Broken Hill to South Australian Border Railway Agreement (Amendment) Act 1969 (NSW)

BE it enacted by the Queen's Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

1.      ( 1 ) This Act may be cited as the "Broken Hill to

South Australian Border Railway Agreement (Amendment)

Act, 1969".

(2 ) The Broken Hill to South Australian Border Rail­

way Agreement Act, 1968, as amended by this Act, may be cited as the Broken Hill to South Australian Border Railway Agreement Act, 1968-1969.

The Broken Hill to South Australian Border Railway Agreement Act, 1968, is amended by inserting next after sec­ tion seven the following new section :—

2.

8. (1 ) In this section, except in so far as the context or subject-matter otherwise indicates or requires—

"the Commissioner" means the South Australian Rail­ ways Commissioner for the time being holding office as such under the South Australian Railways Commissioner's Act, 1936;

Commissioner's Act, 1936, of the State of South Australia and any Act of that State amending, varying or replacing the same, and includes the Railways Standardization Agreement (Cockburn to Broken Hill) Act, 1968, of that State and any Act of that State amending, varying or replacing the same. (2 )

"the South Australian Railways Commissioner's Act,

1936," means the South Australian Railways

(2 ) The Commissioner may for and on behalf of the State of South Australia operate, control and manage the Railway in accordance with the terms of the Agree­ ment, the provisions of this section and any law applicable or incidental to the Railway or the operation, control and management thereof.

(3 ) The Commissioner—

(a) may demand, collect and enforce the payment

of—

(i)   rates for services rendered on or in con­ nection with the Railway; and

(ii)   tolls, freights, charges, rates and fares for the carriage or conveyance of goods,

stock, minerals, mails, parcels and passen­

gers on the Railway; and

(b) in the operation, control and management of the Railway as aforesaid shall have and may

exercise and enjoy the like powers, authorities,

privileges and immunities, and shall perform and

be subject to the like duties, liabilities and obliga­

tions as he, for the time being, shall have or may
exercise or enjoy or shall perform or be subject

to in the operation, control and management of other railways, vested in the Commissioner, pur­

suant to the South Australian Railways Commis­ sioner's Act, 1936 (section eighty-four of that

Act excepted).

Any payment required pursuant to paragraph (a) of this subsection shall be the like payment as is required under by-laws or regulations under the South Australian

Railways Commissioner's Act, 1936, in respect of other

railways vested in the Commissioner or, where specifically prescribed by regulations under the said Act in respect

of the Railway, the payment so prescribed.

( 4 )

(4 ) Notwithstanding anything in this Act, the Commissioner shall not dispose of any land vested in him pursuant to this Act except with the approval of the Governor.

(5 ) (a) The provisions of sections one hundred and fifteen to one hundred and twenty-three of the South Australian Railways Commissioner's Act, 1936, and the by-laws and regulations under the said Act shall extend and apply, mutatis mutandis, to and in respect of the

Railway.

(b) Any penalty imposed in respect of the

provisions, by-laws and regulations extended and applied pursuant to paragraph (a) of this subsection may be recovered in a summary manner before a stipendiary magistrate or any two justices of the peace in petty

sessions.

(c ) Any penalty referred to in paragraph (b)

of this subsection may be recovered by any person

appointed in that behalf by the Commissioner.

The production of a document purporting to be signed
by the Commissioner appointing a person therein named

to recover any such penalty shall be sufficient evidence that the person therein named has been duly appointed

ducing the document is the person thereby appointed. as aforesaid, and shall be evidence that the person pro­ (d) Any document purporting to be a copy

of the South Australian Railways Commissioner's Act, 1936, or a by-law or regulation thereunder, and to be

printed by the Government Printer of the State of South Australia, shall in all proceedings for any such penalty

be sufficient evidence of the contents of that Act, by-law or regulation and shall be evidence that the same was

at the relevant time in force.

( 6 )

(6 ) Notwithstanding anything contained in any

Act, award or industrial agreement—

(a) the same terms and conditions of employment, including claims and the settlement thereof under any legislation of the State of South Australia relating to workers' compensation; and

(b) the same rates of salaries or wages,

shall be applicable and paid to officers and employees employed by the Commissioner in or in connection with the operation, control and management of the Railway as are applicable and paid to officers and employees employed by the Commissioner in or in connection with the operation, control and management of railways vested in him in the State of South Australia.

The provisions of the South Australian Railways Com­ missioner's Act, 1936, relating to officers and employees employed by the Commissioner in or in connection with the operation, control and management of railways vested in him in the State of South Australia shall apply, mutatis mutandis, to and in respect of officers and employees employed by the Commissioner in or in connection with the operation, control and management of the Railway.

CHILD