Railways Act Amendment Act 1989 (Qld)

740 RAILWAYS ACT AMENDMENT ACT No. 61 of 1989 ANALYSIS OF CONTENTS 1. Short title and citation 2. Amendment of long title 3. Repeal of and new s. 2. Parts Arrangement 4. Amendment of s. 5. Interpretation 5. Amendment of s. 6. Appointment of Commissioner 6. Repeal of and new s. 7. Salary of the Commissioner Basis of employment of Commissioner 7. Amendment of s. 8. Commissioner to be a corporation sole-powers and liability 8. Amendment of s. 8A. Power of Commissioner to be member of inter-State organisations, etc. 9. New s. 8B Commissioner may participate in private undertakings 10. Amendment of s. 9. Disabilities 11. Repeal of and new s. 10. Suspension and removal from office Suspension and removal from office of Commissioner 12. Amendment of s. 11. Office, how otherwise vacated 13. Amendment of s. 15. Absence, etc. of Commissioner 14. New ss. 16, 16A and 16B Secretary and other employees Bases of employment in railway service Conditions of employment on contract 15. Amendment of s. 17. Secretary and other employees 16. Amendment of s. 21. Appointments involving promotion 17. Amendment of s. 23. Misconduct of employees, how dealt with 18. Amendment of s. 30 19. Amendment of s. 32A 20. Amendment of s. 34. Before plans, etc., of proposed railway laid before Parliament, Commissioner to transmit statement and report 21. Amendment of s. 35. Authority to construct 22. Amendment of s. 50. Lands held from the Crown for estate or interest less than fee-simple 23. Amendment of s. 72 24. Amendment of s. 73 25. Omission of heading 26. Amendment of s. 92. Government railways, etc. vested in Commissioner 27. Amendment of s. 98. Railway property not subject to rates 28. Amendment of s. 103. Working of telegraphs 29. Amendment of s. 104. Mails 30. Repeal of and new s. 114. Bringing dangerous goods on the railway Dangerous goods on railway 31. Amendment of s. 115. Issue of free passes

741 32. Amendment of s. 122. Limit of damages in respect of animals 33. Amendment of s. 123. Limit on damages in respect of passengers' luggage 34. Amendment of s. 130 35. Amendment of s. 131 36. New s. 131 A Jurisdiction to hear complaint relating to railway journey 37. Amendment of s. 133. By-laws may be made 38. Amendment of s. 134. By-law to be approved by Governor in Council 39. Amendment of s. 138. Misconduct of persons employed on railway 40. Amendment of s. 138A. Damage, illegal possession, etc., of tarpaulins 41. Amendment of s. 139. Obstruction, damage, etc. 42. Amendment of s. 139A. Member of the police force may require name and address 43. Amendment of s. 141B. Removal from railway land of vehicles that obstruct other vehicles, etc. 44. Amendment of s. 141c. Disposal of abandoned vehicles and other abandoned property 45. Amendment of s. 143 46. Amendment of Second Schedule Luggage insurance charges

742 ANNO TRICESIMO OCTAVO EL,IZA ET AE SECUNDAE RE G INAE No. 61 of 1989 An Act to amend the Railways Act 1941- 1985 in certain particulars and for other purposes [ASSENTED TO 12TH MAY, 1989]

Railways Act Amendment Act 1989, No. 61 743 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 1989. (2) In this Act the Railways Act 1914-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Railways Act 1914-1989. 2. Amendment of long title .The long title of the Principal Act is amended by inserting after the words " of the State ," the words "the constitution , functions and powers of The Commissioner for Railways". 3. Repeal of and new s. 2. Parts . The Principal Act is amended by repealing section 2 and substituting the following section:- "2. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY (SS. 1-5A); PART II-THE COMMISSIONER AND STAFF (ss. 6-32E); PART III-APPROVAL, CONSTRUCTION, AND MAINTENANCE OF RAILWAYS (ss. 33-76); PART V-ADMINISTRATION (SS. 92-136); PART VI-GENERAL PROVISIONS (SS. 137-144); FIRST SCHEDULE; SECOND SCHEDULE.". 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) inserting before the term "By-laws" the following terms and their meanings:- "Australian Postal Commission"-The Australian Postal Commission established by the Postal Services Act 1975 of the Commonwealth or such other body subsequently established by any law of the Commonwealth and for the time being empowered to carry out the functions of the Australian Postal Commission; "Australian Telecommunications Commission"-The Australian Telecommunications Commission established by the Telecommunications Act 1975 of the Commonwealth or such other body subsequently established by any law of the Commonwealth and for the time being empowered to carry out the functions of the Australian Telecommunications Commission;";

