New South Wales Government Engineering and Shipbuilding Undertaking Act 1943 (NSW)
NEW SOUTH WALES GOVERNMENT
ENGINEERING AND SHIPBUILDING
An Act to define the functions of the New South Wales Government Engineering and Ship- building Undertaking; to provide for the appointment of a Director of that Under- taking ; to make provision for and in relation to UNDERTAKING ACT.
Act No. 19, 1943.
to the keeping of certain accounts in the
Special Deposits Account in the Treasury
for the purposes of that Undertaking;
and for purposes connected therewith.[Assented to, 5th July, 1943.]
E it enacted by the K i n g ' s Most Exce l l en t Majes ty ,
| B by and with t he advice and consent of t he Legis lat ive Counci l and Legis la t ive Assembly | of N e w Sou th |
| "Wales in Pa r l i amen t | assembled, | and | by t he au thor i ty of |
t h e same, as follows :—-
P A R T I . P R E L I M I N A R Y .
| (1) This Act may be cited as the " N e w South Wales Government Engineer ing and Shipbuilding | Under t ak ing |
1.
| Act, | 1943 . " (2) This Act is divided into P a r t s as follows:— | |||||
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2 . I n this Act, unless the context or subject m a t t e r
otherwise indicates or requi res—
"Accoun t ing y e a r " means a period of twelve months
commencing on the first day of Apr i l and ending on the thirty-first day of March following.
" D i r e c t o r " means the Director for the time being
of the Under tak ing .
" P r e s c r i b e d " means prescr ibed by this Act or by
the regulat ions.
" R e g u l a t i o n s " means regulat ions made under this Act.
" U n d e r S e c r e t a r y " means the Unde r Sec re ta ry of the Depar tmen t of Public Works .
" U n d e r t a k i n g " means the New South Wales Gov ernment Eng ineer ing and Shipbuilding Under
taking.
PART
P A R T I I .
A D M I N I S T R A T I O N .
3 . The New South Wales Government Eng ineer ing and Shipbuilding Under tak ing shall be under the general management of the Director .
I n the management of the Under t ak ing the Director shall be subject to the control and direction of the Minister .
4 . The functions of the Under t ak ing shall include all types of engineer ing (including general engineer ing and mar ine engineer ing) , shipbuilding and ship r epa i r ing and docking and such work of a like or incidental charac te r as the Minis ter may from t ime to t ime approve , and shall also include any work or activity which is incidental o r supplementary to the performance of any of such func tions.
5 . (1) The Director of the New South Wales Gov ernment Eng inee r ing and Shipbui lding Unde r t ak ing shall be appointed by the Governor and shall be pa id such remunera t ion as may be determined by the Governor.
A person who is of or above the age of sixty-five yea r s shall not be appointed as Director .
(2) The provis ions of the Public Service Act, 1902, or of any Act amending tha t Act, shall not apply to the appoin tment of the Director , and the Director shall no t be subject to any of such Acts du r ing his t e rm of office.
(3) The Director shall, subject to this Act, be may be specified in the ins t rument of appointment , and appointed for such te rm, not exceeding seven years , a s be eligible for reappoin tment from Time to t ime. Any such reappoin tment shall be for such te rm, not
exceeding seven years , as may be specified in the ins t ru
ment of reappoin tment . (4) (a) The Direc tor shall be deemed to have vacated his office if he— (i) engages (whether in New South Wales or else where) dur ing his term of office in any paid employment outside the duties of his office;
(ii)
(ii) becomes bankrupt, compounds with his credi to rs , or makes an ass ignment of his sa la ry or estate for their benefit;
(iii) absents himself from duty for a period of more than fourteen consecutive days , except on leave
g ran ted by the Min is te r ; (iv.) becomes an insane person or pa t ien t or an incapable person within the meaning of the Lunacy Act of 1898;
(v) resigns his office by writing under his hand addressed to the Governor ;
(vi) is removed from office by the Governor.
