Australian National Railways Act 1917 (Cth)
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - Incorporating all amendments by
legislation made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTACT CHAP 153 #DATE 30:06:1980)
legislation made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTACT CHAP 153 #DATE 30:06:1980)
*1* The Australian National Railways Act 1917 (a) as shown in this reprint
following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
---------------------------------------------------------------------------- Commonwealth
Railways Act 1917 31, 1917 22 Sept 1917 22 Sept 1917
Commonwealth
Railways Act 1925 11, 1925 31 Aug 1925 31 Aug 1925 -
Commonwealth
Railways Act 1936 87, 1936 7 Dec 1936 7 Dec 1936 -
Salaries (Statutory
Offices) Adjustment
Act 1950 (b) 51, 1950 14 Dec 1950 1 July 1950 -
Commonwealth
Railways Act 1950 77, 1950 16 Dec 1950 13 Jan 1951 -
Commonwealth
Railways Act 1954 64, 1954 6 Nov 1954 6 Nov 1954 -
Salaries Adjustment
Act 1955 18, 1955 10 June 1955 10 June 1955 (c) -
Lands Acquisition
Act 1955 69, 1955 4 Nov 1955 16 Feb 1956 (see
Gazette 1956, p.
472) -
Commonwealth
Railways Act 1956 99, 1956 15 Nov 1956 15 Nov 1956 -
Salaries (Statutory
Offices) Adjustment
Act 1957 (b) 39, 1957 12 Sept 1957 1 July 1957 -
Salaries (Statutory
Offices) Adjustment
Act 1960 (b) 17, 1960 17 May 1960 17 May 1960 (d) -
Salaries (Statutory
Offices) Adjustment
Act 1964 (b) 75, 1964 5 Nov 1964 5 Nov 1964 (e) -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Commonwealth
Railways Act 1968 27, 1968 7 June 1968 7 June 1968 S. 7
Salaries Act 1968
(b) 120, 1968 2 Dec 1968 2 Dec 1968 (f) -
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Australian National
Railways Act 1975 26, 1975 18 Apr 1975 1 July 1975 (see
Gazette 1975, No.
G23, p. 2) Ss. 16, 25
and 27-30
Postal and
Telecommunications
Commissions
(Transitional
Provisions) Act
1975 56, 1975 12 June 1975 Ss. 4 and 38: 1
July 1975 (see s.
2 (1) and Gazette
1975, No. S122, p.
1)
Remainder: Royal
Assent -
Australian National
Railways Amendment
Act 1977 38, 1977 7 June 1977 Ss. 12 and 13: 1
Mar 1978 (see
Gazette 1978, No.
S38, p. 1)
Remainder: Royal
Assent Ss. 5 (2), 12 (2)
and 19
Australian National
Railways Amendment
Act 1978 9, 1978 1 Apr 1978 1 Mar 1978 S. 6
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June 1978 12 June 1978 -
Australian Federal
Police
(Consequential
Amendments) Act
1979 155, 1979 28 Nov 1979 19 Oct 1979 (see
s. 2 and Gazette
1979, No. S206, p.
1) -
Australian National
Railways Amendment
Act 1980 38, 1980 23 May 1980 23 May 1980 -
Australian Federal
Police
(Consequential
Amendments) Act
1980 70, 1980 28 May 1980 28 May 1980 -
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
(b) The Salaries (Statutory Offices) Adjustment Act 1950, the Salaries
(Statutory Offices) Adjustment Act 1957, the Salaries (Statutory Offices)
Adjustment Act 1960, the Salaries (Statutory Offices) Adjustment Act 1964 and
the Salaries Act 1968 were repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.
(c) By sub-section 3 (2) of the Salaries Adjustment Act 1955, the amendments
effected by sub-section 3 (1) of that Act (which included an amendment of the
Commonwealth Railways Act 1917-1954) are to be deemed to have had effect from
and including 1 January 1955.
(d) By section 2 of the Salaries (Statutory Offices) Adjustment Act 1960,
that Act came into operation on the day on which it received the Royal Assent
but the amendments made by that Act are to be deemed to have taken effect on 3
December 1959.
(e) By section 2 of the Salaries (Statutory Offices) Adjustment Act 1964,
that Act came into operation on the day on which it received the Royal Assent
but the amendments made by that Act are to be deemed to have taken effect on 1
November 1964.
(f) By section 2 of the Salaries Act 1968, that Act came into operation on
the day on which it received the Royal Assent but the amendments made by that
Act are to be deemed to have taken effect on 1 December 1968.
For the application of the Australian National Railways Act 1917 in relation
to the Seat of Government Railway, see Seat of Government Railway Act 1928.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. (Repealed)
3. Repeal and saving
4. Interpretation
PART II-THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION
Division 1-Establishment, Constitution and Meetings of the
Australian National Railways Commission
5. Australian National Railways Commission
6. Nature of Commission
7. Constitution of Commission
8. Period of appointment
9. Remuneration and allowances
10. Leave of absence
11. Resignations of Commissioners
12. Acting Chairman and Commissioners
13. Termination of appointment of Commissioner
14. Disclosure of interest by Commissioner
15. Meetings of Commission
Division 2-Property
16A. Assets of Commissioner vested in Commission
16. Commonwealth Railways, &c., vested in Commission
17-19. (Repealed)
Division 3-Powers of the Commission
20. Delegation by Commission
21. Lease of railway property
22. General contractual powers of Commission
23. Contracts
24. Contracts by the Commission-how made
25. Particulars of contracts to be furnished to Minister
26. Commission may compound for breach of contract
27. Dangerous goods
28. Commission not bound to convey goods of excessive weight
29. Commissioner may demand tolls
30. Special tolls, &c.
30A. Special contracts
31. Contracts with Australian Postal Commission
31A. Services for the Commonwealth
31B. Land transport other than rail
31C. Joint services
31D. Functions of Commission conferred by State Acts or Ordinances of
Territories
32. Power to connect with State railways
33. Use of railways before open for traffic
33A. Supply of travellers' requisites
Division 4-Duties of the Commission
34. Commission to be common carrier
35. General duties of Commission
36. Duties of Commission in respect to the railways, &c.
37. Inspection, maintenance and repairs of railways
38. (Repealed)
39. Commission not to incur expenditure for special works without
approval of Minister
40. Quarterly reports by Commission
41. Annual reports
42. Further reports to Minister
43. (Repealed)
44. Alterations made by direction of Minister
45. Adjustment of weights and measures on railways
PART III-THE RAILWAY SERVICE
Division 1-General
46. Staff of Commission
46A. General Manager
47-49. (Repealed)
50. Report of permanent offices
51. Superannuation
52. Long service leave entitlements of transferred South Australian
employees
52A. Long service leave entitlements of employees to whom By-law 70 was
applicable
52B. Compensation payable to certain transferred South Australian
employees
52C. Application of certain provisions of Compensation (Commonwealth
Government Employees) Act 1971 to transferred employees
53. Promotions Appeal Boards
53A. Appeals against promotions or directions to act
53B. Disciplinary Appeal Boards
53C. Appeals against decisions made in cases of misconduct
53D. Witnesses before Disciplinary Appeal Boards
54. (Repealed)
Division 2-Powers and Functions of the Australian Conciliation and
Arbitration Commission in respect of the Railway Service
54A. Interpretation
54B. Settlement of industrial disputes and determination of industrial
matters in respect of Railway Service
54C. Application of provisions of Conciliation and Arbitration Act
54D. Awards deemed to be made under Conciliation and Arbitration Act
54E. Public Service Arbitration Act not to apply
54F. Commission may be represented by officer of Australian Public
Service
PART IV-FINANCE
55. Capital of Commission
56. Payment to the Commonwealth
57. Estimates
57A. Expenditure of moneys of Commission
57B. Borrowing from Commonwealth
57BA. Borrowing otherwise than from Commonwealth
57BB. Dealings with securities
57BC. Commission may give security
57BD. Borrowings not otherwise permitted
57C. Financial policy
57D. Bank accounts
57E. Profits of Commission
57F. Proper accounts to be kept
57G. Audit
57H. Liability to taxation
PART V-CONSTRUCTION OF NEW RAILWAYS
58. Preliminary investigation of proposed railway route
59. Reports re proposed railways, &c., to be supplied by Commission
60. Commissioner's reports re proposed railways to be laid before
Parliament
61. Construction of railways not authorized except by Act of Parliament
62. Construction of authorized railways
63. Acquisition of lands for purposes of railway
64. Powers in relation to reserves or public roads
65. General powers of Commission
66. Closing of roads
67. Provision where railway constructed over road
68. Maintenance of railways on roads
PART VA-CLOSING OF RAILWAYS
68A. Interpretation
68B. Closing of railway may be directed
68C. Powers and obligations of Commission
PART VI-PENALTIES AND PROCEDURE
69. Fraudulent travelling
70. Carriage of goods of dangerous nature
71. Persons employed on railways guilty of misconduct
72. Recovery of rates or charges
73. Other obstructions
73A. Trespassing on railway
74. Penalty for unauthorized sale or alteration of tickets
75. Damage to be made good in addition to penalty
76. Arrest of offenders
77. Publication of penalties
78, 79. (Repealed)
PART VII-MISCELLANEOUS
80. Medical examination of persons injured in accident
81. (Repealed)
82. Commission not liable for loss or injury in certain cases
83. Reports of accidents to be supplied to Minister
84. Inquiry into accidents
85. (Repealed)
86. Reimbursement of Commission for passes issued by Minister and
special services ordered
87. Railways need not be fenced
87A. Rights of public servants
87B. Regulations
PART VIII-BY-LAWS
88. By-laws
THE SCHEDULE
Repeal of Acts
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - LONG TITLE Title amended by No. 26, 1795, s.3
SECT
An Act relating to the Construction and Management of Australian National Railways
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 1.
Short titleSECT
PART I-PRELIMINARY
1. This Act may be cited as the Australian National Railways Act 1917.*1*
Section 2 repealed by No. 216, 1973, s. 3
* * * * * * * *
See notes to first article of this Chapter.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 3.
Repeal and savingSECT
3. (1) The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed.
Sub-sections (2) and (3) omitted by No. 216, 1973, s. 3
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 4.
