Committee thinks fit. Where the Committee has been directed by the Appeal Authority to fix or review any charges the Committee shall, after hearing the evidence and representations as aforesaid, make an order fixing the charges, or altering or confirming any existing charges, in such manner as it shall think fit.

Every order fixing any charges shall take effect from the date thereof or from such other date as may be specified in the order. Any order altering any existing charges shall take effect from such date as shall be specified therein, being not earlier than the date fixed for appealing from the order.

Every order of the Committee shall be forwarded to the Commissioner, who, except in cases where the order relates to a contract or proposed contract between the user of any service and the licensee thereof, shall forthwith give public notice thereof, specifying in the notice—

The Commissioner shall also forthwith send a copy of the notice to the applicant and, where the application was made by some person other than the holder of or applicant for the licence or licences concerned, or where the order was made pursuant to directions given by the Appeal Authority, to the holder of or applicant for that licence or those licences.

Where the order relates to a contract or proposed contract between the user of any service and the licensee thereof the Commissioner shall give written notice containing those particulars to all parties to the contract or proposed contract.

Where no appeal is made within the time prescribed the order of the Committee shall be final and conclusive.

Within twenty-one days after publication of the notice of any order of the Committee or (where the order related to a contract or proposed contract between the user of any service and the licensee thereof), within twenty-one days after service of the notice given pursuant to subsection three of the last preceding section, any of the following persons may appeal to the Appeal Authority from the order of the Committee or from any part thereof:—

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Every such appeal shall be in the prescribed form and, in the case of appeals by persons other than the Commissioner, shall be forwarded to the Commissioner together with the prescribed fee.

Every such appeal shall forthwith be referred by the Commissioner to the Appeal Authority for determination in accordance with the provisions of this Act.

As soon as conveniently may be after the receipt of any appeal the Appeal Authority shall fix a time and place for the hearing of the same and, except where the appeal relates to charges payable under any contract or proposed contract between the user of any service and the licensee thereof, shall give not less than seven clear days’ public notice thereof, and shall also give not less than seven clear days’ notice in writing thereof to the appellant and to the holder of or applicant for the licence in respect of which the appeal is made.

Where the appeal relates to the charges payable under any contract or proposed contract between the user of any service and the licensee thereof the Appeal Authority shall give written notice of the time and place fixed for the hearing of the appeal to all parties to the contract or proposed contract.

Any order of the Committee against which an appeal is lodged and which alters any charges previously fixed shall have no force or effect pending the determination of that appeal; but in all other cases the order shall come into operation on the date thereof or on such other date as may be specified in that behalf in the order, and shall continue in force until revoked or varied by the determination of the Appeal Authority on the appeal.

At the hearing of any appeal the Appeal Authority shall hear all evidence tendered and representations made by or on behalf of the appellant and other persons which he deems relevant to the subject-matter of the appeal, save that at any time during the hearing he may decide not to receive further evidence or representations.

After hearing the evidence and representations as aforesaid the Appeal Authority may confirm, discharge, or vary the order of the Committee and generally make such order as he considers just and equitable in the circumstances of the case. Every such order shall take effect from the date thereof or from such other date as may be specified therein.

Notwithstanding anything contained in the foregoing provisions of this section, the Appeal Authority may in any case, instead of determining any appeal under those provisions, direct the Committee to reconsider the matter.

In any case where the Appeal Authority issues a direction under the last preceding subsection, the decision appealed against shall have no effect and the Committee shall again consider the matter as if no decision had previously been made and as if no steps had been taken under subsection five or subsection six, as the case may require, of section twenty-three of this Act.

Pending any such reconsideration by the Committee the holder of the licence concerned may, subject to any limitations or conditions imposed by the Appeal Authority, impose charges in carrying on the service to which the decision relates which he was lawfully entitled to impose at the time when the decision was given.

Whenever the Appeal Authority directs the Committee to reconsider a matter, he shall advise the Committee of his reasons for so doing and the Committee in reconsidering the matter shall have regard thereto.

Except where the appeal relates to the charges payable under a contract or proposed contract between the user of any service and the licensee thereof, the Commissioner shall forthwith after the Appeal Authority has given his decision on any appeal under this Act give public notice thereof, which notice shall specify—

In any proceedings under this Act to fix, review, or alter any transport charges the Committee or, as the case may be, the Appeal Authority shall have due regard to the necessity of preserving and promoting the social and economic welfare of the people of New Zealand, and in particular to—

Every decision of the Committee or of the Appeal Authority relating to a group of transport services shall apply with respect to every transport service at any time comprised within the description of the group, whether the licence for any such service has been granted before or after the notification of the decision.

