Acts Amendment and Repeal (Transport Co-ordination) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT AND

REPEAL (TRANSPORT

CO-ORDINATION).

No. 54 of 1985.

AN ACT to amend the Transport Act 1966 and certain other Acts to make better provision for the co-ordination of transport in this State and to repeal the State Transport Co-ordination Act 1981.

[Assented to 28 October 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment nntligelpal

and Repeal (Transport Co-ordination) Act 1985.

Act.

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

Commence-

ment.

2. The provisions of this Act shall come into operation on such day or days as is or are fixed by proclamation.

PART 11-TRANSPORT ACT 1966.

Principal Act.

3. In this Part the Transport Act 1966 is referred

Reprinted as approved 19 July 1983.	to as the principal Act.
Long title

The long title of the principal Act is repealed and the following substituted

substituted.

An Act to provide for the co-ordination, planning and advancement of all forms of transport in this State, to provide for the review, control and licensing of transport ser- vices and to provide for the licensing of certain persons who carry on the business of selling petroleum products and for incidental and other purposes. ".

Short title

Section 1 of the principal Act is amended by

repealing the short title and substituting the follow-

ing short title-

substituted.

" Transport Co-ordination Act 1966 ".

Section 3

The principal Act is amended by inserting after section 2 the following section-

inserted.

Objects

of this Act.

3. The objects of this Act are-

(a)	to provide for the co-ordination of the resources used for the provision of transport services for the people of this State and for the develop- ment of this State;
(b)	to ensure that the people of this State are provided, as far as is practicable, with reliable, efficient and economic transport services;

1985.]

Acts Amendment and Repeal [No. 54.

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(c)	to provide for the rationalization and control of transport services by means of licensing and other measures wherever such measures contribute to the provision of reliable, efficient and economic transport services;
(d)	to provide for the reduction or elimination of controls imposed under this Act wherever practicable to ensure that transport services provided are reliable, efficient and economic for the people of this State;
(e)	to facilitate the formulation of policies relating to the provision of transport services. ".

7. Section 4 of the principal Act is amended— 2=odnel

(a)	by deleting the definitions of "Commis- sioner" and "Deputy Commissioner";
(b)	by inserting before the definition of "goods" the following definitions

"Department" means the department of the Public Service of the State principally assisting the Minister with the administration of this Act;

"Deputy Director General" means the Deputy Director General of Transport referred to in section 8;

"Director General" means the Director General of Transport referred to in section 8; and

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(c)	by deleting the definition of "officer" and substituting the following definition

"officer" means an officer of the Department and includes a member of the Police Force, or any other person acting in pursuance of powers or duties conferred on him under this Act and any person employed or engaged under this Act; ".

Section 6

repealed.	8. Section 6 of the principal Act is repealed.
Heading to
Part II	9. The heading to Part II Division 1 of the

Division	1
substitut	ed principal Act is repealed and the following heading substituted-

" Division 1.—The Minister.

Section 7

substituted

10. Section 7 of the principal Act is repealed and

the following section substituted-

Minister

a body	7. (1) The Minister administering this Act shall for the purposes of this Act be a body corporate and shall be known by such designation as is conferred on him by the Governor under the Constitution Acts Amendment Act 1899 and
corporate.

(a)	shall have a seal; and
(b)	is capable of acquiring, holding, giving security over and disposing of real and personal property and of suing and being sued in his corporate name.

(2) All courts and judges and persons acting judicially shall take judicial notice of the seal of the Minister affixed to any document and shall presume that it was duly affixed.

1985.]	Acts Amendment and Repeal [No. 54.
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(3) An alteration of the designation of the Minister does not affect the corporate identity of the Minister and by force of this section the corporate identity of the Minister is continued under such designation as applies to him from time to time. ".

Sections 7A

11. The principal Act is amended by inserting after section 7 the following sections-	to 7D
Inserted.
Minister

7A. (1) Subject to this Act the Minister

may Join any body formed

may	for related activities.

(a)	become a member of or shareholder in; and

(b) contribute funds to,

any body whether incorporated or not (in this

section referred to as "the body") which

(c)	has its principal office within the Commonwealth; and
(d)	has among its principal objects the carrying out of research, investiga- tions, inquiries or studies into the improvement of transport or trans- port safety, or both, within the Commonwealth.

The Minister may be represented on the body by the Minister himself or by any officer of the Department authorized in that behalf in writing by the Minister.

(2)

(3) The Minister may

(a)	take part in any activities of the body;
(b)	carry out any function, investigation and research for or on behalf of the body either alone or in association with any other person appointed by the body; and

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(c)	contribute to the cost of any activity carried on by the body or by any person on its behalf.