InterpretationSub-section (1) amended by No. 77, 1950, s. 2; No. 216, 1973, s. 3; No. 26, 1975, ss. 4 and 26; No. 38, 1977, s. 3; No. 9, 1978, s. 3; No. 38, 1980, s. 3
SECT
4. (1) In this Act, unless the contrary intention appears-
"Approved bank" means a trading bank as defined by sub-section 5 (1) of the Banking Act 1959 or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs;
"Carriage" includes brake-van, goods truck, horsebox, motor vehicle or other vehicle;
"Commission" means the Commission established by this Act;
"Employee" means any person employed by the Commission under this Act;
"General Manager" means the General Manager of the Commission appointed under section 46A;
"Goods" includes merchandise and chattels of every description, and animals alive or dead;
"Long Service Leave" includes long leave, furlough, extended leave and any other leave in the nature of long service leave (howsoever referred to);
"Owner ", when used in respect of land, means any person who is entitled to sell and convey land; and when used in relation to goods includes any consignor, consignee, shipper or agent for sale or custody of the goods;
"Railway" means any railway vested in the Commission; and, where necessary, includes all lands, buildings, works, and things connected therewith or appurtenant thereto;
"Railway Service" means the Service consisting of the persons appointed as officers or engaged as employees in accordance with Part III;
"securities" includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;
"Transferred South Australian Employee" means a person who is appointed to the Railway Service in pursuance of the Railways Agreement (South Australia) Act 1975;
"Transferred Tasmanian Employee" means a person who is appointed to the Railway Service in pursuance of the Railways (Tasmania) Act 1975;
"Wharf" means any wharf, jetty or pier connected with the railways.
Added by No. 38, 1980, s. 3SECT
(2) In this Act, a reference to dealing with securities shall be read as including a reference to-
(a) creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 5.
Australian National Railways CommissionSECT
PART II-THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION
Division 1-Establishment, Constitution and Meetings of the Australian National
Railways Commission
Heading substituted by No. 26, 1975, s. 5 Division 1 substituted by No. 26, 1975, s. 6 Substituted by No. 26, 1975, s. 6
SECT
5. There is established by this Act a Commission by the name of the Australian National Railways Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 6.
Nature of CommissionSubstituted by No. 26, 1975, s. 6
SECT
6. (1) The Commission-
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold or dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 7.
Constitution of CommissionSubstituted by No. 26, 1975, s. 6
SECT
7. (1) The Commission shall consist of-
(a) a Chairman; and
(b) 6 other Commissioners.
(2) The Commissioners shall be appointed by the Governor-General, the Chairman being appointed as a full-time Commissioner and the other Commissioners being appointed as part-time Commissioners.
(3) A person may be, at the same time, the General Manager and the Chairman or another Commissioner.
(4) The performance of the functions or the exercise of the powers of the Commission is not affected by reason of there being a vacancy or vacancies in the membership of the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 8.
Period of appointmentSubstituted by No. 26, 1975, s. 6
SECT
8. (1) Subject to sub-section (2), the Chairman and each of the other Commissioners shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be appointed or re-appointed as a Commissioner and a person shall not be appointed or re-appointed as a Commissioner for a period that extends beyond the date on which he will attain the age of 65 years.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 9.
Remuneration and allowancesSubstituted by No. 26, 1975, s. 6
SECT
9. (1) The Chairman and the Commissioners shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, they shall be paid such remuneration as is prescribed.
(2) The Chairman and the Commissioners shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 10.
Leave of absenceSubstituted by No. 26, 1975, s. 6
SECT
10. The Minister may grant leave of absence to the Chairman on such terms and conditions as to remuneration or otherwise as the Minister determines.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 11.
Resignations of CommissionersSubstituted by No. 26, 1975, s. 6
SECT
11. A Commissioner may resign his office by writing signed by him and delivered to the Governor-General.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 12.
Acting Chairman and CommissionersSubstituted by No. 26, 1975, s. 6
SECT
12. (1) The Minister may appoint a person, including another Commissioner, to act as Chairman-
(a) during a vacancy in the office of Chairman, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) Where a person is acting as Chairman in accordance with paragraph (1) (b) and the office of the Chairman becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(3) The Minister may appoint a person to act as Commissioner (otherwise than as Chairman)-
(a) during a vacancy in an office of Commissioner, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a Commissioner is Acting Chairman, is absent from duty or from Australia or, for any other reason, is unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(4) The Minister may-
(a) determine the terms and conditions of appointment, including remuneration and allowances, of an Acting Chairman or an Acting Commissioner; and
(b) at any time, terminate an appointment under this section.
(5) The appointment of an Acting Chairman or Acting Commissioner ceases to have effect if he resigns the appointment by writing signed by him and delivered to the Minister.
(6) While the appointment of a person to act as Chairman or as a Commissioner remains in force he has, and may exercise, all the powers and shall perform all the functions of the Chairman or a Commissioner, as the case may be.
(7) The validity of anything done by a person appointed under this section shall not be called in question on the ground that the occasion for his appointment had not arisen or had ceased.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 13.
Termination of appointment of CommissionerSubstituted by No. 26, 1975, s. 6
SECT
13. (1) The Governor-General may terminate the appointment of a Commissioner by reason of misbehaviour, inefficiency or physical or mental incapacity.
(2) If a Commissioner-
(a) being the Chairman, engages in paid employment outside the duties of his office, otherwise than as General Manager, without the approval of the Minister;
(b) being the Chairman, is absent from duty, except on leave granted by the Minister, for 14 consecutive days or for 28 days in any 12 months;
(c) is absent, except on leave granted by the Minister or otherwise with the permission of the Minister, from 3 consecutive meetings of the Commission;
(d) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or
(e) fails to comply with his obligations under section 14,
the Governor-General shall terminate the appointment of the Commissioner.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 14.
Disclosure of interest by CommissionerSubstituted by No. 26, 1975, s. 6
SECT
14. (1) A Commissioner who is directly or indirectly interested in a contract made or proposed to be made by the Commission, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than 25 persons shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of the Commission and the Commissioner-
(a) shall not take part after the disclosure in any deliberation or decision of the Commission with respect to the contract; and
(b) shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberation or decision.
(3) This section applies to and in relation to a person appointed under section 12 to act as Chairman or as another Commissioner in like manner as it applies to and in relation to a Commissioner.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 15.
Meetings of CommissionRepealed by No. 77, 1950, s. 3; inserted by No. 26, 1975, s. 6
SECT
15. (1) The Chairman shall convene such meetings as he considers necessary for the performance of the functions of the Commission.
(2) The Minister may at any time convene a meeting of the Commission.
(3) The Chairman shall, on receipt of a request in writing signed by 2 other Commissioners, convene a meeting of the Commission.
(4) At a meeting of the Commission, a majority of the persons who are Commissioners constitute a quorum.
(5) The Chairman shall preside at all meetings of the Commission at which he is present.
(6) If the Chairman is not present at a meeting of the Commission, the Commissioners present shall elect one of their number to preside at the meeting.
(7) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(8) The Chairman or the Commissioner presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.
(9) The General Manager shall, as far as practicable, attend all meetings of the Commission.
(10) Where the General Manager is not a Commissioner, he shall, if the Commission so directs, retire from a meeting of the Commission.
(11) In relation to a time when a person is acting as Chairman or as a Commissioner, references in this section to the Chairman or a Commissioner, as the case may be, shall be read as including references to that person.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 16A.
Assets of Commissioner vested in CommissionSECT
Division 2-Property
Inserted by No. 26, 1975, s. 7
SECT
16A. All the rights, property and assets, including moneys, that, immediately before the commencement of the Australian National Railways Act 1975, were vested in the Commonwealth Railways Commissioner are, by force of this section, vested in the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 16.
Commonwealth Railways, &c., vested in CommissionAmended by No. 87, 1936, s. 2; No. 26, 1975, ss. 8 and 26; No. 56, 1975, s. 38
SECT
16. For the purposes of this Act there shall be vested absolutely in the Commission, and, in respect of land, for an estate in fee simple-
(a) all railways and all rolling-stock constructed or acquired by or on behalf of Australia either before or after the commencement of the Australian National Railways Act 1975;
(b) all wharves, stations, yards and buildings connected, or used in connexion, with such railways;
(c) all land the property of Australia over or upon which such wharves, stations, yards and buildings have been constructed or erected;
(d) all land acquired for or on behalf of Australia for railway purposes; and
(e) all wires, instruments and other telegraphic or telephonic apparatus (not being the property of the Australian Telecommunications Commission) used in connexion with the railways.
Sections 17-19 repealed by No. 26, 1975, s. 9
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 20.
Delegation by CommissionSECT
Division 3-Powers of the Commission
Heading amended by No. 26, 1975, s. 26 Substituted by No. 26, 1975, s. 10
SECT
20. (1) The Commission may, by writing under its common seal, delegate any of its powers under this Act (except this power of delegation) to a Commissioner, the General Manager or another officer or an employee of the Commission.
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable by resolution of the Commission and does not prevent the exercise of a power by the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 21.
Lease of railway propertySub-section (1) substituted by No. 26, 1975, s. 11; amended by No. 38, 1977, s. 4
SECT
21. (1) The Commission may let on lease, for any purpose approved by the Minister, any land or buildings vested in the Commission (including land, or buildings on land, in a Territory reserved for the purposes of the Commission) the use of which is not for the time being required by the Commission.
Sub-section (2) omitted by No. 26, 1975, s. 11
* * * * * * * *
Amended by No. 26, 1975, ss. 11 and 26SECT
(3) The Commission may lease any premises set aside under sub-section (2) of section 33A, tenement (other than for trading purposes), or site for storage, or grant the right of entrance into any station by any public vehicle, or the right of advertising, or other convenience or appurtenance to any of the railways, for any term not exceeding five years, upon such terms and conditions as it determines, and may provide house accommodation for employees on such terms and conditions as it determines.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 22.
General contractual powers of CommissionSub-section (1) amended by No. 26, 1975, s. 26
SECT
22. (1) Subject to this Act, the Commission may contract-
(a) for the execution of any work authorized by this or any other Act to be executed by it; or
(b) for furnishing materials or labour; or
(c) for providing locomotive engines or other motive or tractive power; or
(d) for any other matter or thing whatsoever necessary for enabling it to carry the purposes of the Act into full effect,
in such manner, upon such terms, for such sums, and under such stipulations, conditions, and restrictions as the Commission thinks proper.
(2) Every such contract shall be in writing and shall specify-
(a) the work to be done;
(b) the materials to be furnished;
(c) the price to be paid therefor;
(d) the time within which the work is to be completed and the materials are to be furnished; and
(e) the penalties to be suffered in case of non-performance thereof.
