Part 4 Miscellaneous provisions
(1)(a) This section shall commence upon the appointed day.(b) This section shall apply to and in respect of that portion of the united area constituted under Part 2 of this Act by the union of the areas specified in the First Group in the First Schedule, which is comprised within the City of Sydney, as bounded immediately before the appointed day, which portion of the said united area is in this section referred to as “the inner city.”(2) Whenever any question arises in any proceedings at law or in equity touching any actual building line in the inner city it shall be held conclusively that every curbstone as laid down before the fourth day of July, one thousand eight hundred and seventy-nine, and then subsisting, was lawfully laid down.(3) Every notice given in the Gazette under section ninety-nine of the Sydney Corporation Act 1932, or under section ninety-five of the Sydney Corporation Act 1902, or under section eighty-eight of the Sydney Corporation Act of 1879, may be proved as conclusive and binding on all parties by production of the Gazette.(4) All plans of public ways in the inner city framed under any Act in force before the date of commencement of the Sydney Corporation Act 1932, or under section ninety-nine of that Act shall also be conclusive evidence of their contents on production thereof by a clerk or officer in the Department of Lands or of the proper servant of the council of the City of Sydney, as the case may be.(5) In any proceedings by or on behalf of the Council of the City of Sydney it shall not be necessary to prove the gazettal or alignment of any public road of which the Council of the Municipality of Camperdown had prior to the commencement of the Sydney Corporation (Amendment) Act 1908, the care, control and management.It shall be sufficient evidence of the fact that any such road is a public road within the meaning of the Principal Act if it is proved that it is a thoroughfare in the nature of a street or road and is so used by the public.
41 Town Clerk of the City of Sydney
(1) The person who, immediately before the appointed day, holds the office of town clerk to the Municipal Council of Sydney:(a) shall be and is hereby appointed as from the appointed day to be the town clerk to the Council of the City of Sydney as constituted under Part 2 of this Act,(b) shall be deemed to have been appointed as town clerk by the Council of that City, and(c) shall hold office until he reaches the retiring age fixed by the Principal Act as amended by this Act, unless he sooner dies or resigns his position, or his employment is terminated by that Council.(2) The provisions of the Principal Act as amended by this Act, other than subsection two of section eighty-eight, shall apply to and in respect of the appointment made by this section.(3) The appointment made by this section shall be deemed to be a transfer within the meaning of section fourteen of this Act to the service of the Council of the City of Sydney.
42 Rights of certain servants for appointment
(1) A person who immediately before the appointed day holds with the Municipal Council of Sydney any office referred to in Part 1 of the Fifth Schedule shall not, by reason only of the provisions of subsection two of section eighty-eight of the Principal Act, be ineligible for appointment to fill any vacancy which may occur at any time after the appointed day in the office of town clerk to the Council of the City of Sydney.(2) A person who immediately before the appointed day holds with the Municipal Council of Sydney any office referred to in Part 2 of the Fifth Schedule shall not, by reason only of the provisions of subsection two of section ninety of the Principal Act, be ineligible to hold the office of engineer to the Council of the City of Sydney.(3) A person who immediately before the appointed day is an officer or servant of the Municipal Council of Sydney and whose period of service with that council is not less than twenty-five years or who holds a university degree in arts, economics or law shall not, by reason only of the provisions of subsection two of section eighty-eight of the Principal Act, be ineligible for appointment to fill any vacancy which may occur at any time after the appointed day in the office of town clerk to the Council of the City of Sydney.
43 Keeping accounts-united areas
(1)(a) This section shall commence upon the appointed day.(b) In this section the expressions “united area” and “constituent area” have the meanings ascribed to them respectively in Part 2 of this Act.(2) The accounts which a council is required to keep under the Principal Act, may, in respect of the year one thousand nine hundred and forty-nine, be kept by the council of a united area in accordance with this section.(3) The council of a united area may keep separate accounts in respect of each constituent area, included within that united area, or may keep separate accounts in respect of any two or more of such constituent areas taken together.(4) Where separate accounts are kept by the council under this section the council may appoint a separate auditor or auditors for the purpose of auditing any one or more of such separate accounts.(5) If the Council of the City of Sydney decides to keep a separate account under this section in respect of that part of its area which comprises the City of Sydney as bounded immediately before the appointed day the Auditor-General shall be and is hereby appointed to be the auditor of that separate account; and the provisions of subsections three and four of section 211A of the Principal Act as inserted by this Act shall apply to and in respect of the audit of that separate account in all respects as if the Auditor-General had been appointed by the Council of the City of Sydney under that section.(6)(a) In addition to the annual statements required to be prepared under section two hundred and nine of the Principal Act, the council of a united area shall cause a statement to be prepared in respect of any separate accounts kept by it in accordance with this section setting out the aggregate of such separate accounts, and shall cause the statement to be forwarded as prescribed in relation to annual statements of accounts.(b) The statement shall be prepared in a form approved by the Minister and shall be certified by the clerk in the manner likewise approved.