Railways Act Amendment Act 1985 (Qld)

212 (1 ueenslanb ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 19 of 1985 An Act to amend the Railways Act 1914 -1982 in certain particulars [ASSENTED TO 4TH APRIL, 1985]

Railways Act Amendment Act 1985, No. 19 213 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 . This Act may be cited as the Railways Act Amendment Act 1985. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Railways Act 1914-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Railways Act 1914-1985. 4. Amendment of s. 2. Parts . Section 2 of the Principal Act is amended by omitting the following words:- "PART VII.-THE MOUNT ISA RAILWAY PROJECT.". 5. Amendment of s. 7. Salary of the Commissioner . Section 7 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(I) The Commissioner shall be paid such salary as the Governor in Council from time to time determines.": (b) omitting subsections (2) and (3). 6. Amendment of s. 8. Commissioner to be a corporation sole- powers and liability . Section 8 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word "sell," the words "dispose of, surrender,"; (ii) inserting after the words "and other property" the words ", and grant easements and licences in respect of land"; (b) omitting subsection (2) and substituting the following subsections:- "(2) No sale, disposal, surrender or exchange of any land vested in the Commissioner shall have any effect unless or until the same has been approved by the Governor in Council. (3) The power of the Commissioner to lease land, goods, chattels and other property shall be exercised subject to and in accordance with the provisions of section 102.". 7. Repeal of s. 16. Monthly Conference . Section 16 of the Principal Act is repealed. 10

214 Railways Act Amendment Act 1985, No. 19 8. Amendment of s. 17. Secretary and other employees . Section 17 of the Principal Act is amended by- (a) in subsection (2), omitting the words "Engineer, a Chief Mechanical Engineer and Workshops Superintendent" and substituting the words "Civil Engineer, a Chief Mechanical Engineer": (b) in subsection (4)- (i) omitting the words "ten dollars" and substituting the expression '$100"; (ii) omitting the paragraph commencing with the words "Any employee" and substituting the following paragraph:- "Any employee (other than- (i) a probationer; (ii) a temporary employee who immediately prior to the date of being so dealt with by the Commissioner had not completed continuous service in excess of 6 months as an employee of the Commissioner: or (iii) any other employee who immediately prior to the date of being so dealt with by the Commissioner had not completed continuous service in excess of one month as an employee of the Commissioner) who is suspended. fined, reduced in rank. position or grade and pay or dismissed by the Commissioner by way of punishment may appeal from such suspension, fining, reduction in rank, position or grade and pay or dismissal by a memorial to the Governor in Council within a time and in a manner prescribed by by-law: and the decision of the Governor in Council on such appeal shall be final and shall be binding upon both the Commissioner and the employee in question.": (iii) inserting at the end thereof the following paragraph:- "Any employee who- (A) is charged with having committed any offence; (B) in connexion therewith, is suspended by the Commissioner; and (C) is found not guilty of the offence (and is not convicted of any other offence established by the evidence in relation thereto) or the charge is not proceeded with shall be entitled to be reinstated in his office or position without loss of salary, wages, allowances or other emoluments in respect of his period of suspension unless he is charged pursuant to section 23 with misconduct, neglect of duty or of breaking any rule or by-law of the service arising out of the facts and circumstances upon which the charge of having committed the

