Railway Superannuation Acts, 1930 to 1932, Repeal Act of 1933 (24 Geo v No. 3) (Qld)

RAILWAYS. 24 GEO. V. No. 3, 1933. Railway Superannuation, Etc., Repeal Act. 14729 RAILWAYS. 24 Geo. V. An Act to Repeal (subject to certain conditions) "The No. 3. Railway Superannuation Acts, 1930 to 1932," RA T IL H W E AY to Dissolve the Railway Superannuation ANSNUUPAETRI-ON Board, and for other purposes. AOTS, 1930 TO 1932, REPEAL ACT [ASSENTED TO 14TH SEPTEMBER, 1933.] OF 1933. "l7[THEREAS pursuant to *" The Railway Super- Preamble. l'V annuation Act of 1930" (as amended by subsequent Acts), a Railway Superannuation Fund was established and a Superannuation Board constituted: And whereas it has been proved to the satisfaction of the Governor in Council that such Fund was actuarially unsound, and if continued would not only entail considerable expenditure from the Consolidated Revenue, but be contrary to the best interests of the State as a whole: And whereas it is deemed desirable that the said Acts be repealed and the Railway Superannuation Fund determined, subject to certain provisions, conditions, and stipulations hereinafter set forth- Be it therefore enacted by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 :- 1. This Act may be cited as "" The Railway Short title. Superannuation Acts, 1930 to 1932," Repeal Act of 1933." 2. Subject as provided in this Act, *" The Railway Repeal of Super?,nnu.ation Acts, 1930 to 1932," .are repealed a~ d r:~ ~ ~~ Y shall III thIs Act be referred to as the ., repealed Acts ; annuation and, except where otherwise expressly provided in this Acts. Act, all rights and privileges under the repealed Acts cease and are determined accordingly. 3. The repeal of *" The Railway Superannuation Conserva- Acts , 1930 to 1932 ,,_ tcieornta? mf (a) Shall not prejudice or affect the right of any ~ . " i~ ting contributor (as defined in the repealed Acts) ng ts. who, prior to the passing of this Act, * 21 Geo. V. No. 12, supra, page 13079; 22 Geo. V. No. 17, supra, page 13864; and 23 Geo. V. No. 3, supra, page 14381.

14730 RAILWAYS. Railway SuperanntrAltion, Etc., Repeal Act. 24 GEO. V. No. 3, had retired from the Railway Service and was, prior to the passing of this Act, actually in receipt of a pension pursuant to the repealed Acts, to continue to receive such pension at the amount he would have been entitled to receive under the repealed Acts, and subject to the terms, stipulations, a:nd conditions relating thereto in the repealed Acts: and such pension shall so continue to be payable to him accordingly; (b) Shall not prejudice or affect the right of the widow of any such contributor referred to in paragraph (a) aforesaid, in the case of the death of any such contributor whether before, on, or after the passing of this Act, to continue to receive, or to receive, such pension (if any) at the amount and subject to the terms, conditions, and stipulations she would have been entitled to receive such pension under the repealed Acts, or prejudice or affect her right of election to receive contributions to the Fund paid by the deceased contributor in lieu of pension as prescribed in subsection two of section nineteen of the repealed Acts: and such pension (if any) shall continue to be payable to her, and such right of election shall continue and have effect accordingly. Dissolution 4. The corporate body under the name of the of Board. "Railway Superannuation Board " constituted under the repealed Acts is hereby dissolved, and its members shall go out of office. Such dissolved Board is herein referred to as the" dissolved Board." Application 5. (1.) So much as is standing at the credit of Fund. of the Railway Superannuation Fund established under the repealed Acts by the contributionspaidby contributors and by endowment thereof from the Consolidated Revenue at the passing of this Act (which Fund is dissolved and hereinafter referred to as the "dissolved Fund"), shall be transferred to the Treasury, and shall be . placed by the Treasurer into a special Fund called the " Railway Superannuation Adjustment Fund."

