Railways Acts Amendment Act 1902 (WA)

aitataern attotralia.

ANNO SECUNDO

EDWARDI VII. REGIS.

**************464 **********a****************************

No. XXXV.

AN ACT to amend the Railways Acts.

[Assented to, 20th December, i902.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

1.     THIS Act may be cited as the Railways Acts Amendment

Act, 1902. Short title.

2.      IN this Act, unless the context otherwise indicates or Interpretation

requires, —

" Commissioner means the Commissioner of Railways for the

time being:

" Government Railway" means any railway belonging to His

Majesty in Western Australia, and includes

(1.) All land belonging to His Majesty upon which the railway is constructed, or which is or is reputed to be held or used in connection with or for the purpose of the railway ; and also

EDWARD' VII., No. 35.

Railways Acts—Amendment

(2.) All buildings, erections, wharves, jetties, works, rolling-stock, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind belonging to His Majesty, and situate on such land, or held or used or reputed to be held or used in connection with or for the purpose of the railway.

" Minister " means the Minister for Works and Railways, or the responsible Minister of the Crown administering this Act for the time being ;

" Railways Acts " means the Railways Act, 1878, and the Acts

amending the same.

The Commissioner.	3. (t.) THE person holding the office of Commissioner at the commencement of this Act shall, subject to the provisions herein- after contained, continue to hold such office for five years from that date.
(2.) On the occurrence of a vacancy in the office of Commissioner, the Governor may

(a.) Appoint a person to be the Commissioner who,

subject as aforesaid, shall -hold office for the term

• of five years from his appointment ; or

(b.) Appoint an acting Commissioner who, while so

acting, shall have the powers and perform the

duties of the Commissioner.

Constitution of 4. ( .) THE Commissioner shall be a body corporate by the

Commissioner.

name "The Commissioner of Railways of Western Australia ;" and,

by that name, shall have perpetual succession and a- common seal.

Seal of Commis-

(2.) All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Commissioner affixed to any document or notice, and shall presume that such seal was duly affixed.

sioner.

Salary of 5. op TH E Commissioner shall receive the salary of Fifteen

Commissioner.	hundred pounds a year.
(2.) Such salary is hereby charged on the Consolidated Revenue Fund, and such fund, to the extent required for the payment of such salary, is hereby permanently appropriated.

Commissioner	6. THE Commissioner shall, at the expiration of his term of
eligible for

re-appointment. office; be eligible for re-appointment for a like term of five years.

Certain Acts not to 7. NOTHING in the Public Service Act, 1900, or the

apply to Commis- Superannuation Act shall apply to the Commissioner. sinner.

2° EDWARDI VII., No. 35.

Railways Acts—Amendment.

8. IN case of the illness, suspension, or absence of the C07711/1i8-

Commissioner, the Governor may appoint some person to act as his spicenPetj deputy during such illness, suspension, or absence, and until such appointment is terminated by notice in the Government Gazette. Every person so appointed shall, while so acting, have all the powers and perform all the duties of the Commissioner.

9.

THE Commissioner shall have the management, main- tenance, and control of all Government railways open for traffic, and CP Powers of

, Commissioner.

with the approval of the Minister, may make additions and improve- ments to existing lines, and . in the performance of his duty shall have the powers, and be subject to the liabilities of a Commissioner of Railways under the Railways Acts.

made in accordance with the Railways Acts, and approved by the rraemtsolls, and W. ALL fares, tolls, and freights shall be fixed by regulations Governor and published in the Government Gazette.

Such regulations shall be laid before both Houses of Parliament within fourteen days after publication, if Parliament is then sitting, or if Parliament is not then sitting, within fourteen days after its next sitting.

11. ALL railway employees, except the clerical staff, shall be Classification.

subject to the provisions of any Classification Act for the time being

in force.

12. SECTION three of the Railway Servants Act, 1887, is Repeal of s. 3, 51

hereby repealed. Viet., No. 1.

THE Commissioner shall decide on the position, character, and suitableness of all stations, station platforms, gate-houses, station-	Powers of Com-
lines in construc-
missioner over
yards, and sheds required for or in connection with any railway	tion.
hereafter to be constructed, or of any other building, siding, platform, or work for the accommodation of the passengers, stock, or goods to be carried on such railway.

13.

THE Commissioner may apply in writing to the Minister for additional stores, plant, material, rolling-stock, stations, sheds,

Commissioner may

requisition for

and other accommodation which, in his opinion, may be required

rolling-stock, etc.

to enable him to meet the traffic requirements, or insure the

efficient working of all Government railways open for traffic.

14.

IN the first month in each quarter of every year the Commissioner shall report in writing to the Minister upon	Quarterly reports
to Minister.

