Australian National Railways Commission Act 1983 (Cth)
This compilation was prepared on 14 July 2005
taking into account amendments up to Act No. 100 of 2005
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Australian National Railways Commission Act 1983 .
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
annual report means an annual report on the Commission under section 9 of theCommonwealth Authorities and Companies Act 1997 .borrowing , in relation to the Commission, includes raising money or credit, whether by dealing in securities or otherwise, but does not include raising credit in a transaction forming part of the day to day operations of the Commission.
Chair means the Chair of the Commission.
Commission means the Australian National Railways Commission.
Commissioner includes the Chair, the Deputy Chair and the Managing Director.
corporate plan means a corporate plan for the Commission under section 17 of theCommonwealth Authorities and Companies Act 1997 .
currency contract means:
(a) a forward exchange rate contract; or
(b) a contract with respect to currency futures.
Deputy Chair means the Deputy Chair of the Commission.
employee , in relation to the Commission, means any person appointed as an officer, or engaged as an employee, of the Commission.
futures contract means:
(a) a deferred delivery contract; or
(b) a contract with respect to financial futures; or
(c) a contract with respect to commodity futures.
goods includes movable personal property of any kind.
long service leave includes long leave, furlough, extended leave or any other leave in the nature of long service leave (however described).
Managing Director means the Managing Director of the Commission.
National Rail Corporation means the company incorporated under the Corporations Law in the Australian Capital Territory as the National Rail Corporation Limited.
National Rail Corporation Agreement means the agreement approved by section 5 of theNational Rail Corporation Agreement Act 1992 .
transferred South Australian employee means a person who was, in pursuance of section 13 of theRailways Agreement ( South Australia ) Act 1975 , appointed as an officer, or engaged as an employee, of the Commission.
transferred Tasmanian employee means a person who was, in pursuance of section 11 of theRailways (Tasmania) Act 1975 , appointed as an officer, or engaged as an employee, of the Commission.
(3) Where under a provision of this Act the Commission is, for any purpose, empowered to enter on, and inspect, occupy or do any other act or thing on, over or under, land, the provision shall be read as also empowering an employee of the Commission, a person acting for or on behalf of the Commission under a contract and an employee of such a person to enter on, and inspect, occupy or do that act or thing on, over or under, the land for that purpose.
(4) A reference in this Act to the carriage of passengers and goods between prescribed places is a reference to the carriage of passengers and goods between:
(a) a place in a State and a place in another State;
(b) a place in a State and a place in a Territory; or
(c) a place in a Territory and a place in the same or another Territory.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
(3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
(1) The Australian National Railways Commission, being the Commission established under the
Australian National Railways Act 1917 , is continued in existence.(2) The Commission:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) may sue and be sued in its corporate name.
Note: The
Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.
The functions of the Commission are:
(a) to provide railway services for the carriage of passengers and goods:
(i) over railways acquired from the States in accordance with paragraph 51(xxxiii) of the Constitution;
(ii) over railways constructed or extended in the States in accordance with paragraph 51(xxxiv) of the Constitution; and
(iii) between prescribed places;
(b) to provide such other services as the Commission is authorized by this Act to provide;
(c) to provide technical, engineering and other services to the Commonwealth and authorities of the Commonwealth;
(d) to provide, at the request of the Commonwealth Government or with the approval of the Minister, technical, engineering and other services outside Australia;
(e) to do anything incidental or conducive to the performance of the functions referred to in any of the preceding paragraphs; and
(f) to provide, in Australia, to persons other than the Commonwealth and authorities of the Commonwealth such technical, engineering and other services as can conveniently be provided by the use of the resources of the Commission that are not immediately required by the Commission for the performance of the functions referred to in the preceding paragraphs; and
(g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to.
Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.
(1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions or of its duties and, in particular, has power:
(a) to enter into contracts;
(b) to acquire, hold and dispose of real and personal property;
(c) to occupy, use and control any land or building owned or held under lease by the Commonwealth or a State or Territory and made available to the Commission;
(d) to construct railways;
(e) to erect buildings and structures and carry out works;
(f) to manufacture plant, machinery, equipment and goods;
(g) to hire out plant, machinery, equipment and goods that are not immediately required by the Commission for the performance of its functions or of its duties;
(h) to provide transport, accommodation, provisions and facilities for employees of the Commission and their families;
(j) to appoint agents and attorneys and to act as an agent for other persons;
(k) to engage consultants; and
(m) to do anything incidental to any of its powers.
(2) The powers of the Commission may be exercised both within and outside Australia.
(3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).
(1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers.
(2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may:
(a) require the Commission to:
(i) cease to perform a specified function; or
(ii) cease to exercise a specified power; or
(b) impose restrictions or conditions on:
(i) the performance by the Commission of a specified function; or
(ii) the exercise by the Commission of a specified power.
Note: For specification by class, see section 46 of the
Acts Interpretation Act 1901 .(3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister.
(4) Subsections (2) and (3) do not, by implication, limit subsection (1).
(5) The Commission must comply with a direction under subsection (1).
(6) A copy of a direction under subsection (1) is to be published in the
Gazette within 14 days after the giving of the direction.
(1) The Commission must ensure that it, and its officers and employees:
(a) take all reasonable action that will facilitate; and
(b) refrain from taking any action that will impede;
the transfer to the National Rail Corporation of functions, and the transfer or leasing of, or the granting of access to, assets, in accordance with the National Rail Corporation Agreement.
(2) If the Minister is satisfied that the Commission has failed to comply with its obligations under subsection (1), the Minister may, in writing, request the Commission to take or refrain from taking specified action within a specified period and the Commission must comply with the request.
(1) The Commission shall not, without the approval of the Minister:
(a) participate in the formation of a company;
(b) subscribe for, or otherwise acquire, shares in a company;
(c) enter into a partnership; or
(d) enter into an arrangement for the sharing of receipts or profits.
(2) An approval under subsection (1) shall be given by instrument in writing.
(1) The Commission may (as incidental or supplementary to, or in association with, the provision of railway services) provide services for the carriage of passengers and goods, otherwise than by rail, between:
(a) prescribed places;
(b) to the extent necessary to carry out an arrangement under section 10—a place in a State and another place in that State; or
(c) to the extent provided by subsection (2)—a place in a State and another place in that State.
(2) The powers of the Commission by virtue of paragraph (1)(c) may be exercised only in so far as the exercise of those powers is incidental to the exercise of another power, or other powers, of the Commission.
The Commission may make and carry out an arrangement with any person:
(a) for the carriage of passengers and goods between:
(i) prescribed places; or
(ii) a place in Australia and a place outside Australia; and
(b) under which the passengers and goods are to be carried partly by the Commission (whether by rail or otherwise) and partly by the other person.
(1) It is the intention of the Parliament that, subject to subsection (2), the Commission shall have and perform and may exercise, in addition to the functions and powers conferred on it by this Act, functions and powers conferred on it specifically by a law of a State or Territory, being functions and powers relating to land transport in the State or Territory.
(2) The regulations may provide that subsection (1) does not extend to all or any of the functions or powers expressed to be conferred on the Commission by a law of a State or Territory.
The Commission, by arrangement with another person, may:
(a) subject to section 14, connect a railway operated by the Commission with a railway operated by the person;
(b) permit a railway operated by the person to be connected with a railway operated by the Commission;
(c) run its locomotives and other rolling stock over a railway operated by the person; or
(d) permit locomotives and other rolling stock of the person to run over a railway operated by the Commission.
(1) Without limiting the generality of subsection 6(1), the Commission may:
(a) sell and supply travellers’ requisites on passenger trains; and
(b) sell and supply travellers’ requisites, on premises set aside under subsection (2), to persons travelling on services operated by the Commission and to other persons.
(2) The Commission may set aside premises owned or occupied by it for the sale and supply of travellers’ requisites to persons travelling on services operated by the Commission and to other persons.
(3) Where the Commission leases to a person premises set aside under subsection (2), the Commission may, in writing, grant to the person an authority, for such term, and subject to such conditions, as are specified in the authority, to sell and supply, on the premises, travellers’ requisites to persons travelling on services operated by the Commission and to other persons.
(4) The Commission shall:
(a) in selling and supplying travellers’ requisites on premises set aside under subsection (2), ensure; and
(b) specify in each authority granted under subsection (3), in relation to premises set aside under subsection (2), conditions for the purpose of ensuring;
that, as far as is reasonably practicable, goods are not sold or supplied on the premises 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, but for this section, be applicable, under the law of the State or Territory in which the premises are situated, in relation to the sale or supply of those goods.
(5) The Commission may exercise its powers under this section, the employees of the Commission may act in accordance with the powers of the Commission under this section and a person who holds an authority under subsection (3), and the servants and agents of such a person, may, subject to the conditions to which the authority is subject, act in accordance with the authority, without obtaining or having any other authority, licence, permit or registration.