Subject to the provisions of sections thirty-three and thirty-four of this Act, as from the commencement of this Act the charges which may be made in respect of any transport service shall be fixed, altered, or reviewed by the Committee or by the Appeal Authority, as the case may be, under the provisions of this Act, and no Licensing Authority or other authority shall exercise any jurisdiction to fix or review any such charges.

Every person who in carrying on any such service imposes any charge which differs from the amount in that behalf allowed by any such order for the time being in force or which, in a case where a maximum charge and minimum charge have been fixed by the order, exceeds the maximum charge or is less than the minimum charge, commits an offence against the principal Act and shall be liable to a fine not exceeding ten pounds, and his licence shall be liable to revocation or suspension under the provisions of section thirty-six of the principal Act.

Where the charges payable under any contract or proposed contract are fixed or altered by the Committee or by the Appeal Authority, as the case may be, it shall be deemed to be a condition of every licence to which the order relates that the licensee shall carry out the terms of the contract or proposed contract and carry the passengers or goods to which the contract or proposed contract relates at the charges fixed or altered by the said order.

Where any licence is renewed, whether granted before or after the commencement of this Act, the charges which might lawfully be made for the carriage of passengers or goods (including mails) pursuant to the expiring licence, or to any order made under the provisions of this Act, shall continue and enure for the purposes of the renewal licence until altered under the provisions of this Act.

Notwithstanding anything contained in this Act, where any temporary licence for any transport service is granted under subsection five of section fourteen, or under section twenty-eight of the principal Act, the Chairman of the Licensing Authority or the Licensing Authority, as the case may be, shall fix the charges payable in respect of that licence, and in so doing shall have regard as far as possible to any charges for the time being in force fixed in respect of any similar transport service carried on in the district of the Licensing Authority. There shall be no appeal from the decision of the Chairman or of the Licensing Authority fixing those charges.

Nothing hereinbefore contained shall be deemed to confer on the Committee or on the Appeal Authority any jurisdiction to fix, review, or alter the fares to be charged on any road passenger-service carried on by the Minister of Railways to which the Government Railways (Wellington to Johnsonville) Act, 1935, applies.

Section twenty-six of the principal Act is hereby amended by repealing paragraph (e) of subsection two.

Section twenty-seven of the principal Act is hereby amended by omitting from paragraph (d) the words “and that the proposed fares are reasonable”.

Section thirty of the principal Act is hereby amended by repealing paragraph (f) of subsection one; also by omitting from subsection two the words “fares and”; and also by repealing subsection three.

Section fifty-five of the principal Act is hereby amended as follows:—

Section fifty-seven of the principal Act is hereby amended as follows:—

Section fifty-eight of the principal Act is hereby amended by inserting, after the word “vehicles” wherever it occurs, the words “or harbour-ferries”.

Section fifty-nine of the principal Act is hereby amended as follows:—

Section sixty of the principal Act is hereby amended by inserting in paragraph (b) of subsection two, after the words “goods-service vehicles”, and also after the words “description of vehicles”, the words “or harbour ferries”.

Section twenty-three of the Transport Law Amendment Act, 1933, is hereby amended by repealing paragraph (c).

Part IVa of the Economic Stabilization Emergency Regulations 1942, the Goods-service Charges Tribunal Emergency Regulations 1943, the Goods-service Charges Tribunal Emergency Regulations 1943, Amendment No. 1, the Goods-service Charges Tribunal Emergency Regulations 1943, Amendment No. 2, and the Goods-service Charges Tribunal Emergency Regulations 1943, Amendment No. 3 are hereby revoked.

All charges prescribed in respect of any service under the authority of any of the provisions hereby repealed or revoked and in force immediately before the commencement of this Act shall continue in force for the period for which they were prescribed, but may at any time be reviewed or altered under the provisions of this Act.

All appeals relating to charges prescribed for any service duly lodged under section twelve of the Transport Licensing Amendment Act, 1936, but not determined before the commencement of this Act, shall be determined by the Appeal Authority under this Act as if the order prescribing those charges were an order of the Committee made under this Act.

In considering any application or other matter under the principal Act or this Act, the Minister, or the Licensing Authority, or the Transport Appeal Authority, or the Transport Charges Appeal Authority, or the Committee, or other person or body dealing with the application or matter shall, in addition to other matters required to be considered by any other provisions of the principal Act or of this Act, have regard to the following matters:—

Section two of the principal Act is hereby amended by repealing the definitions of the terms “goods-service”, “passenger-service”, and “passenger-service vehicle”, and substituting the following definitions:—

Section seventy-nine of the Statutes Amendment Act, 1936, and section sixteen of the Transport Law Amendment Act, 1939, are hereby consequentially repealed.