Railways Act Amendment Act 1985, No. 19 215 offence was made, or any of them, either alone or with the addition of other facts and circumstances."; (c) in subsection (4A), omitting the paragraph commencing with the words "Any employee (other than" and substituting the following paragraph:- "Any employee (other than an employee who, immediately prior to the relevant probation order- (i) was employed on probation; (ii) being a temporary employee, had not completed continuous service in excess of 6 months as an employee of the Commissioner; or (iii) in any other case, had not completed continuous service in excess of one month as an employee of the Commissioner) who is dealt with by the Commissioner under or pursuant to the powers given to him under the provisos to the first paragraph of this subsection may appeal from the decision of the Commissioner by a memorial to the Governor in Council within a time and in a manner prescribed by by-law: and the decision of the Governor in Council on such appeal shall be final and shall be binding upon both the Commissioner and the employee in question.": (d) inserting after subsection (4.i) the following subsection:- -(4B) (a) Where any employee whose duty it is or part of whose duty it is to drive a train is convicted of an offence in connexion with or arising out of the driving of a train by him and in respect thereof is disqualified from holding or obtaining a driver's license, the Commissioner may transfer the employee to some other position or work until he is no longer disqualified from holding or obtaining a driver's license. (b) Where any employee whose duty it is or part of whose duty it is to drive a motor vehicle is convicted of an offence in connexion with or arising out of the driving of a motor vehicle by him (whether or not in the course of his duty as an employee) and in respect thereof is disqualified from holding or obtaining a driver's license, the Commissioner, subject to paragraph (c), may transfer the employee to some other position or work until he is no longer disqualified from holding or obtaining a driver's license and is thereafter the holder of a driver's license. (c) Paragraph (b) is not applicable in any case where the employee, notwithstanding his being disqualified from holding or obtaining a driver's license. becomes the holder of another license in substitution for his driver's license under which it is lawful for him to drive a motor vehicle in the course of his duty as an employee. (d) An employee who is transferred by the Commissioner to some other position or work pursuant to this subsection shall

2_ 16 Railways Act Amendment Act 1985, No. 19 while occupying that position or performing that work continue to be paid the rate of pay applicable to his rank, position or grade. (e) Any employee (other than an employee who, immediately prior to the date of disqualification from holding or obtaining a driver's license- (r) was employed on probation; (ii) being a temporary employee, had not completed continuous service in excess of 6 months as an employee of the Commissioner; or (iii) in any other case, had not completed continuous service in excess of one month as an employee of the Commissioner) who is transferred by the Commissioner to some other position or work pursuant to this subsection may appeal from the decision of the Commissioner in respect of the position or work to which he is transferred by a memorial to the Governor in Council within a time and in a manner prescribed by by-law; and the decision of the Governor in Council on such appeal shall be final and shall be binding upon both the Commissioner and the employee in question; (f) In this subsection. unless the contrary intention appears- (i) -driving" includes attempting to put in motion and being in charge of, (ii) "driver's license" has the meaning that is assigned to it under the Traffic Act 1949-1982; (iii) "train" means any conveyance or group of connected conveyances or other thing borne upon a rail or rails of a railway.". 9. Amendment of s. 21. Appointments involving promotion . Section 21 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) In the filling of any vacancy that occurs in any branch of the Service not open for competitive examination, consideration shall be given, in determining the claims of the applicants, first to the relative efficiency and, in the event of an equality of efficiency of two or more applicants, then to the relative seniority of the applicants available for appointment to the vacancy. "Efficiency" shall be assessed upon any qualifications required to be possessed by the holder of the vacant office and aptitude that fit an employee for the discharge of the duties of the office, and upon merit, diligence and good conduct.

Railways Act Amendment Act 1985, No. 19 217 This subsection as substituted by the Railways Act Amendment Act 1985 shall apply in respect of any vacancy as aforesaid advertised after the commencement of that Act and, in respect of a vacancy that has been advertised prior to such commencement, the provisions of this section in relation to the filling thereof shall apply as if this subsection had not been substituted by the said Act."; (b) omitting the Table to subsection (6) and substituting the following Table:- "TABLE Deputy Commissioner and Manager, Operations Planning Secretary to the Commissioner Commissioner's Special Officer for Railways Liaison Officer, Ministerial Section Assistant Commissioners Expenditure Accountant Chief Civil Engineer Manager, Passenger and Catering Chief Mechanical Engineer Services General Managers of Divisions Revenue Accountant Director of Planning and Training and Development Officer Development Senior Personnel Officer Chief Traffic Manager Suburban Passenger Train Chief Financial Accountant Administrator Chief Signal and Manager, Livestock and Special Telecommunications Engineer Services Chief Electrical Engineer Freight Services Officer Chief Supply Manager Accounts Administration Officer Chief Internal Auditor Property Marketing Officer Assistant Heads of Branches Internal Audit Manager Management Services Manager (Administration) Manager, Project Development Internal Audit Manager Assistant General Manager, Regional Sales Managers Toowoomba Credit Manager Manager, Industrial Relations Senior Training Officer (Line Marketing Manager Training) Administration Manager Senior Training Officer Customer Services Manager (Management Training) Manager, Freight Services Railway Information Officer Chief Industrial Officer Commercial Representatives Personnel Manager Technical Services Engineer Chief Management Accountant Administration Engineer E.D.P. Manager Engineer for Works Industrial Research and Engineer for Maintenance Development Officer Engineer for Design and Marketing Services Manager Construction Sales Manager Rollingstock Engineer Product Strategy Manager Divisional Technical Managers Corporate Planning Manager Project Manager, Main Line Productivity Services Manager Electrification Traffic Superintendents Manager, Rollingstock and Marketing Officer Facilities Development District Superintendents Bridge Engineer