Transport

Strategy	7B. (1) The Minister may, by instrument in writing, establish such number of Trans- port Strategy Committees as appear to him from time to time to be desirable for the purposes of this Act.
Committees.
(2) The function of a Transport Strategy Committee shall be to advise the Minister with respect to such matters relating to transport policy as are specified in the instrument by which the Committee is established.
(3) Subject to subsection (4), a Transport Strategy Committee shall continue in exist- ence for such period as may be specified in the instrument by which it is established or if no such period is specified for such period as the Committee requires to complete its functions.
(4) The Minister may at any time by instrument in writing vary or revoke an instrument made under subsection (1) of this section.
(5) The Minister may appoint such persons as he thinks fit to be members of a Transport Strategy Committee and may at any time remove a member of a Committee.
(6) A member of a Transport Strategy Committee may resign at any time by notice in writing delivered to the Minister.
(7) The Director General, or an officer of the Department nominated by him, shall be the chairman and a member of every Trans- port Strategy Committee.

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(8) The Director General shall provide to every Transport Strategy Committee such support services as the Committee may reasonably require to enable it to perform its functions.

Where it is determined by the Minister that a member of a Transport Stategy Com- mittee shall be entitled to remuneration or to any travelling or other allowance, it shall be fixed by the Minister on the recommendation of the Public Service Board.

(9)

(10) Subject to any directions which may have been given in writing by the Minister, a Transport Strategy Committee may regulate its own procedure.

7C. Aperson who discloses any information Unlawful of or opinion that has been furnished to or information. obtained by a Transport Stategy Committee

in confidence commits an offence unless the

disclosure is made

(a)	with the consent of the person pro- viding the information or expressing the opinion; or
(b)	in connection with the administra- tion of this Act and with the prior permission of the Director General.

Penalty: $200.

tain and alter such facilities as in his opinion facilities.

7D. (1) The Minister may establish, main- ?r"

,i'anng vide

are necessary for the purpose of facilitating the movement of vehicles in any part of the State in accordance with the terms and conditions imposed under this Act or under any other Act in relation to the operation of any vehicle.

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[1985.

(Transport Co-ordination).

(2) The Minister may impose terms and conditions, including the payment of charges, for the use of any facilities provided under subsection (1). ".

Section 8

substituted.	12. Section 8 of the principal Act is repealed and the following section substituted-
Director
General of

Transport.

8. (1) There shall be appointed in the Department under and subject to the Public Service Act 1978—

(a)	a Director General of Transport;
(b)	a Deputy Director General of Trans- port,

and such other officers as may be necessary for the purposes of carrying out the pro- visions of this Act.

(2) The Minister may

(a)	with the consent of a public authority in relation to a person employed by the public authority; or
(b)	with the consent of the Public Ser- vice Board, in relation to an officer of the Public Service of the State,

use the services of any person employed by the public authority or any officer of the Public Service of the State, as the case may be, for the purposes of assisting in carrying out the provisions of this Act.

(3) The Minister may after consultation with the Public Service Board engage under contracts for services such consultants and professional or technical or other assistance as it considers necessary to enable the Minister to exercise and perform his functions under this Act.

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

(4) For the purposes of this section "public authority" means any State instrumentality, State agency, or any public statutory body, corporate or unincorporate established by or under a law of the State.

Sections 9, 10, 11, 12, 13 and 14 of the Sections 9 to

13. principal Act are repealed.	/4 repea/ed.
Section /5

14. and the following section substituted-

Section 15 of the principal Act is repealed substituted.

.,	15. (1) The Minister may, either generally Delegation.

or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to the Director General or some other officer of the Department any of his functions, powers or duties under this Act.

(2) In any instrument of delegation under subsection (1) the Minister may authorize the Director General to subdelegate to any officer of the Department any function, power or duty referred to in the instrument of delegation and where the Minister does so the provisions of section 59 of the Interpretation Act 1984 apply to and in relation to any such subdelegation as though the subdelegation were a delegation. ".

15. principal Act is deleted and the following heading isMisstiottlit2ed.

The heading to Part II Division 2 of the IHe ngto

substituted-

" Division 2.—Powers of the Minister and

Director General. ".

1• Section

16. amended

Section 15B of the principal Act

amended. 58

(a)	in subsection (1) by deleting "Commissioner" and substituting the following-

" Director General ";

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

(b) by repealing subsection

(2)

and

substituting the following

{4.