(6) Notwithstanding any law of a State or Territory to the contrary:
(a) the Commission, and its employees, may permit the consumption, on passenger trains and on premises set aside under subsection (2), of meals and refreshments;
(b) a person who holds an authority under subsection (3), and his servants and agents, may permit the consumption, on the premises to which the authority relates, of meals and refreshments; and
(c) a person may, on a passenger train or on premises set aside under subsection (2), obtain and consume meals and refreshments sold or supplied in accordance with this section.
(7) Except as expressly provided in this section, this section does not exempt a person from compliance with the law of a State or Territory.
(8) In this section:
passenger train means a train operated by the Commission that is carrying, or waiting to carry, passengers.
refreshments includes alcoholic beverages.
travellers’ requisites means:
(a) meals;
(b) refreshments;
(c) tobacco, cigars, cigarettes, pipes and other smokers’ requisites; and
(d) other goods required, or likely to be required, by persons while travelling on services operated by the Commission.
(1) Without limiting the generality of subsection 6(1), the Commission may, in accordance with by‑laws in force under paragraph 79(1)(ca), provide entertainment (including gambling facilities) or other services (not being services provided under section 13) specified in the by‑laws:
(a) on passenger trains; or
(b) on premises owned or occupied by the Commission.
(2) Entertainment or other services provided by the Commission as mentioned in subsection (1) shall be provided only for persons travelling on services operated by the Commission.
(3) Notwithstanding any law of a State or Territory to the contrary:
(a) the Commission, and its employees, may permit persons to make use of entertainment or other services provided by the Commission in accordance with by‑laws in force under paragraph 79(1)(ca); and
(b) a person may, in accordance with those by‑laws, make use of entertainment or other services so provided.
(4) In this section:
(a) a reference to the Commission, or to its employees, includes a reference to a person acting with the authority of the Commission or to the employees of such a person, as the case may be; and
(b)
passenger train has the same meaning as in section 13.
(1) The Commission shall not construct a railway in Australia that is more than 25 kilometres in length unless the Parliament has, by an Act, authorized the construction of the railway by the Commission.
(2) A Bill to authorize the construction of a railway by the Commission shall contain provisions relating to the following matters:
(a) a detailed description of the route of the proposed railway;
(b) the limit of deviation;
(c) the estimated cost of the construction of the proposed railway.
(3) Notwithstanding any law of the Commonwealth (other than this Act) or any law of a State or Territory to the contrary:
(a) the Commission may, with the approval of the Governor‑General, construct a railway on, over or under land that, under the law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or otherwise for the purposes of public recreation; and
(b) the Commission may construct a railway on, over or under any road.
(4) The power under subsection (3) to construct a railway on, over or under land or a road, includes the power:
(a) to erect on, over or under the land or road, as the case may be, buildings or other structures for use in connection with the railway; and
(b) to install equipment on, over or under the land or road, as the case may be, for use in connection with the railway.
(5) The Commission shall not exercise its powers under subsection (3) in relation to land or a road unless it has given reasonable notice, in writing, of its intention to do so to the authority having care and management of the land or road, as the case may be.
(1) The Commission may:
(a) for the purpose of ascertaining the suitability of any land (including land owned or occupied by the Commonwealth or a State or Territory) for the purposes of the Commission:
(i) enter on, and inspect, the land; and
(ii) on land so entered, do any act or thing necessary or convenient for that purpose, including, without limiting the generality of the foregoing, making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil; and
(b) for the purpose of surveying or obtaining information in relation to any land that, in the opinion of the Commission, is or may be suitable for the purposes of the Commission:
(i) enter on adjacent land (including land owned or occupied by the Commonwealth or a State or Territory); and
(ii) on land so entered, do any act or thing necessary or convenient for that purpose, including, without limiting the generality of the foregoing, making surveys and taking levels.
(2) The Commission shall, before exercising its powers under subsection (1) in relation to any land, give reasonable notice, in writing, of its intention to do so to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner of the land—the occupier of the land.
(3) A notice under subsection (2) in relation to land shall specify the purpose for which the Commission intends to exercise its powers under subsection (1) in relation to the land.
(1) The Commission may, for purposes connected with the construction, maintenance, alteration or repair of a railway:
(a) enter on, and occupy, any land (including land owned or occupied by the Commonwealth or a State or Territory); and
(b) on, over or under land so entered or occupied, do any act or thing necessary or convenient for those purposes, including, without limiting the generality of the foregoing:
(i) diverting or altering, temporarily or permanently, the course of any watercourse;
(ii) raising or lowering, temporarily or permanently, the level of any watercourse or other body of water;
(iii) placing any plant, machinery, equipment or goods;
(iv) taking or depositing sand, clay, stone, earth, gravel, timber, wood or other materials or things;
(v) felling or lopping trees and clearing or removing other vegetation or undergrowth;
(vi) making cuttings, embankments, excavations or tunnels;
(vii) manufacturing or working materials, goods or things;
(viii) erecting temporary workshops, sheds or other buildings;
(ix) constructing roads or bridges;
(x) temporarily closing, diverting or narrowing any road;
(xi) breaking the surface of any road for the purpose of laying down railway tracks, drains, pipes, cables, wires and other things;
(xii) altering the position of any main, pipe, cable or wire;
(xiii) taking water from any watercourse or other body of water; and
(xiv) demolishing, destroying or removing any plant, machinery, equipment, goods, workshop, shed or building placed or erected on the land in pursuance of this subsection.
(2) The Commission shall, before exercising its powers under subsection (1) in relation to any land, give reasonable notice, in writing, of its intention to do so to:
(a) the owner of the land; and
(b) if the land is occupied by a person other than the owner of the land—the occupier of the land.
(3) A notice under subsection (2) in relation to land shall specify the purpose for which the Commission intends to exercise its powers under subsection (1) in relation to the land.
(4) The Commission shall not, in the exercise of its powers under subsection (1):
(a) close, divert or narrow, or break the surface of, a road;
(b) alter the position of any water, sewerage or gas main or pipe; or
(c) alter the position of any electricity cable or wire; or
(d) alter the position of any line (within the meaning of the
Telecommunications Act 1997 );unless it has given reasonable notice, in writing, of its intention to do so to the authority having the care and management of the road, main, pipe, cable, wire or line.
(5) In this section,
watercourse includes any river, stream, ditch, drain or other channel or passage through which water flows.
(1) The Commission shall take all reasonable steps to ensure that, in exercising its powers under sections 15 and 16, it causes as little detriment and inconvenience, and does as little damage, as is practicable.
(2) Where the owner or occupier of land suffers loss or damage by reason of the exercise in relation to the land of any of the Commission’s powers under section 15 or 16, the Commission is liable to pay him such compensation as is agreed upon between them or, in the absence of agreement, such compensation as is determined by a court of competent jurisdiction.
(3) Compensation under subsection (2) shall include compensation in respect of:
(a) damage of a temporary character as well as of a permanent character; and
(b) the taking of sand, clay, stone, earth, gravel, timber, wood, water and other materials or things.
(4) In this section:
court of competent jurisdiction , in relation to the owner or occupier of land, means:
(a) the Supreme Court of the State or Territory in which the land is situated; or
(b) a County Court, District Court, Local Court or other court of a State or Territory presided over by a Judge or Magistrate, being a court that has jurisdiction:
(i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed by the owner or occupier of the land; and
(ii) in respect of the locality in which the land, or part of the land, is situated.
owner , in relation to land, means a person who:
(a) owns any legal or equitable estate in the land;
(b) has any legal or equitable interest in the land; or
(c) has any right, power or privilege over, or in connection with, the land.
(1) The Commission shall conduct its operations safely, efficiently and, subject to section 6AA, subsection 55(3) and Part VA, in a manner that accords with sound commercial practice.
(2) Nothing in subsection (1) shall be taken to impose on the Commission a duty that is enforceable by proceedings in a court.
(1) The Minister may, from time to time, by notice in writing to the Commission, advise the Commission of his or her views in relation to the following matters:
(a) the appropriate strategic direction of the Commission;
(b) the manner in which the Commission should perform its functions.
(2) The Commission must, in performing its functions, take account of notices given to it under subsection (1).
(3) The Commission must, in preparing its corporate plan, take account of notices given to it under subsection (1) of this section.
(1) In this section:
ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Commission.
(2) The Minister may direct the Commission to give to a specified ministerial nominee any documents or information relating to the operations of the Commission that the nominee requests.
(3) The Commission must comply with a direction by the Minister under subsection (2).
(4) The Commission must include in the annual report for a financial year particulars of any directions given to the Commission by the Minister under subsection (2) in that financial year.
(1) The rates of charges for any service provided by the Commission shall be such as the Commission, subject to this section, section 6AA and to subsections 18(1) and 55(3), fixes for the services.
(2) The Commission shall, as soon as practicable after the commencement of this Act:
(a) determine, by instrument in writing, the principles in accordance with which it proposes to fix rates of charges for prescribed services; and
(b) inform the Minister, by notice in writing, of the principles that it has so determined.