744 Railways Act Amendment Act 1989, No. 61 (b) omitting the term "Commissioner " and its meaning and substituting the following term and meaning:- "Commissioner "-- The corporation sole constituted under this Act by the name "The Commissioner for Railways";"; (c) omitting the term "Prescribed " and its meaning; (d) omitting from the meaning of the term " Secretary" the expression "17 (1)" and substituting the expression "16"; (e) inserting in the meaning of the term "This Act" after the words "Commissioner " the words " or upon the holder of the ` office of Commissioner for Railways". 5. Amendment of s. 6. Appointment of Commissioner . (1) Section 6 of the. Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) The Governor in Council may from time to time, by Commission under his hand and the Public Seal of the State, appoint a Commissioner for Railways upon the conditions of employment as the Governor in Council from time to time determines."; (b) omitting subsection (3). (2) The person holding the appointment Commissioner for Railways at the commencement of this section shall continue in office as such Commissioner for the balance of his term of appointment and shall be deemed to have been appointed under and subject to the Principal Act as amended by this Act. 6. Repeal of and new s . 7. Salary of the Commissioner . The Principal Act is amended by repealing section 7 and substituting the following section:- "7. Basis of employment of Commissioner . (1) The conditions of employment of the person holding the appointment of the Commissioner for Railways- (a) shall be as approved from time to time by the Governor in Council and accepted by the person who is holding or is to hold that appointment; (b) shall be governed by a contract of employment made or deemed to be made between the Crown and that person; and (c) shall not be subject to any industrial award or industrial agreement or any determination or rule of an industrial tribunal.

Railways Act Amendment Act 1989, No. 61 745 (2) Where there has been made to a person an offer of a contract of employment with regard to his employment in the position of Commissioner for Railways it shall be deemed- (a) where the offer is made before his appointment to the position, that, upon his accepting appointment to the position; or (b) where the offer is made after his appointment to the position, that, upon his agreeing to be engaged under a contract of employment in the position, he has made with the Crown a contract of employment upon the conditions approved by the Governor in Council and conveyed to him. (3) The amount of the salary payable for the time being to the Commissioner shall be a charge upon and be paid out of Consolidated Revenue which is hereby appropriated accordingly.". 7. 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) omitting from the second paragraph the words ", as such corporation,"; (b) adding at the end thereof the following subsection:- "(4) Subject to any direction of the Commissioner, the Secretary and, additionally to the Secretary, any other officer thereunto authorized in writing for the time being by the Commissioner, may execute documents on behalf of the Commissioner and affix the seal of the Commissioner thereto. A document purporting to be executed on behalf of or having the seal of the Commissioner affixed thereto by the Secretary or other officer shall be presumed to be duly executed on behalf of the Commissioner or to have the seal of the Commissioner duly affixed unless and until the contrary is proved.". 8. Amendment of s. 8A . Power of Commissioner to be member of inter- State organisations , etc. Section 8A of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word "Commissioner" and substituting the words "person for the time being holding the appointment, Commissioner for Railways"; (ii) omitting paragraph (a); (iii) redesignating paragraphs (b) and (c) as paragraphs (a) and (b) respectively; (iv) omitting the word "and" occurring after paragraph (a);