218 Railways Act Amendment Act 1985, No. 19 Table- continued Permanent Way Engineer Divisional Mechanical Engineers Divisional Civil Engineers Workshops Superintendents (Ipswich and Redbank) Principal Railway Architect Signal Engineer Telecommunications Engineer Power Systems Engineer Overhead Engineer District Mechanical Engineer, Mayne Workshops Engineer, Ipswich Workshops Engineer, Administration Urban Bridge Contracts Engineer Bridge Design Engineer Maintenance Programme Engineer Construction Engineers Senior Diesel Engineer Electrical Engineer, Chief Mechanical Engineer's Branch, Ipswich Workshops Senior Planning Officer (Fixed Installations) Special Projects Engineer, Chief Mechanical Engineer's Branch, Ipswich Officer in Charge Tests.". Projects 10. Amendment of s. 23. Misconduct of employees, how dealt with. Section 23 of the Principal Act is amended by- (a) in subsection (1), omitting the words "ten dollars" and substituting the expression "$50"; (b) in subsection (2), omitting the words "more than one calendar month's continuous service as an employee of the Commissioner" and substituting the words "continuous service in excess of 6 months as an employee of the Commissioner in the case of a temporary employee and continuous service in excess of one month as an employee of the Commissioner in any other case". 11. New s. 24. The Principal Act is amended by inserting after section 23 the following section:- "24. Medical examination of employees suspected of being under influence of liquor or a drug. (1) Any employee charged with the duty of superintending the work of other employees who suspects any employee of rank, position or grade inferior to his own who is commencing or on duty of being under the influence of liquor or a drug may require that employee (hereinafter in this section referred to as "the suspected employee") to submit himself to a medical examination by a medical practitioner with a view to establishing whether, in the opinion of the medical practitioner, he is under the influence of liquor or a drug. (2) The firstmentioned employee (hereinafter in this section referred to as "the senior employee") may make such arrangements in relation to the medical examination of the suspected employee as will in his opinion result in the examination being carried out with the least possible delay. (3) Where upon examination the medical practitioner is of the opinion that the suspected employee is under the influence of liquor or a drug and issues a certificate in writing to the senior

Railways Act Amendment Act 1985, No. 19 219 employee accordingly , the senior employee shall by writing temporarily suspend the suspected employee until he can be dealt with by the head of the branch in which he is employed. (4) The head of the branch may in writing lift the suspension or confirm it and, if he confirms it, it shall for the purposes of this Act be deemed to have been imposed by him in the first instance. (5) The suspected employee shall be furnished with a copy of the writing whereby he is temporarily suspended or, where the suspension is confirmed , a copy of the writing whereby the suspension is confirmed. (6) Whether or not he confirms the suspension , the head of the branch may deal otherwise with the suspected employee in accordance with his powers under section 23 , the provisions of which section shall apply accordingly . and in connexion therewith any suspension shall be taken to have been a suspension under that section. (7) Where the medical practitioner on a medical examination of the suspected employee is of the opinion that the suspected employee is not under the influence of liquor or a drug, the suspected employee shall not suffer any detriment in his employment by reason of his having been required to submit himself to the medical examination , and, in particular, he shall be entitled to receive the payment of salary, wages , allowances or other emoluments that would have been payable to him in respect of the duty he would have performed but for having submitted himself to medical examination. (8) A suspected employee who is required to submit himself to a medical examination pursuant to subsection (1)- (a) shall submit himself to such medical examination in accordance with arrangements made by the senior employee in relation thereto; (b) shall not, on being so required, commence or continue performing his duties as an employee unless and until instructed to do so by the senior employee or the head of the branch. (9) If the suspected employee- (a) fails or refuses to submit himself to a medical examination in accordance with the requirements of subsection ( 8) (a); or (b) commences or continues performing his duties contrary to subsection (8) (b). such failure or refusal or performance of duties shall constitute misconduct by the suspected employee and he may be dealt with under section 23 in relation thereto accordingly. (10) In this section , each of the terms "drug " and "liquor" has the meaning that is assigned to it under the Tra ffic Act 1949-1982.".