RAILWAYS. 14731 1933. Railway Superannuation, Etc., Repeal Act. (2.) There shall be charged against the Railway Railway nSaumpeer I ayn;nu-ation Adjustment Fund the following payments, AaSnudnpjuueasrtt- lm.Oennt (a) The payment of the pensions or payments Fund. referred to in paragraphs (a) and (b) of section three of this Act ; (b) Payments as are hereinafter provided. 6. No contributions shall be deducted from Cessation of contributors in respect of the gross salary, wages, earnings, c~ mtribu­ and/or allowances earned by the contributor concerned trons. after the twenty-first day of May, one thousand nine hundred and thirty-three, for payment into the dissolved Fund. For the purposes of this section, this Act shall have full retrospective operation to the aforesaid date accordingly. 7. Subject to this Act, every contributor who has, Refund- by virtue of the repealed Acts, paid contributions into the me~ t~ bof dissolved Fund shall, on retirement from the Railway ~ i~ ~ : \ oU­ Service, whether such retirement is a voluntary retirement contIibutors. or a retirement dependent upon the provisions of *" The Railways Acts, 1914 to 1929," and regulations thereunder (or any Act or regulation amending or in substitution for the same), be entitled to receive the amount of contribution standing to his credit in accordance with the repealed Acts in the dissolved Fund (which Fund pursuant to section five of this Act now constitutes the Railway Superannuation Adjustment Fund). An amount being interest, reckoned on a yearly basis, at the ruling rate from time to time payable on deposits in the Commonwealth Savings Bank, and in accordance with the rules and regulations thereof, shall be added to the amount of such contribution standing to the credit of such contributor, and shall be paid to such contributor at the same time as his credit contribution is payable to him; Provided that in the case of the death of the contributor occurring before or after the passing of this Act, such amount at credi.t of the deceased contributor shall be paid to his legal representative. * 5 Geo. V. No. 14 and amending Acts, supra, pages 7215 et seq.

14732 RAILWAYS. Railway S~ lperannllation, Etc., Repeal Act. 24 GEO. V. No. 3, Adjustments of 8. Notwithstanding anything herein contained, if mortgages. any contributor shall, at the passing of this Act, be a mortgagor in respect of a loan made to him under any of the following Acts, namely :-- (i.) *" The Agricultural Bank Acts, 1923 to 1931 "; (ii.) t" The State Advances Act of 1916 " ; (iii.) t" The State Advances Corporation Buildings Improvement Act of 1932 " ; (iv.) §"The Workers' Homes Acts, 1919 to 1930"; (v.) 11" The Discharged Soldiers' Settlement Acts, 1917 to 1930,"; or (vi.) In respect of a loan made to him by any other Crown instrumentality or by any corporation representing the Crown or acting as agent for the Crown, or Minister of the Crown, which the Governor in Council may from time to time by Order in Council direct and declare, respectively, the whole or any part of any such contribution, with interest, standing to the credit of a contributor may be utilised by the contributor in and for the purposes of the reduction of the loan and the mortgage debt, and/or interest or instalments of interest and redemption payments in respect of the loan made under the Act or Acts or instrumentality referred to in the Order in Council, as the case may be, or any of them. Any such Order in Council under paragraph (vi.) may from time to time be issued generally or in respect of certain loans made by Crown instrumentalities, corporations, or Minister/:> referred to therein, or may be issued in respect of a class or classes of contributors, or in a,ny specific case or cases: Provided that any approval made by the Governor in Council or any committee acting with the approval thereof, or with the approval of a Minister of the Crown, in the application of moneys standing to the credit of a contributor towards any loan reduction as * 14 Oeo. v. No. 41 and amending Acts, supra, pages 10443 et seq. t 7 Oeo. V. No. 17 and amending Acts, supra., pages 9603 et seq. :j: 23 Oeo. V. No. 19, supra, page 14078. § 10 Oeo. V. No. 7 and amending Acts, supra., pages 10415 et seq. 117 Oeo. V. No. 32 and amending Acts, supra, pages 9453 et seq.

RAILWAYS. 14733 1933. Railway Superanmwtion, Etc., RepeaL Act. aforesaid prior to the passing of this Act is hereby approved and ratified, and the provisions of this section are and shall be deemed to apply and extend accordingly. 9. The amount of the contribution, with interest, Ins~ ~ ance standing to the credit of a contributor may be utilised po!tCleS. by the contributor for all or each of the following purposes, that is to say:- (a) In the payment of premiums on any policies of life insurance in his own name entered into prior to the passing of this Act with the State Insurance Office constituted under *" The Insurance Acts, 1916 to 1923," and existing at the passing of this Act; (b) Subject to the approval of the Insurance Commissioner in each case, in the payment of the premiums on any policy of life insurance in his own name which a contributor, being at the time of the issue of the policy an employee of the Railway Commissioner, may enter into after the passing of this Act with the Insurance Commissioner constituted under *" The Insurance Acts, 1916 to 1923"; (c) Subject to the approval of the Insurance Commissioner, and to such terms, stipula- tions, and conditions as may be required by the Insurance Commissioner, in reviving any life policy in his own name with the Insurance Commissioner which a contri.butor has al10wed to lapse: Provided that the contributor is at the time of the issue of the revived policy an employee of the Railway Commissioner: Provided that any approval made by the Governor in Council or any committee acting with the approval thereof, or with the approval of a Minister of the Crown, in the application of moneys standing to the credit of a contributor in and towards any of the purposes above referred to in this section prior to the passing of this Act is hereby approved and ratified, and the provisions of this section are and shall be deemed to apply and extend accordingly. v. v. * 7 Geo. No. 27 and 14 Geo. No. 29, supra, pages 7497 and 10574.