746 Railways Act Amendment Act 1989, No. 61 (v) omitting the expression "." occurring at the end of paragraph (b) and substituting the following words: ''. and (c) any body, of whatever nature, where the Minister considers that such membership would be of assistance in the promotion of that body's purposes."; (b) in subsection (2)- (i) omitting the words "Commissioner is" and substituting the words "person for the time being holding the appointment, Commissioner for Railways is"; (ii) omitting the words "the Commissioner may" and substituting the words "he may". 9. New s. 8B. The Principal Act is amended by inserting after section 8A the following section:- " 8B. Commissioner may participate in private undertakings. (1) With the prior approval in each case of the Governor in Council, the Commissioner may participate with other persons in the carrying out of any trade or business (whether in Queensland or elsewhere) which- (a) is related to any of his functions under this or any other Act; (b) is related to functions which, if carried out in Queensland, would be functions of the Commissioner under this or any other Act; or (c) the Governor in Council approves upon the recommendation of the Minister that the Commissioner should participate in that trade or business, and for that purpose the Commissioner may acquire an interest in or become a member of anybody concerned in that trade or business. (2) Upon such terms and conditions as the Governor in Council determines, the holder of the office of Commissioner and any employee of the Commissioner may, for the purpose of facilitating the Commissioner's participation in a trade or business pursuant to subsection (1), become a member of any body concerned in that trade or business or become a manager, director or other member of the executive of that body. (3) The holder of the office of Commissioner and any employee of the Commissioner shall not be liable at law for any act done or omission made by him and authorized in that behalf by the Governor in Council.

Railways Act Amendment Act 1989, No. 61 747 10. Amendment of s. 9 . Disabilities . Section 9 of the Principal Act is amended by- (a) omitting the word "The" and substituting the words "Except as otherwise provided by this Act, the person holding the office of'; (b) omitting the words "either House of Parliament" and substituting the words "the Legislative Assembly". 11. Repeal of and new s. 10 . Suspension and removal from office. The Principal Act is amended by repealing section 10 and substituting the following section:- " 10.Suspension and removal from office of Commissioner. (1) Where it appears on reasonable grounds to the Minister that the person holding the office of Commissioner should be suspended or removed from office for disability, bankrupcty or misconduct, that person may be suspended from duty by the Minister. (2) A suspension imposed on a person pursuant to subsection (1) may be lifted at any time by the Minister. (3) The holder of the office of Commissioner suspended from duty shall not be entitled to receive salary for any period during which he does not perform the duties of his office, unless the Governor in Council otherwise determines. (4) The holder of the office of Commissioner suspended from duty who is not entitled to salary for the period of his suspension, if he resumes duty as holder of that office upon the lifting of his suspension, shall be entitled to receive a sum equivalent to the amount of salary he would have received had he not been suspended diminished by the amount of salary, wages or fees (if any) to which he became entitled from any other source during the period of his suspension, unless the Governor in Council otherwise determines. (5) Within 7 sitting days after the suspension from duty of the holder of the office of Commissioner, the Minister shall cause to be laid before the Legislative Assembly a full statement of the grounds of the suspension. (6) If, within 21 days of the laying before it of a statement pursuant to subsection (5), the Legislative Assembly resolves that the holder of the office of Commissioner ought to be removed from office, the Governor in Council shall remove the holder from office accordingly: (7) If not earlier lifted, a suspension of the holder of the office of Commissioner shall be lifted- (a) if a statement is not laid before the Legislative Assembly as prescribed by subsection (5), upon the expiration of the time prescribed for the laying of the statement; (b) if a statement is laid before the Legislative Assembly as prescribed by subsection (5) and the Legislative

748 Railways Act Amendment Act 1989, No. 61 Assembly does not pass a resolution that the holder of the office of Commissioner ought to be removed from office within the time prescribed therefor, upon the expiration of that time.". 12. Amendment of s. 11. O ffice , how otherwise vacated . Section 11 of the Principal Act is amendedbbyy- - (a) inserting after the word "The" the words "holder of the office of '. (b) inserting in paragraph (v) after the word "If' the words "otherwise than as a member of any body or as participant in any trade or business where his membership or participation is authorized by this Act". 13. Amendment of s. 15. Absence , etc. of Commissioner . Section 15 of the Principal Act is amended by- (a) inserting in the note to the section after the word "of' the words "holder of office of (b) in subsection (1)- (i) omitting the words "Commissioner, the Secretary" and substituting the words "holder of the office of Commissioner, the Secretary or an officer appointed from time to time by the Minister for that purpose and"; (ii) inserting before the word "Commissioner" where it last occurs the words "holder of the office of (c) inserting in subsection (2) before the word "Commissioner" where it occurs 3 times the words "holder of the office of' in each case. 14. New ss. 16, 16A and 16B. The Principal Act is amended by inserting after section 15 the following sections:- "16. Secretary and other employees . The Commissioner shall appoint and employ (a) a Deputy Commissioner and Secretary to the Commissioner for Railways; (b) Assistant Commissioners for Railways; (c) a Chief Civil Engineer; (d) a Chief Mechanical Engineer; and (e) such officers, clerks and other employees to assist in the execution of this Act as he thinks necessary.