220 Railways Act Amendment Act 1985, No. 19 12. Amendment , of s. 92 . Government railways, etc., vested in Commissioner . Section 92 of the Principal Act is amended by, in subsection ( 1), inserting after paragraph (v) the following paragraph:- "(VA) All land comprised in a road or part of a road closed pursuant to section 38;". 13. Amendment of s. 101 . Special contracts . Section 101 of the Principal Act is amended by- (a) in subsection (1), omitting all words after the word "without" where it occurs the second time and substituting the word "Queensland."; (b) in subsection (3)- (i) omitting the word "the" where it occurs after the words "between himself and" and substituting the word "any"; (ii) inserting after the words "and in any such case" the words "that involves carriage in part by railway"; (c) in subsection (4). omitting the words "Nothing in this section shall extend or be deemed to make the liability of the Commissioner under any contract made in pursuance thereof greater than that of a common carrier: and in any such contract" and substituting the words "In any contract made in pursuance of this section,": (d) in subsection (15), omitting the words "is upon the Queensland Railways," and substituting the words "involves carriage by the Commissioner". 14. Amendment of s. 102 . Commissioner may lease land, refreshment- rooms , etc. Section 102 of the Principal Act is amended by- (a) making the first paragraph subsection (1) by inserting before the words "The Commissioner" the expression "(1)"; (b) omitting all words in the first paragraph (including the proviso) commencing with the words "for any term" and concluding with the words "Governor in Council" and substituting the words "or goods. chattels or other property on such conditions and at such rent as he may determine, but subject as hereinafter in this section provided."; (c) inserting after subsection (1) the following subsections:- "(2) Any lease by the Commissioner of- (a) land vested in him; or (b) land vested in him together with any building or structure or any other improvements thereon, or any other lease by the Commissioner granted pursuant to subsection (1). not being a lease referred to in subsection (3), shall- (i) where its term does not exceed 5 years and the annual rental in respect thereof does not exceed

Railways Act Amendment Act 1985, No. 19 221 $5 000, have no effect unless or until it has been approved by the Minister; (ii) where its term exceeds 5 years or the annual rental in respect thereof exceeds $5 000, have no effect unless or until it has been approved by the Governor in Council. (3) A lease by the Commissioner of- (a) land for the time being under his control; or (b) land for the time being under his control together with any building or structure or any other improvements thereon shall be granted in accordance with and be subject to any provisions of the Land Act 1962-1984 applicable to it."; (d) making the final paragraph subsection (4) by inserting before the note thereto, that is, the words "Validation of existing leases.", the expression "(4)". 15. Amendment of s. 106. Commissioner may convey traffic by rail or road . Section 106 of the Principal Act is amended by- (a) in paragraph (b), omitting the words "to or from a railway"; (b) omitting paragraph (c) and substituting the following paragraph:- "(c) Carry and convey passengers and goods upon the railways or by any other mode of carriage or conveyance, and make the prescribed charges, and other charges that may be made under this Act, in respect thereof.". 16. Repeal of and new s. 108 . Section 108 of the Principal Act is repealed and the following section is substituted:- "108. Charges other than prescribed charges. (1) Notwithstanding any other provision of this Act, the Commissioner may from time to time as he may consider necessary fix charges other than prescribed charges for the carriage of goods, either generally or in respect of a particular case or particular cases, and determine conditions relating to limitation of his liability and any other conditions that shall apply to the carriage where charges are so fixed. (2) Such charges shall be payable and be due and recoverable in the same manner as prescribed charges.". 17. Repeal of and new s . 120. Section 120 of the Principal Act is repealed and the following section is substituted:- "120. Commissioner not common carrier . The Commissioner is not a common carrier.".

