Railways Act Amendment Act 1982 (Qld)

225 iueext°stanb ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1982 An Act to amend the Railways Act 1914-1978 in certain particulars [ASSENTED TO 23RD A PRIL, 1982]

226 Railways Act Amendment Act 1982, No. 21 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 1982. (2) In this Act the Railways Act 1914-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Railways Act 1914-1982. 2. Amendment of s. 6 . Appointment of Commissioner . Section 6 of the Principal Act is amended by adding at the end of subsection (2) the words " who in his performance and exercise thereof shall be subject to the direction of the Minister given in relation to such matters as the Minister may in his discretion determine ". 3. Amendment of s. 17 . Secretary and other employees . Section 17 of the Principal Act is amended by, in subsection (2), inserting after the words " a Chief Engineer " the words ", a Chief Mechanical Engineer and Workshops Superintendent ". 4. Repeal of and new s. 21. The Principal Act is amended by repealing section 21 and substituting the following section:- " 21. Appointments involving promotion . 1888 s. 56. (1) When a vacancy occurs in any branch of the Service not open for competitive examination it shall be filled, if possible, by the promotion of the senior applicant next in rank, position or grade to the vacant office who is competent to fill the vacancy. This subsection shall be so construed as not to prejudice the appointment to a vacant office of an employee who voluntarily relinquishes a rank, position or grade higher than the vacant office in order to obtain appointment to the vacant office and his appointment to the vacant office shall be deemed to be a promotion for the purposes of this section. (2) An employee on the permanent staff shall not be passed over in respect of an appointment to a vacant office unless the head of the branch of the Service in which the vacancy exists advises the Commissioner, in writing, of his reasons for so doing. (3) The Commissioner may- (a) allow an appointee to a vacant office to decline the appointment; or (b) cancel an appointment made in error, whereupon, in either event, and in the event that before an appointee has commenced to perform, pursuant to his appointment, the duties of the office to which he has been appointed the appointee dies or the Commissioner discontinues the office, the appointment shall lapse.

Railways Act Amendment Act 1982, No. 21 227 Where an appointment has lapsed pursuant to this subsection the Commissioner may, except where he has discontinued the office in question, make a fresh appointment from the original list of applicants therefor. (4) Subject to subsections (5) and (6), an employee on the permanent staff who is an unsuccessful applicant for any vacant office shall have a right of appeal to the Appeal Board as by this Act provided against any appointment to that vacant office. (5) Where an employee voluntarily relinquishes a rank, position or grade higher than a vacant office and is appointed to that vacant office a right of appeal against the appointment shall not be had by any other employee for whom appointment to that vacant office would have entailed his relinquishing a rank, position or grade higher than the vacant office. Where consequent on the success of his appeal an appellant is appointed to a vacant office a right of appeal against the appointment shall not be had by any employee other than an employee whose appeal against the appointment first made to the vacant office also succeeded. Where an employee who has been reduced in rank, position or grade and pay is appointed to a rank, position or grade higher than that to which he was reduced but not higher than that in which he was employed immediately before he was so reduced a right of appeal against the appointment shall not be had by any other employee. (6) A right of appeal, whether to the Appeal Board under this Act or otherwise howsoever, shall not be had by any employee against an appointment made to fill a vacancy in any of the offices specified in the following Table or in any other office declared by Order in Council to be an office against an appointment to which a right of appeal shall not be had by any employee. TABLE Deputy Commissioner and Secretary to the Commissioner for Railways Commissioner's Goodwill Officers Liaison Officer, Ministerial Section Signal and Communications Assistant Commissioners for Railways Engineer Engineer for Works, Chief Chief Engineer Chief Mechanical Engineer and Engineer's Branch Engineer for Maintenance, Chief Workshops Superintendent Comptroller of Stores Engineer's Branch Engineer for Design and Chief Accountant Chief Internal Auditor Construction, Chief Mechanical Engineer and Workshops General Managers of Divisions Chief of Operations Assistant Heads of Branches Superintendent of Transport Superintendent's Branch Rollingstock Engineer, Chief Mechanical Engineer and Workshops Superintendent's Locomotive Engineers, Branch Maintenance Engineers and Traffic Superintendents at District Superintendents Director, Planning and Brisbane, Toowoomba, Rockhampton and Townsville Development Commercial and Marketing Commissioner's Special Officer Manager

228 Railways Act Amendment Act 1982, No. 21 TABLE-continued Manager, Industrial and Personnel Manager, Data Processing Section, Chief Accountant's Office Senior Industrial Officer Senior Planning Officer (Rollingstock, Workshops and Locomotive Depots), Office of Director of Planning and Development Electrical Engineer , Electrical Section , Chief Engineer ' s Branch Bridge Engineer Inspection Engineer Engineer in Charge, Ipswich Workshops Engineer in Charge, Redbank Workshops Permanent Way Engineer , Chief- Engineer's Office (7) Notwithstanding any other provision of this Act, in respect of any office specified in or declared under subsection (6) as an office against an appointment to which a right of appeal shall not be had by any employee- (a) the Commissioner may submit to the Minister his recommendation as to who should be appointed to a vacancy therein; and (b) the appointment to a vacancy therein shall be made by the Governor in Council. (8) In this section the expression " vacancy " includes a vacancy in any office that has been notified in the Weekly Notice as temporarily vacant and the expression "vacant office" has a corresponding meaning.". 5. Amendment of s. 37A. Electric traction . Section 37A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) In this section the expression " electric lines " and the expression " works " each has the meaning assigned respectively by the Electricity- Act 1976-1980 to the expression " electric line " and the expression " works ...... 6. Amendment of s. 99. Audit Act to apply. Section 99 of the Principal Act is amended by- (a) omitting the note appearing in and at the commencement of the section and substituting the following note:- " Financial Administration and AuditAct to apply."; (b) omitting the words " " The Audit Acts, 1874 to 1906," " and substituting the words " The Financial Administration and Audit Act 1977-1981 ". 7. New s. 101B . The Principal Act is amended by inserting after section 101A the following section:- " 101B. Power of Commissioner to carry inter - State. (1) The power conferred on the Commissioner by section 101 includes and shall be

