Metropolitan (Perth) Passenger Transport Trust Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

METROPOLITAN (PERTH) PASSENGER TRANSPORT

TRUST.

No. 93 of 1973.

AN ACT to amend the Metropolitan (Perth)

Passenger Transport Trust Act, 1957-1966.

[Assented to 27th December, 1973.]

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:-

1. (1) This Act may be cited as the Metropolitan nvitneon.

(Perth) Passenger Transport Trust Act Amendment

Act, 1973.

(2) In this Act the Metropolitan (Perth) Passen- MILLI

ger Transport Trust Act, 1957-1966, is referred to Ads by

11 of 1960•

as the principal Act.

9 of 1961,

113 of 1965.

(3) The principal Act as amended by this Act inif 1966.

may be cited as the Metropolitan (Perth) Passenger

Transport Trust Act, 1957-1973.

No. 93.] Metropolitan (Perth) [1973.

Passenger Transport Trust.

Commence-

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

to be fixed by proclamation.

Amendment

The long title of the principal Act is amended by adding before the word "in", in line seven, the passage "and of Providing Efficient Suburban Railway Passenger Services,".

to long title. 3.

Amendment

to section 4.	4.	Section 4 of the principal Act is amended
(Interpreta- tion.)

(a) by adding before the interpretation "func- tions" interpretations as follows

"Commission" means the body corporate by the name of The Western Australian Government Railways Commission, constituted under the Government Railways Act, 1904;

"Commissioner" means the Commis- sioner of the Western Australian Government Railways for the time being in office under the Government Railways Act, 1904; ;

(b) by adding before the interpretation "Trust" interpretations as follows

"railway" has the same meaning as it has in and for the purposes of the Government Railways Act, 1904;

"suburban railway passenger services" means passenger services on railways within the metropolitan area by means of rail conveyances travelling only between places in that area; .

Amendment

to section 7.	b. Section 7 of the principal Act is amended by passage ", as the three appointed members, and the Commissioner by virtue of his office under the Government Railways Act, 1904".
(Offices of	adding after the word "members", in line two, the
the Trust.)

1973.] Metropolitan (Perth) [No. 93.

Passenger Transport Trust.

Amendment

6. Section 8 of the principal Act is amended

to section 8.

(Appoint-

ments to

(a)	by adding before the word "members", in	offices.)
line two of subsection (1), the word "appointed"; and
(b)	by adding before the word "member", in line two of subsection (3), the words "an appointed".

7. Section 9 of the principal Act is amended

(Deputies.)

(a)	by adding before the word "members", in line two of subsection (1), the word "appointed";
(b)	by substituting for the words "a member", in line one of subsection (2), the words "an appointed member"; and

(c) by adding subsections as follows

The person appointed as deputy of the Commissioner under the Government Railways Act, 1904, is his deputy as a member of the Trust.

(3)

(4) During the absence of the Com- missioner as a member of the Trust his deputy is authorised to exercise any power, and to carry out any duty, which the Commissioner if present could exercise, or would be required to carry out under this Act. .

Amendment

8. Subsection (1) of section 10 of the principal Act is amended by deleting the words "when	to section 10.
members of(Salaries of
making appointments to the respective offices and	the Trust.)
thereafter", in the second last and last lines.

9. Section 11 of the principal Act is amended by to section 11.Amendment

deleting the words "when making appointments to	(Conditions of service of
the respective offices and thereafter", in the second	members of the Trust.)
last and last lines.

No. 93.] Metropolitan (Perth) [1973.

Passenger Transport Trust.

Amendment

to section 12. 10. Section 12 of the principal Act is amended

tion and	(Remunera- by substituting for the words "appointed to act",
conditions in lines two and three, the word "acting".
of service of
deputies.)
Amendment
to section 13. 11. Section 13 of the principal Act is amended
(Preserva- tion of (a) by substituting for the words "A member",
existing
rights.) being the first two words in the section, the words "An appointed member"; and

(b) by adding after the word "for", in line one, the word "such".

Amendment

to section 14.	12. Subsection (1) of section 14 of the principal
(Suspension

and removal

Act is amended by substituting for the words "A

of members

of the Trust.)

member", being the first two words in the

subsection, the words "An appointed member".

Amendment

to section 15	13. Subsection (1) of section 15 of the principal
(Gazettal of

appoint-	Act is amended by adding before the word
ments of
members.)	"members", in line two, the word "appointed".
Amendment

to section 17.	14. Section 17 of the principal Act is amended
(Quorum.)

(a)	by substituting for the passage "two, whether both are members or both are deputies, or one is a member and one is a deputy,", in lines five, six and seven, a passage as follows—"three, whether mem- bers or deputies,"; and
(b)	by deleting the word "appointed", in the second last line.

Repeal and

re-enactment 15. Section 23 of the principal Act is repealed

of section 23. and re-enacted as follows	(Functions
of the Trust.)

23. (1) The functions of the Trust are-

(a) to provide, maintain, protect, and manage, in accordance with, and subject to, the provisions of this Act,

1973.] Metropolitan (Perth) [No. 93.

Passenger Transport Trust.

efficient passenger transport facilities by vehicular service along routes over streets in the metropolitan area, and if necessary by ferry services on ferry service routes in that area, and to carry out works, and carry on undertakings, necessary and incidental thereto;

(b)	to provide through the Commission, in accordance with, and subject to, the provisions of this Act, efficient suburban railway passenger services, and to carry on undertakings necessary and incidental thereto; and
(c)	to give effect to the purposes of this Act generally.

(2) The Trust shall not acquire any railway. (3) The Commission shall operate suburban railway passenger services on behalf of and at the direction of the Trust in accordance with, and subject to, the provisions of this Act, and the powers of the Commission under the Government Railways Act, 1904, in respect of those services are modified accordingly.

(4) The Trust shall pay to the Commission such amounts of money as are the total expenses, including debt charges, incurred by the Commission in operating, maintaining, managing, and protecting suburban railway passenger services, which amounts if there is no agreement thereon by the Trust and the Commission shall be determined by the Treasurer.

(5) All revenue from the operation of suburban railway passenger services shall be received on behalf of the Trust and shall be paid or credited to it accordingly. .