Railway Commissioners Appointment Act 1906 (NSW)

8   Act No. 7, 1900.

Hallway Commissioners Appoinlment.

Act Xo. 7, 190C).

R . u i a v .w

COMMISSIONKIIS	All Act to dissolve the prescoit Ihiilway Com- inissioii; to provide for tin'. {ii)])oii)tiiieiit of ( Amiiiissioiiers to control the Ihiihvays and Tram ways; and to amend the Uovernm ent Ivailways Act. 1901, and the (iroveriiinent Rail­ ways (Commissioner's Salary) Act, 1901; and for purposes eonseipient on and incidental
A P P O tN T M K N T .

thereto. [SfJt S/ ' j i tnuher, 1900.]

T ) E it onacietl by tin; Xiny's tMost iXcelli'iit ]\r!ijcsiy, by and 'wiili

A ) tlu! advice and consent of tlu' Le^'islative Council and Ley'i.slativ(i Assembly of Xeiv South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short titlo. 1. This Act may he cited as the Pailway Commissioners

Appointment Act, 19!)(3,'’ and shall he construed with the Government ra ilways Act, Ibb l , la'reinaftc'r rel'erred to as the Principal Act.

C/oiniiionroiTionf.

2. This Act shall commpuc(; and take effect on and from a day to be appointed by the Governor by notification in the Gazette.

Dispolut ion of

Kriilway

3. On the day so appointed the present Pailway Commissioners shall cease to hold olilce, and may be paid, if not reappointed, from th(! Consolidated Pevenue Pund the amount of one y(\ar’s salary at tlie respective rates on Avhich their presemt salaries arc calculated, and shall not be entith'd to make any furtlnu’ claim.

Commission.

Ropoal of seoLioii 4-

of ih'incipal Act.

4. (1) Sectioir four of tin; Principal Act is rcpiriled, and the followim;' is inserted in its place : —

“ The authority to carry out this Act shall he the Chief Commissioner ap[)ainted as hereinafter provided. Tlie Chief Com­ missioner shall he a body coiporate by the name of the ‘ Chief Com­ missioner for Pailways and Tramways,’ and by that name shall have ])erpetual succession and a common seal, and be capable of suin^ and being sued, and, subj('ct to the provisions hereinaft('r contained, shall liavc power to tak(>, purchase, s(dl, lease, and hold lands, goods, chattels, and other property for the purposes of this Act. P u t no sab; or lease of any such lands, cxec'pt as provided in section twenty-one, shall have any force or effect until the same has been approved by the Governor.

“ All courts, judges, and persons acting judicially shall take

judicial notice of the common seal of the Chief Commissioner albxed

to anv document or notice, and shall presume that such seal was dulv

affixed.” "

( 2 )

Act No. 1900. 0

Itailwan Voiinnissioiiern vippoiii/moif.

(2) Provi(l('(l that tli(' ( ’tiiof Commissioner and eilhcv one of tlu' Assistant Commissioners shall to^'etlii'r In-ar and det('rmine appc'als nndor Division d of Part VPIE of the Primdpal Act, and the Clu('f Commissioner shall have a second or east in”' vot(' in (h'cidin”' such appeals.

(d) Sc'ctions ten, eleven, twa'lve, and tldrti'cn of tin'

Principal Act arc repealed.

5. (1) Snhscction one of section live of the Principal Act is repi'aled, and the lollowin” is mserti'd in its place' :—

.

1

1

̂

1

1

(• 1 1

•

•

•

1

1 •

•

̂

(U cl section o oi

I’lincipui Act.

“ ddie (iovernm' shall from time' to tiim' ai>point a Chief Com-

niissioiu'r, an Assistant Commissioner of Pailways, an Assistant

ComniissioiK'r of Tramways. ’

“ 'I’lie tirst a]i])ointmcnt shall he madt' at such time as tlu'

(loA'crnoi' thinks lit aftt'r the passin” of this Act.	•
“ I'iach such Commissioner shall. suhject to this Act, hold olilce for seven years from the date on n hich his appointim'nt takt's ell'i'ct
Provided that the (lovernor may, after the passin” and on or ht'fort' th(' commencement of this Act, appoint ])ersons who shall temporarily act as, and shall havt' the powers and duties of tin' Cliii'f Commissioner, the Assistant Commissimu'r of Pailways, and !h(' sVssi.stant Commissiom'r of d’ramways, ri'spectively, or any of such otricers, for such jicriods at such salarii'sand snhjeci to such conditions as the (iovc'rnor thinks l i t ; such appointments to taki' elTeet on the commenci'ment of this Act.
(2) Suhsection four of section livi' of the Ih'ineipal A el is amended hy adding' lie,' following words: —” If under this suhsec'tion one of the Assistant Commissioners is appointi'd to act as di'juily of the Chief Commissioiii'r or of the oilier Assi'-tant Commissiom'i'. the (iovi'rnoi' may a|)point a di'puty of such lii'st-ment ioni'd Assistant Commissioner.”

(d) Section ('ight of tin' Principal Act is r('[H'aled.

6. (1) Si'ction siv of the Princ'iiril Act is amended in the lollowing manner :— i'nnri,.ai ah.

(a)	The words •'•'Hh' Chief Commissioner” arc suhstituted for till' words ■'■'a Commissioner” where tirst occurring in that si'cl ion.
(h)

In piragrajih (a) the words ‘'such Commissioner” an' (2) Tlu' (iovi'i'iior, on the I'ec'ommendation of tlu' Chii'f

Commissioner, may snsju'iid or r<''nove from otllce tlii' Assistant Commissiom'r of Ihdlways, or the Assistant Comm isAom'r of Tramwavs.

‘ 7.

Act No. 7, 1906.

