GOVERNMENT RAILWAYS
(AMENDMENT) ACT.
Act No. 39, 1930.
An Act to confer certain further powers on the Railway Commissioners for New South Wales; to amend the Government Railways Acts, 1912-1928, in certain respects; and for purposes connected therewith. [Assen ted to, 25th June, 1930.]
| i t enacted by t h e K i n g ' s Most Exce l l en t Majes ty , lat ive Counci l and Legis la t ive Assembly of | BE | by and wi th t he advice and consent of t he Legis |
| W a l e s in Pa r l i amen t assembled, and by | the au thor i ty | of |
| t he same, as follows :— |
| 1. | (1) This Ac t | m a y | be ci ted as | t he | " G o v e r n m e n t |
| Ra i lways | (Amendmen t ) Ac t , 1030 , " and | shal l be | read |
| w i t h t he Gove rnmen t | Rai lways Acts , 1912-1928, | as |
| twen ty - four t he words " upon the rai lways " ; | (b) |
amended by subsequen t Acts .
| (2) | T h e | G o v e r n m e n t | Ra i lways | Ac t s , | 1912-1928 , |
| as so amended , is in this A c t referred to as t he | P r inc ipa l |
| Act . |
| (3) The Pr inc ipa l Ac t , as amended by th is | Ac t , |
| m a y | be | cited | as | the | G o v e r n m e n t | Ra i lways | Ac t s , |
1912-1930 .
| 2. | T h e | Pr inc ipa l | A c t | is | a m e n d e d — |
| (a) by o m i t t i n g | from subsect ion one of | section |
| (b) (i) by | omi t t i ng | p a r a g r a p h s | (a) | and | (b) | of |
section s ixteen ;
(ii) by inserting at the end of the same section t he following new paragraphs and sub section : —
| (d) | appoint places at any distance from the ra i lway as depots a t which to receive or deliver, or cause to be received or delivered, livestock, goods, parcels, and passengers ' luggage , or anv of them, to he forwarded to or received from the ra i lways ; |
| (e) | collect or cause to he collected from any place l ivestock, goods, parcels, and passengers ' luggage, or any of |
| t h e m , | for | carr iage | by | r a i lway ; | |
| (f) | deliver, or cause to be delivered, at any place l ivestock, goods, parce ls , and passengers ' luggage , or any of t h e m which have been carr ied by railway ; |
| (g) | carry, or cause to he carried, wholly or par t ly by road livestock, goods, parcels , and passengers ' luggage , or any of t hem, collected or received for carriage and whether or not tendered and accepted for carr iage by rai lway, and deliver the same or cause t h e m to be delivered a t any place on t h e |
| ra i lways or outside the l imits thereof ; |
| (h) | act as the agent of the consignor for t he collection of money from t h e consignee on the del ivery of any goods, parcels , and l ivestock, or any of them, collected or received for carr iage , and give a valid d ischarge for a n v monev so collected ; |
(i) const ruct , h i re , pu rchase , or otherwise acqu i re motor or o ther read vehicles, and use or ma in ta in t he same, or cause t h e m to be used or main ta ined , for
t h e
t h e carr iage by road to or from a rail w a y of l ivestock, goods, parcels , and passengers ' luggage , or any of t h e m ;
| (j) | do, execute, enter into, or perform all or any such acts , cont rac ts , or t h ings as they t h i n k necessary or proper for any one or more of the purposes of this section ; |
| (k) | take or acquire, with the approval of t h e Governor and under and subject to t he provisions of the Publ ic W o r k s Act , 1912, and this Act , any lands or premises which they consider neces sary for any of the purposes of this section. |
(2) The Commissioners shall not exercise the powers conferred by pa ragraph (i) of subsect ion one of this section of cons t ruc t ing or pu rchas ing motor or o the r road vehicles unless they satisfy the Governor t h a t they have not been able to m a k e satisfactory cont rac ts for t h e service to he under t aken , and the Governor approves of the exercise of the power.