(3) The Minister may, before the expiration of the period of 60 days after receipt by him of the notice referred to in paragraph (2)(b):
(a) determine, by instrument in writing, the principles in accordance with which the Commission is to fix rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services; and
(b) inform the Commission, by notice in writing, of the principles so determined and the reasons for the determination.
(4) Where the Commission proposes to make an alteration to the principles in accordance with which it fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Commission shall inform the Minister, by notice in writing, of the proposed alteration.
(5) Where the Minister receives a notice under subsection (4) of a proposed alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Minister may, before the expiration of 60 days after receipt by him of the notice, by instrument in writing:
(a) approve the proposed alteration to those principles;
(b) determine an alteration to those principles that is different from the alteration proposed in the notice; or
(c) refuse to agree to any alteration to those principles;
and inform the Commission, by notice in writing, of the approval, determination or refusal, as the case may be.
(6) If the Minister does not, before the expiration of 60 days after the receipt by him of a notice under subsection (4) proposing an alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services:
(a) approve the alteration proposed in the notice;
(b) determine an alteration to the principles that is different from the alteration proposed in the notice; or
(c) refuse to agree to any alteration to the principles;
and inform the Commission as mentioned in subsection (5), he shall be deemed to have, at the expiration of that period, approved, under subsection (5), the alteration proposed in the notice.
(7) The Commission shall not fix a rate of charge for a prescribed service otherwise than:
(a) if the Commission has determined principles under subsection (2) in relation to the prescribed service, the Minister has not determined principles under subsection (3) in relation to the prescribed service and no alteration to the principles determined by the Commission has been approved or determined under subsection (5) in relation to the prescribed service—in accordance with the principles so determined by the Commission;
(b) if the Minister has determined principles under subsection (3) in relation to the prescribed service and no alteration to those principles has been approved or determined under subsection (5)—in accordance with the principles so determined by the Minister; or
(c) if any principles are applicable in relation to the prescribed service by virtue of a determination under subsection (2) or (3) and an alteration has or alterations have been approved or determined under subsection (5) to those principles—in accordance with those principles as so altered by the alteration or alterations.
(8) A reference in this section to a prescribed service is a reference to a service for the carriage of passengers or goods.
(1) The Commission may by writing under its common seal, delegate to a person any of its powers under this Act.
(1) The Commission consists of the following Commissioners:
(a) the Chairman of the Commission;
(a) the Deputy Chairman of the Commission;
(b) the Managing Director of the Commission;
(c) such number of other Commissioners as the Minister appoints.
(2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument.
(2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure.
(4) The Chair may be appointed on either a full‑time or part‑time basis.
(5) The Commissioners (other than the Chair and the Managing Director) shall be appointed on a part‑time basis.
(6) The Chair, Deputy Chair and other Commissioners (other than the Managing Director) hold office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister by instrument in writing.
(7) The performance of the functions, and the exercise of the powers, of the Commission are not affected by reason only of there being a vacancy or vacancies in the membership of the Commission.
(1) The Chair, Deputy Chair and other Commissioners shall be paid by the Commission such remuneration as is determined by the Remuneration Tribunal.
(2) If no determination by the Tribunal of the remuneration of the Deputy Chair is in operation, the Deputy Chair shall be paid by the Commission such remuneration as is prescribed by the regulations.
(3) The Chair, Deputy Chair and other Commissioners shall be paid by the Commission such allowances as are prescribed by the regulations.
(4) This section has effect subject to the
Remuneration Tribunal Act 1973 .
The Minister may grant leave of absence to a Commissioner on such terms and conditions as to remuneration or otherwise as the Minister determines by instrument in writing.
A Commissioner may resign his office by writing signed by him and delivered to the Governor‑General.
(1) Subject to subsection (2), the Minister may appoint the Deputy Chair, another Commissioner or another person:
(a) to act as Chair, on a full‑time or part‑time basis, during a vacancy in the office of Chair;
(b) where the Chair has been appointed on a full‑time basis—to act as Chair, on a full‑time or part‑time basis, during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of his office; or
(c) where the Chair has been appointed on a part‑time basis—to act as Chair, on a part‑time basis, during any period, or during all periods, when the Chair is absent from Australia or is, for any reason, unable to perform the duties of his office.
(2) The Managing Director shall not be appointed to act as Chair.
(9) The validity of anything done by or in relation to a person purporting to act as Chair shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Minister may appoint a Commissioner or another person to act as Deputy Chair:
(a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Deputy Chair is acting as Chair, is absent from Australia or is, for any reason, unable to perform the duties of his office.
(8) The validity of anything done by or in relation to a person purporting to act as Deputy Chair shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Minister may appoint a person to act as a Commissioner referred to in paragraph 24(1)(d):
(a) during a vacancy in the office of such a Commissioner; or
(b) during any period, or during all periods, when such a Commissioner is acting as Chair or Deputy Chair, is absent from Australia or is, for any reason, unable to perform the duties of his office.
(8) The validity of anything done by or in relation to a person purporting to act as a Commissioner shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Commission shall hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chair:
(a) may, at any time, convene a meeting of the Commission; and
(b) shall, on receipt of a written request signed by not less than 2 other Commissioners, convene a meeting of the Commission.
(3) The Minister may, at any time, convene a meeting of the Commission.
(4) The Chair shall preside at all meetings of the Commission at which he is present.
(5) Where the Chair is not present at a meeting of the Commission:
(a) the Deputy Chair shall preside at the meeting; or
(b) if the Deputy Chair is not present at the meeting—the Commissioners present shall appoint one of their number to preside at the meeting.
(6) At a meeting of the Commission, a quorum is constituted by half of the Commissioners.
(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 person 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.
Sections 25 to 28 (inclusive) and 32 do not apply in relation to the Managing Director.
There shall be a Managing Director of the Commission.
(1) The Managing Director shall be the chief executive officer of the Commission.
(2) The Managing Director shall act in accordance with any policies determined by, and any directions given by, the Commission.
(3) All acts and things done in the name of, or on behalf of, the Commission by the Managing Director shall be taken to have been done by the Commission.
(1) The Managing Director is to be appointed by the Commission.
(2) The Commission must not appoint the Chair, the Deputy Chair, or a Commissioner referred to in paragraph 24(1)(d), as Managing Director.
(3) The appointment of a person as Managing Director is not invalid merely because of a defect or irregularity in relation to the appointment.
The Managing Director:
(a) shall be appointed with effect from the day specified in the instrument of appointment; and
(b) holds office during the Commission’s pleasure.
The Managing Director may hold office on either a part‑time or a full‑time basis.
The Managing Director holds office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Commission.
The Managing Director shall give written notice to the Chair of all direct and indirect pecuniary interests that the Managing Director has or acquires in any business or in any body corporate carrying on a business.
(1) The Commission may appoint a Commissioner or another person to act as Managing Director during a vacancy in the office of Managing Director (whether or not an appointment has previously been made to the office).
(2) The Commission may appoint a Commissioner or another person to act as Managing Director during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
(3) Anything done by or in relation to a person purporting to act as Managing Director is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in relation to the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(1) The Railway Service established under the
Australian National Railways Act 1917 is continued in existence.(2) The Commission may appoint such officers, and engage such employees, as it considers necessary for the performance of its functions and duties and the exercise of its powers.
(3) The Railway Service consists of the persons appointed as officers, or engaged as employees, of the Commission.
(1) The terms and conditions of service or employment (in respect of matters not provided for by this Act) of the employees of the Commission are such as are determined by the Commission by instrument in writing.
(2) The terms and conditions of service and employment that may be determined under subsection (1) include terms and conditions specifying:
(a) the grounds on which employees, or employees included in a 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 relation to employees against whom charges of misconduct are established.
(3) A certificate signed by the Managing Director, or another person authorized by the Commission, by instrument in writing, for the purposes of this subsection, that states that:
(a) a specified document is a true copy of a determination made by the Commission under subsection (1); or
(b) such a determination is in force or was in force during a specified period or was in force at a specified time;
is
prima facie evidence of the matters stated in the certificate.
(4) A document purporting to be a certificate of the kind referred to in subsection (3) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
(1) For the purposes of this Division, 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 a Chair of a Promotions Appeal Board.
(3) A Promotions Appeal Board shall be constituted, for the purposes of an appeal under section 40, by a person holding office as Chair 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 Chair, shall be appointed in the manner prescribed by the by‑laws.
(5) A Chair of a Promotions Appeal Board shall be paid by the Commission such remuneration as is determined by the Remuneration Tribunal.
(6) A Chair of a Promotions Appeal Board shall be paid by the Commission such allowances as are prescribed by the regulations.
(7) Subsections (5) and (6) have effect subject to the
Remuneration Tribunal Act 1973 .
(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) Subsection (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 on 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 the 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.
(1) For the purposes of this Division, the Commission shall from time to time arrange for the establishment of such Disciplinary 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 a Chair of a Disciplinary Appeal Board.
