Government Ferries Act 1932 (WA)

No. 14.] Government Ferries. [1932..

GOVERNMENT FERRIES.

23° GEO. V., No. XIV.

No. 14 of 1932.

AN ACT for the provision, maintenance, and working of

Government Ferries.

[Assented to 30th November, 1932.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :—

Short title and

commencement. 1. This Act may be cited as the Government Ferries Act, 1932, and shall come into operation on a day to be fixed by proclamation.

Intexp Ion. 2. In this Act, subject to the context- " Commissioner " means the Commissioner of Rail-

ways appointed under the Government Railways

Act, 1904.

" Government " means the Government of Western

Australia.

" Government ferries " means

(a) the ferries hitherto carried on as a State trading concern between Perth and South Perth in the name of the State Ferries under the State Trading Concerns .Act, 1916 (No. 12 of 1917) ;

(b) all other ferries now the property of the Govern- ment and declared by the Governor by Order in Council to be Government ferries within the meaning of this Act ;

1932.] Go IR 111»2 CO Ferries. [No. 14.

(c) all other ferries hereafter provided by the Minister under the provisions of this Act, and includes all boats, ships, gear, equipment, and other effects belonging to the Government and held or used or reputed to be held or used for the purposes of or in connection with a Government ferry ; and also all wharves, jetties, landings, structures, and buildings required to be used for the purposes of or in connection with a Government ferry, and which the Governor shall by proclamation declare to be part of such Government ferry.

(4.

Minister " means the Minister for Railways.

3. The Minister may, pursuant to any Order in Council whereby the provision of Government ferries is authorised,	General powers for
the provision,
maintenance, and
working of Gov-
provide such Government ferries on waters belonging to the	ernment ferries.
State ; and for such purpose, and for the maintenance, re- pair, alteration, renewal, and working of all Government ferries, and generally for the purposes of this Act, may

(a) take and acquire land for the purpose of construct-

ing wharves, landings, jetties, buildings, and other

structures necessary for any Government ferry ;

(b) construct, erect, repair, renew, alter, and main-

tain any wharves, landings, jetties, buildings, and

other structures necessary for any Government

ferry ;

(c) purchase, lease, hire, or otherwise obtain all boats, ships, vessels, gear, equipment, stores, chattels, effects, and things necessary for any Government ferry, and to repair, renew, replace, alter, and maintain the same ;

(d) extend or vary any existing or future Government

ferry ;

(e) do any other act, and purchase, lease, hire, or other- wise obtain any other thing which in the opinion of the Minister is necessary for or in connection with the provision, maintenance, and working of a Government ferry.

4. Where any land is required for the purpose of a Land required for a rryvneirany

Government ferry, such land may be taken or acquired fe b taken

under the provisions of the Public Works Act, 1902 ; and uriodgs tact 119

No. 14.] Government Ferries. [193:

for the purposes of this Act the term " Minister " in sectia eleven of the Public Works Act, 1902, includes the Ministe for Railways.

Commissioner to

manage Govern-	5. The Commissioner shall have the management an control of all existing and future Government ferries, and without limiting the generality of the power hereby con ferred, the Commissioner may
ment ferries.

(a) maintain and work all Government ferries ;

(b) exercise the powers conferred on the Minister b:

section three of this Act for the maintenance alteration, renewal, or repair of all Governmen ferries.

33y-laivs. 6. (1) The Commissioner may from time to time make alter, and repeal by-laws as to the following matters :—

(a) prescribing tolls, fares, or charges which may b( demanded or taken by the Commissioner fron any passenger or in respect of the carriage of goods ;

(b) regulating the use of Government ferries by pas- sengers and the number of passengers, and the quantity of goods which may be carried on each boat, ship, or vessel used in connection with a Government ferry ;

(c) prohibiting the committing of any nuisance upon

Government ferries ;

(d) generally for regulating the traffic on Government ferries, and the conduct of all persons employed on or about the same or travelling or being thereon ;

Provided that by-laws made by the Commissioner under paragraphs (b) and (d) hereof shall not be inconsistent with or repugnant to the provisions of the Navigation Act, 1904, the Boat Licensing Act, 1878, the Jetties Act, 1926, or the regulations made thereunder respectively, or to the pro- visions of any other Act or regulation relating to and operating in connection with waters in which the particular Government ferry is being worked ; and any such by-law which is so inconsistent or repugnant as aforesaid shall, to the extent by which it is so inconsistent or repugnant, be invalid ;

932.] Government Ferries. [No. 14.

Provided further, that any by-laws made under this ection shall extend to and operate over any wharves, etties, landings, structures, and buildings used or reputed o be used for the purposes of or in connection with a Gov- rnment ferry, notwithstanding that such wharves, jetties, andings, structures, or buildings have not been proclaimed o be part of a ferry.

(2) Any by-law may impose a penalty not exceeding

iwenty pounds for the breach thereof.

7.    No person shall obstruct any person acting under the Penalty for

authority of the Minister or the Commissioner in providing, Government"1

ferries.

naintaining, and working any Government ferry, or damage

my Government ferry.

Penalty : Fifty pounds.

Penalties for

8. No person shall— offences relating to

(a) while travelling, or, after having travelled on any fares, etc

Government ferry, avoid or attempt to avoid payment of his fare ; or

(b) having paid his fare for a certain distance, know- ingly and wilfully proceed on any Government ferry beyond such distance, and neglect to pay the additional fare for the additional distance, or attempt to avoid payment thereof ; or

(c) knowingly or wilfully refuse or neglect, on arriving

at the point to which he has paid his fare, to quit

such Government ferry ; or

(d) deface any notice placed by the Commissioner on

any part of a Government ferry ; or

(c) obstruct any person employed on or in connection

with any Government ferry in the performance of

his duty ; or

(f) behave in a violent or offensive manner to the an-

noyance of others on a Government ferry ; or

(g) refuse to leave any particular part of a Government ferry which is not open to the public when re- quired so to do by an employee of the Commis- sioner.