(2) It is the function of the Director General

(a)	to maintain an overview of existing transport services in this State and recommend to the Minister measures for achieving co-ordination of transport services in this State;
(b)	report to the Minister on transport policy or changes in transport policy and measures for achieving policy objectives;
(c)	report to the Minister on trends and developments relating to transport within the State and elsewhere and on transport requirements within the State;
(d)	provide assistance to the transport agencies when requested by the Minister or the agencies in the development and application of appropriate planning techniques and in the establishment and maintenance on a continuing basis of detailed plans for resource use, opera- tions and, where appropriate, marketing;
(e)	assist and advise the Minister in his examination of the plans referred to in paragraph (d);
(f)	report to the Minister on sources and uses of funds for the advancement of transport in the State in order to meet both the

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

Ministers need for advice on such matters and any such need which from time to time the Treasurer may have;

(g)

undertake, either directly or in association with other bodies or by the use of consultants, such research relating to transport as the Minister may require or as are considered necessary by the Minister to enable the Director General to perform his duties under this Act;

(h)

assist the Minister in carrying out the licensing, regulatory, tendering, and subsidy functions of the Minister under this Act;

(j)

advise the Minister on the

administration of-

(i) the Eastern Goldfields Transport Board Act 1984; and

(ii) the Taxi-cars (Co-ordina- tion and Control) Act 1963;

(k) carry out such duties as directed by the Minister relating to matters associated with or affecting transport. "; and

17. Section 16 of the principal Act is repealed sectioned.

and the following section substituted-

Tenders and

16. (1) The Minister

subsidies.

(a)	may enter into negotiations or invite tenders, or both, for the provision of transport services, with or with-

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

out inviting premiums or offering subsidies, where, in the opinion of the Minister, the requirements of a district are not adequately served by any form of transport; and

(b)	shall administer and direct the pay- ment of such subsidies with respect to the provision of transport as may be authorized under this Act.

(2) The Minister having considered the tenders submitted in response to an invitation to tender for the provision of transport services may enter into negotiations with all or any of the persons who have responded to an invitation to tender or with any other person for the purpose of ensuring the provision of transport services of the kind referred to in the invitation to tender.

(3) All applications for licences in respect of public vehicles shall be made to the Director General.

The Minister shall determine all applic- ations for licences under this Act, other than licences under Part IIIA, and without limiting any of the provisions of this Act

(4)

(a)	specify any conditions, restrictions and prohibitions applicable in rela- tion to a licence; and
(b)	determine in respect of a particular licence or any class of licences the conditions, restrictions and prohibi- tions that apply in relation thereto. ".

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

18. Section 17 of the principal Act is amended— amended.'

(a) by repealing subsection (1) and substitut-

ing the following subsection

'C (1) The Minister may, in calling

tenders under section 16, call them subject to any one or more of the condi- tions, restrictions and prohibitions attaching to the tender and any other conditions, restrictions or prohibitions, whether precedent or subsequent, or both, as the Minister may in his discretion impose with respect to the acceptance of a tender including condi- tions that the tenderer will if his tender is accepted

(a)	provide a minimum service, as specified by the Minister;
(b)	provide the minimum service for a minimum period, as specified by the Minister;
(c)	execute jointly and severally, with sureties of a number and kind to be approved by the Min- ister a bond in favour of the Minister, binding the tenderer and his sureties to the Minister in an amount to be specified by the Minister for the due compli- ance with every condition, restriction and prohibition imposed by the Minister. ";

(b) in subsection (2)-

(i)	by deleting "Commissioner" and sub- stituting the following-

" Minister "; and

(ii) by deleting "conditions" wherever occurring and substituting the following-

" conditions,

restrictions

and

prohibitions "; and

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

(i) by inserting after "conditions," the following-

" restrictions or prohibitions or

any of them, ";

(ii) by deleting "any one of the conditions" and substituting the following-

" any one of the conditions,

restrictions or prohibitions ";

and

(iii) by deleting "Commissioner" where- ever occurring and substituting in each case the following-

" Minister ".

Section 18

amended.

19. Section 18 of the principal Act is amended (a) in subsection (1)-

(i)	by deleting "Commissioner" and substituting the following-

" Director General ";

(ii) by deleting "under his seal"; and

(iii) by deleting "Deputy Commissioner" wherever occurring and substituting in each case the following-

" Deputy Director General ";

and

(b) in subsection (2)-

(i) by deleting "Commissioner" where- ever occurring and substituting the following-

" Director General "; and

1985.]

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(Transport Co-ordination).

(ii)	by deleting "and a delegation does not prevent the exercise of any power or function by the Commissioner" and substituting the following-

I I

but otherwise the provisions of section 59 of the Interpretation Act 1984 apply to and in relation to any delegation under this section ".

20. Section 18A of the principal Act is repealed =It4td.

and the following section substituted

t i

18A. The Minister shall cause a report to =ay:,

be made by the Director General on the construction or closure of any railway and shall cause the report to be laid before each House of Parliament before the second reading in that House of any Bill for the construction or closure of the railway. ".

21. Section 19A of the principal Act is repealed =alleld1.9A

22. Section 20 of the principal Act is amended by amended

repealing subsection (3).

Section 21

23. Section 21 of the principal Act is amended—

amended.