Railways Act Amendment Act 1985, No. 19 18, Amendment of s. 122 . Limit of damages in respect of animals. Section 122 of the Principal Act is amended by, in subsection (1)- (a) omitting the words "one hundred dollars" where twice occurring and substituting the expression "$200" in each case; (b) omitting the words "twenty-four dollars" and substituting the expression "$48": (c) omitting the words "six dollars" and substituting the expression "$12„ (d) omitting the words "ten dollars" and substituting the expression "$10,,. 19. Amendment of s. 127. Accidents to be reported to the Minister. Section 127 of the Principal Act is amended by- (a) in paragraph (ii), inserting after the words "into the matter" the words "unless he considers that, having regard to the circumstances, it is not necessary to have an inquiry held"; (b) in paragraph (iii). omitting the words "such inquiry" and substituting the words "the holding of such an inquiry". 20. Amendment of s. 133. By-laws may be made . Section 133 of the Principal Act is amended by omitting the words "one hundred dollars" and substituting the expression "$200". 21. Amendment of s. 139 . Obstruction, damage , etc. Section 139 of the Principal Act is amended by, in subsection (1). omitting the expression "$500" occurring in paragraph (i) and substituting the expression "$1 000". 22. New s. 139A . The Principal Act is amended by inserting after section 139 the following section:- "139A. Member of the police force may require name and address. (1) Any member of the police force who- (a) finds any person committing; or (b) suspects on reasonable grounds any person of having committed or of being about to commit, on any land vested in the Commissioner or for the time being under his control or management and used in the operation of the railway, any offence against this Act may require that person to state his name and address or name or address and, if he suspects on reasonable grounds that the name and address or name or address stated is false, may require evidence of the correctness thereof. (2) A person required under this section to state his name and address or name or address who- (a) refuses or fails to do so; or

Railways Act Amendment Act 1985, No. 19 223 (b) states a false name and address or false name or false address is guilty of an offence. Penalty: $500. (3) A person required under this section to produce evidence of the correctness of any particulars who- (a) refuses or fails to produce that evidence; or (b) produces false evidence with respect to those particulars is guilty of an offence. Penalty: $500. (4) If the person refuses or fails to state his name and address or name or address or to produce evidence of the correctness of any particulars when required to do so under this section, the member of the police force shall caution him and, if he still persists in such refusal or failure or gives a name and address or name or address that in the opinion of the member of the police force is false, may arrest him without warrant and take him as soon as practicable before a justice to be dealt with according to law.". 23. New s. 141 A. The Principal Act is amended by inserting after section 141 the following section:- "141A.' N o presumption of dedication of land . User by the public of any lands of the Commissioner as a thoroughfare or otherwise for access purposes, whether or not such user is authorized or suffered. shall not, as against the Commissioner, be presumed to be or construed as dedication by the Commissioner of those lands or any part thereof for use as a road.". 24. New s. 141B . The Principal Act is amended by inserting after section 141.E as inserted by this Act the following section:- "141B . Removal from railway land of vehicles that obstruct other vehicles , etc. (1) If any vehicle is parked or left standing on land or property vested in the Commissioner or under his control or management (hereinafter in this section referred to as "railway land") in such a position as to interfere with traffic or obstruct other vehicles or in any way to interfere or be likely to interfere with any activity relating to or in connexion with the working of the railways and- (a) the driver thereof cannot be readily located: or (b) the driver thereof fails to remove the vehicle forthwith when required so to do by the Commissioner or the holder of any office or position in the Department as hereinafter referred to, the vehicle may be removed by the Commissioner or the holder of any office or position in the Department acting under the

