Queensland Border To South Brisbane Railway Management Act of 1930 (21 Geo v No. 3) (Qld)

RAILWAYS. 21 GEO. Y. No. 3,1930. Border to South Brisbane Railway Etc., Act. PALMER DEVELOPMENT COY. LIMITED AGREEMENT RATIFICArflON. See MINING. QUARRIES, HELIDON STATE-SALE OF See TRADE. QUEENSLAND TRUSTEES. . See COMPANIES. 13281 RAILWAYS. An Act to Approve, Ratify, Confirm, and Provide 21 N G o B . O 3 . . Y. for the Carrying out an Agreement between the THT~ Railway Commissioners for New South Wales Q~ : : ~ s­ and the Commissioner for Railways of the BO; ~ ~ : HT( ) State of Queensland respecting the Operation ~ ~~ ~ ~~~ ~ of a certain line of Railway from' the MANAGE:- MENTAcT OF State of New South Wales into the State of 1930. Queensland, and for other purposes. [ASSENTED TO 26TH SEPTEMBER, 1930.] ,X7 HEREAS, pursuant to the provisions of *" The Preamble. Vl' South Brisbane-Kyogle-Grafton Railway Agreement Act of 1924," an Agreement made between the Prime Minister of the Commonwealth of Australia and the Premiers of the States of New South Wales and Queens- land relating to the construction of the South Brisbane- Kyogle-Grafton Railway was approved, ratified, and confirmed: And whereas by t" The South Brisbane-Kyogle- Gn1fton Railway Agreement Act of 1926," an Agreement made between the Commonwealth of Australia, Norris Garrett Bell, Commonwealth Railway Commissioner; James Fraser, the Chief Commissioner for Railways of New South Wales; and .Tames Walker Davidson, * 15 Geo. V. No. 10, 8upra, page 11197. -r 17 Geo. V. No. 21, SUpl'll, page 11815.

13282 RAILWAYS. Bm'del' to South Br1~ sbaHe Rail1eay, Etc., Act. 21 GEO. V. No. ;), Commissioner for Railways of Queensland (being the Railway Council constituted by the Agreement contained in the Schedule of *" The South Brisbane-Kyogle-Grafton Railway Agreement Act of 1924"); and the State of Queensland relating to the construction of Section Number Two of the South Brisbane-Kyogle-Grafton Railway, was approved, ratified, and confirmed: And whereas the Grafton-Kyogle to South Brisbane Railway is about to be completed and made ready for traffic: And whereas the Commissioner for RaHways for the State of Queensland has requested the Railway Commissioners for New South Wales to undertake the control, management, operation, working, and main- tenance of that part of the said railway which lies in Queensland (herein referred to as "the railway") on his behalf, which the said Railway Commissioners for New South Wales have consented to do: Schedule. And whereas an Agreement has been made and entered into between the Railway Commissioners for New South Wales, a body corporate under or by virtue of the provisions of "The Government Railways Act, 1912" (as amended), New South Wales, and The Commissioner for Railways, a body corporate under or by virtue of the provisions of t" The Railways Act of 1914" (as amended), Queensland, a copy of which is set out in the Schedule, respecting the operation of such railway from the State of New South Wales into the State of Queensland, subject to the ratification by the Parliaments of the State of Queensland and the State of New South Wales: And whereaR it is desirable on behalf of the State of Queensland to approve, ratify, confirm, and provide for the carrying out the said Agreement :- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. This Act may be cited as "The Queensland ~ ~ ~ 8tructioD. Border to South Brisbane Railway Management Act of 1930." Subject to this Act, this Act shall be read as * 15 Geo. V. No. 10, S1tpra" page 11197. t 5 Geo. V. Ko. 24, and amending Acts, 8upra, pages 7215 et seg.

RAILWAYS. 13283 1930. Border to S071th Brisbane Railway, Etc., Act. one with *" The South Brisbane-Kyogle-Grafton Railway AgreementAct of 1924" and t" The SouthBrisbane-Kyogle- G;afton Railway Agreement Act of 1926." 2. In this Act, unless the context otherwiseI~terpreta. indicates, the following terms have the meanings set tlOn. against them respectively, that is to say:- " The Agreement" means the Agreement, a COp! The of which is set out in the Schedule to this Agreement. Act ; Schedule. "Railway" means that part of the railway Railway. between Kyogle in the State of New South Wales and South Brisbane which is situate in the State of Queensland, and all the lands, works, stations, buildings, yards, and depots, and other the conveniences and appurtenances used, or to be used, in connection therewith, and includes any alteration, modification, deviation, or extension of or any addition to the same; "Operate" means and includes work, care for, Operate. control, manage, maintain, repair, renew, or alter: and "Operation" means and includes care, control, Operation. management, maintenance, repair, renewal, or alteration; " This Act"-This Act and the Schedule thereto. This Act. Schedule. 3. The Agreement made and entered into between Ratification the Railway Commissioners for New South Wales, aof body corporate under or by virtue of the provisions of Agreement. "The Government Railways Act, 1912" (as amended) New South Wales, and The Commissioner for Railways, a body corporate under or by virtue of the provisions of ~ "The Railways Act of 1914" (as amended) Queensland, a copy of which Agreement is set forth in the Schedule Schedullil. to this Act is hereby approved, ratified, and confirmed, and all matters and things done or performed prior to the commencement of this Act or to be done or performed under or pursuant to the said Agreement are approved, ratified, and confirmed, and are and shall be valid and effectual for all purposes whatever. * 15 Geo. V. No. 10, supra, page 11197. t 17 Geo. V. No. 21, supra, page 11815. t 5 Geo. V. No. 24 and amending Acts, supra, pages 7215 et seg.