Railways Act Amendment Act 1989, No. 61 749 16A. Bases of employment in railway service . (1) Appointment to any office within the railway service, including by way of promotion, shall be made as follows:- (a) if the office is one declared pursuant to subsection (2), the appointment shall be made for a limited duration of time; (b) if the office is one not declared pursuant to subsection (2), the appointment shall be upon a tenure that is not limited by time. (2) The Governor in Council may, by Order in Council, declare any office or class of office to be an office or class of office to which appointment shall be made upon a contract basis. While such a declaration subsists, appointment to the office so declared or to an office of a class so declared shall be made upon a contract basis. 16B. Conditions of employment on contract . (1) Where appointment to an office within the railway service is duly made under this Act upon a contract basis, the conditions of employment in that office- (a) shall be as approved from time to time by the Governor in Council and accepted by the person who is or is to be the holder of the office; (b) shall be governed by a contract of employment made or deemed to be made between the Commissioner and the officer concerned; and (c) shall not be subject to any industrial award or industrial agreement or any determination or rule of an industrial tribunal. (2) Where there has been made to any person an offer of a contract of employment with respect to his employment in an office that under this Act is one to which appointment shall be made upon a contract basis (whether the offer is made before or after the commencement of this Act) it shall be deemed- (a) where the offer is made before the person's appointment to the office, that upon his accepting appointment to the office; or (b) where the offer is made after the person's appointment to the office, that, upon his agreeing to being engaged under a contract of employment in the office, the person has made with the Commissioner a contract of employment upon the conditions approved by the Governor in Council in relation to the office and conveyed to him. (3) If at any time an appointment to an office purporting to have been made under this Act upon a contract basis is not duly so made, the appointment shall be deemed to have been

750 Railways Act Amendment Act 1989, No. 61 made upon a tenure that is not limited by time and upon conditions of employment provided for by any relevant industrial award or industrial agreement and the appointee shall hold the office accordingly. (4) Where the contract of employment made or deemed to have been made with the Commissioner by an officer of the railway service who holds an office upon a contract basis is terminated otherwise than by way of disciplinary action pursuant to this Act the officer is entitled to elect to continue to be employed as an officer, though not upon a contract basis, at a level of salary determined by the Commissioner but not less than the level of salary at which he was employed at the time immediately before he first accepted employment upon a contract basis, adjusted to accord with movements in rates of salaries since that time and, if he does so elect, the officer shall renounce all entitlements secured to him by the contract of employment in the event of its termination in the circumstances in which the termination has occurred. Every such election (a) shall be made in writing signed by the officer and given to the Secretary no later than 14 days after notice of termination of the contract has been given to the officer; and (b) upon being duly made, shall have the effect that the elector's services as an officer shall be deemed not to have been terminated by the termination of his contract of employment but to have continued in accordance with the terms of election prescribed by this subsection. This subsection applies only in relation to- (c) an office of a prescribed class; and (d) an officer who at the time he was first appointed to an office upon a contract basis held an office within the railway service upon a tenure unlimited by time, and whose service in the last-mentioned office and in any office or offices subsequently held by him until the termination of the contract in question has been continuous. (5) Service of an officer shall be deemed to be continuous if it accords with a by-law (if any) relating to continuity of service in the railway service.". 15. Amendment of s. 17. Secretary and other employees . Section 17 of the Principal Act is amended by (a) omitting the note to the section and substituting the note "Employment provisions. " .