(a) in subsection (1)-

(i) by deleting "payable to the Commissioner" and substituting the following

It payable

the

Director

General ";

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

(ii) by deleting "determined by the Commissioner" where occurring in paragraphs (a), (aa), (b) and (c) and substituting in each case the following

" determined by the Minister

) I;

and

(iii) by deleting "in the opinion of the Commissioner" where occurring in paragraphs (a) and (aa) and substituting in each case the following-

" in the opinion of the Minister ";

and

(b)	in subsection (3), by deleting "Commis- sioner may" and substituting the following

Director General may, and at the

direction of the Minister shall, ".

Section 22

amended.

24. Section 22 of the principal Act is amended in subsection (1)—

(a)	by deleting "Commissioner so orders" and substituting the following-

" Minister so orders ";

(b)	by deleting "approved by the Commis- sioner" and substituting the following-

" approved by the Minister ";

(c)	by deleting "to the Commissioner" and substituting the following-

" to the Director General "; and

1985..1

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

(d)	by deleting "officer of the Commissioner" and substituting the following-

" officer of the Department ".

Section 25

25. Section 25 of the principal Act is amended in subsection (3)-

amended.

(a)	by deleting "received by the Commissioner within 14 days of the Commissioner's decision" and substituting the following-

" received by the Director General within

14 days of the Minister's decision ";

and

(b)	by deleting "available to the Commissioner" and substituting the following-

" available to the Minister ".

Section 27

26. Section 27 of the principal Act is amended by

amended.

repealing subsection (3) and substituting the

following

'C (3) Notwithstanding the provisions of any

other Act, the Minister may erect or cause to be erected at a stopping place appointed pursuant to subsection (2)-

(a)

any sign indicating and identifying

the stopping place; and

(b)

shelters of such design and con- struction as he thinks fit,

but before erecting or causing the erection of any sign or shelter authorized by this sub- section, the Minister shall cause the Director General to confer with the local authority concerned on the matter, and if agreement cannot be reached on the location, size and type of sign or shelter the matter shall be

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

determined by the Minister and the Minister charged with the administration of the Local Government Act 1960 or the Minister administering the Main Roads Act 1930, as the case may require. ".

Section 29

amended.

27. Section 29 of the principal Act is amended in subsection (1)—

(a)	by deleting "Commissioner may" and sub- stituting the following-

" Minister may "; and

(b)	by deleting "supplied to the Commissioner" and substituting the following-

" supplied to the Director General ".

Section 31

amended.

28. Section 31 of the principal Act is amended in subsection (4)—

(a)	by deleting "Commissioner" where firstly occurring in paragraph (b) and substituting the following-

" Director General ";

(b)	by deleting "Commissioner's" in paragraph (b) and substituting the following-

" Minister's "; and

(c)	by deleting "Commissioner" where secondly occurring and substituting the following-

" Minister ".

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

Section 35

29. Section 35 of the principal Act is amended in subsection (3)—

amended.

(a)	by deleting "received by the Commissioner" and substituting the following

received by the Director General )1;

(b) by deleting

"Commissioner's"

and

substituting the following

" Minister's "; and

(c)	by deleting "available to the Commissioner" and substituting the following

" available to the Minister ".

30. Section 36 of the principal Act is amended =Lir

by deleting paragraph (b) and substituting the

following-

" (b) shall take into consideration economic

development and decentralisation; and

(c)	may take into consideration such other factors as he thinks fit. ".

31. Section 41 of the principal Act is amended in =1,04,11

subsection (4)-

(a)	by deleting "received by the Commissioner" and substituting the following-

" received by the Director General ";

(b)	by deleting "Commissioner's" and sub- stituting the following-

" Minister's "; and

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[1985.

(Transport Co-ordination).

and substituting the following-

" available to the Minister ".

Section 42D

amended.

32.

Section 42D of the principal Act is amended

in subsection (1), by deleting "Commissioner shall"

and substituting the following-

" Director General may, and, at the direction of the Minister shall, ".

Section 42E

amended.

33.

Section 42E of the principal Act is amended by deleting ", Deputy Commissioner,".

Section 43E

amended.

34.

Section 43B of the principal Act is amended

in subsection (4)-

(a)	by deleting "received by the Commissioner" in paragraph (b) and substituting the following-

" received by the Director General ";

(b)	by deleting "Commissioner's" in paragraph (b) and substituting the following-

" Minister's "; and

(c)	by deleting "available to the Commissioner" in paragraph (b) and substituting the following-

" available to the Minister ".

Section 44

amended.

35. Section 44 of the principal Act is amended in subsection (3)-

(a)	by deleting "received by the Commissioner" in paragraph (b) and substituting the following-

" received by the Director General ";

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

(b)	by deleting "Commissioner's" in paragraph (b) and substituting the following-

" Minister's "; and

(c)	by deleting "available to the Commissioner" in paragraph (b) and substituting the following-

" available to the Minister ".