(b) A Director who is in any wise personal ly concerned or in teres ted in any ba rga in or contract made by or on behalf of the Crown or the Minister for any purpose connected with or re la t ing to the Under tak ing , o r who in any wise par t ic ipa tes or claims to be entitled to par t ic ipa te in the profit of any such barga in or con t r ac t or in any benefit or emolument a r i s ing therefrom, shall thereby vacate his office as Director and shall be liable also upon summary conviction to a penal ty not
| exceeding | fifty | p o u n d s : |
Provided tha t a Director shall not vacate his office or
be liable to any pena l ty as aforesaid by reason only of—
(i) receiving or being entitled to receive any pay ment , benefit or emolument in consequence of his
appointment as Di rec to r ;
(ii) being beneficially interested in any newspaper
in which adver t i sements re la t ing to the t r ade or
business of the Under t ak ing m a y be inse r ted ; (iii) being a shareholder or member (but not a director or manage r ) of any incorpora ted com p a n y of more than twenty persons with which the Crown or the Minis ter or any person on behalf of the Crown or the Minis ter has entered into any ba rga in or contract for any purpose connected with or re la t ing to the Under tak ing .
(c) A Director shall be deemed to have vacated his office on the day upon which he a t ta ins the age of sixty-five years .
(5)
(5) The Governor may, for any cause which a p p e a r s to him sufficient,
remove
the
Director
from
office. (6) (a ) A person who, a t the da te of his appoint ment as Director , is an officer of the Public Service shall , in the event of his office as Director being discontinued or abolished, be entitled, if he is under the age of sixty years , to be appointed upon the recommendat ion of the Public Service B oa r d to some office in the Public Service not lower in classification and sa lary than tha t which he held immediately before his appoin tment as Director.
This p a r a g r a p h shall not, in the event of David Lyon McLar ty being appointed Director , apply to and in respect of the said David Lyon McLar ty .
(b) Nothing in this Act shall affect the r igh t s accrued or accruing under the Public Service Act, 1902, or unde r the Superannua t ion Acts , 1916-1940, or any Acts amending such Acts , to any person appointed a s Director , who is a t the time of his appoin tment or has been a t any t ime previous there to an officer of the Publ ic Service or an employee within the meaning of the Super annua t ion Acts, 1916-1940, or any amendment thereof.
(c) Any officer of the Public Service or person who is an employee within the meaning of the Super annua t ion Acts , 1916-1940, or any amendment thereof, appoin ted as Director shall continue to contr ibute to any fund or account and be entit led to receive any defer red or extended leave, and any payment , pension or g r a tu i t y
as if he were an officer or employee within the moaning of the Public Service Act, 1902, or the Superannua t ion Acts , 1916-1940, as the case may be, or any Acts amend ing such Acts , and for such purpose his service a s Director shall be deemed to be service for the purpose of
such Acts . (7) A depu ty may be appoin ted by the Governor to act for the Director du r ing the illness or absence of the Director and every such deputy shall, du r ing the t ime he acts as deputy, have the same powers , author i t ies , duties and functions as the Director and shall
receive
receive such sa la ry or remunera t ion as the Governor may
direct .
No person shall be concerned to enquire whether or not any occasion has ar isen requi r ing or au thor i s ing such depu ty so to act or as to the necessity or p ropr i e ty of such appoin tment and all such acts or th ings done or omitted by such deputy shall be as valid and effectual and shall have the same consequences as if the same had been done or omitted by the Director.
6 . (1) The Governor may, under and subject to the provis ions of the Public Service Act, 1902, as amended by subsequent Acts , appoint and employ such officers and employees as may be necessary for the purposes of this Act.
(2) The officers and employees so appointed or employed shall be subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts , dur ing their tenure of office or employment.
(3) The Director may, subject to subsection five of this section, appoint , employ and dismiss such casual employees as are deemed necessary for the purposes of the Under t ak ing and may fix wages and conditions of employment of such casual employees where such wages and conditions are not fixed in accordance with the p ro visions of any other Act.