| (c) | by inserting next after subsection two of sec |
| t ion | twen ty - fou r | the | following | new | sub- | |
sec t ions : —
(3) F o r the purpose of secur ing the carr iage and conveyance by the ra i lways of l ivestock or goods or parcels which in the opinion of t h e Commissioners may not be so secured if a toll
| or charge at the ra te prescribed is charged the | Commissioners may n o t w i t h s t a n d i n g the fore | |
| going provisions of this section direct in respect of t h e carr iage or conveyance of such l ivestock or goods or parcels in any par t icu lar case t he cha rg ing of a toll or cha rge lower t h a n the t h e n ex is t ing ra te of toll or cha rge so prescr ibed or the m a k i n g or giving of any concession w h e t h e r prescribed or not . |
| ( I ) | W h e r e | compet i t ion | with | t he | ra i lways |
by motor traffic exists t he Commissioners m a y en te r in to a cont rac t wi th any person to convey d u r i n g such period as is specified in t h e con t rac t t h e whole of his l ivestock, goods,
or
or parcels , or t he proport ion thereof there in specified a t a special r a t e or charge lower t h a n t h e prescr ibed ra te or cha rge or a t any pre scribed concession rate or cha rge or wi th any prescr ibed reba te or concession.
| (5) I n case of t he breach of any such cont rac t , | t h e | Commissioners | m a y , | wi th | t h e |
approval of t he Governor , direct t h a t a n addi t ional charge , no t being in excess of one half of t he prescribed charge t h e n in force, shal l be paid by the person who has m a d e such breach, in respect of such of his l ivestock or goods or parcels as are from t ime to t ime consigned by h im d u r i n g the whole or pa r t of
| t h e t hen | unexp i r ed | period | of t h e | cont rac t . |
| (d) | by omi t t i ng section twenty-five and by inse r t ing in lieu thereof t h e following new sec t ion :— |
(25) Tolls, fares, a n d charges shal l be paid to such persons , a t such places, and in such m a n n e r as may be prescr ibed or as t h e Com missioners may appoint .
| (e) | | (i) | by | inser t ing | a t | t i e | c o m m e n c e m e n t | of | |
| section thirty-five t he words | " S u b j e c t | to |
| (f) by | omi t t i ng | subsect ion | two of | section | t h i r t y - |
| n ine a n d | by | in se r t ing | in | l ieu | thereof | t h e |
| fol lowing | new | subsec t ions :— |
| (2) I n t h e first week of every m o n t h t he Commissioners | shal l | r epo r t | in w r i t i n g | to | t h e |
| Min i s t e r | the cases in | which | the i r powers | u n d e r |
subsect ions t h r ee and four of section t w e n t y - four have been exercised, w i th t he reasons for such exercise.
| (3) Any repor ts made u n d e r th i s | section |
| shal l be laid before | bo th Houses of | P a r l i a m e n t |
| wi th in | four teen | s i t t ing | days | if | P a r l i a m e n t | is |
| in session, a n d | if | not , w i t h i n | fourteen | s i t t ing |
| days | after | t h e | c o m m e n c e m e n t | of | t h e | n e x t |
| session. |
| I f e i ther H o u s e passes a resolut ion of | which |
| not ice has been given w i th in | fifteen | s i t t ing days |
af ter
after t h e repor t is laid before such House , dis a l lowing any special or addi t ional ra te , or any
| concession | m a d e such special or addi t ional | r a t e |
or concession shall cease to have effect.