Railways Act Amendment Act 1982, No. 21 229 deemed always to have included power, to be exercised with the consent of the Minister- (a) to enter into agreements with persons engaged in the carriage of passengers or goods outside Queensland with a view to providing rates, charges and conditions for, or otherwise regulating, the carriage by the Commissioner within Queensland of passengers travelling or goods consigned to or from places outside Queensland; and (b) to charge rates and charges and include conditions in accordance with any such agreement in any contract for carriage to which the agreement is relevant. (2) Conditions provided in any such agreement relevant to any carriage of a description referred to in subsection (1) may include or adopt by reference, with or without modification, any conditions from time to time applicable to the carriage of passengers or goods within Queensland by virtue of any by-law made pursuant to this Act. A by-law that prescribes any condition that is so included or adopted shall, in respect of that part of the carriage of passengers or goods as is performed in Queensland, apply and have the same force and effect as it has by virtue of this Act in respect of the carriage of passengers or goods performed wholly within Queensland.". 8. Repeal of and new s. 116. Th^ Principal Act is amended by repealing section 116 and substituting the following section:- " 116. Monthly return of revenue and expenditure . 1896, s. 17. The Commissioner shall submit to the Minister once in each month a return showing- (a) the revenue and expenditure of the railway system in the State during the last preceding month; and (b) a comparison between that revenue and expenditure and the revenue and expenditure of the railway system in the State during the corresponding month of the previous year.". 9. Repeal of and new s. 117. The Principal Act is amended by repealing section 117 and substituting the following section:- " 117. Annual report. 1896, s. 18. (1) The Commissioner shall, in each year prepare an annual report of the Department for the year ending on 30 June last preceding showing- (a) in reasonable detail, the revenue and expenditure of the railway system in the State during that year; (b) the general condition of the rolling-stock, permanent way, buildings and other accommodation for traffic; and (c) such other matters as the Commissioner deems appropriate. (2) The annual report shall be furnished to the Minister before 1 October in the year in which it is prepared and shall be laid before the Legislative Assembly by the Minister within 14 sitting days after his receipt thereof.".

230 Railways Act Amendment Act 1982, No. 21 10. Amendment of s. 130 . Onus of proof . Section 130 of the Principal Act is amended by omitting subsection (6). 11. Amendment of s. 131 . Passengers practising frauds on the Commissioner . Section 131 of the Principal Act is amended by, in subsection (1), omitting the words " twenty dollars " and substituting the expression " $100 ". 12. Amendment of s. 133. By-laws may be made. Section 133 of the Principal Act is amended by omitting the second paragraph and substituting the following paragraph:- " The power to make by-laws includes and shall be deemed always to have included a power to make a by-law that adopts and incorporates by reference the whole or part of- (a) a handbook, pamphlet or other document issued by the Commissioner setting out in detail the matters that are regulated, prescribed, fixed or otherwise dealt with by the by-law; (b) any Goods Rate Book or Code of Practices and Conditions for the Carriage of Dangerous Goods issued by the Railways of Australia Committee; (c) the Australian Code for the Transport of Dangerous Goods by Road and Rail endorsed by the Australian Transport Advisory Council; or (d) any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the by-law.". 13. Amendment of s. 139. Obstruction , damage , etc. Section 134 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) omitting all words from and including the words " (e) Throws to and including the words " one hundred dollars. " and substituting the following words:- (e) Throws any gravel, stones, rubbish or other thing whatever on any part of a railway; (f) Drives or permits to be driven or permits to stray on any part of a railway or on the approaches to a railway that are vested in the Commissioner animals of any kind so as to obstruct the free passage of the railway or any part thereof; (g) Does any act or places any thing on a railway so as to obstruct the free passage of the railway or any part thereof; or (h) Wilfully obstructs any person acting under the authority of this Act, and all others aiding or assisting therein shall be liable- (i) in the case of an act referred to in provision (b), (c) or (g), to a penalty not exceeding $500; or

Railways Act Amendment Act 1982, No. 21 231 (ii) in the case of an act referred to in provision (a), (d), (e), (f) or (h), to a penalty not exceeding $100 ". (c) adding at the end of the section the following subsection:- (2) Any member of the police force who finds a person doing an act referred to in provision (b), (c) or (g) of subsection (1) or aiding or assisting therein may arrest that person, without other warrant than this Act, and convey him before justices to be dealt with according to law.". 14. Amendment of s. 143 . Failing to attend or produce documents. Refusing to be sworn , etc. or give evidence . Section 143 of the Principal Act is amended by- (a) in subsection (5), omitting the words " forty dollars " and substituting the expression " $200 "; (b) in subsection (6), omitting the words " forty dollars " and substituting the expression " $200 ".