Railways Act Amendment Act 1989, No. 61 751 (b) omitting subsection ( 1) and substituting the following subsection:- "(1) Notwithstanding any industrial award or industrial agreement , the Commissioner may at any time create any office or position, abolish any office or position or vary the grade and pay in respect of any office or position within the railway service.": (c) omitting subsection (2); (d) inserting in subsection (3) after the word "employee" the words ", other than an employee upon a tenure that is limited by time,"; (e) adding at the end of subsection (4) the following paragraph:- "In respect of a person employed under a contract upon tenure limited by time, the provisions of this subsection apply to the extent that those provisions do not conflict with the terms of the contract."; (f) in subsection (4B)- (i) omitting from paragraph (a) the word "license" where it twice occurs and substituting the word "licence" in each case; (ii) omitting from paragraph (b) the word "license" where it occurs three times and substituting the word "licence " in each case; (iii) omitting from paragraph (c) the word " license" where it occurs three times and substituting the word "licence" in each case; (iv) omitting from paragraph (e) the word "license" and substituting the word "licence"; (v) omitting from paragraph (f) (ii) the word " license" and the expression "1949-1982" and substituting the word "licence" and the expression "1949-1985"; ( g) omitting subsection (5). 16. Amendment of s. 21. Appointments involving promotion. (1) Section 21 of the Principal Act is amended by- (a) omitting the last paragraph of subsection (1); (b) inserting in subsection (4) after the word "appointment" the words "by way of promotion of an existing employee"; (c) omitting subsection (6) and the Table therein and substituting the following subsection:- "(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- (i) in an office or one of a class of office declared by or pursuant to this Act to be an office or class of office

752 Railways Act Amendment Act 1989, No. 61 to which appointment shall be made upon a contract basis; or (ii) in an office or one of a class of office declared by Order in Council to be an office or a class of office in respect of appointment to which no appeal lies."; (d) omitting from subsection (7) the words "specified in or". (2) Notwithstanding the provisions of section 21 of the Principal Act as amended by this Act, the provisions of section 21 of the Principal Act shall apply as if this Act had not been enacted in respect of any appointment to any vacancy within the railway service made before the commencement of this Act. 17. Amendment of s. 23. Misconduct of employees , how dealt with. Section 23 of the Principal Act is amended by omitting from subsection (1) (b) the expression "$50" and substituting the expression "$100". 18. Amendment of s. 30 . Section 30 of the Principal Act is amended by- (a) omitting from subsection (1) the words "which shall comprise the South-Eastern Division and the South-Western Division"; (b) omitting from subsection (2) the words "Railway Refreshment Rooms", the word "Stores", the words "Telegraph sections of the Chief Engineer's" and the word "Locomotive" and substituting the words "Catering Services", the word "Supply", the word "Telecommunications" and the word "Rollingstock" respectively; (c) omitting from subsection (3) the word "Locomotive" where it twice occurs and substituting the word "Rollingstock" in each case; (d) omitting from subsection (I 1A) the word "uphold" and the word "think" and substituting the words "upholds" and the word "thinks" respectively; (e) omitting from subsection (11 B) the word "twenty" and substituting the expression "100". 19. Amendment of s. 32A. Section 32A of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from the second paragraph the words "Railway Refreshment Rooms", the word "Stores", the words "Telegraph sections of the Chief Engineer's" and the word "Locomotive" and substituting the words "Catering Services", the word "Supply", the word "Telecommunications" and the word "Rollingstock" respectively; (ii) omitting from the third paragraph the words "South-Eastern Division, the South-Western" and substituting the word "Southern";

Railways Act Amendment Act 1989, No. 61 753 (b) omitting from subsection (3) the word "Locomotive" where it twice occurs and substituting the word "Rollingstock" in each case. 20. Amendment of s. 34. Before plans , etc., of proposed railway laid before Parliament, Commissioner to transmit statement and report. Section 34 of the Principal Act is amended in subsection (1) by- (a) omitting from paragraph (ii) the word "rolling-stock" and substituting the word "rollingstock"; (b) omitting from paragraph (iii) the word "locomotive" and substituting the word "rollingstock". 21. Amendment of s. 35. Authority to construct . Section 35 of the Principal Act is amended by omitting the words "resolutions of both Houses of Parliament" and the words "such resolutions" and substituting the words "resolution by the Legislative Assembly" and the words "that resolution" respectively. 22. Amendment of s. 50 . Lands held from the Crown for estate or interest less than fee-simple . Section 50 of the Principal Act is amended in subsection (1) by- (a) designating the first paragraph as paragraph (a); (b) inserting after paragraph (a) the following paragraph:- "(b) The Commissioner as a constructing authority under the Acquisition of Land Act 1967-1986 may and, it is hereby declared, always could take for any purpose of this Act an easement over land which is held from the Crown for a lesser estate or interest than fee-simple."; (c) designating the paragraph commencing with the word "Any" as paragraph (c); (d) inserting after paragraph (c) the following paragraph: "(d) Where an easement over land is or has at any time vested in the Commissioner as provided in paragraph (b), paragraph (c) does not and, it is declared, never did, apply to the land the subject of that easement." (e) designating the last paragraph as paragraph (e). 23. Amendment of s. 72. Section 72 of the Principal Act is amended by omitting from subsection (1) the expression ":-" and substituting the expression ".". 24. Amendment of s. 73. Section 73 of the Principal Act is amended by omitting from subsection (7) the words "twenty dollars" and substituting the words "2 penalty units". 25. Omission of heading . The Principal Act is amended by omitting the heading "PART IV-RAILWAY DISTRICTS" occurring after section 76.