| (g) by inser t ing a t the end of p a r a g r a p h (j) | of |
sect ion th ree t h e fol lowing words :—
A reference to a ra i lway also inc ludes a reference to any motor omnibus or v a n service or o the r mo to r vehicle or road service con ducted by t h e Commissioners unde r any
| 3 . | The | Pr inc ipa l | A c t is fu r ther | a m e n d e d — |
| (a) by omi t t i ng from subsect ion two of | section |
| 41c t h e words " t h e first day of J u l y , | one |
thousand nine h u n d r e d and t w e n t y - n i n e , " and by inse r t ing in lieu thereof t he words " a da te to be appoin ted by t h e Governor and notified by p roc lamat ion publ ished in t he Gazet te " ;
| (b) | by inserting at the end of section 41K the following new subsection : — |
(5) The provisions of this section in respect of s ink ing fund p a y m e n t s shall n o t be deemed to be, or to have been, in operat ion du r ing the financial year end ing on t h e th i r t i e th day of J u n e , one t h o u s a n d n ine h u n d r e d and th i r ty , b u t shal l commence and t ake effect as from a da te to be appoin ted by t h e Governor and notified by proclamat ion publ ished in t he
(c) (i) by inser t ing a t the end of section 4 1 L the following subsect ion :—
(2) The provisions of pa ragraphs (b) a n d (c) of th is section in respec t of s ink ing fund con t r ibu t ions shall n o t be deemed to be, or to have been, in operat ion du r ing t h e financial year end ing on the th i r t i e th day of J u n e one thousand n ine hundred and th i r ty , b u t shal l commence and t ake effect as from a da te to be appoin ted by the Governor and notified by proclamat ion p u b lished in the Gazet te .
(ii)
| (ii) | by inser t ing in p a r a g r a p h (c) of the | same |
| section | before | t he | word | " T r e a s u r e r " | t h e |
word " Colonial " ;
| (d) by inser t ing | a t t h e end of section 4 1 P t h e |
following subsection :—
(2) U n t i l such date as may be appointed in t h a t behalf by t he Governor and notilied by proclamat ion publ ished in the Gazet te , t he r e shall not be charged agains t , nor paid out of t h e fund, any a m o u n t by way of interest upon moneys provided for, or expended upon, lines of ra i lway or o the r au thor i sed capi ta l works
| whi ls t | unde r | cons t ruct ion . |
| 4 . | The Pr incipal Act | is fu r the r | a m e n d e d — |
| (a) by omi t t i ng pa rag raph (a) of section | eleven |
and by inser t ing in lieu thereof the following
| (a) | All railways and tramways, and all rol l ing stock heretofore cons t ruc ted a c d acqui red by or on behalf of 11 is Majes ty , and al l rail ways, t r amways , and rol l ing stock hereaf te r to be so cons t ruc ted or acquired. |
| (b)(i) | omi t t ing from | subsect ion one of section |
15A t he words " over t he rai lways " ;
(ii) by inserting in the same section after the
| words | " l e v e l | c r o s s i n g " | and | " c r o s s i n g " | |
| wherever occur r ing t h e words " b r i d g e s or |
| o ther means of crossing or passing over or |
| u n d e r | the ra i lways " ; | |
| (c) by o m i t t i n g from subsection | one of | section |
| nineteen | the | Avoids | " t o | ca r ry | upon | any |
r a i l w a y " and by in se r t ing in l ieu thereof " t o receive at any depot or to carry upon any ra i lway or o therwise " :
| (d) | by omitting paragraph (d) of subsection one of section th i r ty -n ine and also t h e word " and " immedia te ly preceding such pa ragraph ; |
(e) by omi t t ing section forty-one ;
| (f) | by o m i t t i n g subsect ion th ree of section | seventy- |
| two ; |
(g)
| (g) (i) by inser t ing in section s ix ty-e ight after | t h e |
word " ra i lways " t h e words " or of a n y motor or o ther vehicle used in connection the rewi th , or for t he collection, carr iage, and delivery of goods, l ivestock, parcels , or passengers ' luggage , or any of t h e m " ;
(ii) by inserting in the same section before the
| word | " s t a t i o n " | the | words | " l a n d , | depot , | |
| premises " ; |
| (h) | by inser t ing a t the end of section one | h u n d r e d |
| and ten the following words :— |
The Chief Commissioner may from t ime to t ime, by wr i t ing , delegate all or any of his powers and dut ies as a m e m b e r of the hoard to an Ass is tant Commissioner, and may in l ike m a n n e r revoke such delegat ion. The delegate shall while ac t ing unde r t he delegat ion be deemed to be a m e m b e r of and the cha i rman of the board.
