RAILWAY STANDARDIZATION AGREEMENT.
No. 50 of 1946.
An Act to authorize the Execution by or on behalf of the Commonwealth of an Agreement between the Commonwealth and the States of New South Wales, Victoria and South Australia in relation to the Standardization of certain Railways, to approve of the Raising of Loans for Defence purposes (namely, the Standardization of those Railways), and for other purposes.
[Assented to 15th August, 1946.]
BE it enacted by the King’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 Standardization Agreement Act 1946.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definition.
3. In this Act, “the Agreement” means the Agreement the execution of which is authorized by this Act.
Execution of agreement Authorized.
4. The execution, by or on behalf of the Commonwealth, of an agreement between the Commonwealth of Australia and the States of New South Wales, Victoria and South Australia substantially in accordance with the form contained in the Schedule to this Act is hereby authorized.
Approval of loans for defence purposes.
5. Loans to the Commonwealth for defence purposes (namely, the standardization of railways in accordance with the Agreement) are approved.
Incorporation of the Railways Standardization Board.
6.—(1.) The Railways Standardization Board established under the Agreement shall be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued in its corporate name.
(2.) All courts, judges and persons acting judicially shall take judicial notice of the seal of that Board affixed to any document and shall presume that it was duly affixed.
Employment of persons for the purpose of the Agreement.
7. Persons employed by the Commonwealth for the purpose of carrying out the Agreement shall not be subject to the Commonwealth Public Service Act 1922-1946 but shall be employed upon such terms and conditions as are prescribed.
Regulations.
8. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Agreement.
THE SCHEDULE. Section 4.
—
RAILWAYS STANDARDIZATION AGREEMENT.
AGREEMENT made the day of . One thousand nine hundred and forty-six between THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, THE STATE OF VICTORIA of the third part, and THE STATE OF SOUTH AUSTRALIA of the fourth part.
WHEREAS there are differences between the gauges of the railway lines of the parties:
AND WHEREAS in order to assist in the defence and development of Australia, to facilitate interstate trade and commerce, and to secure maximum efficiency and economy in railway operation, it is desirable to secure a uniform…
Overview
The Railway Standardization Agreement Act 1946 was enacted to authorize the Commonwealth of Australia, the states of New South Wales, Victoria, and South Australia to execute an agreement concerning the standardization of certain railways. The Act was passed by the Australian Parliament and received Royal Assent on 15 August 1946. The primary problem the Act aimed to address was the discrepancies in railway gauges between the states, which posed challenges for interstate trade, defence, and railway efficiency. The policy objective was to facilitate the standardization of railway gauges to a uniform standard to enhance operational efficiency and coordination among the parties involved. The Act authorized the execution of the Railway Standardization Agreement, approved loans for defence purposes related to the standardization, and established the Railways Standardization Board to oversee the implementation of the agreement.
Scope and Application
The Railway Standardization Agreement Act 1946 applies to the Commonwealth of Australia and the states of New South Wales, Victoria, and South Australia. The Act authorises the execution of an agreement for the standardization of railways between these entities and approves loans for defence purposes, specifically for the standardization of railways as per the Agreement. The agreement, detailed in the Schedule, involves the conversion of various railway lines to a standard gauge and the construction of new standard gauge lines, with each party responsible for certain aspects of the works. The Act also establishes the Railways Standardization Board and the Railways Council, which are tasked with overseeing and implementing the agreement. The Board has the authority to establish standards, control material allocation, and manage property and assets related to the standardization works. The Commonwealth is responsible for providing funds for the standardization works, with states contributing to costs based on population. The Act provides for the regulation of the employment of persons for the purpose of the Agreement, exempting them from the Commonwealth Public Service Act 1922-1946. The Act does not specify exclusions or exemptions but does outline the financial responsibilities and contributions of each party involved. The scope of the Act can be extended or restricted through regulations made by the Governor-General under the authority of the Act.
Key Provisions
- The Railway Standardization Agreement Act 1946 (C1946A00050) authorizes the execution of an agreement between the Commonwealth of Australia and the states of New South Wales, Victoria, and South Australia to standardize certain railways. Section 4 authorizes the execution of this Agreement, which is detailed in the Schedule. Section 5 approves loans to the Commonwealth for defence purposes related to railway standardization. Section 6 establishes the Railways Standardization Board as a body corporate with perpetual succession, capable of suing and being sued in its corporate name, and prescribes its composition and functions.
- The Act imposes several obligations on the parties involved. Section 7 specifies that persons employed by the Commonwealth for the purpose of carrying out the Agreement are not subject to the Commonwealth Public Service Act 1922-1946 but are employed on terms and conditions as prescribed. The Board, established under section 8, is tasked with collaborating with the parties to establish and publish common standards of design and construction for standard gauge railways, as outlined in section 16. The Board is also responsible for authorizing the execution of works by each party and issuing the necessary authority, as detailed in section 17.
- Failure to comply with the provisions of the Act may result in civil or criminal consequences. While the Act does not explicitly state penalties for breach, non-compliance with the obligations and requirements set forth in the Act could potentially lead to legal action or other consequences as determined by the courts. The Act emphasizes the importance of adhering to the established standards and procedures to ensure the successful execution of the standardization works and the efficient operation of the unified railway system.
- Area of Law
- Administrative Law
- Commercial Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Regulatory Standards
- Administrative Discretion
- Prohibited Conduct
