July 18.] THE NEW ZEALAND GAZETTE. 1365

TEXT OF APPLIED PROVISIONS.

Clause 1 (Section 20 of 1931 Act).

(1) It shall not be lawful for any person to carry on any goods-service with respect to which these provisions are applied, otherwise than pursuant to the authority and in conformity with the terms of a goods-service license granted under these provisions.
(2) Every person who, contrary to the provisions of this clause, carries on any goods-service 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 such offence is committed.
(3) If any company carries on any goods-service contrary to these provisions, every director or other person acting in the management of the business shall, in addition to any penalty to which the company may be liable, be liable to a fine of ten pounds for every day on which such service is so carried on.

Clause 2 (Section 29 of 1933 Act).

Every person commits an offence and is liable to a fine of fifty pounds for each such offence who does any act in any capacity as agent for any goods-service which may be lawfully carried on only pursuant to a license under these provisions if at the time of his doing such act such a license is not in force in respect of such service.

Clause 3 (Section 5 of 1936 Act).

(1) For the purposes of these provisions, the proper Licensing Authority to grant a goods-service license or otherwise to exercise jurisdiction in respect of any such license shall be—
(a) In the case of a goods-service proposed to be carried on or being carried on wholly within any one controlled area, the Licensing Authority for that area;
(b) In the case of a goods-service proposed to be carried on or being carried on within two or more controlled areas, such one of the Licensing Authorities for those areas as the Minister appoints.
(2) In any case where a goods-service is being carried on or is proposed to be carried on within two or more controlled areas, the proper Licensing Authority shall not, except in the case of a temporary license, make any decision in respect of a license or an application for a license for the service without first consulting, whether personally or by correspondence or otherwise, every other Licensing Authority in whose area the service is being carried on or is proposed to be carried on.

Clause 4 (Section 24 of 1931 Act).

(1) Every application for a goods-service license shall be in the prescribed form, and, save as provided in subclause (4) of this clause, shall, unless the Minister otherwise directs, be addressed and forwarded to the Commissioner accompanied by the prescribed fee.
(2) The Commissioner shall, on being satisfied that the application is duly made, transmit the same to the proper Licensing Authority, 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 Licensing Authority to come to a proper decision.
(3) The Commissioner shall in every case place before the Licensing Authority all such information at his disposal (whether obtained from the applicant or not) as will assist the Licensing Authority in dealing with the application.
(4) Notwithstanding anything contained in the foregoing provisions of this clause, an application for a temporary license may be made direct to the appropriate Licensing Authority.

Clause 5 (Section 25 of 1931 Act).

(1) On receiving an application for a goods-service license, other than an application for a temporary license or for the renewal of a license, the Licensing Authority shall, in the prescribed form, give not less than seven clear days’ public notice of the receipt of such application, fixing in such notice a time and place at which it will hold a public sitting for the purpose of receiving evidence and representations in favour of or against the granting of the application by persons who in the opinion of the Licensing Authority are directly interested, and shall also give not less than seven clear days’ notice of such time and place to the applicant.
(2) The Licensing Authority shall hold such public sitting in such place as it deems most convenient, having regard to the nature of the business.
(3) At such public sitting the Licensing Authority shall hear all evidence tendered and representations made which it deems relevant to the subject-matter of the application, save that at any time during such sitting it may decide not to receive further evidence or representations.
(4) Any such sitting may, in the discretion of the Licensing Authority, be adjourned from time to time and from place to place.

Clause 6 (Section 26 of 1931 Act).

(1) In considering any application for a goods-service license the Licensing Authority shall generally have regard to—
(a) The extent to which the proposed service is necessary or desirable in the public interest; and
(b) The needs of the district or districts as a whole in relation to goods transport; and if it is then of opinion that the proposed service is unnecessary or undesirable, it shall refuse to grant a license.
(2) If, after having had regard to the matters mentioned in the last preceding sub-clause, the Licensing Authority proposes to give further consideration to the application, it shall take into account—
(c) The financial ability of the applicant to carry on the proposed service, the likelihood of his carrying it on satisfactorily; and, in the case of an existing service, the period during which the service has been carried on satisfactorily :