Penalty : Two pounds.

No. 14.] Government Ferries. [1932.

Commissioner may	9. If the breach or non-observance of any by-law is attended with danger or annoyance to the public, or hind- rance to the Commissioner in the conduct of his business, the Commissioner or any employee of the Commissioner may summarily interfere to obviate, remove, or stop such danger, annoyance, or hindrance, and that without affecting any penalty incurred by the offender.
Actions by the

interfere summarily.

All actions, suits, claims, and demands of the Crown relating to or arising from the management, maintenance, or control of any Government ferry, may be brought, main- tained, and enforced by and in the name of the Commis- sioner in any court of competent jurisdiction.

Commissioner. 10.

Actions against 11.

All actions, suits, claims, and demands against the Crown relating to or arising from the management, main- tenance, or control of any Government ferry shall be brought, maintained, and enforced against the Commis- sioner and not otherwise ; and, subject to the limitations and provisions of this Act, the Commissioner may be sued in respect thereof in any court of competent jurisdiction.

the Commissioner.

Notice and com-

(1) No action shall be maintainable against the (2) No such action shall be commenced until one month after a notice in writing is given to the Commissioner stating the cause of action and the name and address of the party about to sue.

mencement of 12.

action.

Commissioner for any cause, unless the action is commenced

within six months after its cause shall have arisen.

actions for per-

Plaintiffs in 13. No action shall lie or be brought or continued

sona/ injuries to against the Commissioner in respect of any injury to thesubmit to examina- tion. person, unless the person injured submits himself to ex-

amination by a medical practitioner or medical practi- tioners appointed by the Commissioner, at all such reason- able times as the Commissioner may require.

Limit of liability.

14. No damages exceeding two thousand pounds shall be recoverable in any action against the Commissioner in respect of loss of life or injury to the person, whether in the case of a passenger or not.

Receipts and

expenditure.

15. (1) All moneys received by way of rents, tolls,

fares, freights, carriage, or otherwise accruing from a

Government ferry shall be paid into the Public Account,

1932.] Government Ferries. [No. 14.

and, except as otherwise provided, form part of the Con- solidated Revenue Fund : Provided that the Commissioner may at the end of each financial year deduct from the moneys aforesaid such amount (not exceeding five per centum) as he shall deem it reasonable to deduct for depre- ciation of the assets and property used for the purposes of this Act, and such amount shall be paid to the Treasurer and used to reduce the liability on capital account of the Commissioner to the State Government in respect of Government Ferries.

(2) All expenditure incurred in the provision, main- tenance, alteration, repair, and management of Govern- ment ferries, all costs of administration, all contributions to funds for the replacement of depreciating property, and to reserve funds, and all interest, instalments of principal, or contributions to sinking funds in respect of borrowed money shall be defrayed out of moneys to be appropriated by Parliament for the purposes of this Act.

(3) This section shall be read together with the State Trading Concerns Act Amendment Act (No. 2), 1932.

16.    (1) All boats, ships, vessels, gear, equipment, Rtitgek

stores, effects, and things which have been charged to a vote of Parliament appropriated to the Government ferries, and which are no longer required for the purpose for which the same were obtained, may be taken over, valued, and placed in the Government Ferries Suspense Stock by the Comptroller of Stores, and the amount of such valuation shall be credited in the books of the Treasury to the Govern- ment Ferries Stores Adjustment Account, and the amount so credited shall be transferred to the credit of expendi- ture under the Consolidated Revenue Fund, or, with the concurrence of the Commissioner, to the credit of any head of expenditure.

(2) This section shall be read together with the State Trading Concerns Act Amendment Act (No. 2), 1932.

17.    (1) The Commissioner shall, once in every three ?,grkfue-rgi=

months, cause to be prepared a quarterly Government Ferries Working Account, showing the total gross receipts accruing from the Government ferries during the period covered by the account and the total expenditure upon the working, management, and maintenance during the same period.

No. 141 Government Ferries. [1932.

(2) Such account shall also show the gross cost of the provision of the Government ferries, including the cost of the acquisition of land, the construction and erection of wharves, landings, jetties, buildings, and other structures, and the cost incurred in the purchase of boats, ships, vessels, gear, and equipment, and of all incidental expendi- ture.

(3) All such accounts shall be published in the Govern- ment Gazette and shall be laid before Parliament.

Employees. 18.

All employees on Government ferries under the management and control of the Commissioner shall be employees in the Department of Government Railways, which is hereby extended to include all such Government ferries.

Exemption from

rates. 19.

No rate, tax, or assessment shall be made, charged, or levied on any Government ferry.

Commissioner

subject to pro-

visions of certain

other Acts and 20.

In the management, control, and working of all Government ferries, the Commissioner shall be subject to the provisions of, and have the same duties and obligations as are imposed upon private persons by the Navigation Act, 1904, the Boat Licensing Act, 1878, the Jetties Act, 1926, and the regulations made thereunder respectively, and any other Act and regulations relating to and operating in connection with waters in which Government ferries are being worked : Provided that this section and any Act or regulation aforesaid shall not apply so as to limit, restrict, or otherwise affect the right of the Commissioner to make by-laws prescribing tolls, fares, or charges which may be demanded or taken by the Commissioner from any passenger, or in respect of the carriage of goods at such rates or in such amounts and upon and subject to such conditions as the Commissioner may think fit.

regulations.