14734 RAILWAYS. Railwary Superannuation, Etc., Repeal Act. 24 GEO. V. No. 3, Insurance policies under s. 22 of the repealed Acts. 10. Where, pursuant to section twenty-two of the repealed Acts, insurance policies were assigned to the dissolved Board, such policies shall by virtue of this Act be reassigned to the policy-holder concerned, and no stamp duty shall be payable in respect of any such reassignment. The premium payments (together with interest as set forth in the said section) made by the dissolved Board shall be deducted from the amount standing to the credit of the contributor in the Fund: Provided that if such credit is less than the total premiums, with the prescribed interest, paid by the dissolved Board the balance shall be deducted from any moneys held on behalf of or due to the employee by the Commissioner for Railways in such manner as may be prescribed. Retrospec. tive repeal of s. 18 of repealed Acts. 11. Notwithstanding anything contained in the repealed Acts or in any Act or law or rule of Jaw or practice or process of law to the contrary, or any judgment pronounced or order made by any court of competent jurisdiction, and whether any such judgment was or shall be pronounced, or order was or shall be made before on, or after the passing of this Act, section eighteen of the repealed Acts is and shall be and be deemed to have been repealed on and from the first day of January, one thousand nine hundred and thirty-three, and this section shall have full and retrospective operation to such lastmentioned date, and without limiting the above provisions, to the intent that any right of voluntary retirement of an employee of the permanent staff of the Commissioner for Railways, and the receiving of a pension according .to the scale set forth in the said section eighteen (as repealed) ceased and determined on and from the first day of January, one thousand nine hundred and thirty-three; and without limiting the above provisions, no action in respect of any claim under the said section eighteen shall be commenced, maintained, or proceeded with in any court, and no judgment or order in any such action shall be enforced or enforceable unless such judgment or order was pronounced or made prior to the said first day of January, one thousand nine hundred and thirty-three. No claim, &c. 12. No person who would have been required to for pension have been compulsorily retired, pursuant to the uofndreepre s a . le1d7 prOVI . SI • OnS 0 f se ' ctIOn seventeen 0 f t h e re I pe d a e A cts, Acts. shall be entitled to be paid any pension, or make any

RAILWAYS. 14735 1933. Railway SuperanrVl1Ja;tion, Etc., RepeaZ Act. such claim for payment to him of any pension, if such person was not so compulsorily retired on or before the thirtieth day of June, one thousand nine hundred and thirty-three, and any such right of pension ceased and determined by virtue of this Act on and from the first day of July, one thousand nine hundred and thirty-three; and to this extent this Act has full retrospective operation: Provided that any person compulsorily retired on or before the thirtieth day of June, one thousand nine hundred and thirty-three, pursuant to the provisions of section seventeen of the repealed Acts is entitled to receive such pension as he would have been entitled to receive under the repealed Acts, but subject to the terms, conditions, and stipulations relating thereto under the repealed Acts. 13. (1.) All moneys to be expended in pursuance _ ~ ppropria. of this Act shall be in the first instance charged to the non. Railway Superannuation Adjustment Fund. (2.) On the exhaustion of such Fund by the charges referred to in subsection one, any further expenditure under this Act shall be paid out of the Consolidated Revenue, which is hereby appropriated for that purpose. 14. Notwithstanding anything to the contrary Repay- contained in this Act, the Governor in Council may at ments. any time, and from time to time, by Order in Council direct and declare that the whole or any part of the contributions then standing to the credit of a contributor, together with interest thereon, may be paid to the contributor either in lump sum payment or in such instalments as he may think fit, if in the opinion of the Governor in Council the finances of the State will permit, having regard to the well-being of the community generally: Provided that refundments or repayments of contributions to the credit of a contributor, with interest thereon, shall be made only III accordance with this Act or as may be prescribed. 15. For the purposes of carrying out the objects Administra- and provisions of this Act and the Railway Superannna- tion of Act. tion Adjustment Fund, and any matters or things relating to or incidental to this Act or the repealed Acts, including a review of breakdown pensions as referred to