36. Section 45 of the principal Act is amended— Mired

(a)	by repealing subsection (2); and
(b)	by repealing subsection (3) and substitut- ing the following subsection-

. (3) Notwithstanding anything in subsection (1) the Minister may at any stage for any reason defer an applica- tion or refrain from dealing with an application. ".

37. Section 47 of the principal Act is amended =27

in subsection (1)-

(a)	by deleting "Commissioner may" and sub- stituting the following-

" Minister may "; and

(b)	by deleting "supplied to the Commissioner" in paragraph (d) and substituting the following-

" supplied to the Director General ".

38. Section 47B of the principal Act is Section 47B

emended.

amended

(a) by repealing subsection

(6)

and

substituting the following subsection

'C (6) A licence or a renewal of a

licence may be granted by the Minister for such period not exceeding 3 years

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

as is determined by the Minister but the Minister may in relation to a particular licence grant or renew the licence for a period in excess of 3 years as he specifies in the licence. "; and

(b) in subsection (8)-

(i) by deleting "to the Commissioner" and substituting the following-

" to the Director General "; and

(ii)	by deleting "by the Commissioner" and substituting the following-

" by the Minister ".

Section 47H

amended.

39. Section 47H of the principal Act is amended in subsection (2) by deleting "Deputy Commissioner" and substituting the following-

" Deputy Director General ".

Section 47P

Section 47P of the principal Act is amended

in subsection (7) by deleting "Commissioner's"

and substituting the following-

amended.

40.

" Minister's ".

Section 47Y

repealed.

41. Section 47Y of the principal Act is repealed.

Sections	42.	Sections 47ZB and 47ZC of the principal Act
47ZB
and 47ZC

repealed.	are repealed.
Section 47ZF
amended.	43. Section 47ZF of the principal Act is amended in subsection (1) by deleting "the Commissioner" in paragraph (s) and substituting the following-

" an officer ".

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

Section 50

44. Section 50 of the principal Act is amended in subsection (3)—

amended.

(a)	by deleting "Commissioner specifying the amount of the licence fee that the Commissioner" in paragraph (b) and substituting the following

the Director General specifying the amount of the licence fee that the Minister ";

(b)	by deleting "in that behalf by the Commissioner" and substituting the following-

" in that behalf by the Director General "; and

(c)	by deleting "pay to the Commissioner" and substituting the following-

" pay to the Director General ".

45. Section 57 of the principal Act is amended— Tgeigtie

(a)	in subsection (1) by deleting "permit." and substituting the following

permit or any restrictions or prohibi- tions that apply in relation thereto. ";

and

(b)	in subsection (2), by inserting after "attached to, the licence" the following-

" or any restrictions or prohibitions that apply in relation thereto ".

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

Section 58

amended.

46. Section 58 of the principal Act is amended in subsection (2)-

(a)	by deleting "officer of the Commissioner" in paragraph (b) and substituting the following-

" officer of the Department "; and

(b)	by deleting "appointment of the Commis- sioner" in paragraph (c) and substituting the following-

" appointment of the Director General

or Deputy Director General ".

Section 59A

inserted.

47. The principal Act is amended by inserting after section 59 the following section-

Annual

Report.	59A. (1) The Director General shall as soon as practicable after 30 June in each year prepare and furnish to the Minister a report on the administration and operation of this Act during the year ended on that date.
(2) The Minister shall cause the annual report to be laid before each House of Parlia- ment within 15 sitting days of that House after he has received the report. ".
Section 60

amended.

48. Section 60 of the principal Act is amended in subsection (2) by deleting "Commissioner's" in paragraph (a) and substituting the following-

" Minister's ".

Section 2

amended 49. Section 62 of the principal Act is amended

by repealing subsections (1), (2), (2a) and (3) and

substituting the following subsections

(1) There shall be established at the Treasury a fund to be known as the "Trans- port Co-ordination Fund" (in this section called "the Fund").

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

(2) There shall be placed to the credit of the Fund

(a)	all moneys received by the Minister or the Director General (including those received from the Crown) whether by way of ex gratia pay- ments or in respect of premiums paid, licences granted, fees or charges payable under this Act other than moneys received in respect of licences under Part IIIA;
(b)	the moneys (if any) appropriated by Parliament for the administration of this Act;
(c)	any moneys recovered by the Minister on the enforcement of bonds, includ- ing those executed by, or on behalf of, the Crown, as provided by section 17.