The appointment of casual employees unde r this sub section shall not be subject to the provisions of the Publ ic Service Act, 1902, or any Act amending tha t Act, and a casual employee so appointed or employed shall no t be subject to the provisions of any such Act dur ing the
| per iod of his employment. |
(4) F o r the purposes of the Under t ak ing the Director may, subject to subsection five of this section, with the approva l of the Minister for the t ime being adminis te r ing the depar tment concerned, and on such t e rms as may be a r ranged , make use of the services of any of the officers or employees of any Government depar tment .
(5) The Director shall, as far as practicable, m a k e
use of the services of the professional and technical
staff employed in the Depar tment of Public Works , and
shall
shall not, without the previous consent of the Minister , engage or employ the services of other professional or technical advisers or consul tants .
P A R T I I I . F I N A N C E .
7. (1) The capi tal cost of the Under t ak ing is hereby declared to be the sum of th i r ty thousand six hundred and fifty-three pounds one shilling and ten pence as a t the twenty-eighth day of F e b r u a r y , one thousand nine hundred and forty-two, but may be added to or reduced as in this section provided.
The sum specified in this subsection shall bear in teres t .
(2) The Minis ter shall as soon as pract icable af ter
the thirty-first clay of March, one thousand nine hundred
and for ty- three, de termine the amount by which the
capital cost of the Under t ak ing shall be increased or
decreased by reason of expendi ture o r receipts du r ing
the per iod of th i r teen months immediately preceding,
and shall as soon as pract icable af ter the thirty-first day
of March in each succeeding yea r determine the amount
by which the capi tal cost of the Unde r t ak ing shall be
increased or decreased by reason of expendi ture orreceipts du r ing the accounting y e a r immediately
preceding.
The Minis ter shall notify in the Gazette the amount of such increase o r decrease.
In any such notification the Minis ter may declare tha t
the whole or any p a r t of any such increase is not to bear
interest .
W h e r e p a r t of the capi ta l cost of the U n d e r t a k i n g has
been so declared not to bear in teres t then in any fu ture notification made under this subsection the Minis ter shall s ta te tha t the amount is to be added to or deducted from tha t p a r t of the capi tal cost of the Under t ak ing which bears interest , or tha t p a r t of the capi ta l cost of the Unde r t ak ing which does not bear interest , or t ha t the amount is to be appor t ioned between such p a r t s .
Upon
Upon publication of any notification unde r this sub section the capital cost of the Under t ak ing shall be deemed to be al tered accordingly and such a l te ra t ion shall t ake effect from the date specified in the notification.
| I n | this | subsection | " e x p e n d i t u r e " | shall | include | the |
value (as determined by the Minis ter) of capi tal asse ts which the Minister has made available for use for the purposes of the Under tak ing , and " r e c e i p t s " shall include the value (as determined by the Minis ter) of capi tal asse ts which the Minister has wi thdrawn from use for the purposes of the Under tak ing .
(3) A notification shall not be made under sub section two of this section unless its t e rms shall have been approved by the Colonial T reasu re r .
8 . (1) An account shall be kept in the Special Deposi ts Account in the Treasu ry , to be called the " N e w South Wales Government Eng ineer ing and Shipbuilding Under taking Work ing Accoun t , " in this Act re fer red to as
| the | " W o r k i n g | Accoun t . " |
(2) (a) There shall be credited to the Work ing
Account—
(i) all revenue, earnings and moneys received from all sources in the course of the conduct of the
U n d e r t a k i n g ; and (ii) such amounts as may from time to time be
app rop r i a t ed by P a r l i a m e n t for the purpose .
(b) There shall be debited to the Work ing Account in respect of each accounting year the following charges in the order set out he reunder :—
Firstly,
all costs and expenses whatsoever of and incidental to the adminis t ra t ion , management and conduct of the Under tak ing , and also the costs of r epa i r and minor renewal of p lant and equipment of the Under tak ing , incurred in respect of the accounting y e a r ;
Secondly,
in teres t on the capi tal cost of the Under taking or, where a declarat ion has been made tha t p a r t of the capi tal cost is not to bear interest , on the in teres t bear ing p a r t of the capi ta l cost, in respect of the accounting year ,
at
at a r a t e or ra tes to be determined by the Colonial T reasu re r , but not exceeding the average ra te payable dur ing such accounting year by the Government for loan moneys and exchange at a r a t e or ra tes to be determined by the Colonial T rea su re r , the amount of which in teres t and exchange shall be credited to the Consolidated Revenue Fund .