Amended by No. 26, 1975, s. 26SECT
(3) Every such contract may, if the Commission thinks fit, comprise several works, and may in every case specify the person to whose satisfaction the work is to be completed or the material furnished, and the mode of determining any dispute which may arise in relation to the contract.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 23.
ContractsSubstituted by No. 38, 1977, s. 5
SECT
23. The Commission shall not, without the approval of the Minister, enter into a contract under which the Commission is to pay an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 24.
Contracts by the Commission-how madeSub-section (1) amended by No. 26, 1975, s. 26
SECT
24. (1) Any contract which, if made between private persons, would by law require to be in writing and under seal, may be made by the Commission in writing under its common seal, and may be varied or discharged in the same manner.
Amended by No. 26, 1975, s. 26SECT
(2) Any contract which, if made between private persons, would by law require to be in writing and signed by the parties to be charged therewith, may be made by the Commission in writing, and may be varied or discharged in the same manner.
Amended by No. 26, 1975, s. 26SECT
(3) All contracts made according to the provisions herein contained and duly executed by the parties thereto respectively shall be effectual in law and shall be binding upon the Commission and all other parties thereto, their successors, heirs, executors and administrators.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 25.
Particulars of contracts to be furnished to MinisterAmended by No. 26, 1975, s. 26
SECT
25. The Commission shall annually, and at such other times as the Minister directs, prepare and submit to him a statement showing full details of contracts entered into by the Commission, and statements in such form as the Minister requires of all purchases made by it which are not covered by contracts, and shall, if so directed by the Minister in any particular case or in general, arrange for future purchases to be covered by contracts.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 26.
Commission may compound for breach of contractAmended by No. 26, 1975, s. 26
SECT
26. The Commission may compound and agree with any person who has entered into any contract in pursuance of or under the authority of this Act, or against whom any action or suit is brought for any penalty contained in the contract, or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of the contract, bond or security, for such sum of money or other consideration as the Commission thinks proper.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 27.
Dangerous goodsSub-section (1) amended by No. 26, 1975, ss. 13 and 26
SECT
27. (1) No person shall be entitled to carry, or to require the Commission to carry, upon any railway or on a vehicle of the Commission any goods whatsoever which, in the judgment of the Commission or its employees, are of a dangerous nature.
Amended by No. 26, 1975, s. 26SECT
(2) The Commission may refuse to take any parcel which it suspects to contain goods of a dangerous nature, or may require any parcel to be opened so that the nature of the contents may be ascertained.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 28.
Commission not bound to convey goods of excessive weightAmended by No. 26, 1975, ss. 14 and 26
SECT
28. The Commission may refuse to accept for conveyance upon the railways or on a vehicle of the Commission any goods which from their excessive weight or bulk would be inconvenient to transport, or it may, if it is agreeable to the acceptance of the goods for conveyance, fix special rates and conditions for their transport.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 29.
Commissioner may demand tollsSub-section (1) amended by No. 26, 1975, s. 26
SECT
29. (1) The Commission may carry and convey upon the railways all such passengers and goods as are offered for that purpose, and may demand such tolls, fares and charges and impose such conditions in respect thereof as are, upon the recommendation of the Commission, approved by the Minister.
Amended by No. 38, 1977, s. 6SECT
(2) Subject to the provisions of this Act and of the Railway Agreements, all such tolls, fares and charges shall at all times be charged equally to all persons, and after the same rate, whether per ton, per mile, or otherwise, in respect of all passengers and of all goods of the same description, and conveyed or propelled by a like carriage or engine passing over the same portion of the line of railway and under the same circumstances; and no reduction or advance in any such tolls, fares or charges shall be made, either directly or indirectly, in favour of or against any particular company or person travelling upon or using the railway.
Amended by No. 26, 1975, s. 26SECT
(3) All such tolls, fares and charges shall be paid to such persons, and at such places upon or near to the railways, and in such manner, and under such regulations, as the Commission appoints.
Amended by No. 26, 1975, s. 26SECT
(4) Any publication purporting to contain a list of the tolls, fares, charges, and conditions recommended by the Commission and approved by the Minister, which is printed by the Government Printer, shall be prima facie evidence that the tolls, fares, charges, and conditions contained therein were so recommended and approved, and, until the contrary is proved, that they are still in force.
Added by No. 38, 1977, s. 6SECT
(5) In this section, "Railway Agreements" means the agreement approved by the Railways Agreement (South Australia) Act 1975 and the agreement approved by the Railways (Tasmania) Act 1975.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 30.
Special tolls, &c.Amended by No. 26, 1975, s. 26
SECT
30. Notwithstanding anything in this Act contained, the Commission may fix a special toll or charge for the conveyance of any special article or parcel of goods provided that the same toll or charge shall apply alike to all persons using the railways under the same conditions.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 30A.
Special contractsInserted by No. 87, 1936, s. 3; amended by No. 26, 1975, s. 26
SECT
30A. Notwithstanding anything in this Act contained, the Commission may, with a view of preventing decrease of income by reason of loss of traffic on the railway, enter into a contract with any person for the conveyance, during such period as is provided in the contract, of such proportion of the goods of that person as is stated in the contract at a special rate or charge fixed in the contract or subject to a rebate or concession specified in the contract.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 31.
Contracts with Australian Postal CommissionAmended by No. 26, 1975, s. 26; No. 56, 1975, s. 38
SECT
31. The Commission may enter into any agreement or contract with the Australian Postal Commission for the performance of any service for the Australian Postal Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 31A.
Services for the CommonwealthInserted by No. 26, 1975, s. 15; amended by No. 38, 1980, s. 6
SECT
31A. The Commission may provide to the Commonwealth and authorities of the Commonwealth, for reward, land transport and engineering services and such other services as can conveniently be provided by the use of the resources of the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 31B.
Land transport other than railInserted by No. 26, 1975, s. 15
SECT
31B. (1) Without limiting the powers of the Commission to transport passengers and goods on the railways, the Commission may (as incidental or supplementary to, or in association with, the transport of passengers or goods on the railways) transport passengers and goods for reward by land, otherwise than on the railways, between-
(a) a place in a Territory and another place in that Territory;
(b) a place in a State and a place in another State;
(c) a place in a Territory and a place outside that Territory;
(d) to the extent necessary to carry out an arrangement under section 31C, places in the one State; or
(e) to the extent provided by sub-section (2), places in the one State.
(2) The powers of the Commission by virtue of paragraph (1) (e) may be exercised only for the purposes of the efficient, competitive and profitable exercise of the other powers of the Commission under this Act or any other Act or otherwise as incidental to the exercise of those powers.
(3) The Commission may do all things necessary or convenient for the purpose of the exercise of its powers under this section.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 31C.
Joint servicesInserted by No. 26, 1975, s. 15
SECT
31C. The Commission may make and carry out an arrangement with any person, including the Australian Shipping Commission or the Australian National Airlines Commission, under which-
(a) passengers or goods are to be transported between-
(i) a place in a State and a place in another State;
(ii) a place in a Territory and a place in Australia outside that Territory; or
(iii) a place in Australia and a place outside Australia; and
(b) the passengers or goods are to be transported partly by rail or road transport provided by the Commission and partly by transport provided by the other party.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 31D.
Functions of Commission conferred by State Acts or Ordinances of TerritoriesInserted by No. 26, 1975, s. 15
SECT
31D. (1) It is the intention of the Parliament that, subject to sub-section (2), the Commission may have and perform, in addition to functions and powers under this Act, functions and powers conferred on it specifically by a State Act or an Ordinance of a Territory, being functions and powers relating to land transport in that State or Territory.
(2) The Regulations may provide that sub-section (1) does not extend to all or any of the functions and powers expressed to be conferred on the Commission by a State Act.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 32.
Power to connect with State railwaysSub-section (1) amended by No. 26, 1975, s. 26
SECT
32. (1) By arrangement with any State, the Commission may-
(a) connect the railways with any State railway; or
(b) permit any State railway to be connected with the railways; or
(c) run trains or rolling-stock of Australia over any State railway with which the railways are connected; or
(d) permit trains or rolling-stock of any State railway with which the railways are connected to run over the railways or any part thereof.
Amended by No. 26, 1975, s. 26SECT
(2) No connexion which involves the construction of more than 1.609 kilometres of additional line of railway shall be made by the Commission in pursuance of this section.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 33.
Use of railways before open for trafficAmended by No. 26, 1975, s. 26
SECT
33. The Commission may, with the consent of the Minister, permit any part of the railways to be used for the carriage of passengers and goods before it has been declared open for traffic, but in that case all passengers shall be carried at their own risk, and all goods shall be carried at the risk of the owners thereof and the Commission shall incur no responsibility for any injury or damage to any such passengers or goods.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 33A.
Supply of travellers' requisitesSubstituted by No. 26, 1975, s. 16
SECT
33A. (1) The Commission may supply travellers' requisites on passenger trains.
(2) The Commission may set aside premises vested in the Commission (including premises in a Territory on land reserved for the purposes of the Commission) for the provision of travellers' requisites to persons travelling on the railways.
(3) The Commission may, on premises set aside under sub-section (2), supply travellers' requisites to persons travelling on the railways and other persons.
(4) Where the Commission leases to a person premises set aside under sub-section (2), the Commission may, in writing, grant to the person an authority, for such term, and subject to such conditions, as the Commission determines, to supply, at those premises, travellers' requisites to persons travelling on the railways and other persons.
(5) The Commission shall-
(a) in supplying travellers' requisites in accordance with sub-section (3), ensure, as far as is practicable; and
(b) in granting an authority under sub-section (4), include in the authority conditions for the purpose of ensuring, as far as is practicable,
that goods that are travellers' requisites are not supplied on premises set aside under sub-section (2) to persons resorting to the premises solely or principally for the purpose of obtaining those goods at times outside the days and hours of trading or business that would be applicable, under the law of the State or Territory in which the premises are situated, in relation to like transactions in the part of that State or Territory in which the premises are situated.
(6) The Commission may supply refreshments of any kind to officers and employees of the Commission at any place that is further than 20 kilometres from the nearest place at which refreshments of the same kind are supplied otherwise than by the Commission.
(7) The Commission, and the servants and agents of the Commission, may act in accordance with the powers of the Commission under this section, and the holder of an authority under sub-section (4), and the servants and agents of such a holder, may, subject to the conditions of the authority, act in accordance with the authority, without obtaining or having any other authority, licence, permit or registration.