(i) by omitting from subsection one of section
| one | hundred | and | th i r ty | the | words | " f o r t y | |
| s h i l l i n g s " | and by inser t ing in lieu | thereof | t he | |
| words | " t e n pounds in addi t ion to any | a m o u n t | |
| due as fare or difference in fa re . " |
| (J) (i) by omi t t i ng | from section one | hund red |
and forty-five the words " a s carr iers of
passengers " ;
| (ii) by o m i t t i n g | from | the same section | t he |
words " whi le be ing carried upon a n y rail
| be ing in or u p o n or a b o u t any s ta t ion, | way vested in the Commissioners or while |
| yard , land, or premises vested in or used by |
| |
| (k) by inser t ing in p a r a g r a p h s | (a) | and | (d) | of |
| section | s ix ty-one t h e words " serious " before |
| the | words | " p e r s o n a l | i n j u r y " | ; |
| (1) ,i) by inser t ing n e x t | after pa r ag raph one of |
section s ixty-four the following new para
| g raphs | :— |
| ( l a ) | F o r r egu la t i ng t h e t e rms and condi tions upon which goods or l ivestock |
or
| or parcels or | passengers ' l uggage |
will be collected or received or delivered, and for fixing charges for t h e collection or delivery thereof.
| (1B) | F o r | r egu la t i ng | t h e t e rms | and condi |
t ions u p o n w h i c h goods or l ivestock or parcels will be collected, received, carr ied, or delivered, subject to t he collection of monevs on the del iverv
thereof, and for fixing t h e ra te or
a m o u n t of commission to be charged for t h e collection of such moneys or to be deducted from moneys so col lected.
| (ii) by omi t t i ng from | pa rag raph two of t h e |
same section t h e words " or in any of t h e " a n d by inser t ing in l ieu thereof t he words " or vehicles or in or upon a n y of t h e lands, depots , premises " ;
(iii) by inserting in paragraph seven of the same section after t h e word " s u c h " t he words " land, depot, premises " ;
(iv) by inse r t ing in pa rag raph e ight of the same section af ter t h e word " s u c h " the words " land, depot , premises " ;
(v) by o m i t t i n g from p a r a g r a p h t en of t h e same sect ion t h e words " a t any such " a n d by in se r t i ng in l ieu thereof t he words " a t
| or upon any such land, depot, p remises , " |
| (vi) | b y o m i t t i n g from p a r a g r a p h eleven of t h e same section t h e words " a t any such " a n d by inse r t ing in l ieu thereof t he words " u p o n or a t a n y such land, depot, p remises , " ; |
| (vii) by | inse r t ing in pa r ag raph four teen | of | t h e |
same section after t he words " a n d of t he "
t he words " lands , depots , p remises , " ;
(viii) by inser t ing in p a r a g r a p h seventeen of the same section after t he words " and to a n y of t h e " t h e words " lands , depots , p remises , " ;
( ix)
(ix) by inserting at the end of the same section
| t h e | following | new | p a r a g r a p h s : — | |
| (33) F o r r egu la t i ng | generally the use and | |
m a i n t e n a n c e for t h e purposes of th i s A c t of motors or o ther road vehicles in t h e collection, carr iage, and delivery of goods, l ivestock, parcels, and
| (34) | F o r fixing and regu la t ing t he t imes a t and m a n n e r in which p a y m e n t s shall |
| be made | to a j u d g m e n t | credi tor | and | |
| general ly for ca r ry ing | in to effect | t he | |
| provisions of section 107A. |
| (35) | F o r prescr ibing any m a t t e r or t h i n g no t inconsis tent w i th this Act which is necessary or convenient to be pre scribed to give effect to any power, du ty , or au thor i ty of the Commis sioners unde r th is or any o ther Ac t . |