(3) A Disciplinary Appeal Board shall be constituted, for the purposes of an appeal under section 42, by a person holding office as Chair 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 Chair, shall be appointed in the manner prescribed by the by‑laws.
(5) A Chair of a Disciplinary Appeal Board shall be paid by the Commission such remuneration as is determined by the Remuneration Tribunal.
(6) A Chair of a Disciplinary Appeal Board shall be paid by the Commission such allowances as are prescribed by the regulations.
(7) Subsections (5) and (6) have effect subject to the
Remuneration Tribunal Act 1973 .
(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 Act) with respect to misconduct committed before the commencement of this Act, the employee charged with the misconduct may appeal to a Disciplinary Appeal Board against the decision.
(2) On the hearing of an appeal under subsection (1), a Disciplinary Appeal Board may take evidence on oath or affirmation.
(3) The by‑laws may prescribe the grounds on which, the manner in which, and the time within which, appeals may be made under subsection (1) 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 subsection (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.
(1) The Chair 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 Chair 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, without reasonable excuse, refuse or fail 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 that he was required by the summons to produce.
Penalty: Imprisonment for 6 months.
(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 Chair of the Board from continuing in attendance, to continue in attendance before the Board;
as required by the summons.
Penalty: Imprisonment for 6 months.
(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: Imprisonment for 6 months.
(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.
(8) In subsections (1), (3), (4), (5), (6) and (7), references to the Chair of a Disciplinary Appeal Board, and other references to a Disciplinary Appeal Board, include references to a person appointed under subsection (2) to take the evidence of another person in relation to an appeal to a Disciplinary Appeal Board.
Where:
(a) the provisions of By‑law No. 70 made under the
Australian National Railways Act 1917 on 24 June 1936 applied, immediately before 1 March 1978, in relation to an employee; and(b) the employee had been employed under that Act immediately before 7 October 1944;
the provisions of the By‑law apply to and in relation to the employee as if it had not been repealed.
(1) 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.
(2) 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.(3) 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 subsection (1) and transferred Tasmanian employees referred to in subsection (2), such amounts as the Minister for Finance determines in respect of the future liability of the Commonwealth to make payments relating to State retirement benefits in respect of those employees.
(4) 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 and continued in existence under the same name by section 10 of theRetirement Benefits Act 1982 of that State.
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 , theRetirement Benefits Act 1982 or thePublic Servants’ Retiring and Death Allowances Act 1925 of the State of Tasmania.
(5) A reference in this section to an Act of a State is a reference to the Act as amended and in force from time to time.
(1) Subject to subsection (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 subsection (1), the period of long service leave that a transferred South Australian employee would, at any time, but for this subsection, 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) A reference in this section to the relevant South Australian long service leave provisions is 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.
(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 Commission by or on behalf of a person under section 54 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 , there is also served on the Commission 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 II of that Act.(2) Where:
(a) a transferred South Australian employee sustains an injury (in this subsection referred to as the
subsequent injury ) that relates to a previous injury sustained by the employee on or after 1 March 1978; and(b) compensation was paid under the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 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 subsection (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 II of that Act; or
(d) if no election was made under subsection (1) in relation to the previous injury but an election is made under that subsection in relation to the subsequent injury—as if that last‑mentioned election were of no force or effect.
(3) For the purposes of subsection (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 aggravation, acceleration, exacerbation, deterioration or recurrence of which constituted that previous injury.
(4) In the application of the modified Commonwealth Employees’ Rehabilitation and Compensation Act (in this subsection called
the Act ) in relation to a claim for compensation:
(a) unless the contrary intention appears, expressions used in that part of the Act that comprises the applied South Australian provisions have the same respective meanings as they have in the Workers Compensation Act;
(b) expressions used in the Act (other than in that part of the 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 Act that comprises the applied South Australian provisions:
(i) a reference to the Court shall be read as a reference to the Commission; 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 the employee’s death have been served on the Commission by or on behalf of 2 or more persons; and
(b) an election has been made under subsection (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
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 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 Workers 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
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 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
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 in its application to a claim in relation to which no election has been made under subsection (1) were a dependant of the employee for the purposes of that Act in its application to that claim; and(e) the Commission shall make, under the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 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 Commonwealth Employees’ Rehabilitation and Compensation 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 Commonwealth Employees’ Rehabilitation and Compensation Act) as was imposed by the Workers Compensation Act on an employer to whom that Act applied, 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 122 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 extends, by virtue of this subsection, to the making of regulations for the purposes of this section.(7A) The regulations may provide that an amount specified in the Workers Compensation Act or in any regulation or Proclamation under the Act (including an amount specified by virtue of regulations made pursuant to this subsection) shall, for the purposes of this section, be taken to be replaced by such higher amount as is specified in the regulations.
(8) In this section:
applied South Australian provisions means the provisions of Parts II, IV and VIII of, and the Second Schedule to, the Workers Compensation Act, and the provisions of any regulations and Proclamations in force immediately before 30 September 1987 for the purposes of those Parts and that Schedule, as modified by:
(a) regulations made under the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 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, III, IV, V, VI, VII, IX and X of theCommonwealth Employees’ Rehabilitation and Compensation Act 1988 ; and(b) regulations made under this Act for the purposes of subsection (8).
Commission means the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees established by section 68 of theCommonwealth Employees Rehabilitation and Compensation Act 1988 .
modified Commonwealth Employees’ Rehabilitation and Compensation Act means theCommonwealth Employees’ Rehabilitation and Compensation Act 1988 modified by the substitution of the applied South Australian provisions for Part II of that Act.
Workers Compensation Act means theWorkmen’s Compensation Act 1971 of the State of South Australia as amended and in force immediately before 30 September 1987.
(1) In the application of sections 20 and 21 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 to and in relation to transferred South Australian employees and transferred Tasmanian employees, references to a superannuation scheme shall be read as including references to schemes for the payment of benefits contained in theSuperannuation Act 1974 of the State of South Australia and theSuperannuation Act 1938 , theRetirement Benefits Act 1982 and thePublic Servants’ Retiring and Death Allowances Act 1925 of the State of Tasmania.(2) A reference in subsection (1) to an Act of a State is a reference to that Act as amended and in force from time to time.
(1) In this section:
commencing day means the day on which section 138 of theCommonwealth Employees’ Rehabilitation and Compensation Act 1988 commences.
Commission has the same meaning as it has in theCommonwealth Employees’ Rehabilitation and Compensation Act 1988 .
Commissioner has the same meaning as it had in theCompensation (Commonwealth Government Employees) Act 1971 as in force immediately before the commencing day.
instrument means any instrument (including rules, regulations and by‑laws) made, granted or issued pursuant to any Act.
modified 1971 Act means the modified Compensation (Commonwealth Government Employees) Act within the meaning of section 47 as in force immediately before the commencing day.
modified 1988 Act means the modified Commonwealth Employees’ Rehabilitation and Compensation Act within the meaning of section 47.
(2) In this section, a reference to a thing done by, or in relation to, the Commissioner, includes a reference to a thing done by, or in relation to, a delegate of the Commissioner.
(3) Any act or thing done at any time before the commencing day by, or in relation to, the Commissioner, being an act or thing done pursuant to, or in relation to, the functions or powers of the Commissioner under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the corresponding functions or powers of the Commission under the modified 1988 Act.
(4) Any act or thing done at any time before the commencing day by, or in relation to, the Commonwealth, being an act or thing done under the modified 1971 Act shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the Commission pursuant to, or in relation to, the functions or powers of the Commission under the modified 1988 Act.
(5) Any liability of the Commonwealth to pay compensation or make any other payment to a person under the modified 1971 Act shall, to the extent that it has not been discharged before the commencing day, be deemed to have been incurred by the Commission on that day under the corresponding provision of the modified 1988 Act.
(6) Any act or thing done at any time before the commencing day by, or in relation to, an employee, being an act or thing done under the modified 1971 Act, shall, on and after that day, have the same effect as it would have if it had been done by, or in relation to, the employee pursuant to, or in relation to, the modified 1988 Act.
(7) An election served on the Commissioner by a transferred South Australian employee under subsection 47(1) as in force at any time before the commencing day shall be deemed to be an irrevocable election served on the Commission by that employee on that day under subsection 47(1) as in force on that day.
(8) Where a person was, immediately before the commencing day, entitled to apply to the Administrative Appeals Tribunal under the modified 1971 Act, but had not made such an application before that day, Part VI of the modified 1988 Act applies as if:
(a) the person were a claimant under the modified 1988 Act; and
(b) the reference in subsection 62(3) of the modified 1988 Act to 30 days after the day on which the determination first came to the notice of the claimant were a reference to 30 days after the commencing day.
(9) Where, immediately before the commencing day, there were pending in any court or tribunal any proceedings relating to any matter arising under the modified 1971 Act to which the Commonwealth was a party, those proceedings may be continued after the commencing day and, where those proceedings are so continued, the Commission and the Commonwealth shall be parties to those proceedings.