(3) There shall be paid out of the Fund

(a)	such amounts as are, in the opinion of the Minister, necessary or expedient, in the interests of public transport to be granted in aid of any transport service or scheme for which the Minister has a responsibility under this Act, including the provi- sion and maintenance of subsidies, facilities, signs, shelters and amenities relating thereto;
(b)	the cost of administration of this Act;
(c)	contributions payable to the Super- annuation Fund established under the Superannuation and Family Benefits Act 1938 in respect of officers and employees in the Department;

No. 54.]	Acts Amendment and Repeal	[1985.
(Transport Co-ordination).

(d)	such amount as is, in the opinion of the Treasurer of the State, necessary or expedient to establish and main- tain a reserve of moneys to facilitate the carrying out of the purposes of this Act. ".

Section 64

Inserted.

50. The principal Act is amended by inserting after section 63 the following section

Review of	l{ 64. (1) The Minister shall carry out a
Act.

review of the operation of this Act as soon as is practicable after 1 January 1991 and every 5th anniversary of that date and in the course of such review the Minister shall con- sider and have regard to

(a)	the attainment of the object of this Act;

(b) the administration of this Act;

(c)	the effectiveness of the operations of the Minister as a body corporate under this Act, the Department, the Transport Strategy Committees and any other committee or body established or constituted under or for the purposes of this Act;
(d)	the need for the continuation of the Minister as a body corporate under this Act and any other committee or body established or constituted under or for the purposes of this Act;
(e)	such other matters as appear to the Minister to be relevant.

(2) The Minister shall prepare a report based on the review referred to in subsection (1) and shall, as soon as is practicable after its preparation, cause the report to be laid before each House of Parliament. ".

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

First

51. The First Schedule to the principal Act is

Schedule

amended in clause 1 by deleting "forest." and sub-	amended.
stituting the following

if forest and if the produce of a farm is grain or

seed the carriage of that produce from the farm to the nearest facility established by the body known as Co-operative Bulk Handling Limited that is in the direction of the proposed destination of that produce and that is available for its receival. ".

General

52. The principal Act is amended

amendment.

(a)	by deleting "Commissioner" wherever occurring in a provision of the principal Act referred to in Part 1 of the Schedule to this Part and substituting in each case the following-

" Minister "; and

(b)	by deleting "Commissioner" wherever occurring in a provision of the principal Act referred to in Part 2 of the Schedule to this Part and substituting in each case the following-

" Director General ".

53. (1) In this Section

Transitional.

"Commissioner" means the person holding the office of Commissioner of Transport referred to in section 7 (1) of the principal Act as in force before the commencement of section 10 of this Act immediately before such commencement;

"Commissioner of Transport" means the Com- missioner of Transport constituted as a body corporate under section 7 (3) of the principal Act as in force before the com- mencement of section 10 of this Act;

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

"Co-ordinator General" means the person holding the office of Co-ordinator General of Transport referred to in section 4 of the repealed Act immediately before the com- mencement of section 60 of this Act;

"Deputy Director General of Transport" means the Deputy Director General of Transport referred to in section 8 of the principal Act as enacted by section 12 of this Act;

"Director General of Transport" means the Director General of Transport referred to in section 8 of the principal Act as enacted by section 12 of this Act;

"Minister" means the Minister constituted as a body corporate under section 7 of the principal Act as enacted by section 10 of this Act;

"repealed Act" means the State Transport Co-ordination Act 1981 repealed by section 60 of this Act.

(2) On the commencement of section 10--

(a)

the Commissioner of Transport ceases to be a body corporate under the principal Act;

(b)

all real and personal property and every right and interest therein that immediately before the commencement of this Act was vested in the Commissioner of Transport, shall, by force of this section and without any conveyance, transfer or assignment, be transferred to, and vested in and belong to the Minister for the purposes of this Act, subject to any debts, trusts and liabilities affecting them;

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

(c)	all rights accruing or accrued to the Commissioner of Transport in respect of any property vested in the Minister by virtue of this section-

(i) are vested in the Minister; and

(ii) may be enforced against the Minister;

(d)	all contracts, agreements and undertak- ings made by the Commissioner of Transport and all securities lawfully given to or by the Commissioner of Transport and in force immediately before that commencement have effect as contracts, agreements and undertakings by and with the Minister and securities given to or by the Minister, and may be enforced by and against the Minister accordingly;
(e)	all debts due and moneys payable by the Commissioner of Transport and all claims, liquidated or unliquidated recoverable against the Commissioner of Transport shall be debts due and moneys payable by and claims recoverable against the Minister;
(f)	any legal or other proceedings that mightbut for this section have been continued

or commenced by or against the Commissioner of Transport may be continued or commenced by or against the Minister under his corporate name for the purposes of this Act;

(g)	under the principal Act before theany licence or permit granted or issued

commencement of section 10 of this Act and in force immediately before such commencement shall, subject to the principal Act as amended by this Act, continue in force as though granted or issued by the Minister under the principal Act as amended by this Act.

