Railways Act Amendment Act of 1915 (6 Geo v No. 28) (Qld)

6992 RAILWAYS AND TRAMWAYS. Railways Act Amendment Act. 6 GEO. V. No. 28, PUBLIC CURATOR. See TRUSTEES AND EXECUTORS. RAILWA¥S AND TRAMWAYS. 6 Geo. v. An Act to Amend "The Railways Act of 1914" in ~ ~ !8. certain particulars, and for other consequential RAILWAYS ACT purposes. ! ~ : ~ ~ ~ ~ IT [ASSENTED 1'0 22ND DECEMBER, HH5.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title 1. This Act may be cited as "The Railways Act :!truction Amendment Act of 1915," and shall be read as one with of Act. "The Railways Act of 1914,"* herein called the Principal Act. Amendment 2. In section five of the Principal Act the definitions of s. 5. of" Rateable Land" and" Ratepayer" are repealed. 3. Sections thi~teen, fourteen, fifteen, and sixteen of the Principal Act are repealed, and the following sections are inserted in lieu thereof :- Deputy Com- missioners. [13.] (1.) The Governor in Council may appoint two Deputy Commissioners, each for a term not exceeding three years. Such Deputy Commissioners shall be stationed: at Townsville and Rockhampton respectively, and, subject to the Commissioner, shall have charge of the railways in the Northern and Central Divisions respectively. Each such Deputy Commissioner shall during his con- tinuance of office receive such salary as Parliament from time to time appropriates for that purpose,· and shall at any time during the term of his appointment be subject to suspension or removal from office by the Governor in Council, on the grounds of incompetence or misconduct. One of such Deputy Commissioners shall be appointed to be Senior Deputy Commissioner. , (2.) The Deputy Commissioner holding office at the passing of this Act sha.ll continue in office as the Senior Deputy Commissioner, and shall be deemed to have been appointed under and subject to this Act. * 5 Geo. V. No. 24, supra, page 6290.

RAILWAYS AND TRAMWAYS. 6993 1915. Railways Act Amendment Act. [14.] Except as is herein provided, the Deputy Com- Duty <:>f missioners shall, subject to the direction and control Deputies. of the Commissioner, assist him in the general manage- ment, inspection, and supervision of the railways under their respective charge. [15.] (1.) In the case of the illness, suspension, or Absence,&c., absence of the Commissioner, the Secretary, under the ~ : ~ r. direction of the Minister, shall during such illness, sus- pension, or absence have and exercise all the powers and perform all the duties of the Commissioner. (2.) In case of the death of the Commissioner, the Senior Deputy Commissioner shall assume and exercise all the powers and authorities and perform all the duties of the Commissioner until a new Commissioner is appointed, and shall appoint an officer to have charge of the railways in his Division during such period. [16.] For the purpose of discussing and facilitating Monthly the business of the Department, each Deputy Commis- conference. sioner shall, at least once a month, meet in conference the respective heads for the time being of the Engineering, Traffic, and Locomotive branches of the Department in his Division, all of whom shall if possible be present at the same time; and shall furnish to the Commissioner a report with a copy of the minutes of each such monthly conference; and for the same purpose the Commissioner shall, at least once a month, meet in conference the respective heads for the time being of the Engineering, Traffic, and Locomotive branches of the Department in the Southern Division, all of whom shall if possible be present at the same time. Proceedings at all such conferences shall be conducted in such manner as to the Commissioner seems most convenient for the speedy and effectual despatch of business. 4 In subsection one of section eighteen of the Amendment Principal Act, after the word "appoint," the words of s. 18. "for the Southern Division, and in respect of his Division each Deputy Commissioner respectively may appoint," ar~ inserted. 5. In subsection two of section twenty-one of the Amendment Principal Act, after the word" Commissioner," the words of s. 21. " or the Deputy Commissioner concerned '? are· inserted.