14736 RAILWAYS. Railway Superannuation, Etc., Repeal Act. 24 GEO. V. No. 3, in section twenty of the repealed Acts, the Governor in Council shall appoint an officer of the Public Service (including in this term the Railway Service) who shall be styled the "Executive Officer" of the Railway Superannuation Adjustment Fund. Subject to this Act, such officer shall for the purposes of this Act have and exercise such rights, powers, functions, authorities, and jurisdiction as may be necessary and desirable for the due administration of this Act~ and the repealed Acts, including, if necessary, any powers, authorities, and jurisdiction hitherto vested in the dissolved Board, and may have and exercise and perform such further powers and duties as may be prescribed by Order in Council : Provided always that the Governor in Council may appoint a committee to assist the Executive Officer in his powers, duties, and authorities under this Act. The Executive Officer shall be a member of any such committee. The administration of this Act shall be assigned to the Minister for Transport or other Minister of the Crown for the time being charged with the administration thereof. Orders in Council. 16. (1.) In addition to, and without in any way limiting the powers of the Governor in Council, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to give full effect to the objects, purposes, and provisions of this Act, whether in relation to any matter or thing referred to in this Act or the repealed Acts, or in relation to any matter or thing in reference thereto (including any adjustment), and where there is no provision or no sufficient provision in respect to any matter or thing, and it is deemed. necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency. (2.) The Governor in Council may by another Order in Council amend or rescind any such Order in Council. (3.) No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act

RAILWAYS. 14737 1933. Railway Superanmwtion, Etc., Repeal Act. and the Order in Council with respect to the subject- matter, provided the same is designated so as to be understood. (4.) All Orders in Council made or purporting to be made under this Act shall be published in the Gazette, and forthwith upon such publication shall be read as one with this Act and shall be judicially noticed and construed as being of equal validity, and shall not be questioned in any proceedings whatsoever. (5.) A copy of the Gazette containing an Order in Council made or purporting to be made by the Governor in Council under this Act shall be conclusive evidence of the due making of such order, and of the power and authority of the Governor in Council to make such order. (6.) All Orders in Council shall be laid before the Legislative Assembly within fourteen days after publication if the Legislative Assembly is in session; or, if not, then within fourteen days after the commencement of the next session thereof. If Parliament passes a resolution disallowing any such Order in Council of which resolution notice has been given at any time within fourteen sitting days of such House after such Order in Council has been laid before it, such Order in Council shaH thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purposes of this provision the term" sitting days" shall mean days on which the House actually sits for the despatch of business. (7.) The term "prescribed" in this Act means "prescribed by Order in Council." I 7. No action, suit, indictment, information, or Indemnity. other proceeding or claim or demand whatsoever (and whether commenced or made before, on, or after the passing of this Act) shall be commenced, presented, prosecuted, or maintained, or shall lie or be made or allowed by or in favour of any person against. the Crown or any Minister of the Crown, or t}Ji' Commissioner for Railways or any officer of the Crown or Commissioner, or the Railway Superannuation Board under the repealed Acts, or any member or officer thereof, or any officer under this Act, or any other officer of the Public Service for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by

14738 RAILWAYS. Railway Superannuation, Etc., Repeal Act. 24 GEO. V. No. 3, 1933. reason of the passing of this Act, or of anything done or to be done, or purporting to be done, or to be done or refused or omitted to be done thereunder, or by reason of anything done or purporting to be done or refused or omitted to be done prior to the passing of this Act under the repealed Acts or the Railways Acts 0;" otherwise, and whether or not intra vires the repealed Acts or the Railways Acts, or otherwise, and having, whether before, on, or after the passing of this Act, relation or reference to Railway Superannuation and/or the rights and privileges or alleged rights and/or privileges of any contributor or employee of the Railway Service or other person under the repealed Acts or Railways Acts, or otherwise; and all such things done or purporting to be done, or refused or omitted to be done, and any direction or order made or given by the Crown, or any Minister of the Crown, or the Commissioner for Railways or an officer of the Crown or Commissioner, or the Railway Superannuation Board under the repealed Acts, or any member or officer thereof, whether or not intra vires the repealed Acts or the Railways Acts or otherwise prior to the passing of this Act, are hereby approved, ratified, confirmed, and validated accordingly. REAL PROPERTY. See LAND, CONTRACTS OF SALE OF. REGULATION OF SUGAR CANE PRICES. See SUGAR (2). RELIGION. See PART H., PRESBYTERIAN AND METHODIST SCHOOLS ASSOCIATION.