13284 RAILWAYS. Border to South Brisbane Railway, Etc., Act. 21 GbO. V. 2\10. :3, Authority of 4. (1.) It is hereby declared that the Railway tNheewSStaotueth of Commissioners for the State of New South Wales shall, Wales to subject to this Act, have full power and authority, and ; i; ~ ~ ~~ . such power and authority is hereby granted and authorised, either wholly or to such extent as has been or may be arranged, to operate the railway, and do any act, duty, or thing, and shall have any right and exercise any power or authority which may be necessary or convenient for the operation of the railway, as though the railway were in the State of New South Wales and vested in the Railway Commissioners for the State of New South Wales under or in pursuance of "The Government Railway Acts, 1912-1930" for the State of New South Wales. And for the purposes of the above provisions the Railway Commissioners of New South Wales shall, subject to this Act, have full power and authority to- (a) Run trains on the line of railway and operate the said railway; (b) Collect and enforce the payment of rates in respect of· services rendered on or in connection with the said railway; (c) Demand for the use of such railway and in respect thereof, and for the carriage of goods, stock, minerals, mails, parcels, and passengers thereon, and for the loading and unloading of goods, stock, minerals, mails, and parcels such fares, freights, tolls, charges, and rates as are from time to time fixed by the Commissioner for Railways of Queensland and the Railway Commissioners of New South Wales. Application (2.) Any by-law or regulation made by the Railway of by-laws or Commissioners for the State of New South Wales under rpeugrusluaatinotntso or pursuan t t 0 "The Governmen t R al' 1way Ac t s, 1912- New South 1930" for the State of New South Wales in force at the ~ oa;:~nment commencement of this Act, or which hereafter may be Railway made pursuant to such lastmentioned Acts, or any Acts t; i~ : 1930. in amendment thereof or in substitution therefor and applicable to the said railway or the operation thereof shall apply thereto, and may be enforced by or against the said Railway Commissioners for the State of New South Wales in any court of competent jurisdiction in the State of Queensland.

RAILWAYS. 13285 1930. Bm'dC1' to South Brisbane Railway, Etc., Act. .(3.) Provided, however, that any penalties sanctioned Penalties or imposed by "The Government Railway Acts, 1912- ~ ~ ~ ~ v~ ~ ed in 1930" of New South vVales or any by-law or regulation Queensland. made thereunder for offences committed upon or in connection with the railway or the operation thereof may be recovered summarily in Queensland in the manner provided by *" The Justices Acts, 1886 to 1929" (or any Act am.ending the same). And all powers, authorities, and jurisdiction which may be necessary to grant, authorise, and confer such powers, authorities, and jurisdiction are hereby, by virtue of this Act, granted, authorised, and conferred accordingly. (4.) Any conviction or order made by the Police Magistrate or Justices in any such proceedings may be enforced as provided by the said Acts. Such penalties may be recovered by any person appointed in that tehalf by the Railway Commis- sioners of New South 'iV ales. The production of a document purporting to be signed by the said Commissioners appointing a person therein named to recover such penalties shall be sufficient evidence that the person therein named has been duly appointed as aforesaid, and shall be evidence that the person producing such document is the person thereby appointed and approved. Any documeI!t purporting to be a copy of any such law, by-law, or regulation, and to be printed by the Government Printer of the State of New South Wales, shall in all proceedings for such penalties be sufficient evidence that the law, by-law, or regulation in the words of such document was duly made by the said Commissioners, and shall be evidence that it is still in force. 5. Notwithstanding anything contained in t" The Conditions Industrial Conciliation and ArbitrationAct of 1929," or ~ ~ dt; eages any Act amending the same, or in " The Railways Acts, railway. 1914 to 1929," or any Act amending the same, it is hereby declared that, subject to this Act, in the operation of the railway by the Railway Commissioners of New South Wales the same conditions of employment (including claims and the settlement thereof under the Workers' * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et scq. t 20 Geo. V. No. 28, supra, page 12565. ]d

13286 RAILWAYS. Border to 80nth Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, Compensation Act) and rates of salaries or wages shall be observed and paid to the employees of the Railway Commissioners of New South Wales as if the employees employed in or in connection with the railway or the operation thereof were at any material time employed by the said Railway Commissioners in the State of New South Wales, and such conditions of employment and rates of salaries or wages may be enforced and recovered in any court of competent jurisdiction in Queensland. Moreover, any employee of the Commissioner for Railways of Queensland who shall be transferred to the service of the Railway Commissioners of New South Wales under and in pursuance of the said agreement shall be subject to the same conditions of employment and rates of salaries or wages as if such employee were at any material time employed by the Railway Commis- sioners of New South vVales in the State of New South V\Tales. Limitation 6. (1.) It is hereby declared that in any action wofitdhamreasgpeesct brought agam. st the R a ' I lway Comml. ss.IOners 0 f New to personal South Wales to recover damages or compensation in accidents. respect of personal injury, the limit of damages or compensation shall not exceed the limit of damages or compensation as is prescribed by "The Government Railway Acts, 1912-1930" (or any Act in amendment thereof or in substitution therefor) of the State of New South Wales for such damages or compensation. Limitation (2.) It is hereby declared that in any action brought ionf dreasmpaegctes against the Railway Commissioners of New South Wales of animals. to recover damages or compensation in respect of loss of or injury to any animal, the limit of damages or compensation shall not exceed the limit of damages or compensation as is prescribed by "The Government Railway Acts, 1912-1930" (or any Act in amendment thereof or in substitution therefor) of the State of New South Wales for such damages or compensation. Limitation It is hereby declared that in any action brought pI ? na f sdrseaesmnpgaegectress 0 ' f atogariencsot vtehre d Raamilawg ' aeys Coor mcmomispseionnseartIs . Oonf . NInewreSspoeuctth 0 W f atl h ees luggage. loss of or injury to any passenger's luggage, the limit of damages or compensation shall not exceed the limit of damages or compensation as is prescribed by "The Government Railway Acts, 1912-1930" (or any Act in