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

(3) Notwithstanding anything in the Public Service Act 1978, on the commencement of section 10 by force of this section and without further appointment or recommendation under that Act

(a)	the Co-ordinator General is hereby appointed to the office of Director General of Transport; and
(b)	the Commissioner is hereby appointed to the office of Deputy Director General of Transport,

to hold such office under and subject to the Public Service Act 1978 for the balance of the period of their appointments as Co-ordinator General and Commissioner and at a remuneration not lower than the remuneration they received as Co-ordinator General or Commissioner, respectively.

(4) Every person who immediately before the commencement of section 10 was

(a)	a member of the staff appointed for the due administration of the repealed Act; or
(b)	the Deputy Commissioner of Transport or an officer of the Commissioner of Transport under the principal Act as in force before the commencement of this Act,

is, by force of this Act and without further appointment under the Public Service Act 1978, hereby appointed to be an officer of the Department at a remuneration not lower than the remuneration he received as a member of the staff under the repealed Act or as an officer of the Commissioner of Transport, as the case may be.

(5) Every person appointed under subsection (3) or (4) continues to retain his existing and accruing rights including his rights under the Super- annuation and Family Benefits Act 1938, but is otherwise subject to the Public Service Act 1978.

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

(6) All moneys standing to the credit of the Transport Commission Fund referred to in section 62 of the principal Act as in force before the commencement of section 48 shall be paid into the Transport Co-ordination Fund referred to in section 62 of the principal Act as enacted by section 48 of this Act subject to any liability to which those moneys were liable before the commencement of that section.

SCHEDULE.

PART 1.

Section 15A, 20 (2), 21 (2), (4), 23 (1), 24 (1), 25 (2), 26, 27 (1), (2), (2a), (4), 28, 29 (2), 30 (2), 31 (1), (3), 33 (1), 34, 35 (2), 36, 37, 38, 39, 40, 41 (1), (3), 42C (1), (2), (3), (4), 4211, 43, 43B (1), (3), 44 (2), 45, 46, 47 (2), 47B (7), 47C, 47L (2), (3), 47N, 470, 47P (1), (2), (4), (9), 47Q, 47T, 47U, 47ZD, 47ZE, 47ZF (1), (d), (f), (k), (I), (n), (t), (x), (y), 47ZG, 54, 57, 62 (6), First Schedule, clauses 13 and 14.

PART 2.

Section 33 (6), 42A, 42B, 42D (2), 42E, 47B (3), (5), 47D, 47H, 471, 473, 47L (1), 47P (7), 47R, 47S, 47V, 47W, 47ZF (w), (zd), (zf), 49, 58 (1), 61.

PART III-EASTERN GOLDFIELDS TRANSPORT

BOARD ACT 1984.

Section 23

54. Section 23 of the Eastern Goldfields

amended. Act No. 5

Transport Board Act 1984 is amended-

of 1984.

(a)	in subsections (1) and (2), by deleting "Commissioner" wherever occurring and substituting in each case the following-

" Minister "; and

(b)	in subsection (3) by deleting the definition of "Commissioner".

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

PART IV-GOVERNMENT RAILWAYS ACT 1904.

Principal Act.

Reprinted as	55. In this Part the Government Railways Act
approved 27

October 1982.	1904 is referred to as the principal Act.
Section 2

amended.

56. Section 2 of the principal Act is amended

(a)	by deleting the definition of "Commissioner of Transport"; and
(b)	by inserting after the definition of "Department" the following definition

"Director

General" means the person holding or acting in the office of Director General of Transport in the Public Service of the State; ".

Section 21

amended.

57. Section 21 of the principal Act is amended in subsection (1) by deleting "State Transport Co-ordination Act 1933-1948" and substituting the following-

" Transport Co-ordination Act 1966 ".

Section 28A

amended.

58. Section 28A of the principal Act is

amended

(a)	in subsection (2) by deleting "Transport Act 1966" and substituting the following-

" Transport Co-ordination Act 1966 ";

and

(b)	in subsections (6) and (7) by deleting "Commissioner of Transport" wherever occurring and substituting in each case the following-

" Director General of Transport ".

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

PART V-METROPOLITAN REGION TOWN PLANNING

SCHEME ACT 1959.

59. Section 7 of the Metropolitan Region Town amended.

Planning Scheme Act 1959 is amended in t7i=idyr subsection (4) by deleting paragraph (e) and 078n

substituting the following—	amended by
Acts Nos. 115
of 1979, 30.

" (e) the person holding or acting in the office 11101197gfof

of Director General of Transport in the rf819Ead 73

Public Service of the State; ".

PART VI-ROAD TRAFFIC ACT 1974.

60. subsection (1) by deleting paragraph (d) and approved

Section 7 of the principal Act is amended in PrinciipatdAct.