(10) A reference in any instrument to the Commissioner shall, in relation to any act or thing done, or to be done, after the commencing day, be read as a reference to the Commission.
(11) All money and investments held immediately before the commencing day for the benefit of a transferred South Australian employee by the Commissioner under the modified 1971 Act are, by force of this subsection, vested in the Commission and shall be held by the Commission for the benefit of that person.
(1) The Commission shall, not later than 60 days before the commencement of each financial year:
(a) determine, by instrument in writing, that the financial target of the Commission for the financial year is to be:
(ia) a specified rate of return on the Commission’s assets; or
(i) a specified profit; or
(ii) neither a profit nor a loss; or
(iii) a specified loss; and
(b) inform the Minister, by notice in writing, of the financial target that it has determined for the financial year.
(2) The Minister may, before the expiration of the period of 60 days after receipt by him of notice under subsection (1) of the financial target that the Commission has determined for the financial year:
(a) determine, by instrument in writing, a different financial target for the financial year; and
(b) inform the Commission, by notice in writing, of the financial target that he has determined for the financial year and the reasons for his determination.
(3) Subject to section 6AA and Part VA, the Commission shall pursue a policy in the financial year directed at ensuring that it attains the financial target for the financial year.
(4) Subject to subsection (6), the Commission shall, whenever it considers it necessary or desirable to do so during the financial year, review the financial results of its operations during the part of the financial year that has elapsed and, if on any such review it appears to the Commission that its progress towards attaining the financial target for the financial year has not been satisfactory, the Commission shall, subject to subsection (5):
(a) forthwith consider what specific measures should be adopted by it in order to ensure that it attains the financial target; and
(b) inform the Minister, by notice in writing, of the respects in which its progress towards attaining the financial target has not been satisfactory, of the measures that it proposes to adopt in order to ensure that it attains the financial target and of the effect that, in its opinion, the adoption of those measures will have on the financial results of its operations for the financial year.
(5) The Commission shall not, for the purposes of subsection (4), propose that the financial target for the financial year should be attained, in whole or in part, by means of moneys appropriated by the Parliament.
(6) The Commission shall ensure that not more than 6 months elapse between:
(a) the commencement of the financial year and the commencement of the first review under subsection (4) in relation to the financial year; or
(b) the commencement of a review under subsection (4) in relation to the financial year and the commencement of the next such review.
(7) A reference in subsection (3), (4) or (5) of this section or in subsection 56(1) to the financial target of the Commission for a financial year is a reference to:
(a) the financial target determined by the Commission under subsection (1) for the financial year; or
(b) where the Minister has, under subsection (2), determined a different financial target for the financial year—the financial target so determined.
(1) Where the Commission does not attain, or is of the opinion that it cannot attain, its financial target for a financial year, the Commission shall, subject to subsection (2):
(a) forthwith consider what specific measures should be adopted by it in order to meet the amount of the shortfall or expected shortfall, as the case may be, in its financial target for the financial year (in this section referred to as the
financial target shortfall ); and(b) not later than 60 days after the end of the financial year or its forming that opinion, as the case may be, inform the Minister, by notice in writing, of the measures that it proposes to adopt in order to meet the financial target shortfall.
(2) The Commission shall not propose that the financial target shortfall should be met, in whole or in part, out of moneys appropriated by the Parliament.
(1) The Minister for Finance may give the Commission a written direction requiring the Commission to pay a specified amount to the Commonwealth before a specified time.
(2) The Commission must comply with a direction under subsection (1).
(1) The moneys of the Commission shall be applied only:
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Commission in the performance of its functions and duties and the exercise of its powers;
(b) in payment of the remuneration and allowances payable to persons appointed under Part III; and
(c) in making payments to the Commonwealth as provided by this Act.
(2) Subsection (1) does not prevent investment of surplus money of the Commission under section 19 of the
Commonwealth Authorities and Companies Act 1997 .
The Minister for Finance may, on behalf of the Commonwealth, out of moneys appropriated by the Parliament for the purpose, lend moneys to the Commission on such terms and conditions as the Minister for Finance determines in writing.
(1) Subject to subsections (3) and (4), the Commission may borrow money from persons other than the Commonwealth.
(2) Money may be borrowed wholly or partly in foreign currency.
(3) The Minister for Finance may give the Commission a written direction requiring the Commission not to enter into a loan.
(4) The Commission must comply with a direction under subsection (3).
(1) The Treasurer may, on behalf of the Commonwealth, enter into a contract guaranteeing the performance by the Commission of obligations incurred by it:
(a) under a borrowing made under section 62; or
(b) under any other contract, arrangement, agreement or obligation.
(2) If the Treasurer determines, in writing, that obligations incurred by the Commission under section 62 or under any other contract, arrangement, agreement or obligation are guaranteed by the Commonwealth, the obligations are, by force of this subsection, guaranteed by the Commonwealth.
(3) The Treasurer may, in writing, delegate to the holder of an office in the Department of the Treasury all or any of the Treasurer’s powers under this section.
(4) A contract under subsection (1) may include:
(a) a provision agreeing that proceedings under the contract may be taken in courts of a foreign country; or
(b) a provision waiving the immunity of the Commonwealth from suit in courts of a foreign country.
The Commission may give security over the whole or any part of its assets for:
(a) the due performance of obligations incurred by it under section 62; or
(b) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under obligations incurred by the Commonwealth under section 63.
(1) Subject to subsection (4), the Commission may enter into and deal with contracts to which this section applies for hedging purposes in relation to:
(a) a borrowing, or a proposed borrowing, of money by the Commission; or
(b) an investment of money by the Commission; or
(c) commodity purchases by the Commission.
Note: for
contracts to which this section applies see subsection (6).(2) The Minister may, by written determination, set guidelines for the exercise by the Commission of its power under subsection (1) and must give the Commission a copy of each determination made.
(3) Without limiting subsection (2), the guidelines may provide that:
(a) the Commission is not to enter into or deal with contracts of a particular kind; or
(b) the Commission is to enter into or deal with contracts of a particular kind only if the contract relates to specified matters.
Examples of paragraph (3)(b) guidelines:
guidelines that provided the Commission is to enter into commodity futures only if the commodity is a specified commodity or a commodity that has a specified link with the Commission’s operations.
(4) The Commission must not enter into or deal with a contract to which this section applies contrary to any guidelines in force under subsection (2).
(5) A contract is taken to be entered into or dealt with for hedging purposes only if the contract is entered into or dealt with for the purposes of:
(a) reducing the risk of adverse variations in:
(i) the costs of a borrowing, or a proposed borrowing, of money by the Commission; or
(ii) the revenue obtainable by the Commission from the investment of money of the Commission; or
(iii) the costs of commodities purchased by the Commission; or
(b) maintaining the value of:
(i) investments made by the Commission; or
(ii) property used as security for a borrowing, or a proposed borrowing, by the Commission.
(6) This section applies to contracts of the following kinds:
(a) currency contracts;
(b) interest rate contracts;
(c) futures contracts;
(d) contracts relating to:
(i) dealings known as currency swaps; or
(ii) dealings known as interest rate swaps; or
(iii) dealings known as commodity swaps;
(e) contracts relating to 2 or more of the dealings referred to in paragraph (d);
(f) options (including futures options);
(g) contracts of a kind approved by the Minister in writing.
(1) Subject to subsections (1A) and (4), the Commission is not subject to taxation under the laws of the Commonwealth or of a State or Territory.
(1A) Subsection (1) does not apply to a law of a State or Territory relating to pay‑roll tax.
(2) Where the Treasurer so determines by notice published in the
Gazette , stamp duty, or any similar tax, is not payable by the Commission or any other person under a law of the Commonwealth or of a State or Territory in respect of:
(a) a security dealt with by the Commission;
(b) the issue, redemption, transfer, sale, purchase, resale, acquisition or discounting of such security by the Commission or any other person, not including a transaction done without consideration or for an inadequate consideration;
(c) any other transaction done for the purposes of a borrowing, or a raising of moneys otherwise than by borrowing, by the Commission; or
(d) any other document executed by or on behalf of the Commission for the purposes of a borrowing, or a raising of moneys otherwise than by borrowing, by the Commission.
(3) A determination may be made under subsection (2) in relation to:
(a) a particular security, transaction or document; or
(b) securities, transactions or documents included in a class of securities, transactions or documents, as the case may be.
(4) Subject to subsection (2), the regulations may provide that subsection (1) does not apply in relation to a specified law of the Commonwealth or of a State or Territory or laws included in a class of laws of the Commonwealth or of a State or Territory.
(ii) involving a train carrying passengers; or
(b) any other serious incident;
occurs on a railway owned or operated by the Commission, the Minister may, by instrument in writing, establish a Board of Inquiry to inquire into, and report to him on, the circumstances of the accident or incident, as the case may be, and such other matters relating to the accident or incident, as the case may be, as are specified in the instrument.
(2) A Board of Inquiry shall be constituted in such manner as is specified in the instrument by which it is established.