RAILWAYS. 13287 1930. Border to South Brisbane Railway, Etc., Act. amendment thereof or in substitution therefor) of the State of New South Wales for such damages or compensation. 7. The Commissioner may, from time to time, Arrange- arrange with the Railway Commissioners of New South ments for Wales for any alteration, amendment, amplification, : ! : r~ : : , modifi0:ltion, or extension of, or addition to, or omission approval of from the agreement in any respect deemed to be g~~~ ~il~r in necessary or expedient for giving effect to the agreement and this Act or either qf them, and upon the approval thereof by the Governor in Council, the agreement shall remain or continue in force or effect as so altered or otherwise dealt with. 8. Subject to this Act, *"The Railway Acts, 1914 to Application 1929" (Queensland) (or any Act or amendment thereof of Railways or in substitution therefor) and any by-laws and regula- ~ ~ ! ~ ~ ! land tions thereunder at anv material time in force, and and New "The Government Railway Acts, 1912-1930" (New ~~ l~~ . South Wales) (or any Act in amendment thereof or in substitution therefor), and any by-laws and regulations made thereunder at any material time in force, shall extend and apply to the said railway and the operation thereof: Provided that where there is any inconsistency between such Railway laws of the State of Queensland and the State of New South Wales aforesaid in respect of the said railway, or in or in connection with the operation thereof, or any part of the said railway, or in or in connection with the operation of part thereof, and over and in connection with which railway or part thereof, or in or in connection with the operation of the railway or part thereof, the Commissioner for Railways of Queensland has any power, authority, and jurisdiction pursuant to this Act and the Schedule thereto, the Railways Acts and by-laws and regulations of the State of Queensland at any material time in force shall prevail, and the Govermpent Railways Acts and by-laws and regulations of the State of New South Wales shall, to the extent of such inconsistency, not apply and extend accordingly. ~ Save as aforesaid, in case of any inconsistency the Railway laws of the State of New South Wales shall apply and extend accordingly. * 5.0eo. V. No. 24 and amending Acts, 8upra, pages 7215 etseq.

13288 RpILWAYS. Border to Sonth Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, SCHEDULE. AGREEMEN'r made to operate from the date hereinafter mentioned and executed on the days hereinafter respectively mentioned BETWEEN the RAILWAY COMMISSIONERS FOR NEW SOU'l'H WALES a body corporate under or by virtue of the provisions of the GovernmentRailwaysAct1912 as amended and THE COMMISSIONER FOR RAILWAYS a body corporate under or by virtue of the provisions of The Railways Act 1914 (Queensland) as amended W HERK\S in pursuance of the provisions of the Grafton-Kyogle toSouthBrisbaneRailwayAgreementRatificationAct1924-1927 the Grafton-Kyogle to South Brisbane Railway is about to be completed and made ready for traffic AND WHEREAS The Commissioner for Railways (Queensland) has requested the Railway Commissioners for New South Wales to undertake the control manage- ment operation working and maintenance of that part of the said railway which lies in Queensland (hereinafter referred to as "the railway") on his behalf which the said Railway Commissioners for New South Wales have consented to do Now THIS AGREEMENT WITNESSETH and it is hereby agreed as follows:- Local Traffic in Queensland not to be catered fm·. 1. The railway shall not unless in pursuance of an arrangement in that tehalf by and between the parties hereto provide for local traffic in Queensland. Mail trains may be stopped at Bromelton to pick up or set down interstate passengers. New South Wales Rolling Stock tlO be Used. 2. The rolling stock for the operation of the railway shall be provided by the Railway Commissioners for New South Wales. Engines to be war'ked by New Sonth Wales Drivers and Firemen. 3. The locomotives used in the operation of the railway shall be worked by drivers and firemen employed by the Railway Commissioners for New South Wales. Three Queensland Drivers and three Q1leensland Fir'emen to be transferred to New South Wales. Subject to the requirements of Clause 7 hereof there shall be transferred from the service of 'rhe Commissioner for Railways (Queens- land) to the service of the Railway Commissioners for New South Wales not more than three drivers and three firemen to be employed where and as may be required by the Railway Commissioners for New South Wales. New South Wales to provide Officer in Charge Locomotive Depot at Yeerongpilly. '1'he Railway Commissioners for New South Wales shall provide the Officer in Charge (first mechanic) for the Locomotive Depot at Yeerongpilly.