| 5 . | The | Pr inc ipa l | A c t | is fu r ther | a m e n d e d — |
| (a) | by omitting subsection one of section seventy- one and inser t ing in l ieu thereof the following new subsection: — |
| ( l ) | W h e n e v e r | the | Commissioners | requ i re |
p e r m a n e n t officers for positions which cannot be filled by the t ransfer or p romot ion of officers or by t h e a p p o i n t m e n t of persons whose names have been noted for emp loymen t b y t h e board of examiners in response to a n y
| adver t i sement , they shal l give pub l i c not ice |
thereof th ree t imes in a Sydney dai ly paper , and in coun t ry dis tr icts in a paper (if any) c i r cu la t ing in t h e dis t r ic t in which t h e posi t ions are to be filled ;
| (b) | by omitting subsection one of section seventy- |
| five and by in se r t ing | in | l ieu thereof | t h e | |
fol lowing new subsection :—
| ( l ) | Al l appo in tmen t s | shall be m a d e to | the |
lowest grade in each of t he var ious branches of t h e ra i lway service, and on p roba t ion only, for a period of six m o n t h s , excep t ing in cases whe re t h e person appoin ted has, before such
appo in tmen t , been a n officer, and in cases where vacancies or addi t ional p e r m a n e n t posi t ions c a n n o t be filled as provided by section s e v e n t y - s i x :
| Prov ided | t h a t | before a n y person who has |
| not , | before | his a p p o i n t m e n t , been | an | officer, |
is appo in ted to any grade o ther t h a n t h e lowest in any branch , t h e examiners shal l cert ify to t h e Commissioners t h a t t he re is no officer who is qualified to fill t h e posit ion and wi l l ing to accept a p p o i n t m e n t there to .
| (c) by in se r t ing | af ter | section | one h u n d r e d | and |
| seven | t h e fol lowing | new sec t ion : — |
107A. (1) "Where j u d g m e n t has been given by a n y cour t aga ins t any officer of, or con t r ac to r to , t h e Commissioners for t h e pay m e n t of any sum of money in respect of any dishonoured cheque or promissory note , or upon any gua ran tee or bond, or for r en t of any land or goods, or for goods supplied, or money lent to such officer or to such cont rac tor in connect ion wi th his cont rac t wi th t h e Commissioners, or for wages due by such con t rac to r in connect ion wi th such contract , t he person in whose favor t h e j u d g m e n t is given m a y serve on the Com
| missioners | a copy of t h e j u d g m e n t , | certified |
| u n d e r | t he | h a n d | of | t h e | reg is t ra r | or | o ther |
proper officer of t he cour t by wh ich t h e j u d g m e n t was delivered, or in wh ich i t was
| obta ined, and a s ta tu tory declara t ion s t a t i ng |
| t h a t | t h e | j u d g m e n t | has | n o t | been | satisfied | by | |
| t h e | j u d g m e n t | debtor | a n d | se t t ing | ou t | t he | |
| a m o u n t | due by | the | j u d g m e n t | debtor | u n d e r | |
| |
(2) U p o n the service upon t h e m of
| a copy of | a j u d g m e n t | and a s t a tu to ry | declara |
t ion in pu r suance of th i s section, t h e Com missioners shall , as soon as prac t icable , notify t h e j u d g m e n t debtor in wr i t i ng of t he service
| of t he copy | j u d g m e n t | and | s t a tu to ry | declarat ion |
| and | r e q u i r e | h im | to | s ta te | in | wr i t i ng , wi th in | a |
| t ime | to be specified | by t hem, w h e t h e r | t h e |
j u d g m e n t
j u d g m e n t has been satisfied, and if so, to furnish evidence in suppor t thereof, and if t he j u d g m e n t has no t been satisfied, to s ta te t he
| a m o u n t | t hen | due | u n d e r | it, |