(3) The provisions of the
Royal Commissions Act 1902 apply, with such modifications (if any) as are prescribed by the regulations, to and in relation to a Board of Inquiry as if it were a Royal Commission within the meaning of that Act.
The Commission is not a common carrier.
(1) Subject to this section, a notice required under this Act to be given to a person shall be served either personally or by post on the person.
(2) A notice under this Act that is posted, as a letter, to a person at the last address of the person known to the Commission shall, for the purposes of the application of section 29 of the
Acts Interpretation Act 1901 in relation to subsection (1), be deemed to be properly addressed to the person.(3) Where:
(a) the Commission is unable, after diligent inquiry, to ascertain the identity of the owner of any land; or
(b) service of a notice under this Act on the owner of any land cannot be effected either personally or by post;
service of the notice may be effected by causing a copy of the notice to be published in a newspaper circulating in the district in which the land, or part of the land, is situated and:
(c) if the land is occupied—giving a copy of the notice to the occupier; or
(d) if the land is not occupied—affixing, if practicable, a copy of the notice to a conspicuous part of the land.
(4) Where the Commission is unable, after diligent inquiry, to ascertain:
(a) whether any land is occupied; or
(b) the identity of the person occupying any land;
it may treat the land as being unoccupied.
(5) Where service of a notice under this Act on the occupier of any land cannot be effected either personally or by post, service of the notice may be effected by:
(a) causing a copy of the notice to be published in a newspaper circulating in the district in which the land, or part of the land, is situated; and
(b) affixing, if practicable, a copy of the notice to a conspicuous part of the land.
Notwithstanding any law of a State or Territory to the contrary, other than a law that specifically relates to the safety in the operation of railways, the Commission is not required to fence, or to maintain any fence erected in connection with, any railway operated by it.
(1) The Commission, in operating railways, is subject to any law of a State or Territory that specifically relates to the safety in the operation of railways.
(2) Subject to subsection (3), a person who operates a railway that was previously operated by the Commission is, in operating the railway, subject to all laws of a State or Territory that relate to the operation of railways.
(3) The Minister may, by written notice published in the
Gazette , declare that specified laws of a State or Territory that relate to the operation of railways do not apply to a specified person who operates a railway that was previously operated by the Commission.(4) A declaration under subsection (3) must specify the period during which it has effect. The period must end no later than 6 months after the Commission ceases to operate the railway concerned.
(5) A declaration made under subsection (3) has effect accordingly.
This Act has effect subject to the Railways Agreement (South Australia) Act 1975 and the Railways (Tasmania) Act 1975.
(1) Where the Commission proposes to close a road (otherwise than temporarily for purposes connected with the construction, maintenance, alteration or repair of a railway), it shall:
(a) give notice, in writing, to the authority having the care and management of the road that:
(i) it proposes to close the road; and
(ii) the authority may, not later than 30 days after service of the notice on it, lodge with the Commission an objection, in writing, to the closure of the road; and
(b) publish in a newspaper circulating in the district in which the road is situated notice that:
(i) it proposes to close the road; and
(ii) any interested person may, not later than 30 days after the publication of the notice, lodge with the Commission an objection, in writing, to the closure of the road.
(2) Where the Commission is satisfied, after considering any objections to the closure of the road lodged with it in pursuance of subsection (1), that it is necessary or desirable to do so, it may declare, by instrument in writing, that the road is closed from a specified time.
(3) Where, under subsection (2), the Commission declares that a road is closed from a specified time, it shall:
(a) give notice, in writing, to the authority having the care and management of the road, and each interested person who lodged an objection in pursuance of subsection (1) to the closure of the road, that the road is closed from that time; and
(b) publish in a newspaper circulating in the locality in which the road is situated notice that the road is closed from that time.
(4) A notice under subsection (3) shall include a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision of the Commission by or on behalf of any person or persons whose interests are affected by the decision.(5) A failure to comply with subsection (4) in relation to a decision of the Commission under subsection (2) does not affect the validity of the decision.
(6) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Commission under subsection (2).
(7) A reference in this section to a road includes a reference to a part of a road.
(1) Where, but for this section, the operation of subsection 14(3) or section 76 would result in the acquisition of property from a person otherwise than on just terms, the Commission is liable to pay to the person such compensation as is agreed upon between them or, in the absence of agreement, such compensation as is determined by the Supreme Court of a State or Territory in an action brought by the person against the Commission.
(2) The Supreme Courts of the States have jurisdiction, and the Supreme Courts of the Territories have jurisdiction to the extent that the Constitution permits, with respect to matters arising under subsection (1) in respect of which actions may be brought in those Courts under that subsection.
(3) In subsection (1),
acquisition of property andjust terms have the same respective meanings as in paragraph 51(xxxi) of the Constitution.
(1) A person must not, intentionally or recklessly, do any act or thing that is likely to endanger the safety of:
(a) a train operated by the Commission;
(b) a railway, or any part of a railway, operated by the Commission; or
(c) any persons who are, or may be, within the limits of a railway operated by the Commission.
Penalty: Imprisonment for 10 years.
(2) An offence against subsection (1) is an indictable offence.
(5) This section shall be read and construed as being in addition to, and not in derogation of or in substitution for, any other law of the Commonwealth or any law of a State or Territory.
(6) Without limiting the generality of paragraph (1)(c), all land, and all buildings and other structures, owned or occupied by the Commission, and used in connection with a railway operated by the Commission, shall, for the purpose of that paragraph, be taken to be within the limits of that railway.
The
Public Works Committee Act 1969 does not apply in relation to the Commission.
(1) The
Lands Acquisition Act 1989 does not apply in relation to the acquisition of land, or an interest in land, by the Commission by agreement.(2) In subsection (1):
interest , in relation to land, means:
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land.
(1) The Commission may, in writing, make by‑laws, not inconsistent with this Act or the regulations, prescribing matters:
(a) required or permitted by this Act to be prescribed by the by‑laws; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, making provision for, or with respect to:
(c) the terms and conditions governing the provision to, or use by, any person of services provided by, or facilities owned or operated by, the Commission;
(ca) the provision by or on behalf of the Commission of entertainment (including gambling facilities) or other services on passenger trains or on premises owned or occupied by the Commission;
(d) the protection and preservation of property of, or property in the custody or under the control of, the Commission;
(e) the maintenance of safety and order on railways and trains operated by the Commission;
(f) the sale or other disposal of unclaimed goods in the possession of the Commission and the disposal of the proceeds of any such sale;
(g) the prohibition of interference with:
(i) services provided by the Commission; and
(ii) property of, or property in the custody or under the control of, the Commission; and
(h) prescribing penalties not exceeding 15 penalty units for each breach of the by‑laws.
(2) A by‑law made under subsection (1) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, prescribing penalties not exceeding 15 penalty units for each offence against the regulations
The
All relevant information pertaining to application, saving or
transitional provisions prior to 30 June 1997 is not included in this compilation. For
subsequent information
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
140, 1983 | 22 Dec 1983 | 17
Feb 1984 ( | ||
65, 1985 | 5 June 1985 | S. 3: 3 July
1985 | — | |
76, 1986 | 24 June 1986 | S. 3: Royal Assent | S. 9 | |
100, 1987 | 6 Nov 1987 | S. 4: Remainder: Royal Assent | S. 4(2) | |
55, 1988 | 15 June 1988 | 1 July 1988 | — | |
75, 1988 | 24 June 1988 | Ss. 1 and 2: Royal Assent
Ss. 4(1), 68–97, 99 and 100: 1 July 1988 (
Remainder: 1 Dec 1988
( | — | |
87, 1988 | 8 Nov 1988 | Ss. 1 and 2: Royal Assent
Remainder: 1 Mar 1989
( | — | |
99, 1988 | 2 Dec 1988 | 2 Dec 1988 | — | |
122, 1988 | 14 Dec 1988 | 14 Dec 1988 | — | |
21, 1989 | 20 Apr 1989 | 9 June
1989 ( | — | |
101, 1991 | 27 June 1991 | Part 3 (ss. 7–9): 17 Feb 1984 | S. 3 | |
173, 1991 | 25 Nov 1991 | Part 3 (ss. 7‑9): | — | |
94, 1992 | 30 June 1992 | S. 3: 1 July 1990 Remainder: Royal Assent | — | |
118, 1992 | 30 Sept 1992 | 28 Oct 1992 | — | |
216, 1992 | 24 Dec 1992 | Part 3 (ss. 6–9): Royal Assent | — | |
5, 1994 | 18 Jan 1994 | Schedule (items 10–18): | — | |
95, 1995 | 27 July 1995 | S 11(1), 12 and Schedule 1 (Part D): Royal Assent | Ss. 11(1) and 12 | |
43, 1996 | 25 Oct 1996 | Schedule 4 (items 31–33): Royal Assent | — | |
59, 1997 | 3 May 1997 | Schedule 1 (items 3, 4): 1 July 1997 | — | |
96, 1997 | 30 June 1997 | Schedules 1, 2 and 5: Royal Assent
Schedule 3 (items 1–5): 1 Nov 2000 ( | Sch. 3 (items 2–4, 5) and Sch. 5 Sch. 3 (item 4A)
(ad. No. 74, 2000, Sch. 2 (item 2)) [ | |
| ||||
| 74, 2000 | 28 June 2000 | Schedule 2 (item 2): Royal Assent | — |
121, 1997 | 8 July 1997 | Schedule 3 (item 63): | — | |
152, 1997 | 24 Oct 1997 | Schedule 2 (items 389–412): 1 Jan 1998 ( | — | |
| ||||
| 100, 2005 | 6 July 2005 | Schedule 2 (items 4–6): | — |
146, 1999 | 11 Nov 1999 | Schedule 1 (items 216–218): 5 Dec 1999 ( | — | |
74, 2000 | 28 June 2000 | Schedule 2 (item 1): | — |
(a) TheAustralian National Railways Commission Act 1983 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1985 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(b) TheAustralian National Railways Commission Act 1983 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1986 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(c) Subsection 2(2) of theAustralian National Railways Commission Amendment Act 1987 provides as follows
(2) Section 4 shall come into operation or be deemed to have come into operation, as the case requires, immediately before 30 September 1987.