1930. RAILWAYS. Border to South Brisbane Railway, Etc., Act. 13289 Queensland to provide Second Mechanic (if required) for Locomotive Depot, Yeerongpilly. If the Railway Commissioners for New South Wales shall require a second mechanic in the Locomotive Depot at Yeerongpilly such mechanic shall be selected from the staff of The Commissioner for Railways (Queensland) who conforms with the requirements of Clause 7 hereof and be transferred to the service of the Railway Commissioners, for New South Wales. New S01dh Wales to provide Shed Firemen and Cleaners at Locomotive Depot, Yeerongpilly. Such shed firemen and cleaners as may be required in case of emergency to act as drivers and firemen respectively and who must respectively have been passed as acting drivers and acting firemen shall be provided by the Railway Commissioners for New South Wales. Queensland to provide F1wlmen, Shed Labourers and any other employees requi1-ed at Locomotive Depot, Yeerongpilly. Shed firemen and cleaners (other than the above), fuelmen, shed labourers and other employees if any at the Locomotive Depot at Yeerongpilly shall in the first instance be selected from the staff of The Commissioner for Railways (Queensland) who conform with the requirements of Clause 7 hereof and be transferred to the service of the Railway Commissioners for New South Wales. New S01~ th Wales to prO'vide Wagon Examiners. The examiner who will deal with all rolling stock on the railway shall be provided by the Railway Commissioners for New South Wales. Queensland Electrician to attend to New South Wales Carriages. An electrician employed by The Commissioner for Railways: (Queensland) shall give attention to the electric lighting of the carriage stock on the railway as and when it is necessary and is required by the Railway Commissioners for New South Wales. Guards and Conductors to be prov'ided by New South Wales-TwO' Queensland Guards to be transferred to New South Wales. Guards and conductors employed on the railway shall be provided by the Railway Commissioners for New South Wales but in the first instance two guards may subject to the requirements of Clause 7 hereof be transferred from the service of The Commissioner for Railways. (Queensland) to the service of the Railway Commissioners for New South Wales. Shunting at South Brisbane and Clapham and between those places to' be carried out by New Sottth Wales Engine and Men and Queens- land Guard. 4. Shunting operations at South Brisbane and Clapham and between those places shall be carried out and controlled by a shunter or guard employed by The Commissioner for Railways (Queensland) using a locomotive provided by the Railway Commissioners for New South Wales worked by a driver and fireman similarly provided.

13290 RAILWAYS. Border to South Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, New South TV ales to provide Signalmen at Kagaru and Glenapp. The Railway Commissioners for New South Wales shall provide signalmen at Kagaru and Glenapp. Queensland to provide Signalmen at Clapham, Yeerongpilly and Smcth Brisbane. The Commissioner for Railways (Queensland) shall provide signalmen at Clapham, Yeerongpilly and South Brisbane. Queensland to provide all Traffic Employees at Clapham and S01dh Bn:sbane except one or two New South TV ales Clerks (for checking purposes) . Traffic employees at Clapham and South Brisbane with the exception of one or two clerks who may be provided by the Railway Commissioners for New South Wales for checking purposes shall be provided by and be under the control of The Commissioner for Railways (Queensland) . Queensland to provide Rest House Attendants at Yeerongpill'f and South Brisbane. Rest house attendants at Yeerongpilly and South Brisbane shall be selected from employees of The Commissioner for Railways (Queens- land) who conform with the requirements of Clause 7 hereof and shall be transferred to the service of the Railway Commissioners for New South Wales. New South TV ales to maintain Main Line and all Sidings between the Border and Sotcth Brisbane, including thr'ee feet six inches gauge sidings at Yeerongpilly Locomotive Depot and Clapham. 5. The Railway Commissioners for New South Wales shall maintain the main line and sidings and the sidings at Glenapp and Kagaru; the main line and sidings at Clapham and Yeerongpilly and the sidings from the Queensland line into Yeerongpilly and Clapham yards from the points of clearance of the Queensland line; the diamond crossings on the triangular connection from the Corinda branch to Yeerongpilly where the same are crossed by the South Brisbane to Kyogle Railway to the points of clearance; and the sidings in the South Brisbane station yard in connection with the railway. Queensland to maintain aU Buildings and Signal Cabins. The Commissioner for Railways (Queensland) shall maintain all buildings and signal cabins on the railway. New South TV ales to maintain Electric Staff and Telephones also S'ignalling and Interlocking at Glenapp and Kagaru. The Railway Commissioners for New South Wales shall maintain the line wires from the border to a point near Salisbury where the same cease to be a separate unit and come into contact with the wires of the Queensland south coast railway and are attached to the poles used in connection with the Queensland railway; the signalling and inter- locking at Glenapp and Kagaru; and the electric staff appliances and telephones on the railway.

1930. RAILWAYS. Border to South Brisbane Railway, Etc., Act. 13291 Queensland to maintain Interlocking and Signalling at Clapham, Yeerongpilly and South Brisbane. The Commissioner for Railways (Queensland) shall maintain the interlocking and signalling apparatus at Clapham, Yeerongpilly and at the South Brisbane station in connection with the railway. New South Wales to Maintain Coni1'ol and Operate Water Supplies. The Railway Commissioners for New South Wales shall maintain control and operate the locomotive water supply on the railway. Nine G.angers and Thitrty-six Fettlers on the Queensland Staff to b, ~ Transfm'red to New Sot~ th Wales Staff. The Railway Commissioners for New South Wales shall subject to the requirements of Clause 7 hereof arrange for the transfer to their service of nine gangers and of fettlers to a number not exceeding thirty- six from the service of The Commissioner for Railways (Queensland). Rental of Cottages in Q11eensland to be Credited to Line: The rentals of cottages in Queensland occupied by gangers fettler8 or gatekeepers shall be credited to the railway (South Brisbane to Border section) at amounts current as rentals for such cottages on the Queensland railways. Queensland Railway Commissioner to Render Assistance in Emergency. 6. If in cases of emergency assistance is required The Commissioner for Railways (Queensland) shall render the same at the actual cost thereof. Conditions of Transfm" of Queensland Employees to New South Wales Staff. 7. The transfer of any employee from the service of The Commis- sioner for Railways (Queensland) to the service of the Railway Commis- sioners for New South Wales will only be made if such employee conforms with the medical and other requirements except age of the New South Wales service and if in any case there be no available employee who conforms with such requirements the employee in such case shall be provided by the Railway Commissioners for New South Wales. Any employee so transferred shall have his service with 'rhc Commissioner for Railways (Queensland) terminated and all and any rights to leave and retiring allowane.e or either of them which may have accrued to him if on such termination he had been duly retired shall remain in suspense to be allowed to him on the termination of his service with the Railway Commissioners for New South Wales or in respect of leave at such time as he may elect with the approval of the Railway Commissioners for New South Wales to take such leave. Service with the Railway Commissioners for New South Wales shall be according to New South Wales conditions entirely except that service with The Com- missioner for Railways (Queensland) shall be taken into account for determining rates of pay where due according to years of service. The right of a transferred employee to extended leave shall not be lost solely by reason of the fact that the employee concerned does not resume service under The Commissioner for Railways (Queensland).