224 Railways Act Amendment Act 1985, No. 19 authority of the Commissioner in that behalf , either generally or in the particular case , or by any person authorized by the Commissioner or holder of the office or position in that behalf to such place , whether within or outside railway land, as the Commissioner or holder of the office or position may determine. (2) The Commissioner or holder of the office or position who removes or authorizes the removal of the vehicle, or some other person on his behalf . shall give to the owner of the vehicle as soon as practicable after removal notice of the removal and the place to where it was removed unless it is claimed by the owner or a person possessing authority to act for or on behalf of the owner in the meantime. (3) The notice referred to in subsection ( 2) shall wherever practicable be in writing and be served upon the owner personally. but if it is not so served within 14 days after the removal it may be given by public advertisement in a newspaper circulating in the locality from where the vehicle was removed. (4) If within one month after- (a) the vehicle is claimed by the owner or a person possessing authority to act for or on behalf of the owner in a case where a notice is not given pursuant to subsection ( 2) because the vehicle is so claimed: or (b) the service or advertisement of the notice pursuant to subsection (3). as the case may be. the owner does not pay all expenses in connexion with the removal of the vehicle and. in an applicable case. the keeping of it at the place to where it was removed, and of serving or advertising the notice in a case of such service or advertisement, and take possession of the vehicle, the vehicle may be sold by public auction (after notice of such sale has been given by advertisement in a newspaper circulating in the locality from where the vehicle was removed) or. where no offer or no reasonable offer is received at such auction. may be otherwise disposed of by direction of the Commissioner in such manner and on such terms as he may determine, and the proceeds of such sale or disposal shall be applied as follows:- (i) firstly, in payment of the expenses of the sale or disposal; (ii) secondly, in payment of the expenses in connexion with the removal of the vehicle and the keeping of it at the place to where it was removed, and of serving or advertising the notice in an applicable case: (iii) thirdly, in payment of the balance to the owner or, if after reasonable inquiry the owner cannot be found, into the Consolidated Revenue Fund of the State.

Railways Act Amendment Act 1985, No. 19 225 (5) The authority to deal with a vehicle in any manner specified in this section extends also to the dealing with any goods, equipment or other property contained therein or thereon or attached thereto at the material time, and the provisions of this section shall extend and apply to such goods , equipment or other property accordingly , save that the holding of a public auction may be dispensed with in any case where the Commissioner , having regard to the expenses associated with the holding of a public auction and the likely proceeds resulting from the auctioning of the goods, equipment or other property, considers that the holding of a public auction is not warranted; and in any such case the Commissioner may dispose of the goods, equipment or other property, but, save in the case of perishables . not earlier than the same would have been sold by public auction . in such manner and on such terms as he may determine. (6) A vehicle that has been removed pursuant to subsection (1) shall not be delivered to the owner thereof or to a person possessing authority to act for or on behalf of the owner unless the following provisions of this subsection have been complied with. that is to sav:- (a) the owner or person acting for or on behalf of the owner has applied in writing signed by him to the Commissioner for the release of the vehicle; (b) the applicant has furnished proof to the satisfaction of the Commissioner of his ownership or, in the case of the applicant being a person acting for or on behalf of the owner , has furnished proof to the satisfaction of the Commissioner of his authority to so act; (c) the applicant has paid all expenses incurred by the Commissioner or holder of the office or position. as the case may be. in connexion with the removal and keeping of the vehicle and the service or advertisement of any notice served or advertised by the Commissioner or holder of the office or position in relation to the removal or intended sale or disposal of the vehicle: (d) the applicant has signed a receipt for the delivery of the vehicle to him. (7) A person who takes delivery or obtains possession of or removes or attempts to remove any vehicle removed pursuant to subsection ( 1) save in accordance with the provisions of subsection (6) is guilty of an offence. Penalty: $200. (8) In this section , " vehicle" has the meaning assigned to it by the Trajiic A ct 1949-1982".