Itailicau Commissioners Appoinlment.

Ropeal of sort ion 9

7. Section nine of tlie ^Principal Act i.s rejx'ali'd, and tlio “ The Commissioners sliall respectively reeidvi' salaries not ('xceeding- the follmvii.g yearly rates :—Tlu' Chief Commissioner, tliree tliousand pounds; llu' Assistant Commissiom'r of Railways, one thousand livi' hnndred pounds; the Assistant Commissioner of 'ITamways, one thousand live hundred pounds.”

of Principal Act.

Colloiving is inserted in its jilace :—

A mondnicnt of

8 . In the unrepi'aled sections of the Principal Act, exci'jit sections eighty-eight and ninety-five, the expression “ Chief Com­ missioner” is inserted in lieu of the word “ Commissiom'rs,” and the further amendments set ont in the Schedule are madi' in tin'

o1 licr sections of

Princijial Act.

said Act. ■

In any rules, regulaticjiis, by-laws, and scales of tolls or charges mad(‘ under the Principal Act, references to the Commissioners as defined in that Act shall, ('xcept in relation to appeals, ho road as ri'ferences to the Chief Commissioner,

Save as aforesaid, nothing in this Act shall alh'ct any such ruh's, regulations, hy-laws, and scales of tolls or charges.

In any ^Vet other than tlu' Principal Act, and in any regulations

or by-laws thereunder, references to the Commissioners as defined in

the Principal Act shall hc'read as references to the Chief Commissioner.

Assistant

9. (1) The Assistant Commissioner of Pailways shall assist tlu' Chief Commissioner in his management of tin; Government Pailways and all matters relating thereto, and shall hc under the control of the Chief Commissioner.

Commissioner of

Railways.

Assistant	(d) The Assistant Commissioner of Tramways shall assist
Commissioner of

Tramways.	the Chief Commissioner in his management of the Government Tram­ ways and all niattc'is relating tliereto, and shall he under tlu; control of the Chief Commissionei'.
General
mauagement.	(3) At the reipiest of the Chief Commissioner the said Assistant Commissioners shall advise him as to matters alha-ting the general management of the Government Pailways and Trmnways.

S C H E D U L E .

Act No. 7, 1906.

Railioan Commissioners Appointment.

.S C H E D U L K

Ami'.iulmenlx o f I ’rinci/Kil Act.

Sect Ion 3. Itiscrl the following- (Icrmilion : “ Cliiel Conin iEsioner’’ nu'ans Cliief Coin-

missionei- foi- liail\\a\-.s and 'r ra im \’ay.s appoint('d u nder (Ids A c t ; niiiit in defnntion of “ ( 'oiniidssioners’’ the woril “ I t a i l w a y ’' and tlie M'ords “ or any “ jVet hereby I'epcaled ’

Section 13. Onjii “ their ” “ I d s ’’

St'ctions 17, ] S, and 30. Ooii/ “ l l ie n i” insert “ h i m ”

Section Id.	Omit “ th.ey th ink " insert	lie	th in k s ”
Section 30.	Omit “ th(dr ” lesr;/',' “ h i s ”'
Section 31.	Omit “ th e \’ ' insert “ h e ’’

Sections 33 3.'!, and 34. 0)irit “ th e i r " insert “ Ids '

Section 33.	Omit “ they ” insert “ he"’
Section 3.3.	Omit “ agents ’ insert “ a g e n t ”

Sect ions 33 and 21.	Omit “ t h e m ” insert “ h i m ”
Sect ions 3 1 and 37	Oiiiit “ t h i n k ' ’ insert “ t h i n k s ’

Section 37.	Omit “ a t a meeling sjieciallv called for tlial jnii'pose”
Section 3i I.	Omit “ they " insn-t “ he ’
Section .37.	Omit “ common c a r r ie rs ” insert “ a common c a r r i e r ”
Si'ction 3S.	Omit “ t h e i r ” i)isirt “ h i s ’’ ; o-niit “ t h e y ” insert “ h e ”
Section 31).	Omit “ { i \o y ’’ insert “ l i e ”

Section 10. 0)>iil “ t h e m ’’ insert “ h i m ”

Sections 13, 1 1, and 51. Omit “ t l u d r ” insert “ h i s ”

Section -dd. Omit “ thi 'v ” insm-t “ he ”

Sections (i.'i, 73, 73, 7G, 77, and d l . Omit “ t h e y ” insert “ h e ”

Section 73. Omit “ re ip d re ’' insert “ re ip d re s”

Si'ction 77. Omit “ h a v e ’’ aflei- “ (. 'ommissioners’’ in subsection (3) insert “ h a s ” ; omit

“ th ink ■’ ia.w'i-/ “ t h i n k s " ; omit “ thoic " insej-t ‘‘ h i s ’’

Section S.'t, subsection (1). Oniif “ three C om m iss ioners” insei't “ the Chief Commis­

sioner and th e two , \ s s is ta n t Com m iss ioners”

Sections 3!) and 93. Omit “ Seci’e ta ry to th e Commissioners ” insert “ Secretary to the

Chief Commissionei '”

Section 1)7. Omit “ th e m " insert “ h im "

Sections 93 ( i ) and (3) anil 1)9 (1) d. Omit “ them '” insert “ him ”

Section	101.	“ a Com m iss ioner’’	insert	“ t he Chief C om m iss ioner’’ ;	o » ? i t“ t h e y ”
inse/'t “ h e ”

Section 103). Omit “ they t h i n k ” insert “ he t h i n k s ”

Sect ion 111. Omit “ th e i r ’ insert “ Ids

Section 13.3. Omit “ carriei s ’’ insert a carr ier " ; omit “ them ” insert “ him

Act