6994 RAILWAYS AND TRAMWAYS. Railways Act Amendment Act. 6 GEO. V. No. 28, Subsection three of the said section is repealed, and the following subsection is inserted in lieu thereof:- (3.) Any employee who is so passed over shall have the right of appeal to the Appeal Board as hereinafter provided. oAfms. en2d2.ment Princ 6 ip . a I l n Acsut, basfetcetriotnhetwwoorodf"sCecotmiomn istwsieonnteyr, - " twthoe owfotrhdes " or the Deputy Commissioner concerned " are inserted. Amendment of-s.23. 7. At the beginning of subsection one of section twenty-three of the Principal Act, the words "Each Deputy Commissioner or" are inserted; and in the said subsection the words "such office" are repealed, and the words "any office" are inserted in lieu thereof. oAfms. en 2 d 7. ment twen 8 ty . -sTehveen soefcotnhde ParnindcitphailrAd ctpaarreagrreappehasledo. f section Repeal of 9. Section twenty-nine of the Principal Act· is 8.29. repealed. Appeal Board. 10. Subsections one and two of section thirty of the Principal Act are repealed, and the following subsections are inserted in lieu thereof :- (1.) Every appeal which under this Act may be made by an employee to the Appeal Board shall be made to the Appeal Board constituted for the division of the State in which such employee is employed, and the respective Appeal Boards shall consist of the following members :-. A police magistrate who shall be appointed by the Governor in Council for each of the divisions of the State respectively; Four employees (hereinafter called respectively "the employees' representatives") who shall be elected for each of the divisions respectively of the State; In the Southern Division, the persons holding for the time being the offices of Chief Engineer, Signal and Light Engineer, Chief Mechanical Engineer, and General Traffic Manager; or, in the Central and Northern Divisions respec- tively, the officers in control of Traffic, Main- tenance, and Locomotive work. (2.) Each Board when sitting for the purposes of any appeal shall be composed of the police magistrate aforesaid, one· of the aforesaid officers who is not the

RAILWAYS AND TRAMWAYS. 6995 1915. Railways .Act .Amendment .Act. head of the branch in which the appellant is ePlployed, and the employees' representative who is em~ loyed in the branch in which the appellant is employed;. and for this purpose an employee in the Head Office or in the Stores branch shall be deemed to be attached to the Traffic branch, and an employee in the Signal and Light Engineer branch shall be deemed to be attached to the Maintenance branch, and the Running Staff anp. Work- shops Staff of the Locomotive branch shall be deemed to be separate branches. . Subsection four of the said section is repeale~ , and the following subsection is inserted in lieu thereof :-'- (4.) Each Board .shall meet for the despatch of business as often as may be required. In r~ spect of appeals in the Southern Division the Secretary, and in respect of appeals in the Northern and Central Divisions the respective Deputy Commissioners, shall c0Iil.vene all meetings of the respective Boards, and shall keep a record of all proceedings thereof and of the decisions aIirived at. 11. In subsection two of section thirty-fo-rtr of the Amendmen J i Principal Act, after the word "Minister," the words of 8. 34. "a map and description, under his official seal, showing the route of the proposed railway, and" are inserted. In subsection three of the said section, after ;the word . I "statement," the words "map and description" are inserted. . I 12 In section seventy-four of the Prindpal Act, Amendment after the word "Commissioner," the words '" in the of 8.74. Southern Division, and in respect of the Nort~ ern and Central Divisions the Deputy Commissioner concerned, subject to the approval of the Commissioner," are inserted. 13. In subsections one and two of section seventy- Amendmenr five of the Principal Act, after the word" Commissioner," of s. 75. the words" in the Southern Division, and in respect of the Northern and Central Divisions the Deputiy Com- I missioner concerned," are respectively inserted.. 14. Part IV. of the Principal Act, comprising sections Repeal of seventy-seven to ninety-one both inclusive thereof, is Part IV. repealed: Provided as follows :- (a) Any additions to the capital cost of ;any rail- way made pursuant to section eighty-one of

6996 RAILWAYS AND TRAMWAYS. Railways Act Amendment Act. 6 GEO. V. No. 28, the Principal Act before the passing of this Act shall be deleted from the railway account of the railway concerned, and be deemed not to have been made; (b) Save as next hereinafter provided, all amounts due and payable to the Commissioner on the first day of July, one thousand nine hundred and twelve, in respect of any deficiency, and which are outstanding and in arrear at the passing of this Act, shall be collected and paid, and for that purpose the provisions of the said Part shall remain in force : Provided nevertheless that this provision shall not apply in the case of the North Coast Railway being constructed under" The North Coast Railway Act of 1910."* (c) No amount which has become due and payable to the Commissioner since the first day of July, one thousand nine hundred and twelve, in respect of any deficiency, and which is outstanding and in arrear at the passing of this Act, shall be collected or hereafter charge- able. Amendment 15. In section one hundred and five of the Principal of s. 105. Act, after the word" adjoining" the words" or near to" are inserted. . The following provision is added to the said sec- tion :- Where necessary for giving effect to this provision, any railway or branch thereof, or connection or siding, may be constructed and maintained by the Commissioner along, over, under, or across any public road; and in such case the provisions of se.ction thirty-six of this Act shall apply. Amendment 16. In section one hundred and six of the Principal of s. 106. Act, after the word "Commissioner," the words "and each Deputy Commissioner" are inserted. Amendment 17. In the first paragraph of section one hundred and of s. 110. ten of the Principal Act, after the word" Commissioner," the words " or a Deputy Commissioner" are inserted. * 1 Geo. V. No. 12, 8upra, page 2928.