754 Railways Act Amendment Act 1989, No. 61 26. Amendment of s. 92. Government railways, etc. vested in Commissioner . Section 92 of the Principal Act is amended by inserting at the end thereof the following subsection:- "(3) Any road or part of a road acquired for or on behalf of the Crown included within the boundary fences of a railway referred to in subsection (1) vests and it is declared always did, from the time of its acquisition, vest in the Commissioner for an estate in fee simple.". 27. Amendment of s. 98 . Railway property not subject to rates. Section 98 of the Principal Act is amended by omitting the word "No" and substituting the words "Except as provided by section 27 (8) of the Local Government Act 1936-1987, no". 28. Amendment of s. 103. Working of telegraphs . Section 103 of the Principal Act is amended by- (a) omitting the words "Postmaster-General" where they occur 3 times and substituting the words "Australian Telecommunications Commission" in each case; (b) omitting the words "of the Commonwealth;". 29. Amendment of s. 104. Mails. Section 104 of the Principal Act is amended by- (a) omitting the words "Postmaster-General of the Commonwealth" and substituting the words "Australian Postal Commission and the Australian Telecommunications Commission"; (b) omitting the words "Postmaster-General by" and substituting the words "Australian Telecommunications Commission by". 30. Repeal of and new s . 114. Bringing dangerous goods on the railway. The Principal Act is amended by repealing section 114 and substituting the following section:- "114. Dangerous goods on railway. (1) A person shall not have in his possession or in his luggage while travelling by railway any dangerous goods or other goods which, in the opinion of the Commissioner, a General Manager or an employee, are of a dangerous nature. (2) A person shall not send by railway any dangerous goods unless- (a) the package containing the goods is distinctly marked with the nature of the goods; or (b) the employee with whom the goods are left at the time of sending is given notice in writing setting out the nature of the goods. Penalty: 40 penalty units.

Railways Act Amendment Act 1989, No. 61 755 (3) Where the Commissioner, a General Manager or an employee suspects that a package may contain dangerous goods or goods of a dangerous nature, he may- (a) refuse to take the package; (b) require the package to be opened for inspection. (4) For the purposes of thissection- "dangerous goods" means substances classifiable in accordance with the classification system specified in section 2-Classification of Dangerous Goods-of the Code, any of the substances listed in section 9- Index of Dangerous Goods-of the Code and any of the substances listed in section 10-Index of Dangerous Goods of Class 1 (Explosives)-of the Code and includes any substances declared by Order in Council to be dangerous foods for the purposes of this Act, but does not include any substance declared by Order in Council not to be dangerous goods for the purposes of this Act; "the Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail last published before the passing of this Act in the Commonwealth of Australia Gazette No. P15 issued 7 April 1987 and includes- (a) that code as amended from time to time by amendments published in the Commonwealth of Australia Gazette; and (b) that code as last so published in an amended form.". 31. Amendment of s. 115 . Issue of free passes . Section 115 of the Principal Act is amended by omitting all words from and including the words "(1) Members of' to and including the words "not a member :" and substituting the following words:- "(1) Members of the Legislative Assembly: Such a pass shall become void and shall be returned to the Commissioner upon the election of another person to serve in place of a Member or upon the election of a new Parliament of which he is not a member.". 32. Amendment of s. 122. Limit of damages in respect of animals. Section 122 of the Principal Act is amended in subsection (1) by omitting the words "For every head of cattle, $200;" and substituting the words "For every head of cattle, $400;". 33. Amendment of s. 123. Limit on damages in respect of passengers' luggage . Section 123 of the Principal Act is amended by- (a) omitting the words "fifty dollars" where they twice occur and substituting the expression "$200" in each case;

