Commonwealth Railways Act 1917

Legislation au C1917A00031 Not in force Act

Legislation content

COMMONWEALTH RAILWAYS.

 

No. 31 of 1917.

An Act relating to the Construction and Management of Commonwealth Railways.

[Assented to 22nd September, 1917.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act maybe cited as the Commonwealth Railways Act 1917.

Parts.

2. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—The Railways Commissioner.

Division 1.—Constitution, Appointment, and Tenure of Office.

Division 2.—Property.

Division 3.—Powers of the Commissioner.

Division 4.—Duties of the Commissioner.

Part III.—The Railway Service.

Part IV.—Funds.

Division 1.—Plant and Stores Suspense Account.

Division 2.—Railway Accident and Insurance Fund.

Part V.—Construction of new Railways.

Part VI.—Penalties and Procedure.

Part VII.—Miscellaneous.

Part VIII.—By-laws.

Repeal.

3.—(1.) The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed.

(2.) All rules, regulations, by-laws and scales of charges made or continued under the authority of any Act repealed by this Act, which are in force at the commencement of this Act, shall be deemed to have been made under the authority of this Act.

Existing securities not affected.

(3.) Any purchase, sale, conveyance, grant, assurance, deed, security, contract, bond, or agreement entered into, made or given at any time prior to the commencement of this Act by or to the Minister of State for Home Affairs or the Minister of State for


Works and Railways, under or for the purpose of any Act repealed by this Act, shall not be affected by this Act, except that the Commissioner shall be substituted therein for the Minister of State; and it shall be landing and of full force and effect in every respect against or in favour of the Commissioner, and may be enforced as fully and effectually, as if it had been entered into made or given by or to the Commissioner instead of the Minister of State.

Definitions.

4. In this Act, unless the contrary intention appears—

“Employee” means any person employed by the Commissioner under this Act;

“Goods” includes merchandise and chattels of every description, and animals. alive or dead;

“Owner”, when used in respect of land, means any person who is entitled to sell and convey land; and when used in relation to goods includes any consignor, consignee, shipper or agent for sale or custody of the goods;

“Railway” means any railway vested in the Commissioner; and, where necessary, includes all lands, buildings, works, and things connected therewith or appurtenant thereto;

“Railway service” means employment under the Commissioner;

“The Commissioner” means the Commonwealth Railways Commissioner;

“The Minister” means the Minister of State administering this Act; and

“Wharf” means any wharf, jetty or pier connected with the railways.

Part II.—The Railways Commissioner.

Division 1.—Constitution, Appointment, and Tenure of Office.

Incorporation of the Commissioner.

5.—(1.)

Overview

The Commonwealth Railways Act 1917 was enacted by the Parliament of Australia to address the need for a structured framework governing the construction, management, and operation of Commonwealth Railways. This Act was introduced to consolidate and replace earlier legislation, such as the Kalgoorlie to Port Augusta Railway Act 1911 and the Pine Creek to Katherine River Railway Act 1913, thereby providing a unified legal basis for the administration of the Commonwealth's railway system. The Act establishes the roles and responsibilities of the Commonwealth Railways Commissioner, delineates the powers and duties associated with the Commissioner's office, and outlines the processes for the acquisition of land, construction of new railways, and the management of railway operations. Furthermore, the Act sets forth provisions for the protection and preservation of railway property, the safety and welfare of employees, and the handling of accidents and claims for personal injury, ensuring a comprehensive regulatory environment for the efficient and safe operation of Commonwealth Railways.

Scope and Application

The Commonwealth Railways Act 1917 applies to the Commonwealth Railways Commissioner and the management of Commonwealth Railways across Australia. It establishes the Commissioner as a body corporate with powers to acquire, purchase, sell, lease, and hold property for the purposes of managing railways and related infrastructure. The Act outlines the appointment, tenure, and powers of the Commissioner, as well as the duties and responsibilities associated with the construction, maintenance, and operation of railways. It includes provisions for the establishment of various funds, the acquisition of land for railway purposes, and the imposition of penalties for offences related to the use and management of railways. The Act applies nationally, with powers extended to include the construction of railways along public roads and reserves, and the acquisition of private and Crown lands. Certain exclusions and thresholds are defined, such as the limits on the value of contracts that require Ministerial consent and the maximum penalties for various offences. The application of the Act can be extended through subordinate instruments, including by-laws made by the Commissioner, which must be approved by the Governor-General and published in the Gazette before they take effect.

Key Provisions

  • The Commonwealth Railways Act 1917 establishes a framework for the construction and management of Commonwealth railways in Australia. The Act is divided into several parts, each addressing different aspects of railway management and operations. Section 5 establishes the Commonwealth Railways Commissioner as a body corporate with the ability to acquire, purchase, sell, lease, and hold lands and other property for the purposes of the Act. Section 6 allows the Governor-General to appoint a fit and proper person as the Commissioner, while Section 7 prohibits uncertificated bankrupts or insolvents from being appointed. Section 8 sets the term of the Commissioner's appointment and allows for re-appointment. The Commissioner is granted various powers, including the ability to delegate powers (Section 20), lease railway property (Section 21), and enter into contracts (Section 22). The Commissioner is also granted the power to refuse to carry dangerous goods (Section 27) and to demand tolls (Section 29). The Act outlines the duties of the Commissioner, including maintaining the railways in a state of efficiency (Section 36) and preparing annual estimates and reports (Sections 38 and 41). The Act imposes various obligations on the parties it governs, such as the requirement for the Commissioner to maintain the railways in a state of efficiency and to prepare annual estimates and reports. Offences under the Act include fraudulent travelling (Section 69), carrying goods of a dangerous nature without proper notice (Section 70), and unauthorized sale or alteration of tickets (Section 74). Penalties for these offences range from fines to imprisonment. The Act also outlines the consequences for damage to railway property, with offenders liable to pay for the damage in addition to any penalty imposed (Section 75). The Act provides for the Commissioner to be reimbursed by the Treasury for the value of any passes issued by the Minister and any special services ordered in connection with the railways (Section 86). The Commissioner is also entitled to reimbursement for any damage to or loss of goods caused by an offender (Section 75).

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Public Administration Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.