(d) TheAustralian National Railways Commission Act 1983 was amended by Part 3 (sections7‑9) only of the
Transport Legislation Amendment Act 1991 , subsection 2(2) of which provides as follows:
(2) Part 3 is taken to have commenced on 17 February 1984.
(e) TheAustralian National Railways Commission Act 1983 was amended by Part 3 (sections7–9) only of the
Transport and Communications Legislation Amendment Act 1991 , subsection 2(2) of which provides as follows:
(2) Part 3 is taken to have commenced immediately after the
Australian National Railways Commission Act 1983 commenced.The
Australian National Railways Commission Act 1983 came into operation on 17 February 1984 (see Gazette 1984, No. S47).
(f) TheAustralian National Railways Commission Act 1983 was amended by Part 3 (sections6–9) only of the
Transport and Communications Legislation Amendment Act (No. 3) 1992 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(g) TheAustralian National Railways Commission Act 1983 was amended by the Schedule (items 10–18) only of theTransport and Communications Legislation Amendment Act (No. 2) 1993 , subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.
(2) The amendments contained in items 15, 35 and 115 to 128 (inclusive) of the Schedule commence 28 days after the day on which this Act receives the Royal Assent.
(h) TheAustralian National Railways Commission Act 1983 was amended by Schedule 1 (Part D) only of theTransport Legislation Amendment Act 1995 , subsections 2(1) and (3)(b) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(3) The following provisions commence on the day on which this Act receives the Royal Assent or 1 July 1995, whichever is later:
(b) Parts D and F of Schedule 1.
(i) TheAustralian National Railways Commission Act 1983 was amended by Schedule 4 (items 31–33) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(j) TheAustralian National Railways Commission Act 1983 was amended by Schedule 1 (items 3, 4) only of theTelecommunications (Transitional Provisions and Consequential Amendments) Act 1997 , subsection 2(2)(d) of which provides as follows:
(2) The following provisions commence on 1 July 1997:
(d) Schedule 1;
(k) TheAustralian National Railways Commission Act 1983 was amended by Schedules 1, 2 and Schedule 3 (item 1) only of theAustralian National Railways Commission Sale Act 1997 , subsections (1) and (5) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(5) The remaining items of Schedule 3 and Schedule 4 commence on a day to be fixed by Proclamation. The day must not be earlier than the later of the day proclaimed for the purposes of subsection (2) and the day proclaimed for the purposes of subsection (3).
(ka) TheAustralian National Railways Commission Sale Act 1997 was amended by Schedule 2 (item 2) only of theTransport Legislation Amendment Act 2000 , subsection 2(1) provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(l) TheAustralian National Railways Commission Act 1983 was amended by Schedule 3 (item 63) only of theTax Law Improvement Act 1997 , subsections 2(2) and (3) of which provide as follows:
(2) Schedule 1 commences on 1 July 1997 immediately after the commencement of the
Income Tax Assessment Act 1997 .(3) Each of the other Schedules (except Schedule 12) commences immediately after the commencement of the immediately preceding Schedule.
(m) TheAustralian National Railways Commission Act 1983 was amended by Schedule 2 (items 389–412) only of theAudit (Transitional and Miscellaneous) Amendment Act 1997 , subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the
Financial Management and Accountability Act 1997 .
(ma) Subsection 2(1) (item 27) of theStatute Law Revision Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 2, items 4 to 6 | Immediately after the time specified in the | 1 January 1998 |
(n) TheAustralian National Railways Commission Act 1983 was amended by Schedule 1 (items 216–218) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(o) TheAustralian National Railways Commission Act 1983 was amended by Schedule 2 (item 1) only of theTransport Legislation Amendment Act 2000 , subsection 2(2) of which provides as follows:
(2) Item 1 of Schedule 2 is taken to have commenced immediately after the commencement of Schedule 1 to the
Australian National Railways Commission Sale Act 1997 .Schedule 1 to the
Australian National Railways Commission Sale Act 1997 commenced on 30 June 1997.
| |
Provision affected | How affected |
S. 3 ........................................ |
|
Ss. 3A, 3B ............................. | ad. No. 96, 1997 |
Note to s. 4(2)......................... | ad. No. 152, 1997 |
S. 5 ........................................ | am. No. 96, 1997 |
S. 6 ........................................ | am. No. 216, 1992; No. 96, 1997 |
S. 6AA ................................... | ad. No. 96, 1997 |
S. 6A ..................................... | ad. No. 216, 1992 |
S. 7 ........................................ | rep. No. 122, 1988 |
S. 8......................................... | am. No. 152, 1997 |
S. 9 ........................................ | am. No. 122, 1988 |
S. 13A ................................... | ad. No. 100, 1987 |
S. 16 ...................................... | am. No. 59, 1997 |
S. 18 ...................................... | am. No. 96, 1997 |
S. 19....................................... | rep. No. 96, 1997 |
S. 20 ...................................... | rep. No. 96, 1997 |
S. 20A.................................... | ad. No. 95, 1995 |
am. No. 152, 1997 | |
S. 20B.................................... | ad. No. 95, 1995 |
S. 21 ...................................... | am. No. 96, 1997 |
S. 22....................................... | am. No. 122, 1988 |
rep. No. 152, 1997 | |
S. 23....................................... | am. No. 122, 1988 |
S. 24 ...................................... | am. No. 122, 1988; Nos. 96 152, 1997 |
rep. No. 96, 1997 | |
S. 26 ...................................... | am. No. 43, 1996; No. 152, 1997 |
Ss. 29, 30 .............................. | am. No. 122, 1988; No. 152, 1997 |
S. 31 ...................................... | am. No. 122, 1988; No. 152, 1997 |
S. 32 ...................................... |
|
rep. No. 96, 1997 | |
S. 33 ...................................... | am. No. 122, 1988 |
rep. No. 152, 1997 | |
S. 34 ...................................... | am. No. 122, 1988; Nos. 96 and 152, 1997 |
S. 34A ................................... | ad. No. 122, 1988 |
| rep. No. 122, 1988 |
| ad. No. 122, 1988 |
Ss. 35, 36 .............................. | rs. No. 122, 1988 |
S. 36A ................................... | ad. No. 122, 1988 |
am. No. 95, 1995; No. 152, 1997 | |
S. 36B ................................... | ad. No. 122, 1988 |
S. 36C ................................... | ad. No. 122, 1988 |
rs. No. 96, 1997 | |
S. 36D ................................... | ad. No. 122, 1988 |
S. 36E.................................... | ad. No. 122, 1988 |
am. No. 152, 1997 | |
S. 36F .................................... | ad. No. 122, 1988 |
am. No. 95, 1995 | |
S. 38 ...................................... | am. No. 122, 1988 |
S. 39 ...................................... | am. No. 43, 1996; No. 152, 1997 |
S. 41 ...................................... | am. No. 43, 1996; No. 152, 1997 |
S. 43 ...................................... | am. No. 5, 1994; No. 152, 1997 |
S. 45 ...................................... | am. No. 101, 1991 |
S. 47 ...................................... | am. No. 100, 1987; No. 75, 1988 |
S. 48 ...................................... | am. No. 75, 1988; No. 101, 1991 |
S. 48A ................................... | ad. No. 75, 1988 |
| rep. No. 87, 1988 |
S. 49 ...................................... | rep. No. 87, 1988 |
S. 50 ...................................... | am. No. 75, 1988 |
rep. No. 87, 1988 | |
Ss. 51, 52 .............................. | rep. No. 87, 1988 |
S. 53 ...................................... | rep. No. 76, 1986 |
S. 54 ...................................... | rep. No. 96, 1997 |
S. 55 ...................................... | am. No. 95, 1995; No. 96, 1997 |
S. 57 ...................................... | rs. No. 96, 1997 |
S. 57A ................................... | ad. No. 95, 1995 |
rep. No. 96, 1997 | |
S. 58 ...................................... | rep. No. 96, 1997 |
S. 59....................................... | rep. No. 152, 1997 |
S. 60 ...................................... | am. No. 122, 1988; No. 152, 1997 |
S. 61 ...................................... | am. No. 76, 1988 |
S. 62 ...................................... | am. No. 76, 1986 |
rs. No. 122, 1988 | |
am. No. 96, 1997 | |
S. 63 ...................................... | rs. No. 122, 1988 |
am. No. 96, 1997 | |
S. 64 ...................................... | rs. No. 122, 1988 |
S. 64A ................................... | ad. No. 173, 1991 |
S. 65 ...................................... | rs. No. 122, 1988 |
rep. No. 152, 1997 | |
S. 65A ................................... | ad. No. 76, 1986 |
rep. No. 122, 1988 | |
S. 66 ...................................... | rs. No. 122, 1988 |
rep. No. 152, 1997 | |
S. 66A ................................... | ad. No. 122, 1988 |
am. No. 5, 1994 | |
rep. No. 152, 1997 | |
S. 67 ...................................... | am. No. 55, 1988; No. 118, 1992; No. 121, 1997 |
| ad. No. 96, 1997 |
Ss. 67AA–67AZ | ad. No. 96, 1997 |