13292 RAILWAYS. --------- ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Border to S01dh Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, At the termination of this agreement for any reason whatsoever any employee of the Railway Commissioners for New South vVales who was transferred to their service from the service of The Commissioner for Railways (Queensland) pursuant to the provisions of this agreement shall be re-transferred to the service of '1'he Commissioner for Railways (Queensland) . . Any service with the Railway Commissioners for New South Wales of any employee transferred from Queensland shall not be regarded fo:- any purpose whatsoever as service with or under The Commissioner for Railways (Queensland). Conditions of Filling Vacancies in PoS'itions Filled by Transferred Employees. Any vacancy arising from the death, resignation, dismissal or retirement of an employee transferred from the service of The Commis- sioner for Railways (Queensland) to the service of the Railway Commis- sioners for New South Wales shall be filled by an employee selected from the staff of The Commissioner for Railways (Queensland) who conforms with the requirements of this Clause and who shall subject in all respects hereto be transferred to the service of the Railway Commissioners for New South Wales. New South Wales Rules and Regulations to Apply. 8. The Rules and Regulations of the Railway Commissioners for New South ·Wales shall apply to the staff employed by them in working and maintaining the railway. Joint Inquiry Boards. In the event of an offence or irregularity coming to the knowledge of the Railway Commissioners for New South -Wales or the head of the branch concerned in New South Wales which is to form the subject of an inquiry it shall if it involves or is likely to involve a member of the staff of The Commissioner for Railways (Queensland) be brought under the notice of The Commissioner for Railways (Queensland) who may if he thinks fit appoint an officer to represent him on the Board of Inquiry. Similarly if an offence or irregularity shall come to the know- ledge of The Commissioner for Railways (Queensland) or the head of the branch concerned in Queensland which is to form the subject of a joint inquiry it shall if it involves or is likely to involve a member of the staff of the Railway Commissioners for New South Wales be brought under the notice of the Railway Commissioners for New South ",Vales who may if they think fit appoint an officer to represent them on the Board of Inquiry; but if through oversight or for any other reason any matter shall form the subject of inquiry without having been brought under the notice of the respective Commissioners the determination of the Board of Inquiry shall not on that account be affected it being left t{) the State concerned to pursue its own inquiry. Provided that if the determinations of the Boards of Inquiry in the respective Statu: ~ are in conflict a joint meeting of the Officers comprising both Boards may be arranged at the request of either State for the purpose {)f further investigating and reporting on the offence or irregularity.

1930. HAlLWAYS. Border to South Brisbane Railway, Etc., Act. 13293 Q1lecnsland Train Control Officer to Control Running of Trains on Q1wensland Section. 'rhe Station Master at South Brisbane station in connection with the railway and the Station Master or other Officer-in-chltrge at Clapham shall control the running of trains and direct the staff of the Railway Commissioners for New South Wales at the said South Brisbane station and Clapham and between those places subject to the directions of the Queensland Train Control officer ,vho shaJl in all other respects control the running of trains on the railway and shall notify the District Superin- tendent, South Grafton, of any arrangements he may make. The Commissioner for Railways (Queensland) or any officer appointed by him in connection with the working of this railway may in Queensland suspend from duty any employee of the Hailway Commis- sioners for Ncw South "Vales for misconduct. or for such other reason as such Oommissioner or other officer shall consider sufficient. Co-operation to A1Joid Delays to Rollirng Stock. 9. Employees of '1'he Oommissioner for Hailways (Queensland) shall as far as practicable avoid delay to rolling stock and shall work in co-operation with employees of the Hailway Commissioners for New South Wales. Dem1trr.age Detcntion and Diversion Charges to be in Accordance with New Smdh Wales Rates. Demurrage detention and diversion charges to the public shall be in accordance with By-laws made by the Hailway Commissioners for New South Wales and shall be allocated to the New South vVales section of the Grafton-Kyogle to South Brisbane line. No demurrage charges shall be payable by The Commissioner for Hailways (Queensland) to the Hailway Commissioners for 1\ew South Wales except those collected from the public. The Hailway COlil'lmissioners for New South Wales shall allow discretionary power to officers nominated by The Commis- sioner for Hailways (Queensland) in regard to remission in whole or in part of any demurrage charges. • No Alterat1'on in Services or Additional Stops or Facil,ities to be Provided Without Consent of Queensland Railway Commissioner. 10. The Commissioner for Railways (Queensland) shall be con- sulted with regard to any alteration of the service on the railway. No additional stops stopping places or facilities for handling any public traffic on the railway shall be undertaken or provided without the consent of The Commissioner for Hailways (Queensland). Leave and Privilege Pas. ~ es Not to be Avanable. 11. Travel on an annual leave or a privilege pass on the railway shall not be permitted by any express train or any division thereof unless such pass is specially endorsed to permit of such travel by such train.

