Stevens v Perrett [1935] HCA 52

OF AUSTRALIA. 449

(HIGH COURT OF AUSTRALIA.)

STEVENS . " . . 7 5 ¥ . APPELLANT ; AND

PERRETT . 4 r - 4 . . Responvent.

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Local Government—By-law—Permits for heavy or extraordinary traffic—Registration H.C. or A, fees under Main Roads Acts—Like fees or rates payable under by-law—Validity 1935. of by-law—Conflict between Main Roads Acts and by-law—Main Roads Acts =~ 1920-1929 (Q.) (10 Geo. V. No. 26—20 Geo. V. No. 23), Schedule, clause 13— Brisbane, Local Authorities Acts 1902-1934 (Q.) (2 Edw. VII. No. 19—25 Geo. V. No. 32), July 5, UL.

secs, 203, 204, Fourth Schedule, subjects 15, 19, 29, 51, 63. Rich, Dixon

By the Local Authorities Acts 1902-1934 (Q.) powers to make by-laws are MeTieran JJ. conferred which include, in effect, the purposes of (i.) defining extraordinary traffic having regard to the average expense of repairing roads and regulating and restricting extraordinary traffic on roads or specified roads ; (ii.) licensing vehicles kept for hire; (iii.) licensing persons who by means of vehicles carry on certain businesses, such as carriers; (iv.) regulating the weight of loads. The statute contains a general provision that by-laws may provide for the issue or making of licences, registrations or permits to or with respect to persons and property and the payment of reasonable licence, registration and permit fees. By the Main Roads Acts 1920-1929 (Q.) the Governor in

; Council is empowered to levy annual fees or rates upon the registration of motor f vehicles according to class, horse power or otherwise and, while such fees or rates are in force, any by-laws of local authorities under which like fees are made payable shall cease to have effect. 'The Governor in Council exercised this power.

A by-law of a local authority assumed to impose upon applications for i licences or permits in respect of motor vehicles, an annual fee graduated according to maximum load capacity, beginning at £6 for one ton or under