(8) Notwithstanding any law of a State or Territory-
(a) the Commission may permit the consumption, on premises set aside under sub-section (2), of refreshments supplied in accordance with this section;
(b) the holder of an authority under sub-section (4) to supply refreshments on premises may permit the consumption of refreshments on those premises;
(c) any person may purchase or consume on a passenger train any refreshments supplied in accordance with this section; and
(d) any person may purchase or consume refreshments on premises set aside under sub-section (2) for the supply of refreshments.
(9) Except as provided in this section, this section does not exempt a person from compliance with the law of a State or Territory.
(10) In this section-
"passenger train" means a train conveying passengers on the railways and includes a train waiting to convey passengers;
"refreshments" includes meals and alcoholic liquor;
"supply" includes sell;
"travellers' requisites" means-
(a) refreshments;
(b) tobacco, cigars, cigarettes, pipes and other smokers' requisites; and
(c) other goods approved by the Commission, being goods required, or likely to be required, by persons travelling upon the railways while so travelling.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 34.
Commission to be common carrierSECT
Division 4-Duties of the Commission
Heading amended by No. 26, 1975, s. 26 Amended by No. 26, 1975, s. 26
SECT
34. For the purposes of this Act the Commission shall be deemed to be a common carrier, and (except as by this Act otherwise provided) shall be subject to the obligations and entitled to the privileges of common carriers.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 35.
General duties of CommissionAmended by No. 26, 1975, s. 26
SECT
35. For the purposes and subject to the provisions of this Act, the Commission may do all that is necessary or convenient for making, maintaining, altering or repairing and using the railways.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 36.
Duties of Commission in respect to the railways, &c.Amended by No. 26, 1975, s. 26
SECT
36. The Commission shall maintain the railways and all works in connexion therewith in a state of efficiency, and shall carry persons and goods without negligence or delay.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 37.
Inspection, maintenance and repairs of railwaysAmended by No. 26, 1975, s. 26
SECT
37. The Commission shall at all times cause to be made a careful inspection of the condition of the railways, and it shall be responsible for carrying out such ordinary maintenance and repairs as may from time to time be necessary, and for carrying out such special repairs, alterations, renewals and extensions as may be authorized by the Minister.
Section 38 repealed by No. 26, 1975, s. 17
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 39.
Commission not to incur expenditure for special works without approval of
MinisterAmended by No. 26, 1975, s. 26
SECT
39. Before the Commission authorizes or incurs any expenditure for any works or services which are not chargeable against ordinary working expenses or maintenance, it shall submit to the Minister a statement of the proposed works or services, together with an estimate of the cost thereof.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 40.
Quarterly reports by CommissionAmended by No. 26, 1975, s. 26
SECT
40. In the first month in each quarter of the year the Commission shall furnish to the Minister a written report setting out-
(a) the approximate expenditure and receipts during the past quarter;
(b) the general condition of the lines and accommodation for the traffic;
(c) the special rates (if any) which have been made and the reasons for making them; and
(d) the appointments and removals of employees holding permanent office.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 41.
Annual reportsSubstituted by No. 26, 1975, s. 18 Sub-section (1) amended by No. 36, 1978, s. 3
SECT
41. (1) The Commission shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of the operations of the Commission during that year, together with financial statements in respect of that year in such form as the Minister for Finance approves.
(2) Before furnishing financial statements to the Minister, the Commission shall submit them to the Auditor-General, who shall report to the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of affairs of the Commission;
(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
Substituted by No. 38, 1977, s. 7SECT
(3) The Minister shall cause copies of the report and financial statements of the Commission, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 42.
Further reports to MinisterAmended by No. 26, 1975, s. 26
SECT
42. The Commission shall furnish all such reports, documents, and information relating to the railways and the railway service as the Minister requires.
Section 43 repealed by No. 26, 1975, s. 19
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 44.
Alterations made by direction of MinisterAmended by No. 26, 1975, s. 26
SECT
44. The Minister may direct the Commission to make any alteration in any existing practice or carry out any system or matter of policy, but where any such direction adversely affects the accounts of the railways, the Commission shall notify the Minister thereof from time to time, and the amount of any loss occasioned by the direction shall, if certified by the Auditor-General, be provided by Parliament in the Annual Appropriation Act and paid to the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 45.
Adjustment of weights and measures on railwaysAmended by No. 26, 1975, s. 26
SECT
45. The Commission shall cause all weights, measures, scales and other weighing machines in use upon the railways to be from time to time adjusted by some employee in the railway service appointed in that behalf by the Commission.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 46.
Staff of CommissionSECT
PART III-THE RAILWAY SERVICE
Division 1-General
Division heading inserted by No. 38, 1977, s. 8 Substituted by No. 26, 1975, s. 20
SECT
46. (1) The Commission may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.
(2) Subject to sub-section (3), the terms and conditions of service or employment (in respect of matters not provided for by this Act) of persons so appointed or engaged are such as are determined by the Commission with the approval of the Public Service Board.
(3) The Commission shall not, except with the approval of the Minister, determine the salary of a position in the service of the Commission at a rate exceeding $16,292 per annum or-
(a) if the regulations provide for a higher rate-that higher rate; or
(b) if the regulations provide for a method of ascertaining a rate and the rate so ascertained is a higher rate-that rate so ascertained.
(4) This section has effect subject to the Remuneration Tribunals Act 1973-1974.
Added by No. 38, 1977, s. 9SECT
(5) The terms and conditions of service or employment that may be determined under sub-section (2) include terms and conditions specifying-
(a) the grounds upon which employees, or employees included in a specified class of employees, may be charged with misconduct;
(b) the manner in which charges of misconduct may be dealt with; and
(c) the kinds of action that may be taken in respect of employees against whom charges of misconduct are established.
Added by No. 38, 1977, s. 9SECT
(6) A certificate signed by the General Manager or by a person acting as the General Manager that states that-
(a) a specified document is a true copy of a determination that was made by the Commission under sub-section (2);
(b) the terms and conditions of service or employment contained in a specified determination were determined by the Commission with the approval of the Public Service Board;
(c) the salary of a position referred to in a specified determination was determined by the Commission with the approval of the Minister; or
(d) a determination is in force or was in force during a period specified in the certificate,
shall, in any proceedings before a court, be prima facie evidence of the matters stated in the certificate.
Added by No. 38, 1977, s. 9SECT
(7) A document purporting to be a certificate of the kind referred to in sub-section (6) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 46A.
General ManagerInserted by No. 26, 1975, s. 20
SECT
46A. (1) The Commission, in accordance with section 46, may appoint a person to be the General Manager of the Commission.
(2) The General Manager shall be the chief executive officer of the Commission.
(3) An appointment under this section is subject to the approval of the Minister.
Section 47 repealed by No. 38, 1977, s. 10; sections 48 and 49 repealed by No.
216, 1973, s. 3
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 50.
Report of permanent officesSubstituted by No. 26, 1975, s. 21
SECT
50. The Commission shall, as soon as practicable after the end of each financial year, prepare and furnish to the Minister a report showing the number of permanent offices in the Railway Service on the last day of that year.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 51.
SuperannuationSubstituted by No. 38, 1977, s. 11
SECT
51. (1) Nothing in this Act authorizes the provision of superannuation benefits otherwise than under the Superannuation Act 1976 for a person, other than a person referred to in sub-section (2) or (3), appointed or engaged under this Act.
(2) Where a transferred South Australian employee or a transferred Tasmanian employee continues, notwithstanding his appointment to the Railway Service, to be a contributor for State retirement benefits-
(a) the Commission may deduct from the salary or wages of the employee amounts equal to the contributions payable by him from time to time for those benefits and may pay the amounts so deducted to the appropriate Superannuation Board; and
(b) the Commission may furnish to the appropriate Superannuation Board such information concerning the employee as the Board requests, being information relevant to the calculation of the contributions payable by him for those benefits or to the calculation of the State retirement benefits for which he has contributed.
(3) Where a transferred Tasmanian employee continues, notwithstanding his appointment to the Railway Service, to be a public servant for the purposes of the Public Servants' Retiring and Death Allowances Act 1925 of the State of Tasmania, the Commission may furnish to the Treasurer of that State such information concerning the employee as the Treasurer requests, being information relevant to the calculation of the benefits payable to or in respect of the employee under that Act.
Amended by No. 36, 1978, s. 3SECT
(4) There shall be paid by the Commission to the Consolidated Revenue Fund, at such times as the Minister for Finance determines, in respect of transferred South Australian employees and transferred Tasmanian employees referred to in sub-section (2) or (3), such amounts as the Treasurer determines in respect of the future liability of the Commonwealth to make payments relating to State retirement benefits in respect of those employees.
Amended by No. 9, 1978, s. 4SECT
(5) In this section-
"appropriate Superannuation Board" means-
(a) in relation to a transferred South Australian employee-the South Australian Superannuation Fund Board continued in existence, under the name "South Australian Superannuation Board ", by section 18 of the Superannuation Act 1974 of the State of South Australia;
(b) in relation to a transferred Tasmanian employee who was, immediately before his appointment to the Railway Service, a contributor under the Superannuation Act 1938 of the State of Tasmania-the Superannuation Fund Board established by that Act; and
(c) in relation to a transferred Tasmanian employee who was, immediately before his appointment to the Railway Service, a contributor under the Retirement Benefits Act 1970 of the State of Tasmania-the Retirement Benefits Fund Board established by that Act;
"State retirement benefits" means-
(a) in relation to a transferred South Australian employee-benefits payable to or in respect of him under the Superannuation Act 1974 of the State of South Australia; and
(b) in relation to a transferred Tasmanian employee-benefits payable to or in respect of him under the Superannuation Act 1938, the Retirement Benefits Act 1970, or under the Public Servants' Retiring and Death Allowances Act 1925, of the State of Tasmania.
(6) In this section, a reference to an Act of a State is a reference to the Act as amended and in force from time to time.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 52.
Long service leave entitlements of transferred South Australian employeesRepealed by No. 26, 1975, s. 21; inserted by No. 9, 1978, s. 5
SECT
52. (1) Subject to sub-section (2), the eligibility of a transferred South Australian employee to be granted a period of long service leave, or of such an employee, or of the dependants of such an employee, to be paid an amount of money in lieu of long service leave, shall be determined-
(a) by applying the provisions of the Long Service Leave (Commonwealth Employees) Act 1976; or
(b) by applying the relevant South Australian long service leave provisions and treating the service of the transferred South Australian employee in the employment of the Commission as service as an Officer for the purposes of those provisions,
whichever has the more favourable effect in relation to that employee or his dependants, and a period of long service leave may be granted, or the payment of an amount of money in lieu of long service leave may be authorized, under the Long Service Leave (Commonwealth Employees) Act 1976, accordingly.
