Railway
Agreement (Queensland)
No.
41 of 1968
An Act relating
to a Supplemental Agreement between the Commonwealth and the State of
Queensland with respect to the Collinsville-Townsville-Mount Isa Railway.
[Assented to 19 June 1968]
BE it enacted by the Queen’s Most Excellent
Majesty, the Senate, and the House of Representatives of the Commonwealth of
Australia, as follows:—
Short
title.
1. This Act
may be cited as the Railway Agreement (Queensland) Act 1968.
Commencement.
2. This Act
shall come into operation on the day on which it receives the Royal Assent.
Approval
of agreement.
3. The
agreement a copy of which is set out in the Schedule to this Act is approved.
Financial
assistance to the State of Queensland.
4. The
advances provided for in the agreement referred to in the last preceding
section may be made, by way of financial assistance to the State of Queensland
on the terms and conditions contained in that agreement, out of the Loan Fund,
which is appropriated accordingly.
THE
SCHEDULE Section
3.
Supplemental Agreement
A Supplemental Agreement
made the Sixth day of May, One thousand nine hundred and sixty-eight between The Commonwealth of Australia (in this
agreement called ‘the Commonwealth’) of the one part and The State of Queensland (in this
agreement called ‘the State’) of the other part.
Whereas—
(a)by an agreement between the
Commonwealth and the State made the twenty-seventh day of September, 1961 (in
this agreement called’ the Principal Agreement’) provision was made for the
Commonwealth to grant financial assistance to the State for the purposes of
improving and increasing the rail facilities on the
Collinsville-Townsville-Mount Isa railway line;
(b)
the Principal Agreement was approved, and the payment of financial assistance
to the State on the terms and conditions provided thereby was authorised, by
the Parliament of the Commonwealth by the Railway Agreement (Queensland) Act
1961;
(c)
the Principal Agreement was approved and ratified by the Parliament of the
State by ‘The Collinsville-Townsville-Mount Isa Railway Agreement Act of 1961’;
(d)
it is proposed by the Commonwealth and the State that the financial assistance
to be provided by the Commonwealth to the State under the Principal Agreement
shall include a further amount, not exceeding Six hundred thousand dollars ($600,000)
The Schedule—continued
which was incurred by the State on the work but which was not
ascertained as being a cost of the work until after the thirtieth day of June,
1965, when the State became liable to commence repayments to the Commonwealth
of advances made by the Commonwealth under the Principal Agreement; and
(e)
in order to establish beyond doubt that the said amount may be advanced under
the Principal Agreement and to provide for the manner in which the State is to
repay that amount to the Commonwealth, it is desirable that an agreement
supplemental to the Principal Agreement be entered into between the
Commonwealth and the State and requisite that the approval of the Parliament of
the Commonwealth shall have been accorded to that supplemental agreement;
now it is hereby agreed
as follows:—
Approval
of agreement.
1. This
agreement shall have no force or effect and shall not be binding on either
party until it has been approved by the Parliament of the Commonwealth.
Operation
of agreement.
2. When
this agreement has been approved by the Parliament of the Commonwealth, it
shall come into force as an agreement supplemental to and to be read in
conjunction with the Principal Agreement and the Principal Agreement shall be
construed and have effect as affected by this agreement.
Additional
advance.
3. Subject
to compliance by the State with the provisions of the Principal Agreement as
affected by this agreement, the Treasurer may in addition to the advances made
under the Principal Agreement prior to the date of this agreement, make a
further advance to the State of an amount not exceeding Six hundred thousand
dollars ($600,000), towards the cost incurred by the State in completing the
work.
Interest.
4.—(1.) The
State shall pay to the Commonwealth interest on the amount of the advance made
by the Treasurer to the State under this agreement and for the time being not
repaid by the State at the rate provided by clause 7 of the Principal Agreement
in respect of advances made under the Principal Agreement.
(2.) Interest payable under this clause shall accrue
from the date on which the advance is made.
Repayment
of advances and interest thereon.
5. Subject
to the provisions of sub-clauses (2.) (3.) and (4.) of clause 8 of the
Principal Agreement, the State shall repay to the Commonwealth the amount of
the advance made by the Treasurer to the State in accordance with this
agreement, together with interest accruing from the date upon which the advance
was made, by equal semi-annual instalments, the first payment to be made on the
thirtieth day of June, or the thirty-first day of December, whichever is the
earlier date, that next succeeds the payment of the advance, and subsequent
payments to be made on each succeeding thirtieth day of June and thirty-first
day of December until the final payment on the thirty-first day of December,
1984.
Application
of the Principal Agreement.
6. Except
where inconsistent with the provisions of this agreement, the advance to be
made by the Treasurer in accordance with this agreement shall, for the purposes
of the operation of the Principal Agreement as affected by this agreement, be
deemed to be an advance under the Principal Agreement.
Definitions.
7. Words
and expressions used in this agreement to which meanings are attributed by the
Principal Agreement shall, except where the contrary intention appears, have
for the purposes of this agreement the respective meanings so attributed to
them.
In witness whereof
this agreement has been executed as at the day and year first above written.
Signed for and on behalf of
The Commonwealth of Australia by
the Right Honourable John Grey Gorton
the Prime Minister of the Commonwealth, in the presence of— C. L. Hewitt | J. G. GORTON
|
Signed for and on behalf of
The State of Queensland by the
Honourable Jack Charles Allen Pizzey,
the Premier of the State, in the presence of— C. H. Curtis | J. C. A. PIZZEY
|