13294 RAILWAYS. Border to South Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, Rates and Fares. 12. The existing bases of arbitrary Inter-system rates and fares shall be maintained except in instances where the combined local rates and fares are cheaper. In cases where rates and fares are charged on an arbitrary Inter- system basis no additional charge shall be made for the conveyance of passengers and goods between Grafton and South Grafton either by ferry or by road pending the completion of and running of trains over the Clarence River Bridge. Where rates and fares are computed on the combined local rates and fares any prescribed additional charge for transportation between Grafton and South Grafton may be made. In calculating the New South Wales proportion of arbitrary Intm~ ­ system rates and fares the Clarence River Bridge mileage of one mile and seventy-eight chains shall be added to the New South Wales mileage. For the purpose of computing Inter-system goods rates the New South Wales maximum rates shall apply both to and from Sydney. Excursion Tickets. Excursion tickets shall be available on the railway. Expenditure. 13. The working expenses of the Grafton-Kyogle to South Brisbane line of railway shall be calculated and distributed between the parts of the said line of railway in New South Wales and Queensland respectively as follows:- Permanent Way Branch Expenditure. The actual cost of the maintenance of the track station buildings depots and other works and structures as set out in the Classification of Working Expenses Accounts plus a proportion of the Branch Supervision expenditure distributed each month on the basis of the direct wages cost for the whole branch for the previous quarter. S1:gnalling Branch Expendit1tre. The actual cost of maintenance of signalling and interlocking signal boxes and other works as set out in the Classification of Working Expenses Accounts plus a proportion of the Branch Supervision EXpenditure distributed each month on the basis of the direct wages cost for the whole Branch for the previous quarter. In this agreement the term "train mileage" shall not include mileage run by light engines assisting engines or shunting engines. Locomotive Branch Expenditure. 'fhe cost of general supervision shall be calculated on the figures for the previous quarter on the basis of the train mileage for the whole system operated or to be operated by the Railway Commissioners for New South Wales and applied to the train mileage run each month on the parts of the said line of railway in New South Wales and Queens- land respectively. The cost of running superintendence shall be calculated on the figures for the previous quarter on the basis of the engine mileage for the whole system operated or to be operated by the Railway Commis- sioners for NErw South Wales and applied to the engine mileage run

RAILWAYS. 13295 1930. Border to Sonth Brisbane Railway, Etc., Act. €ach month on the parts of the said line of railway in New South Wales and Queensland respectively. The actual wages and expenses paid to locomotive drivers and firemen working on the sections Grafton to the Border and the Border to South Brisbane, plus the ascertained percentage of cost of holidays of drivers and firemen to direct wages for the previous quarter for the whole system operated or to be operated by the Railway Commissioners for New South Wales. The cost of running shed labour and supplies shall be calculated on the figures for the previous quarter on the basis of the engine miles for the whole system operated or to be operated by the Railway Commis- sioners for New South "Wales and applied to the engine miles run each month on the parts of the said line of railway in New South Wales and Queensland respectively. 1 Fuel-Actual cost of consumption to be ascertained from reports of Steam Shed Inspectors. . f Water-Actual or approximate quantities used to be ascertained from reports of '1'0 be distributed on the basis of the engine Steam Shed Inspectors. mileage run each month Oil, Tallow, Waste and Stores for Cleaners between Grafton and the J -Actual cost to be ascertained from reports of Steam Shed Inspectors. Border and the Border and South Brisbane. Injuries to employees and others-Actual cost. Other expenses-Actual cost. The cost of engine repairs shall be based on the engine milell run by each class of engine on the Grafton-Kyogle to South Brisbane line of railway multiplied by the ascertained cost of repairs per engine mile for that class of eRgine for the whole system operated or to be operated by the Railway Commissioners for New South Wales for the previous financial quarter and shall be distributed each month. Cost of Carriage Repai1's. The cost of carriage repairs shall be computed by multiplying the mileage run by each of the types of carriage on the Grafton-Kyogle to South Brisbane line of railway by the ascertained cost of repairs per car mile for each of those types of vehicles on the whole railway system operated or to be operated by the Railway Commissioners for New South Wales for the previous financial quarter and shall be distributed each month. Cost of Wagon Repairs. 'I.'he cost of wagon repairs shall be ,computed by multiplying the gross ton miles of the types of vehicles run on the Grafton-Kyogle to South Brisbane line of railway by the ascertained repair cost per 1,000 gross ton miles of those types of vehicles over the whole system operated or to be operated by the Railway Commissioners for New South Wales for the previous financial quarter. Cost of Examination of Vehicles. The cost of the examination and lubrication of vehicles shall be computed on the figures for the previous financial quarter on the basis of the gross ton miles for the whole system operated or to be operated by the Railway Commissioners for New South Wales and

