Railways Act Amendment Act 1970 (Qld)

505 (QuenislUfflt ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 39 of 1970 An Act to Amend The Railwa ys Acts 1914 to 1965 in certain particulars ASSENTED TO 18TH DECEMBER, 1970) BE IT ENACTED by the Queen'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. Short title and citation . (1) This Act may be cited as the Railways Act Amendment Act 1970. (2) The Railways Act of 1914 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Railways Act 1914-1970. 2. Repeal of and new s. 122 . (1) Section 122 of the Principal Act is repealed and the following section is inserted in its stead:- " 122. l imit of damages in respect of animals . (1) In any action brought against the Commissioner to recover damages or compensation in respect of loss of or injury to any animal whether

506 Railways Act Amendment Act 1970, No. 39 during carriage by railway or otherwise, incurred on or after the commencement of the Railways Act Amendment Act 1970, the Court or jury shall not find or assess nor shall judgment be given or entered for the plaintiff for any amount of money exceeding the amount following, that is to say:- For every horse, one hundred dollars; For every head of cattle, one hundred dollars; For every pig, twenty-four dollars; For every sheep, six dollars; For every dog or other animal, ten dollars; unless in the case of an animal to be carried by railway the owner of such animal or the consignor acting on his behalf has, previous to consigning the same, declared the value of such animal to be greater than the amount aforesaid, and has paid in addition to the freight an insurance charge as prescribed in respect of the declared value of the animal in excess of the amount of the Commissioner's liability as provided for in this section. (2) Notwithstanding the provisions of subsection (1) of this section, the Governor in Council may from time to time by Order in Council published in the Gazette vary any amount of money specified in that subsection by increasing it or decreasing it and thereupon such amount as varied shall be deemed to be the amount specified in respect of the animal concerned." (2) Section 122 of the Principal Act shall, notwithstanding its repeal and the insertion of a new section 122 in lieu thereof pursuant to subsection (1) of this section, be deemed to continue in force with respect to loss of or injury to any animal to which the said section so repealed related, incurred before the commencement of this Act. 3. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 3] Provisions to be amended Omit Insert Section 7 (1) Section 7 (2) Section 7 (3) Section 17(4) Section 23 (1) Section 30 (11a) Section 73 (7) Section 102 Section I11 (2) Section 114 Section 119 (3) Section 123 Section 123 six thousand pounds six thousand pounds pound five pounds five pounds ten pounds ten pounds two hundred and fifty pounds ten pounds fifty pounds fifty pounds twenty-five pounds (where twice occurring) one shilling twelve thousand dollars twelve thousand dollars dollar ten dollars ten dollars twenty dollars twenty dollars five hundred dollars twenty dollars one hundred dollars one hundred dollars fifty dollars (in each case) ten cents

Railways Act Amendment Act 1970, No. 39 507 THE SCHEDULE- continued [s. 3] AMENDMENTS RELATING TO DECIMAL CURRENCY- continued Provisions to be amended Omit Insert Section 123 Section 124 Section 130 (7) Section 130 (7) Section 131 (1) Section 133 Section 138 Section 138A Section 138A Section 139 Section 143 (5) Section 143 (6) Section 143 (7) Second Schedule- Clause 22A ten pounds (where twice occurring) two thousand pounds twenty pounds forty pounds ten pounds fifty pounds fifty pounds ten pounds thirty pounds fifty pounds twenty pounds twenty pounds twenty pounds twenty dollars (in each case) four thousand dollars forty dollars eighty dollars twenty dollars one hundred dollars one hundred dollars twenty dollars sixty dollars one hundred dollars forty dollars forty dollars forty dollars thirty pounds sixty dollars