Government Railways Act Amendment Act 1958 (WA)

No. 17.] Government Railways. [1958.

GOVERNMENT RAILWAYS.

7° Elizabeth II., No. XVII.

No. 17 of 1958.

AN ACT to amend the Government Railways Act,

1904-1957.

[Assented to 6th October, 1958.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:—

ngretiagg,n	1 (1) This Act may be cited as the Government Railways Act Amendment Act, 1958.
(2) In this Act the Government Railways Act, 1904-1957, is referred to as the principal Act.
(3) The principal Act as amended by this Act may be cited as the Government Railways Act, 1904-1958.

1958.] Government Railways. [No. 17.

Commence-

2. This Act shall come into operation on a day ment.

to be fixed by proclamation.

3. Section eight of the principal Act is amended— S. 8 amended.

(a) by adding after subsection (3) the following subsection

(3a) The Governor may appoint a fit	Power for
Governor to

and proper person to be Commissioner,

appoint

Commis-

and may, without prejudice to the

sioner.

Cf. Common-

exercise of any power conferred by sub-

wealth

Railways

section (10) of this section, on the

Act, s. 6.

happening of any vacancy in the office, appoint a fit and proper person to the vacant office. ;

(b)	by adding after the word, "resigns" in line one of subparagraph (iv) of paragraph (a) of subsection (8), the passage, ", subject to acceptance of such resignation by the Governor";
(c)	by substituting for subparagraph (v) of paragraph (a) of subsection (8), the fol- lowing subparagraph

(v) except with the consent in writing of the Minister, in any wise partici- pates or claims to be entitled to participate in any profit, commission, benefit, or emolument, arising directly or indirectly from any contract or agreement made by or on behalf of the Government, whether the profit, commission, benefit, or emolument, is that of, or derived by, a party to the contract or any other person;

and

(d) by substituting for subsection (9) the following subsection

(9) (a) A person who is appointed Tenure of

Commissioner shall hold office, subject to ars'

subsection (8) of this section, for the term 1957,ig:37(g,

and Com-

for which he is appointed.

monwealth

Railways

Act, ss. 8

and 9.

No. 17.] Government Railways. [1958.

(b) A person shall not be appointed Commissioner for a term exceeding seven years.

(c) The Commissioner may from time to time be reappointed for any further term or terms not exceeding seven years for each term.

8. 10

amended. 4. Section ten of the principal Act is amended

(a) by substituting for the first paragraph in lines one to eight inclusive the following

If without the consent in writing of the Minister the Commissioner in any wise participates or claims to be entitled to participate in any profit, commission, benefit, or emolument, arising directly or indirectly from any contract or agree- ment made by or on behalf of the Government, whether the profit, com- mission, benefit, or emolument, is that of, or derived by, a party to the contract or any other person, he shall be guilty of a misdemeanour and be liable to imprisonment for any term not exceeding three years. ; and

(b) by deleting the proviso.

9. 80

amended. 5. Section eighty-six of the principal Act is amended by substituting for paragraph (2) the following paragraph

(2) Except with the consent in writing of the Minister, in any wise participate or claim to be entitled to participate in any profit, commission, benefit, or emolument, arising directly or indirectly from any contract or agreement made by or on behalf of the Government, whether the profit, commis- sion, benefit, or emolument, is that of, or derived by, a party to the contract or any other person; or .