The charge of in teres t by this p a r a g r a p h shall not include interes t payable in respect of any advance made by the Commonwealth to the S ta t e and expended or appl ied by the S ta te for or in connection with the establishment or conduct of the Under t ak ing and taken into account in fixing the capital cost of the Under taking.
Thirdly, contr ibut ions to the Depreciat ion Reserve Account.
Fourthly,
such contr ibut ions to the Consolidated Revenue F u n d as the Colonial T r e a s u r e r may from t ime to t ime d i rec t ; but in no case shall the total amount of the contr ibutions directed to be paid under this p a r a g r a p h in respect of any accounting yea r exceed such sum as will re imburse the S ta te for the amount of s ink ing fund charges payable by the S ta t e in respect of t ha t account ing year on the out s t and ing balance of loan moneys expended or applied by the S ta t e for or in connection wi th the establ ishment or conduct of the Unde r t ak
ing, and taken into account in fixing the capi ta l
cost of the Unde r t ak ing .
Fifthly,
an amount , in each accounting year , equiva lent to the amount payable by the S ta te to the Commonwealth in tha t accounting yea r in respect of in te res t and repayment of capi ta l on advances made by the Commonweal th to the S ta te and expended or applied by the S ta te for or in connection with the establ ishment or conduct of the Unde r t ak ing and taken into account in fixing the capital cost of the Under taking .
The
The amount of the charge under this pa ra
g r a p h shall be paid to the Colonial T reasu re r .
(3) Any balance remain ing af ter meet ing the cha rges re fer red to in subsection two of this section shall be appl ied ei ther in reduct ion of the capi tal cost of the Under t ak ing or otherwise for any purpose whatsoever of or re la t ing to the Under t ak ing or pa r t l y for one such purpose and par t ly for the other as the Minister may direct .
W h e r e any balance or p a r t thereof is so directed to be appl ied in reduction of the capital cost of the Under
t ak ing the same shall be pa id to the Colonial T reasu re r .
The Minis ter shall notify in the Gazette the amount
of any such reduct ion of the capi tal cost of the
Under t ak ing and, where a declarat ion has been made
t h a t p a r t of the capital cost is not to bea r in teres t ,
shall in such notification state tha t such reduct ion
is to be made from that p a r t of the capi ta l cost
of the Under tak ing which bears interest , or from tha t p a r t of the capi tal cost of the Under tak ing which does not bear interest , or t ha t such reduct ion is to be appor t ioned between such p a r t s . Upon publication of such notification the capi tal cost of the Under t ak ing shall be deemed to be al tered accordingly and such a l te ra t ion shall take effect as from the date specified in the notification.
9 . (1) An account shall be kept in the Special Deposi ts Account in the Treasury , to be called the ' ' New South Wales Government Engineer ing and Shipbuilding Under t ak ing Deprecia t ion Reserve Account," in this
| Act re fer red to as the "Deprec ia t ion Reserve | Accoun t . " |
(2) Contr ibut ions to the Depreciat ion Reserve
Account shall be credited to that account as soon as prac ticable after the thirty-first day of March, one thousand nine hundred and for ty- three, and after the same day in each succeeding year . Each such contr ibut ion shall be calculated as prescr ibed and shall be so calculated by reference to the total amount expended or applied on or before the thirty-first day of March next preceding upon the capi tal assets of the Under t ak ing (including the value , as determined by the Minister , of capital asse ts
| G | which |
which the Minis ter has made available for use for the purposes of the Under tak ing) af ter deducting therefrom the value of capi tal asse ts which have been disposed of ( including the value, as de termined by the Minister , of capi ta l asse ts which the Minis ter has wi thdrawn from use for the purposes of the Unde r t ak ing ) .