(2) For the purposes of sub-section (1), the period of long service leave which a transferred South Australian employee would, at any time, but for this sub-section, be eligible to be granted under the relevant South Australian long service leave provisions in respect of a period of service is subject to an appropriate reduction in respect of a period of long service leave that has previously been granted to him, or of any amount of money in lieu of long service leave that has previously been paid to him, in respect of any part of that period of service.
(3) For the purposes of applying the relevant South Australian long service leave provisions to or in respect of a transferred South Australian employee, the Public Service Board and any persons authorized to grant long service leave to that employee, or to authorize a payment of money in lieu of long service leave to or in respect of that employee, under the Long Service Leave (Commonwealth Employees) Act 1976, have all the powers conferred by those provisions upon the Public Service Board of the State of South Australia.
(4) In this section, a reference to the relevant South Australian long service leave provisions shall be read as a reference to those provisions of the Public Service Act 1967 of the State of South Australia as in force at 1 March 1978 that relate to long service leave.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 52A.
Long service leave entitlements of employees to whom By-law 70 was applicableInserted by No. 9, 1978, s. 5
SECT
52A. (1) Where-
(a) the provisions of By-law No. 70 for the granting of long service leave or pay in lieu of long service leave applied, immediately before 1 March 1978, to an employee; and
(b) the employee had been employed under this Act immediately before 7 October 1944,
this section applies to the employee.
(2) On and after 1 March 1978-
(a) an employee to whom this section applies may be granted a period of long service leave under, and in accordance with, By-law No. 70 as if that By-law had not been repealed; and
(b) a payment of pay in lieu of long service leave may be made to, or in relation to, an employee to whom this section applies under, and in accordance with, By-law No. 70 as if that By-law had not been repealed.
(3) In this section-
(a) a reference to By-law No. 70 shall be read as a reference to By-law 70 made under this Act on 24 June 1936; and
(b) a reference to an employee shall be read as including a reference to an officer.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 52B.
Compensation payable to certain transferred South Australian employeesInserted by No. 9, 1978, s. 5
SECT
52B. (1) If, when a claim for compensation in relation to an injury sustained on or after 1 March 1978 by a transferred South Australian employee is served on the Commissioner by or on behalf of a person under section 54 of the Compensation (Commonwealth Government Employees) Act 1971, there is also served on the Commissioner an election, in accordance with a form prescribed by regulations made under that Act, by or on behalf of the person to have the claim dealt with in accordance with the applied South Australian provisions, that Act applies to and in relation to the claim, subject to this section, as if the applied South Australian provisions were substituted for the provisions of Part III of that Act and section 98 of that Act were omitted.
(2) Where-
(a) a transferred South Australian employee sustains an injury (in this sub-section referred to as the "subsequent injury ") that relates to a previous injury sustained by him on or after 1 March 1978; and
(b) compensation was paid under the Compensation (Commonwealth Government Employees) Act 1971 in respect of that previous injury,
that Act applies to and in relation to any claim made by or on behalf of the employee in respect of the subsequent injury-
(c) if an election was made under sub-section (1) in relation to that previous injury (whether or not an election is made in relation to the subsequent injury)-as if the applied South Australian provisions were substituted for Part III of that Act and section 98 of that Act were omitted; or
(d) if no election was made under sub-section (1) in relation to the previous injury but an election is made under that sub-section in relation to the subsequent injury-as if that last-mentioned election were of no force or effect.
(3) For the purposes of sub-section (2), an injury shall be taken to relate to a previous injury if it is an injury by way of-
(a) the aggravation, acceleration, exacerbation, deterioration or recurrence of that previous injury; or
(b) the further aggravation, acceleration, exacerbation, deterioration or recurrence of an injury the aggrevation, acceleration, exacerbation, deterioration or recurrence of which constituted that previous injury.
(4) In the application of the modified Compensation (Commonwealth Government Employees) Act to or in relation to a claim for compensation-
(a) unless the contrary intention appears, expressions used in a provision of that Act included in the applied South Australian provisions have, if they are also used in the corresponding provision of the Workmen's Compensation Act the same respective meanings as they have in the last-mentioned Act;
(b) expressions used in the modified Compensation (Commonwealth Government Employees) Act (other than in that part of the modified Compensation (Commonwealth Government Employees) Act that comprises the applied South Australian provisions) that are also used in the applied South Australian provisions have the same respective meanings as they have in the applied South Australian provisions; and
(c) in that part of the modified Compensation (Commonwealth Government Employees) Act that comprises the applied South Australian provisions-
(i) a reference to the Court shall be read as a reference to the Commissioner; and
(ii) a reference to a workman shall be read as a reference to a transferred South Australian employee.
(5) Where-
(a) claims for compensation in respect of an injury to a transferred South Australian employee that resulted in his death have been served on the Commissioner by or on behalf of 2 or more persons; and
(b) an election has been made under sub-section (1) in relation to at least one of those claims and no election has been so made in relation to at least one of those claims,
then-
(c) a claim in relation to which no election has been so made shall be determined under the Compensation (Commonwealth Government Employees) Act 1971 in its application to that claim as if-
(i) no election had been so made in relation to any of the claims referred to in paragraph (a); and
(ii) any person who is a dependant of the employee for the purposes of the Workmen's Compensation Act were a dependant of the employee for the purposes of that first-mentioned Act in its application to that claim;
(d) a claim in relation to which an election has been so made shall be determined under the Compensation (Commonwealth Government Employees) Act 1971 in its application to that claim as if-
(i) elections had been so made in relation to all the claims referred to in paragraph (a); and
(ii) any person who is a dependant of the employee for the purposes of the Compensation (Commonwealth Government Employees) Act 1971 in its application to a claim in relation to which no election has been made under sub-section (1) were a dependant of the employee for the purposes of that Act in its application to that claim; and
(e) the Commissioner shall make, under the Compensation (Commonwealth Government Employees) Act 1971 in its application to the claims referred to in paragraph (a), one determination in respect of all those claims.
(6) It is the intention of the Parliament that the modified Compensation (Commonwealth Government Employees) Act shall be applied, except where the contrary intention appears in that Act, in such a manner as to impose on the Commission the same liability, as nearly as practicable, to pay compensation in respect of an injury sustained, on or after 1 March 1978, by a transferred South Australian employee (being an injury in relation to which a claim is required to be determined under the modified Compensation (Commonwealth Government Employees) Act) as is imposed by the Workmen's Compensation Act on an employer to whom that Act applies in respect of a similar injury sustained in similar circumstances by a person who is, within the meaning of that Act, a workman employed by such an employer.
(7) The power to make regulations conferred by section 123 of the Compensation (Commonwealth Government Employees) Act 1971 extends, by virtue of this sub-section, to the making of regulations for the purposes of this section.
(8) In this section-
"applied South Australian provisions" means the provisions of Parts II, IV and VIII of, and the Second Schedule to, the Workmen's Compensation Act, and of any regulations and Proclamations in force from time to time for the purposes of those Parts and that Schedule, as modified by regulations made under the Compensation (Commonwealth Government Employees) Act 1971 for the purpose of enabling matters connected with the payment of compensation in relation to transferred South Australian employees in accordance with those provisions to be dealt with under Parts I, II, IV and V, Part VI (except section 98) and Parts VII and IX of the Compensation (Commonwealth Government Employees) Act 1971;
"Commissioner" means the Commissioner for Employees' Compensation under the Compensation (Commonwealth Government Employees) Act 1971;
"modified Compensation (Commonwealth Government Employees) Act" means the Compensation (Commonwealth Government Employees) Act 1971 modified by the substitution of the applied South Australian provisions for Part III of that Act and by the omission of section 98 of that Act;
"Workmen's Compensation Act" means the Workmen's Compensation Act 1971 of the State of South Australia as amended and in force from time to time.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 52C.
Application of certain provisions of Compensation (Commonwealth Government
Employees) Act 1971 to transferred employeesInserted by No. 9, 1978, s. 5
SECT
52C. (1) In the application of sub-section 45 (7) or 46 (3) of the Compensation (Commonwealth Government Employees) Act 1971 to and in relation to transferred South Australian employees and transferred Tasmanian employees, references to a superannuation or provident scheme established or maintained by the Commonwealth shall be read as including references to schemes for the payment of benefits contained in the Superannuation Act 1974 of the State of South Australia and the Superannuation Act 1938, the Retirement Benefits Act 1970, and the Public Servants' Retiring and Death Allowances Act 1925, of the State of Tasmania.
(2) In this section, a reference to an Act of a State shall be read as a reference to that Act as amended and in force from time to time.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 53.
Promotions Appeal BoardsSubstituted by No. 38, 1977, s. 12
SECT
53. (1) For the purposes of this Part, the Commission shall from time to time arrange for the establishment of such Promotions Appeal Boards as are required for the Railway Service.
(2) The Commission may appoint a person having the qualifications prescribed by the by-laws to be the Chairman of a Promotions Appeal Board.
(3) A Promotions Appeal Board shall be constituted, for the purposes of an appeal under section 53A, by a person holding an office of Chairman of a Promotions Appeal Board and such other members as are required under the by-laws.
(4) The members constituting a Promotions Appeal Board, other than the Chairman, shall be appointed in the manner prescribed by the by-laws.
(5) A Chairman of a Promotions Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations.
(6) A Chairman of a Promotions Appeal Board shall be paid such allowances as are prescribed by the regulations.
(7) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 53A.
Appeals against promotions or directions to actInserted by No. 38, 1977, s. 12
SECT
53A. (1) An employee who considers that-
(a) he should have been promoted to a vacant position in the Railway Service in preference to an employee promoted to that position; or
(b) he should have been directed temporarily to perform the duties of a position having a higher classification than the position held by him in preference to the employee directed temporarily to perform those duties,
may appeal against the promotion or direction, as the case may be.
(2) Sub-section (1) does not authorize an employee to appeal against a direction that another employee temporarily perform the duties of a position for a period that does not exceed 1 month.
(3) Upon an appeal or appeals being made against a promotion to a vacant position or against a direction temporarily to perform the duties of a position, a Promotions Appeal Board shall make a full inquiry into the claims of the appellant or appellants and into the claims of the employee promoted to the vacant position or of the employee directed temporarily to perform the duties of the position, as the case may be, and determine the appeal or appeals.