The Transport (Rental Vehicles) Notice 1939, issued by the Minister and declaring every service of a kind described in the Schedule thereto to be a passenger-service within the meaning of the principal Act, is hereby declared to be and at all times to have been lawfully issued.

Any motor-vehicle designed exclusively or principally for the carriage of goods and weighing with its maximum load more than two tons shall, for the purposes of this section and of Part V of the principal Act, be deemed to be a goods-service vehicle.

No person shall use (except in case of emergency) any goods-service vehicle (whether in connection with a licensed goods-service or not) unless a certificate of fitness as hereinafter provided has been issued and is in force with respect to that vehicle and is carried in the vehicle:

Provided that in any case where he deems it expedient so to do, the Commissioner or any officer authorized by him in that behalf may grant a permit for any goods-service vehicle to be used without a certificate of fitness for such period as is specified in the permit.

Certificates of fitness in respect of goods-service vehicles shall be issued by the Commissioner or by an officer or officers authorized by him in that behalf, and by no other person.

No such certificate shall be issued save upon the report of an Inspector that the vehicle conforms to any regulations for the time being in force as to the design, construction, and equipment of goods-service vehicles of the class to which the vehicle belongs, and is in a fit condition to be granted a certificate of fitness.

Every certificate of fitness in respect of a goods-service vehicle shall continue in force until revoked. For the purposes of this Act a certificate of fitness shall be deemed to be issued on the day appearing thereon as the date of issue, which may be earlier or later than the day on which it is in fact signed by or on behalf of the Commissioner.

Every person who uses any goods-service vehicle contrary to the provisions of this section commits an offence and is liable to a fine of one hundred pounds, and to a further fine of ten pounds for every day on which the offence is committed.

The foregoing provisions of this section shall not apply to—

Clauses twenty-five, twenty-six, and twenty-seven of the Schedule to the Transport (Goods) Applied Provisions Order 1942 are hereby revoked.

Section thirty of the principal Act, as amended by subsection three of section thirty-five of this Act, is hereby further amended by adding thereto the following new subsections:—

Section thirty-four of the principal Act is hereby amended by inserting, after subsection one, the following new subsection:—

Section fifty-nine of the principal Act is hereby further amended by inserting, after paragraph (t), the following new paragraph:—

Section twelve of the Transport Licensing Amendment Act, 1936, is hereby amended by adding to subsection two the following new paragraph:—

In addition to the persons entitled to appeal against the decision of any Licensing Authority under section twelve of the Transport Licensing Amendment Act, 1936, any of the following persons may appeal against any such decision:—

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All such appeals heretofore made by the said Director of Rehabilitation or by any officer in the service of the Crown authorized by the Director in that behalf are hereby declared to have been lawfully made.

Nothing in the last preceding subsection shall affect the judicial determination in certain proceedings for a writ of certiorari instituted in the Supreme Court by Robert Henry Joseph Terrill against the Honourable Sir Francis Frazer and Frederick Baker.

For the purposes of section forty-seven of the principal Act and of section four of this Act, subsection two of section thirty-five, and sections thirty-six, forty, forty-two, and forty-three of this Act shall be deemed to form part of Part II of the principal Act.

This Part of this Act shall be read together with and deemed part of the Motor-vehicles Act, 1924 (in this Part referred to as the principal Act).

Section two of the principal Act is hereby amended by repealing the definition of the term “motor-vehicle”, as set out in paragraph (a) of section three of the Transport Law Amendment Act, 1939, and substituting the following definition:—

Section two of the principal Act is hereby further amended by repealing paragraph (b) of the definition of the term “trailer” as set out in subsection one of section two of the Motor-vehicles Amendment Act, 1936, and substituting the following new paragraph:—

Section twenty of the principal Act is hereby amended as follows:—

Section twenty-two of the principal Act is hereby amended by adding the following new subsection:—

Where any person in respect of whom a reception order is made under the Mental Defectives Act, 1911, is at the date of the order the holder of a motor-driver’s licence, that licence shall be deemed to be revoked as from the date of the order.

Section five of the Motor-vehicles Amendment Act, 1936, is hereby amended as follows:—

Section thirty-six of the principal Act is hereby amended by inserting in subsection one, after paragraph (n), the following new paragraph:—

Section ten of the Motor-vehicles Amendment Act, 1936, is hereby amended by omitting from subsection one the words “in so far as, in the opinion of the Governor-General, the control of that other traffic is necessary for the proper regulation of motor-traffic”.

For the purposes of this section the term “Traffic Inspector” means a Traffic Inspector who is an officer of the Transport Department or of a City Council; and includes any other person whose appointment as a Traffic Inspector is approved by the Minister.

Any Traffic Inspector, notwithstanding that he may not be the informant, may appear and conduct the prosecution in any proceedings for any offence relating to road traffic.