13296 RAILWAYS. Border to South Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, applied to the gross ton miles run each month on the parts of the said line of railway in New South Wales and Queensland respectively. Traffic Branch Expenditure. The cost shall be calculated on the figures for the previous quarter on the basis of the train mileage for the whole system General Superintendence. Stationery, Printing and Advertising. operated or to be operated by the Railway Commissioners for New South Wales and applied to the train mileage run each month on the parts of the said line of railway in New South Wales and Queens- land respectively. . Station Yard and Services. Gatekeeping.· The actual cost between Grafton and the Border and between the Border and South Brisbane shall be debited each month to the New South Wales and Queensland parts of the line of railway respectively. Guards and Conductors-The actual wages and expenses of the guards and conductors working on the sections Grafton to the Border and the Border to South Brisbane plus the ascertained percentage cost of holidays of guards and conductors to the direct wages for the previous quarter for the whole system operated or to be operated by the Railway Commissioners for New South Wales. Actual cost if available to be distributed each month between Grafton and thE Border and the Border and South Brisbane or if the actual cost cannot be readily Cleaning, Icing and other services of carriages. Supplies for carriages. Light for carriages. ascertained the cost shall be computed on a passenger vehicle mileage basis on the figures for the previous quarter for the whole system operated or to be operated by the Railway Commissioners for New South Wales and distributed on a passenger vehicle mileage basis between the New South Wales and Queensland parts of the said line of railway respectively. Repairs and Renewals to Tarpaulins and Lashings. If the goods contents ton miles in respect of goods carried in open goods wagons can be readily ascertained cost of repairs and renewals to tarpaulins and lashings to be computed on the basis of the ratio of goods contents ton miles for the line of railway Grafton-Kyogle t() South Brisbane to similar goods contents ton miles for the whole system operated or to be operated by the Railway Commissioners for New South Wales on the figures for the previous quarter and on the percentage that the number of open goods wagons bears to the total number of wagons in stock and in use between Grafton and South Brisbane. If such goods contents ton miles as above cannot be readily ascer- tained then cost to be computed on the basis of the ratio of general goods contents ton miles for the said line of railway to the general goods contents ton miles for the whole system operated or to be operated by the Railway Commissioners for New South Wales on the figures for the previous quarter.

1930. RAILWAYS. Barder to Sauth Brisbane Railway, Etc., Act. 13297 Lass afand Damage to' Praperty and Goods Campensatian Persanal. The actual cost betwe!:'l1 Grafton and South Brisbane to be dis- tributed between the New South \Yales and Queensland portions of the line of railway on the basis of the train mileage run for the previous quarter between Grafton and the Border and the Border and South Brisbane. Injuries to' Employees-Other Expenses. The aetual cost between Grafton and South Brisbane to be dis- tributed between New South Wales and Queensland portions of the line of railway on the basis of the train mileage run for the current month between Grafton and the Border and the Border and South Brisbane: Provided however that no part of any damages or compensation payable in respect of any loss of or damage to goods or of personal injury to employees passengers or other persons or of any expense eonsequent thereupon arising from or through the running of any train on the line of railway between Grafton and the Queensland border for the purposes of New South -Wales loeal traffic unconnected with the railway shall be charged to the railway. Cost 0/ lV orking Casino Refreshment Room. Two-thirds of the cost of the working of the refreshment room at Casino shall be debited to the line from Grafton to the Border and one- third to the Railway Commissioners for New South ,Vales and dis- trilmted each month but this allocation shall be reviewed one veal' after this agreement takes effect and unless an allocation upon ano"ther basis is agreed upon this allocation shall continue until such agreement is reached. General Charges. The cost of general charges shall be calculated on the figures for the previous. quarter on the basis of the train mileage for the WllO:P system operated or to be operated by the Railway Commissioners for New S0uth Wales and applied to the train mileage run each month on the New South Wales and Queensland portions of the said line or railway respectively. Cost of Working Gra/ton Cas1'no and South Br'1: ~bane Stations. The expenditure at the stations at Graftonand Casino and at South Brisbane and the signalmen's wages at Yeerongpilly shall be distributed each month according to the proportion ascertained by taking the number of trains (excluding light and assisting engines) handled at each station in connection with the Grafton-Kyogle to South Brisbane line of railway in I'(~lation to the number of trains (excluding light and assisting engines) handled otherwise but this basis shall be revie,ved three months after the line rrom Grafton to South Brisbane has been opened for traffic and unless another basis is then agreed upon shall be continued. The full wages eost of the goods staff specially provided at SOHth Brigbun0 shall be charged to the railway. Cost ot lV orking Clapham. The cost of working Clapham transhipping station shall be dis- tributed each month equally between the Queensland Railways and the line between South Brisbane and the Border, with the exception of the wages of signalmen which shall be debited wholly to the latter.

13298 RAILWAYS. BordM' to South Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, Depreciation-How to be Estimated. Depreciation (to provide for renewals, replacements and obsoles- cence) to be calculated on the following bases:- Rolling Stock. Estimated Life. Years. Rate per cent. per Annum. Locomotives Carriages Wagons 30 35 35 Perl1ta1lent Way. Rails and fastening5 25 Sleepers 20 To be distributed each month 3.33 on t~ e same b~ ses as are ') 8[";, { preVIOusly herem set out i8~ 7 under the headings of . Repairs to Engines, Car- riages and Wagons. To be distributed each month 4·00 { on the basis of the actual G·OO capital cost in each State. To be computed on the cost ( per train mile for the pre- vious financial quarter for Workshops 1 I the whole system operated or to be operated by the 50 2·00 Railway Commissioners for Machinery 15 6·66 New South Wales applied to the train miles run on I the portions of the said line l of railwav in New South ""Vales and Queensland re- spectively. Stations and other buildings 50 To be distributed each month 2.00 { on ~ he basis. of the actual capItal cost m each State. Bridges ( To be distributed each month 60 ] .66"1 on the basis of the actual \ capital cost in each State. Sinking Fttnd-N 0 Debit to be Made Against. As neither the New South Wales nor Queensland Railways system is being debited with Sinking :B~ und charges at the date of this agreement under Clause 12 subclause 6, of the Agreement made between the Com- monwealth and the States of New South Wales and Queensland, no debit on this account shall be made against the working of the Grafton-Kyogle to South Brisbane line. Interest Charges-How to be Calculated. A proportion of the interest charges on the capital cost (as such cost is disclosed in the books of account of the New South 'Wales Railways) of rolling stock, workshops and machinery and on votes for the purchase of stores shall form a charge against the gross earnings of the Grafton- Kyogle to South Brisbane railway and proportion shall be ascertained by the following methods, and distributed monthly:- Rolling stock-To be calculated by taking for the previous financial year the engine and vehicle mileage over the whole system operated or tn bc operated by the Railway Commissioners for :New South Wales for the class of locomotives, carriages and wagons in use on the Grafton-Kyogle to South Brisbane line of railway in relation to the engine and vehicle mileage on such line of railway.