226 Rai/wars Act Amendment Act 1985, No. 19 25. New s. 141c. The Principal Act is amended by inserting after section 141B as inserted by this Act the following section:- "141c. Disposal of abandoned vehicles and other abandoned property . (1) Where there is on any land or property vested in the Commissioner or under his control or management any vehicle or any other property in respect of which there are reasonable grounds for suspecting that the same has been abandoned by the person who last used it (hereinafter in this section referred to as "abandoned property"), the Commissioner may remove and detain the abandoned property, or cause it to be removed and detained, at a place of safe keeping, and may deal with the abandoned property or cause it to be dealt with in the manner provided by this section. (2) As soon as practicable after removal of the abandoned property, the Commissioner shall cause to be given to the owner thereof, if he can be ascertained, notice in writing of such removal and of the place at which the abandoned property is then detained. (3) The notice shall, if practicable, be served upon the owner personally, but if it is not so served within 14 days after the removal it may be given by public advertisement in a newspaper circulating in the locality in which the abandoned property was found. (4) If within one month after the date of service or advertisement of the notice the owner of the abandoned property or a person acting on his behalf or a person claiming a right to the possession of the abandoned property has not obtained possession of it in accordance with the provisions of this section. the Commissioner may- (a) by notice published in a newspaper circulating in the locality in which the abandoned property was found, advertise that he will offer the abandoned property for sale by public auction at the place and time stated in the advertisement: (b) at the time on the day stated in the advertisement (which day shall not be earlier than 14 days after the date when the advertisement was first published) and at the place stated in the advertisement, offer the abandoned property for sale by public auction unless the owner thereof or a person acting on his behalf or a person claiming a right to possession thereof has sooner obtained possession of the abandoned property in accordance with the provisions of this section: (c) if no offer or no reasonable offer is received at the auction, dispose of it in such manner and on such terms as the Commissioner may determine. (5) Notwithstanding subsection (4), the holding of a public auction may be dispensed with in any case where the

Railways Act Amendment Act 1985, No. 19 227 Commissioner, having regard to the expenses associated with the holding of a public auction and the likely proceeds resulting from the auctioning of the abandoned property, considers that the holding of a public auction is not warranted; and in any such case the Commissioner may dispose of the abandoned property, but not earlier than it would have been sold by public auction, in such manner and on such terms as he may determine. (6) The proceeds of the sale or disposal of the abandoned property shall be applied as follows:- (a) firstly, in payment of the expenses of the sale or disposal; (b) secondly, in payment of the cost of removal and detention of the abandoned property and the service or advertisement of any notice served or advertised under this section: (c) thirdly. in payment of the balance of the proceeds to the owner of the abandoned property or. if after reasonable inquiry he cannot be ascertained, into the Consolidated Revenue Fund of the State. (7) The Commissioner may deal with and dispose of any abandoned property that is perishable in such manner as he thinks fit notwithstanding any other provision of this section, and the proceeds, if any, of the disposal of such perishable property shall be applied in accordance with subsection (6). (8) Abandoned property that the Commissioner has removed and detained or caused so to be pursuant to this section shall not be delivered to the owner thereof or to another person acting on his behalf or to a person claiming a right to the possession thereof unless the following provisions of this subsection have been complied with. that is to say:- (a) the owner or person acting on his behalf or person claiming a right to possession of the abandoned property has applied in writing signed by him to the Commissioner for the release of the abandoned property: (b) the applicant has furnished proof to the satisfaction of the Commissioner of his ownership or his right to possession of the abandoned property and, in the case of the applicant being a person acting on behalf of the owner, has furnished proof to the satisfaction of the Commissioner of his authority to so act; (c) the applicant has paid all expenses incurred by the Commissioner in connexion with the removal and detention of the abandoned property and the service or advertisement of any notice served or advertised by the Commissioner in relation to the removal and

228 Railways Act Amendment Act 1985, No. 19 detention or intended sale or disposal of the abandoned property; (d) the applicant has signed a receipt for the delivery of the abandoned property to him. (9) A person who takes delivery or obtains possession of or removes or attempts to remove from the detention of the Commissioner abandoned property removed and detained pursuant to this section save in accordance with the provisions of subsection (8) is guilty of an offence. Penalty: $200. (10) In this section- (a) "vehicle" has the meaning assigned to it by the TrafficAct 1949-1982; (b) "abandoned property" includes any part of the abandoned property.". 26. Repeal of Part VII. THE MOUNT ISA RAILWAY PROJECT. PART VII of the Principal Act is repealed. 27. Amendment of Second Schedule . The Second Schedule to the Principal Act is amended by, in clause 4, inserting after the words "and other things" the words", including limitation of the liability of the Commissioner with respect thereto". 28. Repeal of Third Schedule. The Third Schedule to the Principal Act is repealed.