(4) The by-laws may make provision for and in relation to the grounds upon which, the manner in which, and the time within which, an appeal may be made under this section and for and in relation to the conduct of inquiries by Promotions Appeal Boards, including provision for a Promotions Appeal Board to act as a central Promotions Appeal Board to determine an appeal, in a case where all the parties to the appeal do not perform their duties in the same State or Territory, after examining reports made to it by 2 or more other Promotions Appeal Boards and making such further inquiries (if any) as it thinks necessary into the claims of all the parties to the appeal.
(5) Where an appeal is allowed, the Commission shall-
(a) in the case of an appeal against a promotion to a vacant position-cancel the promotion and promote the appellant to the vacant position; or
(b) in the case of an appeal against a direction temporarily to perform the duties of a position-cancel the direction and direct the appellant temporarily to perform the duties of that position.
(6) Where there are 2 or more appellants in respect of one promotion to a vacant position or one direction temporarily to perform the duties of a position, the Promotions Appeal Board determining the appeals shall, if it considers that 2 or more appellants have established the grounds of their appeals, allow the appeal of 1 only of those appellants, being the appellant whom it considers to have the best claim to promotion to the vacant position or to the direction temporarily to perform the duties of the position, as the case may be.
(7) Where, in respect of a promotion or a direction, an appeal has, or appeals have, been duly made but the appeal or each of the appeals has been disallowed or has become inoperative, the Commission shall confirm the promotion or the direction appealed against.
(8) For the purposes of this section, an appeal shall be taken to have become inoperative if-
(a) the appeal is withdrawn;
(b) the appellant ceases to be an employee; or
(c) the appellant ceases, by reason of the confirmation of his promotion to another position or for any other reason-
(i) in the case of an appeal against a promotion to a vacant position-to be eligible for promotion to that position; or
(ii) in the case of an appeal against a direction temporarily to perform the duties of a position-to be eligible to be directed temporarily to perform those duties.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 53B.
Disciplinary Appeal BoardsInserted by No. 38, 1977, s. 12
SECT
53B. (1) For the purposes of this Part, the Commission shall from time to time arrange for the establishment of such Disciplinary Appeal Boards as are required.
(2) The Commission may appoint a person having the qualifications prescribed by the by-laws to be a Chairman of a Disciplinary Appeal Board.
(3) A Disciplinary Appeal Board shall be constituted, for the purposes of an appeal under section 53C, by a person holding an office of Chairman of a Disciplinary Appeal Board and such other members as are required under the by-laws.
(4) The members constituting a Disciplinary Appeal Board, other than the Chairman, shall be appointed in the manner prescribed by the by-laws.
(5) A Chairman of a Disciplinary Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by the regulations.
(6) A Chairman of a Disciplinary Appeal Board shall be paid such allowances as are prescribed by the regulations.
(7) This section has effect subject to the Remuneration Tribunals Act 1973.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 53C.
Appeals against decisions made in cases of misconductInserted by No. 38, 1977, s. 12
SECT
53C. (1) Where a decision of a kind prescribed by the by-laws is made in relation to a charge of misconduct, including a charge, whether instituted before or after the commencement of this section, with respect to misconduct committed before the commencement of this section, the employee charged with the misconduct may appeal to a Disciplinary Appeal Board against that decision.
(2) On the hearing of an appeal under this section, a Disciplinary Appeal Board may take evidence on oath or affirmation.
(3) The by-laws may prescribe the grounds upon which, the manner in which, and the time within which, appeals may be made under this section and the manner in which the hearing of appeals so made shall be conducted.
(4) A Disciplinary Appeal Board shall hear each appeal submitted to it under sub-section (1) and may confirm or set aside the decision against which the appeal is made and, if it sets the decision aside, may substitute for that decision such other decision as the person who made the decision appealed against might have made.
(5) A Disciplinary Appeal Board shall give reasons, in writing, for its decision on an appeal.
(6) The Commission shall take such action as is necessary to give effect to a decision of a Disciplinary Appeal Board.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 53D.
Witnesses before Disciplinary Appeal BoardsInserted by No. 38, 1977, s. 12
SECT
53D. (1) The Chairman of a Disciplinary Appeal Board may-
(a) by writing under his hand, summon a person to attend before a Disciplinary Appeal Board at a time and place specified in the summons and then and there to give evidence and to produce such documents (if any) as are referred to in the summons;
(b) require a person appearing before a Disciplinary Appeal Board to give evidence either to take an oath or make an affirmation; and
(c) administer an oath or affirmation to a person appearing before a Disciplinary Appeal Board.
(2) Where it appears to a Disciplinary Appeal Board that it is undesirable to require the appellant or another person to attend before the Board to give evidence by reason that he is residing or performing duty outside Australia, or in a remote locality in Australia, or by reason of the expense, inconvenience or delay that would result if the person were required to appear before the Board, the Board may, by writing under the hand of the Chairman of the Board, appoint a member of the Board or another person to take the evidence of the appellant or of that other person.
(3) A witness summoned to attend or appearing before a Disciplinary Appeal Board has the same protection as a witness in proceedings in the High Court.
(4) A person summoned to attend, or appearing, as a witness before a Disciplinary Appeal Board shall not-
(a) refuse or fail to be sworn or to make an affirmation or to answer any question when required to do so by a member of the Board; or
(b) without reasonable excuse, refuse or fail to produce a document which he was required by the summons to produce.
Penalty: $40
(5) An employee who is summoned to attend as a witness before a Disciplinary Appeal Board shall not, without reasonable excuse-
(a) fail to attend before the Board; or
(b) fail, unless excused or released by the Chairman of the Board from continuing in attendance, to continue in attendance before the Board,
as required by the summons.
Penalty: $40
(6) A person other than an employee who is summoned to attend as a witness before a Disciplinary Appeal Board shall not, without reasonable excuse-
(a) fail, after payment or tender to him of a reasonable sum for his expenses of attendance, to attend before the Board; or
(b) fail, unless excused or released by the Chairman of the Board from continuing in attendance, to continue in attendance before the Board,
as required by the summons.
Penalty: $40
(7) The regulations may make provision for and in relation to the payment of expenses to witnesses summoned to attend, or appearing, before a Disciplinary Appeal Board.
SECT
PART V-CONSTRUCTION OF NEW RAILWAYS
Sub-section (1) amended by No. 26, 1975, s. 26
SECT
58. (1) The Commission shall, when so directed by the Minister, or as may be required for the purpose of supplying information to the Parliamentary Standing Committee on Public Works, have investigations, inspections, and preliminary surveys made of any proposed railway route.
Amended by No. 26, 1975, s. 26SECT
(2) The Commission shall supply to the Minister, if required, such plans, reports, estimates and information generally in respect of any proposed railway route as the Minister directs, or as will in the opinion of the Commission be of service to the Minister.
Amended by No. 26, 1975, s. 26SECT
(3) The expenditure incurred by the Commission in making investigations, inspections and surveys at the direction of the Minister shall not in any case exceed the sum authorized by the Minister for the purpose.
Amended by No. 26, 1975, s. 26SECT
(4) For the purpose of carrying out its duties under this section, the Commission may exercise any of the powers contained in this Part in relation to the construction of new railways.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 59.
Reports re proposed railways, &c., to be supplied by CommissionSub-section (1) amended by No. 26, 1975, s. 26
SECT
59. (1) Where there has been referred to the Parliamentary Standing Committee on Public Works any public work involving the construction of a railway, the Commission shall transmit to the Minister under its official seal the following information, namely:
(a) a plan of the railway and of the lands through which it is to pass;
(b) a book of reference in which shall be set forth the names of the owners of the said lands so far as can with reasonable diligence be ascertained, a description of the said lands showing the bearings of the railway and the nature and quality of cultivation, the state of the enclosures (if any) and the quantity of such land required for the purpose of the railway;
(c) the estimated cost of the railway (including station buildings, signalling, &c.) when completed;
(d) the additional rolling-stock (if any) likely to be required for working the railway, and an estimate of the cost thereof;
(e) the estimated working expenses of the railway, including traffic, locomotive, and maintenance charges;
(f) the probable revenue which would be derived from the traffic on the railway;
(g) any other special advantages which are likely to accrue to the Department generally from the construction of the railway; and
(h) a general statement of the primary and other industries, and the possibilities thereof, of the district served by the proposed railway.
(2) If the public work involves the construction of the railway along over or across any public reserve or road, the plans, sections and books of reference shall also contain particulars of the levels, and specify the several areas required to be taken for the purposes of the railway.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 60.
Commissioner's reports re proposed railways to be laid before ParliamentSECT
60. If the Minister moves that the House of Representatives declare that it is expedient to carry out the proposed work the information supplied to him in pursuance of the last preceding section shall at the same time be laid before the House of Representatives.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 61.
Construction of railways not authorized except by Act of ParliamentSub-section (1) amended by No. 216, 1973, s. 3
SECT
61. (1) Notwithstanding anything contained in the Public Works Committee Act 1969-1973 the construction of a railway shall not be authorized by the Parliament except in pursuance of an Act of the Parliament the Bill for which was introduced into the House of Representatives by or on behalf of the Minister.
(2) Any such Bill shall contain provisions relating to the following matters:
(a) A detailed description of the route of the proposed railway;
(b) the limit of deviation; and
(c) the maximum cost of the proposed railway.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 62.
Construction of authorized railwaysAmended by No. 26, 1975, s. 26
SECT
62. When the Parliament has by Act authorized the construction of any railway, the Minister may give such orders and directions for the due carrying out and execution of the works, and for the effective control and direction of the Commission and officers and employees of the Commission in carrying out and executing them, as he thinks fit, and the Commission shall have and may exercise all the powers of this Act with respect to the railway and works so authorized.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 63.
Acquisition of lands for purposes of railwaySub-section (1) amended by No. 26, 1975, s. 26
SECT
63. (1) Subject to this Act any private lands, or, with the consent of the Minister, any lands being Crown lands of a State, roads or lands which have been dedicated, reserved, or set apart for any public or other purpose whether by any State or by any private person, may be acquired by the Commission for the purposes of a railway.
Amended by No. 87, 1936, s. 8; No. 69, 1955, s. 67SECT
(2) The provisions of the Lands Acquisition Act 1955 shall apply, with such modifications and adaptations as are prescribed, in relation to lands acquired or to be acquired, in pursuance of the last preceding sub-section, for the purposes of a railway.