RAILWAYS. 13299 1930. Border to South Brisbane Railway, Etc., Act. Workshops and Machlnery.-To be calculated by taking for the previous financial year the train mileage for the whole system operated or to be operated by the Railway Commissioners for New South Wales in relation to the train mileage on the Grafton-Kyogle to South Brisbane line of railway. Purchase of Stores.-To be calculated by taking monthly the value of the stores issued on account of the railway in relation to the value of the stores issued on account of the whole system operated or to be operated by the Railway Commissioners for New South Wales. Earnings-How to be Distribilted Over Qtteensland and New South Wales Sections of Railway. Earnings Passenger Parrcels alftd Goods Traffic. Earnings from passenger parcels and other coaching traftic goods and livestock traffic carried at arbitrary Inter-system rates and fares shall be distributed monthly apportioned on a route mileage basis and each State's quota so arrived at shall be apportioned on a similar basis over the sections kept separately by each State. Where the combined local rates and fares are less than the arbitrary Inter-system rates and fares each State shall be accredited with its local mileage rate or fare. In the division of revenue neither party shall receive as its propor- tion less than 1/- per goods consignment nor ad. per parcels consignment. Local Earnings. All local earnings such as cloak room charges platform tickets rents and advertising at Grafton and Casino stations shall be apportioned according to the result obtained by taking the number of passenger trains handled at each station in connection with the Grafton-Kyogle to South Brisbane line of railway in relation to the number of passenger trains handled otherwise. At South Brisbane station in connection with the line where a separate service is provided for the said line of railway the whole of the local earnings shall be credited to the railway that is to say by way of example only the earnings from advertising on the Ittation at South Brisbane in connection with the railway and the walls thereof shall be wholly credited to the railway (South Brisbane to Border section) . Earnings of Refreshment Room Casino. The earnings of the refreshment rdom at Casino shall be credited in the proportion of two-thirds thereof to the line of railway from Grafton to the Border and one-third to the Railway Commissioners for New South Wales but this allocation shall be reviewed one year after this agreement takes effect and unless an allocation upon another basis is agreed upon this allocation shall continue until such agreement is reached. Earnings from Transhipping Charges Clapham. Earnings derived from transhipping at Clapham shall be divided equally between The Commissioner for Railways (Q:ueensland) and the line of railway from South Brisbane to the Border. Earnings from Sleeping Berths. The earnings from sleeping berth tickets shall be distributed monthly on a route mileage basis when sleeping cars are run through from Sydney to South Brisbane.

13300 RAILWAYS. Border to South Brisbane Railway, Etc., Act. 21 GEO. V. No. 3, 1930. Earnings from Reserved Seat Tickets. The State doing the booking of reserved seats shall retain the earnings from the sale of tickets therefor. Carriage of Mails. 'I.'he revenue from the carriage of mails shall be divided in respect of such carriage in New South Wales according to the proportion which the route mileage from Grafton to the Border bears to the total route miles of line of the State of New South Wales and in respect of such carriage in Queensland according to the proportion which the route mileage from the Border to South Brisbane bears to the total route miles of line in the State of Queensland but this method of calculation shall be reviewed in January 1931 and if another method of calculation is not then agreed upon shall continue until such agreement is reached. Legislation to Ratify Agreement. The Railway Commissioners for New South Wales and The Commis- sioner for Railways (Queensland) shall endeavour to ensure legislation to have this agreement ratified by the Parliaments of New South Wales and Queensland respectively and for purposes connected therewith. Period of Operat'ion of Agreement. Thi>l agreement shall take effect on the opening of the railway from Kyogle to South Brisbane and shall remain in force for the period of three years thereafter provided that either of the parties hereto may at any time and on any day during the currency of the first two years and nine months of this agreement terminate it by giving three months' notice in writing to the other party and after the expiration of the said two years and nine months the agreement if still in operation shall continue and remain in force for an indefinite period subject to termination by either party giving three months' notice in writing at any time and on any day to the other party as abovementioned. IN WITNESS WHEREOF the Common Seals of the Railway Commis- sioners for New South Wales and of The Commissioner for Railways 11ath been respectively hereunto affixed. 'fHE COMMON SEAL of RAILWAY COMMIS- 1 J SIONERS FOR NEW SOUTH WALES hath been I hSeerpetuemntboerduolnye atffhiXo,oue, sdanthdiS,nisniexteheunntdhreddayanodf W. J. CLEARY. thirty in the presence of- O. W. BRAIN. \V. H. NEWMAN, Secretary. THE COMMON SEAL of THE COMMIS- SIONER FOR RAILWAYS hath been hereunto duly affixed this nineteenth day of September one thousand nine hundred and thirty in the presence of- C. A. MURTON, Secretary. J. W. DAVIDSON.