(3) The Work ing Account shall be credited half- year ly with in teres t on the uninvested dai ly credit bal ance of the Deprecia t ion Reserve Account a t such r a t e as the Colonial T r e a s u r e r may from time to t ime direct .
(4) The whole or any p a r t of the balance a t t he credit of the Deprecia t ion Reserve Account may be invested in Commonwealth Government securit ies and in teres t accruing from such investments shall be regu
lar ly added to the W o r k i n g Account. (5) The Deprecia t ion Reserve Account shall b e
d r a w n upon only for purposes of investment or re investment , or for renewing or replacing capi tal a s se t s
of the U n d e r t a k i n g : P rov ided tha t the Minis ter may from time to t ime author ise the expendi ture of any balance a t the credit of such account (which shall be deemed to include any amounts invested in pursuance of subsection four of this section) in excess of two-thirds of the value of the capi ta l assets of the Under t ak ing (ascer ta ined as here inaf ter in this subsection provided) towards extending the t r a d e or business of the Under tak ing or the capi tal a s se t s
thereof :
P rov ided fur ther tha t such sums as the Colonial
T r e a s u r e r m a y direct shall be applied out of such account towards the reduction of the capi ta l cost of the Under tak ing , but in no case shall the Colonial T r e a s u r e r give any such direction which would have the effect of reducing the amount s tanding to the credit of such account to less than two-thirds of the value of the capi tal assets of the Under t ak ing ascer ta ined as here in af ter in this subsection provided.
W h e r e any sums a re so directed to be applied in reduc
tion of the capi tal cost of the Under t ak ing they shall be
pa id to the Colonial T r e a s u r e r .
T h e
The Minis ter shall notify in the Gazette the amount of a n y such reduct ion of the capi tal cost of the Under t ak ing and, where a declarat ion has been made tha t p a r t of the capi ta l cost is not to bear in teres t , shall in such notification s ta te t ha t such reduct ion is made from tha t p a r t of the capi tal cost of the Under taking which bears interest or from tha t p a r t of the cap i t a l cost of the Under t ak ing which does not bear in teres t or tha t the reduction is to be appor t ioned between such p a r t s . Upon publication of such notification the capi ta l cost of the Under tak ing shall be deemed to be a l t e red accordingly and such a l tera t ion shall take effect as from the da te specified in the notification.
F o r the purposes of this subsection the value of the cap i ta l assets of the Under t ak ing a t any t ime shall be deemed to be the total amount expended or applied on or before the thirty-first day of March next preceding upon capi ta l assets of the Under tak ing (including the value, as determined by the Minister , of capi tal assets which the Minister has made available for use for the purposes of the Under tak ing) after deducting therefrom the value of capi ta l assets which have been disposed of (including the value, as determined by the Minister , of capital assets which the Minis ter has wi thdrawn from use for the
| purposes | of | the | Unde r t ak ing ) . |
(6) If the Minis ter considers the amount a t the credi t of the Work ing Account insufficient to meet the contr ibut ion refer red to in subsection two of this section, having r e g a r d to the charges refer red to in subsection two of section eight of this Act, such contr ibution or por t ion thereof may be allowed to remain a charge on
| the Work ing Account. |
1 0 . W h e n in any accounting year the revenue, earn ings a n d moneys received from all sources in the course of the conduct of the Under t ak ing are insufficient to meet the charges re fer red to in subsection two of section eight of this Act, the Colonial T r e a s u r e r may, out of moneys provided by Pa r l i amen t , p a y to the W o r k i n g Account the amount of such deficiency.
P A R T
P A R T IV . G E N E R A L .