Inserted by No. 87, 1936, s. 8; amended by No. 216, 1973, s. 3; No. 26, 1975, s. 26; No. 38, 1980, s. 6SECT
(2A) Any lands reserved for the purposes of a railway by any law of the Commonwealth or a Territory may, subject to any law of the Commonwealth or the Territory governing the disposal of those lands, be acquired by the Commission for the purposes of or in connexion with a railway.
Amended by No. 69, 1955, s. 67; No. 26, 1975, s. 26SECT
(3) Nothing in this section shall be deemed to empower the Commission, without the authority of the Parliament, to acquire land referred to in sub-section (2) of section six of the Lands Acquisition Act 1955.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 64.
Powers in relation to reserves or public roadsSub-section (1) amended by No. 26, 1975, s. 26
SECT
64. (1) Notwithstanding any law to the contrary-
(a) the Commission may with the approval of the Governor-General cause a railway to be constructed along, over and across any public reserve;
(b) the Commission may cause a railway to be constructed and maintained along, over and across any public road; and
(c) the Commission may construct and maintain any necessary structures in connexion with any railway constructed along, over and across any public reserve or road.
Amended by No. 26, 1975, s. 26SECT
(2) No person shall be entitled to claim compensation for or upon account of any land being acquired or used in or from any such public reserve or road for any of the purposes of this Act, nor for any damage or inconvenience arising to him or it by reason thereof; but the Commission may, with the approval of the Governor-General, or as directed by the Governor-General, make such compensation in respect of any such land as is deemed expedient.
Amended by No. 26, 1975, s. 26SECT
(3) The Commission shall have full powers of ingress and egress over all such lands occupied for the purposes of the railway.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 65.
General powers of CommissionSub-section (1) amended by No. 26, 1975, s. 26
SECT
65. (1) The Commission and all persons authorized by it, either generally or specially, may do all other acts considered necessary for constructing, maintaining, altering, repairing, working and using any railway, and without limiting the generality of this power may exercise all or any of the undermentioned powers and authorities, namely:
(a) enter upon the land of any person and survey and take levels of the land, and ascertain and mark or set out and take and appropriate such parts thereof as are proper for the construction, maintenance, alteration, repair, working, and using of any railway;
(b) in or upon or from any land, bore, dig, embank, and remove, or lay, take, convey, and use any material or thing;
(c) in, upon, across, under, or over any land, road, river, stream, or other water or water-course, make and construct any railway and such temporary or permanent inclined planes, tunnels, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, cuttings, fences, and other works of whatsoever kind as are considered necessary; and erect and construct such houses, warehouses, offices, and other buildings, yards, stations, wharves, engines, machinery, apparatus and other works and conveniences of whatsoever kind as are considered necessary;
(d) across any river, stream, or other water or water-course, at any place adjacent to the railway, construct any bridge or culvert for any purpose of traffic to or from the railway:
Provided that in any such case the bridge or culvert shall be vested in the Commission, and the cost of its construction shall be included in the cost of construction of the railway, and the cost of its maintenance shall be defrayed out of the earnings of the railway;
(e) divert or alter temporarily or permanently the course, and raise or lower the level of any non-navigable river, stream or water-course, or any road; and cause any road or any part thereof to be closed or lessened in width;
(f) notwithstanding any other law to the contrary, and without payment of any compensation, take from any river, stream, or other water or water-course, or any subterranean water, any water required, and also break the surface of any road for the purpose of laying down any drains, conduits, or pipes; and
(g) fell and remove any trees on any land within the distance of 50 metres from either side of the railway.
Amended by No. 26, 1975, s. 26SECT
(2) In the exercise of the powers granted by this Act, the Commission and all other persons shall do as little damage as may be, and, save as by this Act is otherwise provided, compensation shall be made, in the prescribed manner to all persons interested in any land taken, used, injured, or prejudicially affected for all damage sustained by them by reason of the exercise of such powers.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 66.
Closing of roadsSub-section (1) amended by No. 26, 1975, s. 26
SECT
66. (1) Whenever the Commission deems it necessary that any road or part thereof shall be closed, it shall deposit in the office of the local authority having jurisdiction over the road a map and description of the road, or part thereof, proposed to be closed, and shall notify in the Gazette that the map and description are there open for inspection, and that any person interested may make an objection to the closure by forwarding to the Commission within thirty days after the publication a notice of objection.
Amended by No. 26, 1975, s. 26SECT
(2) All such objections shall be duly considered by the Commission, and it may cause an inquiry to be held into the matter of any objection.
Amended by No. 26, 1975, s. 26SECT
(3) Before any such closure is authorized the Commission shall report to the Minister on the proposed closure, and any objections thereto, and the objectors shall be heard by the Minister if they so desire.
Amended by No. 216, 1973, s. 3SECT
(4) Thereupon the Governor-General may, by Order, close the road or part thereof.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 67.
Provision where railway constructed over roadSECT
67. Whenever a railway is constructed over and above any road (whether an existing road or a road substituted therefor pursuant to this Act), the part of the road under the railway bridge or other structure exclusive of such piers or walls or other railway works shall be under the control of the local authority and maintainable by it.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 68.
Maintenance of railways on roadsSub-section (1) amended by No. 26, 1975, s. 26; No. 38, 1977, s. 16
SECT
68. (1) The Commission shall maintain in good order and repair the railway on any road over or along which it passes, and, if within a city or town, the surface of the roadway between the rails, and for the space of 50 centimetres outside each rail.
(2) The character of the maintenance shall be in keeping with the road on which the railway has been constructed.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 68A.
InterpretationSECT
PART VA-CLOSING OF RAILWAYS
Part VA inserted by No. 99, 1956, s. 4 Inserted by No. 99, 1956, s. 4
SECT
68A. In this Part, "railway " includes a part of a railway.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 68B.
Closing of railway may be directedInserted by No. 99, 1956, s. 4
SECT
68B. (1) The Governor-General may, if he is satisfied that a railway is no longer required, authorize the closing of that railway.
Amended by No. 26, 1975, s. 26SECT
(2) Notice of an authorization under the last preceding sub-section shall be published in the Gazette and the Commission may close the railway accordingly.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 68C.
Powers and obligations of CommissionInserted by No. 99, 1956, s. 4 Sub-section (1) amended by No. 26, 1975, s. 26
SECT
68C. (1) Where, by virtue of the last preceding section, the Commission is authorized to close a railway, the Commission may do all such things as it considers necessary in relation to the closing of the railway and, in particular-
(a) may cause the railway to be taken up, dismantled or removed; and
(b) may sell or otherwise dispose of all or any of the property (including land) vested in it as part of, or for the purposes of, the railway.
Amended by No. 26, 1975, s. 26SECT
(2) Where a railway that passes over and above, or over or along, a road is closed under this Part, the Commission shall, until the railway is taken up, dismantled or removed, continue to maintain-
(a) the piers, walls or other railway works under a railway bridge or other structure that carries the railway over and above the road; or
(b) the surface of the roadway of the road,
as the case may be, as though the railway had not been closed.
Amended by No. 26, 1975, s. 26SECT
(3) Where a railway that passes over and above a road is closed under this Part, the Commission shall, unless the local authority that has the control of the road becomes responsible for the maintenance of the bridge or other structure that carried the railway over and above the road-
(a) remove the bridge or other structure, including the piers, walls or other railway works and make any remaining embankments safe; or
(b) remove the bridge or other structure other than the piers and walls and make the piers and walls safe.
Amended by No. 26, 1975, s. 26SECT
(4) Where the surface of a roadway is damaged by reason of the taking up or removal of a railway which is closed under this Part, the Commission shall restore the surface of the roadway.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 69.
Fraudulent travellingSECT
PART VI-PENALTIES AND PROCEDURE
Sub-section (1) amended by No. 93, 1966, s. 3
SECT
69. (1) Whosoever-
(a) travels in or on any carriage employed on any railway without having previously paid his fare, and with intent to avoid payment thereof; or
(b) having paid his fare for a certain distance, knowingly and wilfully proceeds in any such carriage beyond that distance, without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof; or
(c) knowingly and wilfully refuses or neglects, on arriving at the point to which he has paid his fare, to quit that carriage; or
(d) knowingly and wilfully travels or attempts to travel in any carriage, of a superior class to that which his ticket entitles him to use, with intent to avoid payment of the additional fare,
shall be guilty of an offence.
Penalty: Twenty dollars.
Amended by No. 216, 1973, s. 3; No. 26, 1975, s. 26; No. 155, 1979, s. 3; No. 70, 1980, s. 3SECT
(2) If any person is discovered either in the act of or after committing or attempting to commit any such offence, any employee of the Commission or any member or special member of the Australian Federal Police or member of the Police Force of a State or Territory may lawfully apprehend and detain him until he can conveniently be taken before some justice, or until he is otherwise discharged in due course of law.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 70.
Carriage of goods of dangerous natureAmended by No. 93, 1966, s. 3; No. 26, 1975, ss. 23 and 26
SECT
70. No person shall send by, or offer for conveyance on, any railway or vehicle of the Commission, any goods whatever which in the judgment of the Commission or its officers are of a dangerous nature, without, at the time of so sending or offering them, marking distinctly on the outside of the package the nature of the goods, or otherwise at the time of sending or offering the goods giving notice in writing to the employee to whom the goods are delivered.
Penalty: One hundred dollars.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 71.
Persons employed on railways guilty of misconductSub-section (1) amended by No. 93, 1966, s. 3
SECT
71. (1) If any person employed upon the railways or in repairing and maintaining the works of the railways-
(a) is found drunk whilst so employed upon the railways; or
(b) wilfully, maliciously, or negligently does any act, or is guilty of any omission of duty, whereby the life or limb of any person passing along or being upon such railway, or the works thereof, respectively, is or might be injured or endangered, or whereby the passage of any engine, carriage, or trains is or might be obstructed or impeded,
he shall be guilty of an offence.
Penalty: Two hundred dollars or imprisonment for six months.
Amended by No. 216, 1973, s. 3; No. 26, 1975, s. 26; No. 155, 1979, s. 3; No. 70, 1980, s. 3SECT
(2) Any employee or agent of the Commission, a member or special member of the Australian Federal Police, a member of the Police Force of a State or Territory or any person called to the assistance of any of those persons may seize and detain the offender and convey him with all convenient despatch before any police, stipendiary or special magistrate without any other warrant or authority than this Act, to be dealt with according to law.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 72.
