Act No. 5112/1946
Version as at 14 February 2000
TABLE OF PROVISIONS
Section
1.
Short title
2.
Validation of general notices and further general notices of
Mornington Sewerage Authority
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ENDNOTES
1.
General Information
2.
Table of Amendments
3.
Explanatory Details
Page
3
3
5
5
6
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Act No. 5112/1946
Version as at 14 February 2000
An Act to remove Doubts as to the Validity of certain Notices of the Mornington Sewerage Authority and Rates affected thereby.
Preamble
WHEREAS the Mornington Sewerage Authority is a sewerage authority within the meaning of the
Sewerage Districts Act 1928 :
AND WHEREAS the Mornington Sewerage
Authority after causing sewers to be laid to carry off the sewage of properties within two areas
(hereinafter referred to as "area number one" and
"area number two" respectively) caused general notices to be given defining respectively the said area number one and the said area number two and declaring that, on and after the first day of May
One thousand nine hundred and forty-one in the case of the said area number one and the first day of February One thousand nine hundred and fortytwo 1 in the case of the said area number two, each and every property which or any part of which is within the said areas shall be deemed to be a sewered property within the meaning of the
Sewerage Districts Act 1928 :
AND WHEREAS the said general notice in respect of the said area number one was in all respects given as required by section one hundred and thirty-one of the Sewerage Districts Act 1928 as amended by the Sewerage Districts Act 1934 except that the form of the notice had no regard to the amendments made by the latter Act to the Sixth
Schedule to the former Act:
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Preamble
Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946
AND WHEREAS the said general notice in respect of the said area number two was in all respects given as required by section one hundred and thirty-one of the Sewerage Districts Act 1928 as amended by the Sewerage Districts Act 1934 except that the advertisement in the newspaper circulating generally in the neighbourhood, namely the Peninsula Post, was published on the twentythird day of December One thousand nine hundred and forty-one and on the eight fifteenth and twenty-second days of January One thousand nine hundred and forty-two instead of in four successive weeks:
AND WHEREAS the further general notices relating to the said area number one and the said area number two were given by the Mornington
Sewerage Authority in accordance with the form in the Seventh Schedule to the Sewerage Districts
Act 1928 without regard to the amendments made to the said Schedule by the Sewerage Districts
Act 1934 :
AND WHEREAS the Mornington Sewerage
Authority has purported to make and levy rates in respect of properties within the said area number one and the said area number two on the basis of all such properties being sewered properties within the meaning of the Sewerage Districts Act 1928 :
AND WHEREAS it is expedient to declare that the hereinbefore recited notices and further general notices have been validly made given advertised and served notwithstanding any irregularity or apparent irregularity and that no rate made and levied by the Mornington Sewerage Authority in respect of any property within the said area number one or the said area number two shall be deemed to be invalid or in any way affected by reason of any such property not having been or apparently not having been a sewered property within the meaning of the Sewerage Districts Act 1928 :
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Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946
BE IT THEREFORE ENACTED by the King's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): s. 1
1. Short title
This Act may be cited as the Mornington
Sewerage Authority (Validation) Act 1946 .
2. Validation of general notices and further general notices of Mornington Sewerage Authority
(1) The hereinbefore recited general notices and further general notices of the Mornington
Sewerage Authority relating to the hereinbefore recited area number one and area number two of the said Authority are hereby declared to have been validly made given advertised and served notwithstanding any irregularity or apparent irregularity in respect thereof.
(2) Each and every property which or any part of which is within the said area number one or the said area number two shall be deemed to be and to have been a sewered property within the meaning of the Sewerage Districts Act 1928
—
(a) in the case of area number one—as on and from the first day of May One thousand nine hundred and forty-one; and
(b) in the case of area number two—as on and from the first day of February One thousand nine hundred and forty-two— and no rate made or levied by the Mornington
Sewerage Authority on or after the said dates respectively in respect of any such property shall be deemed to be invalid or in any way affected by reason of any of such properties not having been or apparently not having been a sewered property
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s. 2
Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946 within the meaning of the Sewerage Districts Act
1928 ; but nothing in this sub-section shall affect the operation of the Sewerage Rates Act 1942 or any Order in Council made thereunder.
(3) Nothing in this section shall render any person liable to prosecution for any offence for anything done or omitted to be done before the commencement of this Act for which he would not have been liable if this Act had not been passed.
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Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946
ENDNOTES
1.
General Information
The Mornington Sewerage Authority (Validation) Act 1946 was assented to on 16 April 1946 and came into operation on 16 April 1946.
Endnotes
5

Endnotes
Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946
2.
Table of Amendments
There are no amendments made to the Mornington Sewerage Authority
(Validation) Act 1946 by Acts and subordinate instruments.
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Mornington Sewerage Authority (Validation) Act 1946
Act No. 5112/1946
3.
Explanatory Details
1 Preamble: Government Gazettes 23 April 1941 page 1635 and 7 January
1942 page 76.
Endnotes
7