S. 67AZA................................ | ad. No. 96, 1997 |
S. 67AZB................................ | ad. No. 96, 1997 |
am. No. 146, 1999 | |
Ss. 67AZC–67AZQ................. | ad. No. 96, 1997 |
S. 67AZR................................ | ad. No. 96, 1997 |
am. No. 74, 2000 | |
Ss. 67AZS–67AZU................. | ad. No. 96, 1997 |
S. 67AZV................................ | ad. No. 96, 1997 |
am. No. 146, 1999 | |
Ss. 67AZW, 67AZX................ | ad. No. 96, 1997 |
Heading to s. 67A................... | rs. No. 152, 1997 |
S. 67A ................................... | ad. No. 122, 1988 |
am. No. 152, 1997 | |
S. 69 ...................................... | am. No. 5, 1994 |
S. 70 ...................................... | am. No. 100, 1987; No. 5, 1994 |
S. 71....................................... | rep. No. 152, 1997 |
S. 74 ...................................... | am. No. 96, 1997 |
S. 74A ................................... | ad. No. 96, 1997 |
S. 78 ...................................... | am. No. 5, 1994 |
S. 78A ................................... | ad. No. 122, 1988 |
S. 78B ................................... | ad. No. 122, 1988 |
am. No. 21, 1989 | |
S. 79 ...................................... |
|
S. 80 ...................................... | am. No. 5, 1994 |
Section 24(1)(a), (b)—Schedule 2 (item 398) of
the
Omit “Chairman” (wherever occurring), substitute “Chair”.
The proposed amendment was misdescribed and is not incorporated in this compilation.
Australian National Railways Commission Sale Act 1997 (No. 96, 1997)
In this Schedule:
repeal day means the day on which this item commences.
residual assets means:
(a) any legal or equitable estates or interests in real or personal property, including contingent or prospective ones; and
(b) any rights, privileges and immunities including contingent or prospective ones;
of the Commission immediately before the repeal day.
residual instruments means instruments that are in force immediately before the repeal day:
(a) to which the Commission is a party; or
(b) that were given to, by or in favour of the Commission; or
(c) in which a reference is made to the Commission; or
(d) under which any money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Commission.
residual liability means liabilities and duties of the Commission, including contingent and prospective ones, immediately before the repeal day.
3
Residual assets and liabilities to become Commonwealth assets and liabilities (1) By force of this item, all the residual assets of the Commission cease to be assets of the Commission and become assets of the Commonwealth on the repeal day.
(2) By force of this item, all residual liabilities of the Commission cease to be liabilities of the Commission and become liabilities of the Commonwealth on the repeal day.
(3) A residual instrument continues to have effect on and after the repeal day as if a reference in the instrument to the Commission were a reference to the Commonwealth.
In spite of the repeal of the Australian National Railways Commission Act 1983 by this Schedule, that Act continues to apply in relation to residual assets and residual liabilities as if those residual assets and residual liabilities were assets and liabilities transferred to the Commonwealth under section 67AE or 67AG of that Act.
Despite the repeal of the
Australian National Railways Commission Act 1983 by this Schedule, section 67AZJ of that Act continues to apply, in relation to any right, title or interest in land that vested in a person under section 67AE or 67AM of that Act before its repeal, as if the repeal had not happened.
If, immediately before the repeal day, proceedings to which the Commission was a party are pending in a court, then, on and after the repeal day, the Commonwealth is substituted for the Commission in the proceedings and has the same rights and obligations as the Commission would have had in the proceedings.
(1) The Minister for Finance may, by written notice, declare that specified assets that are affixed to land and that are disposed of by the Commission or by the Commonwealth under Part VA of the Australian National Railways Commission Act 1983 are taken, for all purposes, to be separate assets being chattels personal and not fixtures.
Note: An asset may be specified by name, by inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
Part 2—Access to railways for defence‑related purposes etc. 2
Access to railways for defence‑related purposes and for emergency or disaster relief (1) The Minister may, by written notice given to a person who manages or controls a railway previously managed or controlled by the Commission:
(a) require that access be given to specified kinds of railway services for specified kinds of defence‑related purposes; or
(b) require that priority of access be given to specified kinds of railway services for specified kinds of defence‑related purposes.
(2) The manner in which that access, or priority of access, is to be given is to be set out in the notice.
(3) Subject to item 3, the terms and conditions on which that access, or priority of access, is to be given are to be set out in the notice.
(4) A person must comply with a notice given to it under subitem (1).
(5) A contravention of subitem (4) is not an offence. However, a contravention of subitem (4) is a ground for obtaining an injunction.
(6) In addition to other methods of giving a notice, a notice under subitem (1) may be given by facsimile transmission.
(7) In addition to its effect apart from this subitem, this item has the effect it would have if each reference to a person who manages or controls a railway previously managed or controlled by the Commission were, by express provision, confined to such a person that is a constitutional corporation.
(8) In this item:
Commission means the Australian National Railways Commission.
railway service means a service provided in the course of conducting or managing a railway, and includes the use of facilities that are used for those purposes.
defence‑related purpose means a purpose related to any of the following:
(a) the defence of Australia;
(b) the operation of the Australian Defence Force in connection with the defence of Australia;
(c) the transport of the armed forces of a foreign country in connection with the defence of Australia;
(d) the operation of the Australian Defence Force in connection with international humanitarian aid or United Nations peace‑keeping operations;
(e) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Australian Defence Force.
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Compensation for access to railways for defence‑related purposes and for emergency or disaster relief
Designated agency in relation to a notice (1) A notice under subitem 2(1) must specify a Commonwealth agency as the designated agency in relation to the notice.
(2) If a notice under subitem 2(1) relates to either of the following purposes:
(a) the defence of Australia;
(b) the operation of the Australian Defence Force in connection with the defence of Australia;
the notice must specify the Department of Defence as the designated agency in relation to the notice.
(3) If a notice under subitem 2(1) relates to the management of an emergency or a disaster (whether natural or otherwise), the notice may specify:
(a) the Department of Defence; or
(b) any other Commonwealth agency that is involved in the management of the emergency or disaster;
as the designated agency in relation to the notice.
Liability for loss or damage (4) If a notice under subitem 2(1) is given to a person and that person, or another person contracted, licensed or otherwise acting for that person in the operation of the railway, suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the notice the Commonwealth is liable to pay to the person who suffers the loss or damage an amount equal to the loss or damage.
(5) If:
(a) the person who suffers the loss or damage; and
(b) the head of the designated agency in relation to the notice (on behalf of the Commonwealth);
do not agree on the amount of loss or damage mentioned in subitem (4), the person may recover the amount of the loss or damage by action against the Commonwealth in a court of competent jurisdiction.
(6) In determining the amount of any loss or damage mentioned in subitem (4), regard must be had to anything done in mitigation of the loss or damage (including any remedial work).
(7) A payment under subitem (4) or (5) is to be made out of amounts appropriated by the Parliament for the purposes of the designated agency in relation to the notice.
Compensation—constitutional safety‑net
(8) If:
(a) apart from this item, the operation of item 2 would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(9) If the Commonwealth and the person do not agree on the amount of the compensation mentioned in subitem (8), the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
Section 70 of the Defence Act 1903 (10) This item has effect despite anything in section 70 of the Defence Act 1903.
Definitions
(11) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Commonwealth agency means:
(a) a Department; or
(b) an agency or instrumentality of the Commonwealth.
designated agency , in relation to a notice, means the Commonwealth agency specified in the notice as the designated agency in relation to the notice.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
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