15.

(a.) The state of the traffic returns, with the approximate cost and earnings of trains per train mile, in respect of passengers and goods respectively carried during the past quarter ;

2° EDWARD' VII., No. 35.

Railways Acts—Amendment.

(b.) The general conditions of the lines, and accommodation

for the traffic ;

(c.) Such other matters as the Minister may direct :

Such reports shall be laid before Parliament if Parliament is sitting, and if not, then immediately upon the re-assembling of Parliament ; but the Minister may, if he think fit, publish such reports forthwith on his receiving them.

Annual Report. 16. (1.) THE Commissioner shall prepare an annual report upon

the Government Railways and the working thereof, and an account

of all moneys received and expended during the preceding year.

(2.) Such annual report shall be laid before both Houses of Parliament in the month of September in each year, if Parliament is then sitting, and if Parliament is not then sitting, then within one month after the commencement of the next ensuing session thereof.

(3.) He shall also prepare estimates, in such form as the Minister may from time to time direct, of the receipts and expenditure for each period of twelve months ending on the thirtieth day of June in every year.

17. ANY deputation in which a. member of Parliament takes

Deputations.

part, or at which he is present, shall interview the Minister and not

the Commissioner.

Suspension and 18. (l.) THE Commissioner may be suspended from his office

removal of Com-	by the Governo •-
missioner.

(a.) For misbehaviour or incompetence.

(b.) If he engages, during his term of office, in any

employment outside the duties of his office ; or

(c.) If he becomes bankrupt, or applies to take the benefit

of any Act for the relief of insolvent debtors, or

compounds with his creditors, or makes an assign-

ment of his salary for their benefit ; or

(d.) If he absents himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor (which leave he is hereby authorised to grant), or becomes incapable of performing his duties ; or

(e.) If he becomes in any way concerned or interested in

any contract or agreement made by or on behalf

of the Government, or in anywise participates or

2° EDWARDI VII., No. 35.

Railways Acts—Amendment.

claims to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom.

(2.) The Minister shall cause to be laid before Parliament a full statement of the grounds of suspension within seven days after such suspension, if Parliament is sitting, and, when Parliament is not sitting, within seven days after the next sitting.

(3.) The Commissioner, when suspended under this section, shall not be restored to office unless each House of Parliament, within forty days from the time when such statement has been laid before it, declares by resolution that the said Commissioner ought to be restored to office.

(4.) If each House of Parliament within the said time so declares, the said Commissioner shall be restored by the Governor accordingly, but otherwise may be removed from office.

(5.) The Commissioner shall not be removed from office except as hereinbefore provided.

IF the Commissioner becomes in any way concerned or interested in any contract or agreement made by or ,on behalf of the Government, or in anywise participates or claims to be entitled to participate in the profit thereof, or in any commission, benefit, or emolument arising therefrom, he shall be guilty of a misdemeanour, and be liable to imprisonment for any term not exceeding three years.	Penalty.
And if any party to any such contract allows the Commissioner to participate in the profits thereof, or receive any commission, benefit, or emolument arising therefrom, he shall be guilty of a misdemeanour, and liable to imprisonment for any term not exceeding three years.

19.

20. ALL Government railways shall be vested in the Minister Government rail-

on behalf of His Majesty.

ways vested in

Minister.

.) THE powers, duties, and obligations under the Railways Acts of the Commissioner of Railways, in relation to the	Construction of
railways.
acquisition of land and construction of Railways, are transferred to the Minister for the time being administering the Department of Public Works.
(2.) Wherever in the Railways Acts the Commissioner of Railways is mentioned in such relation, the words " the Minister administering the Department of Public Works" are substituted.

21.

EXCEPT as provided in the last preceding section, any powers of the Commissioner of Railways not by this Act vested in	Minister may exer-
cise powers not con- ferred on Commis-
the Commissioner may be exercised by the Minister.	sioner,

22.

2° EDWARDI VII., No. 35.

Railways Acts—Amendment.

SECTION three of the Railway Acts Amendment Act, 1894, is hereby amended by striking out the words "in some newspaper circulating in the neighbourhood of the station or place where the same are found," and inserting in place thereof the words

23.

Amendment of 58

Piet, No. 22, s. 3.

" in the Government Gazette."

Commissioner may 24. THE Commissioner may refuse to carry second-hand fruit

refuse to carry

cases, or cases or packages that may reasonably be supposed to have

second-hand fruit

cases unless disin-

contained fruit, unless such cases are disinfected in accordance with

fected.

the regulations of the Department of Agriculture in force for the

time being

In the name and on behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

By Authority : Wm. ALFRED VirsTsoN, Government Printer, Perth.