756 Railways Act Amendment Act 1989, No. 61 (b) omitting all words from and including the words "which shall" to the end of the section and substituting the words "calculated as prescribed.". 34. Amendment of s. 130 . Section 130 of the Principal Act is amended by omitting from subsection (7) all words from and including the words "for a first" to and including the words "eighty dollars," and substituting the words "to a penalty of 20 penalty units". 35. Amendment of s. 131. Section 131 of the Principal Act is amended by (a) in subsection (1)= (i) omitting the expression "$100" and substituting the words "20 penalty units"; (ii) adding at the end thereof the following paragraph:- "For the purposes of this subsection, where a person travels or attempts to travel by railway without having previously paid his fare from a station at which he could, immediately prior to travelling or attempting to travel on that journey, have paid his fare, an excuse that he did not have time to pay his fare before travelling or attempting to travel is not by itself reasonable, if a train was available on which he could have travelled on that journey within 30 minutes after his commencing or attempting to travel on that journey."; (b) omitting subsection (3) and the note thereto. 36. New s. 131A. The Principal Act is amended by inserting after Section 131 the following section:- "131A. Jurisdiction to hear complaint relating to railway journey . A complaint for an offence under this or any other Act by a person in respect of or committed during a railway journey by that person may be heard at any place appointed for the holding of a Magistrates Court within any Magistrates Courts District within which, or within 35 kilometres of the boundary of which, that person has travelled any part of that journey.". 37. Amendment of s. 133 . By-laws may be made . Section 133 of the Principal Act is amended by omitting the expression "$200" and substituting the words "20 penalty units". 38. Amendment of s. 134. By - law to be approved by Governor in Council . Section 134 of the Principal Act is amended in subsection (1), in the third paragraph by- (a) omitting the word "forty" where it twice occurs and substituting the words "14 sitting" in each case; (b) omitting the words "Parliament is sitting " and substituting the words "the Legislative Assembly is in session".

Railways Act Amendment Act 1989, No. 61 757 39. Amendment of s. 138. Misconduct of persons employed on railway. Section 138 of the Principal Act is amended by omitting from the last paragraph the words "one hundred dollars" and substituting the words "20 penalty units". 40. Amendment of s. 138A. Damage, illegal possession, etc., of tarpaulins . Section 138A of the Principal Act is amended by omitting the words "twenty dollars or more than sixty dollars" and substituting the words "2 penalty units nor more than 20 penalty units". 41. Amendment of s. 139 . O bstruction , damage , etc. Section 139 of the Principal Act is amended in subsection (1) by- (a) omitting from paragraph (i) the expression "$1 000" and substituting the words "40 penalty units"; (b) omitting from paragraph (ii) the expression "$100" and substituting the words "20 penalty units". 42. Amendment of s. 139A. Member of the police force may require name and address . Section 139A of the Principal Act is amended by omitting from subsection (2) and from subsection (3) the expression "$500" and substituting the words "20 penalty units" in each case. 43. Amendment of s. 141B. Removal from railway land of vehicles that obstruct other vehicles, etc . Section 141B of the Principal Act is amended by omitting from subsection (7) the expression "$200" and substituting the words "20 penalty units". 44. Amendment of s. 141c. Disposal of abandoned vehicles and other abandoned property . Section 141c of the Principal Act is amended by omitting from subsection (9) the expression "$200" and substituting the words "20 penalty units". 45. Amendement of s. 143 . Section 143 of the Principal Act is amended by- (a) omitting from subsection (5) and from subsection (6) the expression "$200" and substituting the words "20 penalty units" in each case; (b) omitting from subsection (7) the words "forty dollars" and substituting the words "4 penalty units".

758 Railways Act Amendment Act 1989, No. 61 46. Amendment of Second Schedule. The Principal Act is amended in the Second Schedule by inserting after clause 33 the following clause:- "33A. L uggage insurance charges. Prescribing the insurance charges or the factors upon which insurance charges shall be calculated in respect of passengers' luggage with a value greater than the prescribed value.".