Government Railways (Amendment) Act 1941 (NSW)

GOVERNMENT RAILWAYS (AMENDMENT)

ACT.

Act No. 40, 1941.

An Act to make further provision for and with respect to annual leave and retiring or extended leave for officers employed under the Government Railways Act, 1912, as amended by subsequent Acts; for this purpose to amend the said Act in certain respects; and for purposes connected there- with. [Assented to, 1st October, 1941.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . (1) This Act may be cited as the "Government Eailways (Amendment) Act, 1941."

(2) In this Act the Government Eailways Act, 1912-1934, as amended by subsequent Acts, is referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may

Provided that any officer who cannot take his
leave on any such bank or public holidays by reason that

be cited as the ' ' Government Eailways Act, 1912-1941.''

2 . The Principal Act is amended by omitting section 100A and by inserting in lieu thereof the following

section:—

100A. (1) Every officer shall be entitled to at least two weeks leave on full pay in respect of each twelve months of actual service, in addition to bank and public holidays observed throughout the State:

that he has been required to work on such days shall be entitled in lieu thereof to leave on full pay for the same number of days at some future time.

(2) Every officer who at the commencement of the Government Railways (Amendment) Act, 1941, has completed twenty years of actual service and who has, before such commencement, had at least one month's extended leave on full pay shall—

(a)	if he retires or is retired before the termina­ tion of the present war between His Majesty and Germany and her allies be entitled, upon such retirement, to at least two months retiring leave on full pay;
(b)	if still employed as an officer at such termination, be entitled to at least two months further extended leave on full pay. (3) Every officer who at the commencement

of the Government Railways (Amendment) Act, 1941, has completed twenty years of actual service, but who has not, before such commencement, had at least one month's extended leave on full pay, shall be entitled to at least one month's extended leave on full pay and shall—

(a)	if he retires or is retired before the termination of the said war, be entitled, upon such retirement, to at least two months retiring leave on full pay;
(b)	if still employed as an officer at such termination, be entitled to at least two months further extended leave on full pay. (4) Every officer who after the commence­

ment of the Government Railways (Amendment)

Act, 1941, and before the termination of the said war,	completes twenty years of actual service, shall be
entitled to at least one month's extended leave on full pay and shall—

(a)	if he retires or is retired before such termination, be entitled, upon such retire­ ment, to at least two months retiring leave on full pay;
(b)	if he is still employed as an officer at such termination, be entitled to at least two months further extended leave on full pay.

(5)

(5) Every officer who, after the commence­ ment of the Government Railways (Amendment) Act, 1941, and after the termination of the said war, completes twenty years of actual service, shall be entitled to at least three months extended leave on full pay.

(6) Any extended leave to which an officer is entitled under this section shall, if taken before the retirement of such officer, be so taken at such time as the exigencies of the railway service permit.

(7) The Commissioner for Railways may, if he is satisfied that exceptional circumstances warrant him so to do, grant permission to an officer who is entitled under this section to retiring leave to take such leave by way of extended leave before his retirement.

(8) (a) In this subsection "annual salaried officer" means an officer whose salary is not paid at an hourly, daily or weekly rate, but is paid at a yearly rate.

(b) Subsections two, three, four, five, six and seven of this section shall not extend to or in respect of an annual salaried officer.

(c) Every annual salaried officer, who, either before or after the commencement of this Act, has completed twenty years of service as an officer, shall be entitled to at least one month's extended leave on full pay:

Provided that an annual salaried officer, who, as an officer, has taken not less than one month's extended leave before the commencement of the Government Railways (Amendment) Act, 1941, shall

not be entitled to any further extended leave under this paragraph:

Provided further that an annual salaried officer, who, as an officer, has taken not less than one month's extended leave pursuant to subsection three or subsection four, or subsection five of this section, or not less than one month's retiring leave by way of extended leave pursuant to subsection seven of this section, shall not be entitled to any further leave under this paragraph.

NATIONAL