1 1 . (1) F o r the purposes of and subject to the pro visions of this Act, the Minis ter may under the Publ ic Works Act, 1912, and any Act amending the same, pur chase any land. F o r the purposes of the Publ ic W o r k s Act, 1912, as amended by subsequent Acts , any such purchase shall be deemed to be for an author ised work, and the Minis ter shall be deemed to be the Const ruct ing Au tho r i t y within the meaning of the said Act as so- amended :
P rov ided tha t sections thir ty-four , thirty-five, thir ty-
six and thir ty-seven of the Public W o r k s Act, 1912, as amended by subsequent Acts , shall no t apply to any such purchase , bu t section thir ty-eight of such Act shal l , muta t i s mutand is , apply to and in respect of any con
t rac t s re la t ing to any such purchase . (2) F o r the purposes of this Act, the Minis ter may exchange lands vested in him as Cons t ruc t ing Author i ty unde r the Publ ic W o r k s Act, 1912, as amended by subsequent Acts , or unde r any other Act, for other lands . L a n d s acquired by exchange under this sub section shall be deemed for all purposes to have been acquired by the Minis ter as Const ruct ing Au thor i ty under the Publ ic W o r k s Act, 1912, as amended by subse quent Acts , for an author ised work.
(3) The Minis ter may make available for use f o r
the purposes of the Under t ak ing—
(a) any land for the time being vested in him as Const ruct ing Au tho r i t y unde r any Act and not requi red for the purpose for which the same
was acqui red ; (b) any land purchased or acquired by exchange under the au thor i ty of this Act.
The Minis ter may from time to t ime wi thd raw from use for the purposes of the Under t ak ing any land so made available.
The Director shall furnish to the Minis ter th rough the U n d e r Secre ta ry as soon as pract icable af ter the thirty-first day of March in each year , a full and pa r t icular r epor t in wr i t ing on the operat ions and activit ies of the Under tak ing , and shall a t all t imes keep the Minis ter fully and accurately informed r ega rd ing all
1 2 .
| m a t t e r s | re la t ing | to | the | Under tak ing . |
1 3 . (1) The Director shall cause to be kept p rope r books of account in relat ion to the Under t ak ing and as soon as pract icable af ter the thirty-first day of March in each year shall p r e p a r e and submit to the Audi tor - General s ta tements of account and balance sheet se t t ing for th a t rue s ta tement of the financial posit ion and t ransact ions of the Under t ak ing for the immediately preceding accounting year .
| Such s ta tements of account and balance sheet shall be in a form approved by the | auditor-general. |
The Audi tor-General shall examine and aud i t the said s ta tements of account and balance sheet and if found to be correct he shall so certify and sign the said s ta te ments of account and balance sheet.
Af ter such examinat ion and audi t the Director shall for thwith t r ansmi t the said s ta tements of account and balance sheet to the Minis ter through the U n d e r Secre tary .
(2) The Audi tor-General shall have in respect
of such audi t all the powers conferred on the Audi tor -
General by any law now or hereaf te r to be in force
| Act, 1902, and the Acts amending the same shall apply | re la t ing to the audi t of public accounts ; and the Audi t |
| to the Director and his officers and employees in the same manne r as it applies to accounting officers of public depar tmen t s . | |
| 1 4 . (1) The Governor may make regulat ions not inconsistent wi th this Act prescr ib ing all ma t t e r s which by th is Act a re required or permi t ted to be prescr ibed or which a re necessary or convenient to be prescr ibed for ca r ry ing out the provisions of this Act. |
(2)
(2) In particular and without prejudice to the
generality of subsection one of this section, the Governor may make regulations in respect of the following matters:—
(a)
the division of the capital assets of the Under taking into classifications for the purpose of calculating contributions to the Depreciation Reserve Account;
(b)
the determination of the amount expended or applied upon the capital assets of the Under taking contained in each classification as at the thirty-first day of March, one thousand nine hundred and forty-three, or at any time there after;
(c)
the rate at which contributions to the Deprecia tion Reserve Account shall be calculated for each classification.
(3) The regulations shall—
(a) be published in the Gazette;
(b)
take effect from the date of such publication or from a later date to be specified in the regula tions; and
(c)
be laid before both Houses of Parliament within fourteen sitting days after the publication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.
(4) If either House of Parliament passes a
resolution of which notice has been given at any time
within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon
cease to have effect.
GLEN
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