Recovery of rates or chargesAmended by No. 26, 1975, s. 26
SECT
72. If on demand any person fails to pay the rates or charges due to the Commission in respect of any service rendered by the Commission, the Commission-
(a) may detain and sell all or any of the goods of the person which are in his possession, and out of the moneys arising from the sale retain the rates or charges payable as aforesaid, and all charges and expenses of the detention, and shall render the surplus, if any, of the moneys arising by the sale and such of the goods as remain unsold, to the person entitled thereto; or
(b) may recover the rates and charges in any court of competent jurisdiction.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 73.
Other obstructionsAmended by No. 93, 1966, s. 3
SECT
73. No person shall-
(a) throw any gravel, stones, or rubbish, or any matter or thing upon any part of a railway; or
(b) drive or permit to wander, stray, or be driven upon any such railway, or the approaches thereto, any horse, ass, sheep, swine, or other beasts or cattle of any kind; or
(c) do any other act, matter, or thing to obstruct the free passage of any such railway, or any part thereof.
Penalty: One hundred dollars.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 73A.
Trespassing on railwayInserted by No. 87, 1936, s. 9; amended by No. 93, 1966, s. 3
SECT
73A. A person shall not, without lawful excuse (proof whereof shall be upon him), trespass or go upon any railway.
Penalty: Twenty dollars.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 74.
Penalty for unauthorized sale or alteration of ticketsAmended by No. 93, 1966, s. 3; No. 26, 1975, s. 26
SECT
74. Unless authorized by the Commission so to do (proof whereof shall lie upon the person charged), no person shall-
(a) sell or exchange or transfer or offer to sell or exchange or transfer the whole or any part of any ticket entitling or purporting to entitle the holder to travel on any part of the railway; or
(b) place, erase, omit, or alter any printed, written, engraved or stamped word, letter, mark or figure on or from a ticket or free pass.
Penalty: For a first offence, Forty dollars; and for a second or subsequent offence, Two hundred dollars or imprisonment for six months, or both.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 75.
Damage to be made good in addition to penaltyAmended by No. 26, 1975, s. 26
SECT
75. If any person inflicts, through any act, neglect, or default whereby he has incurred any penalty imposed by this Act, any damage upon any railway or other property vested in the Commission, he shall be liable to pay such damage in addition to such penalty, and the amount of such damage shall be determined by the magistrate.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 76.
Arrest of offendersSub-section (1) amended by No. 87, 1936, s. 10
SECT
76. (1) Any employee or agent and any person called by him to his assistance may seize and detain any person who has committed any offence against the provisions of this Act, and whose name and residence are unknown to the employee or agent, and may, without any warrant or other authority than this Act, convey him with all convenient despatch before a court of summary jurisdiction.
Amended by No. 87, 1936, s. 10SECT
(2) The court may proceed with all convenient despatch to the hearing and determining of the complaint against such offender.
Added by No. 87, 1936, s. 10SECT
(3) Notwithstanding anything contained in any other Act, any justice or justices of the peace of a State sitting at any place as a court for the summary punishment of offences under the law of the State shall, at that place, have jurisdiction to hear and determine the complaint against an offender who is seized and detained under this section, and who cannot be conveyed before a police, stipendiary or special magistrate within seventy-two hours after he is brought to that place for the purpose of the hearing and determination of the complaint, or if he is seized at that place, within seventy-two hours after he is seized.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 77.
Publication of penaltiesAmended by No. 26, 1975, s. 26
SECT
77. The Commission shall publish the short particulars of the several offences for which any penalty is imposed by this Act, or by any by-laws of the Commission, affecting other persons than employees, and of the amount of every such penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall cause such board to be hung up or affixed in some conspicuous part of the office of the Commission.
Sections 78 and 79 repealed by No. 27, 1968, ss. 4 and 5
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 80.
Medical examination of persons injured in accidentSECT
PART VII-MISCELLANEOUS
Sub-section (1) amended by No. 26, 1975, s. 26
SECT
80. (1) Upon the occurrence of any accident upon the railways, the Commission may require any person who in the opinion of the Commission may have been injured in the accident to be examined at the cost of the Commission by one or more duly qualified medical practitioners nominated by the Commission and, unless the examination would thereby be delayed for a period of at least twenty-four hours, the person may require that the examination shall take place in the presence of a medical practitioner to be nominated and paid by the person.
Amended by No. 26, 1975, s. 26SECT
(2) If any person refuses or fails to undergo examination in accordance with the provisions of the last preceding sub-section, no damages or compensation shall be recoverable against the Commission in respect of personal injury to that person arising out of the accident unless he satisfies the court in which the action is brought that-
(a) his refusal or failure to undergo examination was reasonable in the circumstances; and
(b) the Commission is not prejudiced in his defence by the refusal or failure of the person to undergo examination.
Section 81 repealed by No. 27, 1968, s. 6
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 82.
Commission not liable for loss or injury in certain casesAmended by No. 26, 1975, s. 26
SECT
82. The Commission shall be under no liability-
(a) for loss or damage to goods which are left at or consigned to any station, siding, or stopping-place marked in the time tables or rate books as stations, sidings, or stopping-places at which no employee is in charge, or for any personal injury to any person at any such station, siding, or stopping-place; or
(b) to provide platform accommodation at any station, siding, or stopping-place; or
(c) for personal injury to any passenger who enters or alights from, or attempts to enter or alight from, a carriage when such carriage is not drawn up to the platform when such accommodation is provided.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 83.
Reports of accidents to be supplied to MinisterAmended by No. 26, 1975, s. 26
SECT
83. The Commission shall as soon as practicable forward to the Minister a report in writing of any accident occurring upon the railways, other than an accident of a minor nature.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 84.
Inquiry into accidentsSECT
84. (1) In the event of an accident occurring on the railways which involves loss of life, the Minister may direct that an inquiry be instituted into the circumstances of the accident and may for that purpose appoint a Board of Inquiry.
(2) The Chairman of the Board shall be a person holding judicial office and the Minister may appoint such other persons as he thinks fit.
Amended by No. 26, 1975, s. 26SECT
(3) The Commission and its employees shall render full assistance to the Board.
(4) For the purpose of the inquiry, the Board shall have and may exercise all the powers and functions of a Royal Commission under the Royal Commissions Act 1902-1912, and the Chairman of the Board shall have all the powers conferred by that Act on the Chairman of a Royal Commission.
Section 85 repealed by No. 216, 1973, s. 3
* * * * * * * *
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 86.
Reimbursement of Commission for passes issued by Minister and special
services
orderedSub-section (1) amended by No. 26, 1975, s. 26
SECT
86. (1) The Commission shall be entitled to reimbursement by the Treasury of the value of any pass over the railway issued by the Minister and the value of any special services ordered in connexion with the railways by the Parliament or by the Minister.
Amended by No. 26, 1975, s. 26SECT
(2) The value in all such cases shall be determined by the Commission:
Provided that the sum so determined in respect of any pass or service shall not exceed the charge ordinarily made by the Commission for a similar service.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 87.
Railways need not be fencedAmended by No. 26, 1975, s. 26
SECT
87. The Commission shall not, unless the Minister so directs, be required to fence any portion of the railways, but it may erect and maintain such fences in connexion therewith as it thinks proper.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 87A.
Rights of public servantsInserted by No. 26, 1975, s. 24
SECT
87A. Where the Chairman or an officer or employee of the Commission was, immediately before his apointment or engagement, an officer of the Australian Public Service or a person to whom the Officers' Rights Declaration Act 1928-1973 applied-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Australian Public Service; and
(c) that Act applies as if this Act and this section had been specified in the Schedule to that Act.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 87B.
RegulationsInserted by No. 26, 1975, s. 24; amended by No. 38, 1977, s. 17
SECT
87B. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed by the regulations or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SECT. 88.
By-lawsSECT
PART VIII-BY-LAWS
Sub-section (1) amended by No. 87, 1936, s. 12; No. 93, 1966, s. 3; No. 216, 1973, s. 3; No. 26, 1975, ss. 25 and 26; No. 38, 1977, s. 18
SECT
88. (1) The Commission may make by-laws, not inconsistent with this Act or with the regulations, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for the carrying out or giving effect to this Act, and in particular for the following:
* * * * * * * *
SECT
(b) the working of the railways, and the conditions governing the performance of any service which the Commission may under this Act carry out or authorize;
(c) the protection and preservation of the railways and of other property of the Commission, and the protection and preservation of property in the custody of the Commission;
(d) the maintenance of order on the railways;
(e) the disposal of unclaimed goods;
(f) the issue of free passes;
(g) the prohibition of any interference with the railways or any other property of the Commission or of any interference with or obstruction of any employee;
(h) the limitation of the liability of, and the conditions governing the making of claims upon, the Commission in respect of any damage to or loss of any goods;
(i) the conditions under which any vessel may be permitted to use any wharf;
(j) the conditions of-
(i) the construction, for and at the expense of any person, of any private siding; and
(ii) the connexion of any private siding with, and the maintenance and working of any private siding connected with, the railways; and
(k) the provision of penalties not exceeding One hundred dollars or imprisonment for any period not exceeding fourteen days for the breach of any by-law.
Inserted by No. 38, 1977, s. 18SECT
(1A) The by-laws may prescribe any of the matters referred to in sub-section (1) by applying, adopting or incorporating, subject to such modifications or adaptions (if any) as are prescribed by the by-laws, the provisions of any Act of the State of South Australia or of the State of Tasmania that relates to the Railways in that State or of any regulations, rules or by-laws made under such an Act.
(2) No by-law shall have any force or effect until it has been-
(a) approved by the Governor-General; and
(b) published in the Gazette.
(3) By-laws shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1916.
Substituted by No. 38, 1978, s. 18SECT
(4) Sections 48 and 49 of the Acts Interpretation Act 1901 apply to by-laws in like manner as they apply to regulations.
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AUSTRALIAN NATIONAL RAILWAYS ACT 1917 - SCHEDULE SCH
THE SCHEDULE
Section 3
------------------------------------------------------------------------------ --
Number Extent
and year Short title of repeal
------------------------------------------------------------------------------ --
No. 7, 1911 Kalgoorlie to Port Augusta Railway Act 1911 Sections 6 to
17 (inclusive) No. 21, 1913 Pine Creek to Katherine River Railway Act
1913 Sections 6 to
16
(inclusive).
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0
0
0