Government Railways Act Amendment Act 1955 (WA)

No. 61.] Government Railways. [1955.

GOVERNMENT RAILWAYS.

4° Elizabeth II., No. LXI.

No. 61 of 1955.

AN ACT to amend the Government Railways Act,

1904-1954.

[Assented to 13th December, 1955.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

snort title

and citation 1. (1) This Act may be cited as the Government

Railways Act Amendment Act, 1955.

(2) In this Act, the Government Railways Act,

1904-1954,

Vol. 7

Reprinted	Act No. 23 of 1904, as reprinted with amendments
Approved for
reprint	to and including Act No. 86 of 1953 incorporated
26/10/1953.

Acta.

1955.] Government Railways. [No. 61.

pursuant to the Amendments Incorporation Act, 1938, and as further amended by Acts Nos. 13 and 73 of 1954,

is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Government Railways Act, 1904-1955.

S.39

Section thirty-nine of the principal Act is amended by adding after the word, "pounds" in line one, the passage, ", where the cause of action arose before the day of the coming into operation of the Railways Act Amendment Act, 1955, or exceeding six thousand pounds, where the cause of action arises on or after that day,".	amended.
S. 63

2.

3. Section sixty-three of the principal Act is ame nded.

amended

(a)	by adding before the words, "The Commis- sion" in line one, the subsection designa- tion, "(1)";
(b)	by adding before the word, "Every" in line six, the subsection designation, "(2)";
(c)	by adding after the word, "years" in line seven, the words, "unless a longer period is authorised under section (3) of this section"; and
(d)	by adding the following subsection:

(3) Where the Minister is of opinion that because of the special circumstances of the case, the granting of a lease for a period exceeding twenty-one years is justified, the Minister may, by written authorisation signed by him, and con- taining such conditions, if any, as he thinks fit, authoriSe the Commission to grant the lease for such period exceeding twenty-one years but not exceeding fifty years as the Minister specifies in the authorisation.

1955.] Government Railways. [No. 61.

S. 73	4. Section seventy-three of the principal Act is
amended.

amended

(a)

by adding after the word, "and" in line three, the passage, "may, without prejudic- ing or otherwise affecting any other authority the Commission has to act by agents, delegate any of the powers con- ferred upon the Commission by this section, in such manner, for such period, and subject to such conditions, if any, as the Commis- sion deems fit, and the delegate may exer- cise the powers in accordance with the delegation, but neither the Commission nor the delegate shall"; and

(b)

by deleting the words, "shall not" in line four.

S.77

amended. 5. Section seventy-seven of the principal Act is

amended

(a)	by adding after the word, "is" in line two, the passage, ", under section seventy-three of this Act,";
(b)	by deleting the words, "by the Commis- sion or any person acting with its authority" in lines one and two of subsec- tion (3); and
(c)	by deleting the words "one year" being the last two words in the section and substitut- ing the words "three months".