RAILWAYS AND TRAMWAYS. 6997 1915. Railways Act Amendment Act. 18. In section one hundred and twelve of the Prin- Amend: ~ tent cipal Act, after the word "Commissioner," the words of s. 11 • " or a Deputy Commissioner" are inserted. 19. In section one hundred and thirteen of the Amendment Principal Act, after the word" Commissioner" where it of s. 113. twice occurs, the words "or a Deputy Commissioner" are respectively inserted. 20. In the first paragraph of section one hundred ~ me~ ~ ~ ent and fourteen of the Principal Act, the words "or his 0 s. . employees" are repealed, and the words" or a Deputy Commissioner or any employee" are inserted in lieu thereof. \ In the third paragraph of the said section, after the word "Commissioner," the words "or ~ Depruty Com- missioner" are inserted. 21. In section one hundred and nineteen of the Amendment Principal Act, after the word "Commissioner"! wherever of s. 119. it occurs, the words" or the Deputy Commissioner con- cerned" are respectively inserted. 22. In section one hundred and twenty-six of the Amen~ ment Principal Act, after the word " Commissioner' ~ where it of s. 1_6. first occurs, the words "in respect of the Southern Division, and in respect of the Northern and Central Divisions the Deputy Commissioner for that Division," are: inserted; and after the word "Commissioner" where it secondly occurs, the words "or the Deputy Commissioner con- . cerned" are inserted. 23. In section one hundred and thirty of the Prin- Amendment cipal Act, after the word " Commissioner". w~ erever it of s. 130. occurs, the words " or a Deputy CommIssIoner" are inserted. 24. Section forty-one of the Second SchedUle to the Amendment Principal Act is repealed. of Sch. H. 25. The Acts mentioned in the Schedule to this Act Repeal of are repealed to the extent therein indicated. ~ : ~c~ ~ents. Schedule.

6998 RAILWAYS AND TRAMWAYS. Railways Act Amendment Act. 6 GEO. V. No. 28, 1915. [See s. 25.] SCHEDULE. Year a.nd Number of Aot. Title of Act. I Extent of Repeal. 1------------------- 6 Edw. VII. No. 28* 9 Edw. VII. No. 5t 9 Edw. VII. No. 6t 9 Edw. VII. No.17§ 1 Geo. V. No.UII 1 Geo. V. No. 12~ 2 Geo. V. No. 7** 4 Geo. V. No. 17tt 4 Geo. V. No. 18tt 5 Geo. V. No. 37§§ " The Dalby to Oattle Creek The whole. Railway Diatrict Act of 1906" " The Mac1cay Rauway Ex- Subseo. 5 of s. 2~ te1t8ion aM M cGregor ss. 5 and 7. Greek Branch RailwaY8 Act of 1909" " The Warwick to M arymle The whole. Railway Act of 1909" "The Port Alma Railway SS. 3, 6, 7, 8, 10. Act of 1909" U, and Schedule. "The Great Western Rail- SS. 3, 5, subseos. 2 way Act of 1910" and 3 of s. 7, sub- sec. 3 of s. 8, s. 9. Sch.n. " The N oreh Coast Railway SS. 3, 5, subsec. 4 Act of 1910" of s. 6, subsecs. 2 and 3 of s. 7, ss. 8 and 9, and Soh.n. cc The.Mary Valley Railway '1;'he whole. Act of 1911" "The Great Western Rail- S. 3 and Sch. I. and way Act Amendment Act n. of 1913" " The Roma to Orallo Rail- The whole. way Act of 1913" " TheMO'UntRus8ellto Cecil The whole. P7o,irt8 Railway Act of 1914" REGULATION OF SUGAR CANE PRICES See SUGAR. RIGHTS IN WATER. See WATER. SCAFFOLDING, INSPECTION OF. See LABOUR. SETTLERS' (AGRICULTURAL) RELIEF See LAND. * Supra, page 4120. t Supra, page 4183. t Supra, page 4254. § Supra, page 4221. I Supra, page 2921. "if Supra, page 2928. ** Supra, page 5244. tt Supra, page 5986. tt Supra, page 6057. §§ Supra, page 6444.