July

1983

substituting the following paragraph—

(d)

the Director General of Transport of the Public Service of the State or such other person as the Director General of Transport with the approval of the Minister administering the Transport Co-ordination Act 1966, from time to time by writing addressed to the Chairman, nominates to be a member of the Board in place of the Director General of Transport; ".

PART VII-STATE TRANSPORT CO-ORDINATION

ACT 1981.

State

61. is repealed.

The State Transport Co-ordination Act 1981

Transport Co-ordina-

tion Act

1981 repeated.

PART VIII-TAXI CARS (CO-ORDINATION AND

CONTROL) ACT 1963.

Principal Act.

62. In this Part the Taxi-cars (Co-ordination and Control) Act 1963 is referred to as the principal	Reprinted as	approved
19 July 1977
Act.	and
amended by
Acts Noe. 68
of 1977, 27 and 92 of 1978, 10, 48 and 50 of 1980, and 106 of 1981.

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

Section 3

amended.

63. Section 3 of the principal Act is amended in

subsection (1)—

(a)	by deleting the definitions of "Com- missioner" and "Deputy Commissioner";
(b)	by inserting after the definition of "control area" the following definitions

ti "Department" means the Department

of the Public Service of the State principally assisting the Minister with the administration of this Act;

"Director General" means the person holding or acting in the office of Director General of Transport in the Public Service of the State; ";

and

(c)	in the definition of "inspector" by deleting "so appointed" and substituting the following-

" designated as such

Section 5

amended.

64. Section 5 of the principal Act is amended

(a)	in subsection (3) by deleting paragraph (a) and substituting the following paragraph

CI (a) a person appointed by the

Governor,

who

shall

rth irman: "; and

1985.]

Acts Amendment and Repeal [No. 54.

(Transport Co-ordination).

(b) in subsection (6)-

(i) by inserting after "in respect of" the following-

" the Chairman of the Board

or ";

(ii) by inserting after "deputy of" the following-

" the Chairman or ";

(iii) by deleting "at which the member, of whom that person is the deputy" and substituting the following-

" at which the Chairman of the Board or the member, of whom that person is the deputy, as the case requires, "; and

(iv) by deleting "all the powers of that member" and substituting the following-

" all the powers of the Chairman of the Board or of that member, as the case requires, ".

65. Section 9A of the principal Act is amended— ,e„1gtodne94.

(a) by repealing

subsection

(1)

and

substituting the following subsections

t t

(1) There shall be a secretary to the Board who may be an officer of the Department designated for that purpose by the Director General.

(la) The office of secretary to the Board may be held in conjunction with any other office of the Public Service of the State. "; and

No. 54.] Acts Amendment and Repeal

[1985.

(Transport Co-ordination).

(b)	in subsection (2), by deleting "an officer of the Commissioner" and substituting the following-

" an officer of the Department ".

Section /1A

amended.

66. Section 11A of the principal Act is amended in subsection (1a) by deleting "the person holding or acting in the office of Deputy Commissioner or secretary or to any officer of the Commissioner" and substituting the following-

" any officer of the Department ".

Section 12

amended.

67. Section 12 of the principal Act is amended

(a)	by repealing subsection (1) and substitut- ing the following subsection

i f	(1) The Minister may after con- sultation with the Public Service Board make available to the Board the services of any officer of the Depart- ment and may designate any officer of the Department to be an inspector for the purposes of this Act. "; and

(b)	in subsection (2), by deleting "employee" and substituting the following-

" officer ".

Section 16E

amended.

68. Section 16B of the principal Act is amended in subsection (2) by deleting "Transport Commis- sion Act 1966" and substituting the following-

" Transport Co-ordination Act 1966 ".

Section 17

amended.

68. Section 17 of the principal Act is amended in subsection (3) by deleting "Commissioner" and substituting the following-

" Board ".

1985.]	Acts Amendment and Repeal [No. 54.
(Transport Co-ordination).

Section /

70.

in subsection (2) by deleting "Commissioner" in

paragraph (b) and substituting the following-

Section 17A of the principal Act is amended amended'"

" Chairman ".

Section 19

71.

in subsection (2) by deleting "Commissioner" and

substituting the following-

Section 19 of the principal Act is amended

amended.

" Director General ".

Section

22C

72.

in subsection (1) by deleting "Commissioner" and

substituting the following-

Section 22C of the principal Act is amended amended.

" Director General ".

Secti 23G

73.

by deleting "Commissioner" and substituting the

following-

Section 23G of the principal Act is amended amended.

" Department ".

Section 24

74.

in subsection (2) by deleting "Commissioner" in

paragraph (d) and substituting the following-

Section 24 of the principal Act is amended amended.

" Department ".

Section 28A

75. Section 28A of the principal Act is amended amended.

in subsections (3) and (5) by deleting "Com- missioner" wherever occurring and substituting in each case the following-

" Director General ".