Railways Acts Amendment Act of 1946 (10 Geo Vi No. 19) (Qld)

RAILWAYS. 10 GEO. VI. No. 19, 1946. RailwaY8 Acts Amendment Act. 407 RAILWAYS. An Act to Amend" The Railways Acts, 1914 to 10 N G o E . O 1 . 9 V . I. 1934," in certain particulars. THE RAILWAYS [ASSENTED TO 11TH APRIL, 1946.] AOTS AMENDMENT ACT OF 1946. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Railways Acts Short title Amendment • Act of 1946," and shall be read as one with a co n n d s t ruc t' Ion. *" The Ra~ lways Acts, 1914 to 1934," herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as " The Railways Acts, 1914 to 1946." . title. Amendments of the Principal Act. 2. Section sixteen of the Principal Act is amended Amendment by repealing the words " at least once a month" where of s. 16. such words appear immediately after the words" the Commissioner shall" in the first paragraph and by inserting the words" at least once in every three months" in lieu of such repealed words; also by repealing all words in the said paragraph from and including the words "respective officers" to and including the words "Southern Division," and by inserting in lieu thereof the words" Chief Engineer, Secretary, Chief Mechanical Engineer, and all General Managers,". 3 The following provision is added to subsection Amendment four of section seventeen of the Principal Act:- ofa.17. " Any employee dismissed by the Commissioner by way of punishment may appeal from such dismissal by a memorial to the Governor in Council within a time and in the manner to be prescribed by the regulations; and the decision of the Governor in Council on such appeal shall be final, and shall be binding upon both the Commissioner and such employee." 4. Section eighteen of the Principal Act is amended Amendment as follows :_ of B. 18. (a) The words "for the Southern Division, and in respect of the Central and Northern Divisions the General Managers respectively may appoint," therein are repealed. * 5 G. 5 No. 24 and amending Acts, v. 8, p. 42 et 8eg.

408 RAILWAYS. RailWOlys Acts Amendment Act. 10 GEO. VI. No. 19, (b) The words" the Commissioner or, in respect of each Division, the respective General Manager may appoint, to hold office during pleasure only, examiners " are inserted therein after the words " where necessary." Amendment 5. Section twenty-one of the Principal Act is of s. 21. amended by the addition thereto of the following subsections, namely:- " (4.) In this section the term "vacancy" and any derivative thereof includes any office which has been notified as temporarily vacant in the Weekly Notice. (5.) No appeal shall lie against any appointment to a position of General Manager of any Division: but such appointment shall be subject to the approval of the Governor in Council, to whom the Commissioner shall submit his recommendation." Amendment 6. Section twenty-two of the Principal Act is of B. 22. amended as follows:- (a) In subsection one thereof the words "or to a payment for overtime work" are repealed. (b) In subsection two thereof the words" or payment for overtime work" are repealed. Repeal of s.22A. Amendment 7. Section 22A of the Principal Act is repealed. 8. Section twenty-three of the Principal Act IS of B. 23. amended as follows : - (a) Subsection two thereof is repealed and the following subsection is inserted in lieu thereof, namely:- "(2.) Every employee on the staff who is dealt with under this section, and every other employee who is dealt with under this section and who, immediately prior to the date on which he committed the offence or offences for which he is so dealt with, had more than one calendar month's continuous service as an employee of the Commissioner, shall have the right of appeal to the Appeal Board as hereinafter in this Act provided." (b) The following subsection is added thereto, namely:- " (4.) Upon any appeal under this section, the Appeal Board shall, as respects its decision as to the punishment, if any, to be imposed upon the appellant, take into consideration any offences for which such appellant has previously been dealt with under this section."

RAILWAYS. 409 1946. Railways Acts Amendment Act. 9. Section twenty-four of the Principal Act is Repeal of repealed. s. 24. 10. Section thirty of the Principal Act is amended Amendment as follows :_ of s. 30. (a) In subsection two thereof the words" or in the Railway Refreshment Rooms" are inserted after the words "Head Office." (b) The following additional proviso is added to subsection five thereof, namely:- "Provided further that in any case of an appeal against the appointment or promotion of an employee to a position in a Division other than that in which he was employed at the time of his appointment or promotion, the chairman of the Board shall, on the request of the Commissioner, require some competent person or persons to take evidence on oath in the Division in which such employee was employed at the time of his appointment or promotion concerning the matter of such appeal. Such evidence in writing shall be forwarded for the consideration of the Board hearing the appeal." (c) The following paragraphs are added to subsection ten thereof, namely :- "In deciding upon the re-employment by the Commissioner of an employee other than in the rank, position, or grade held by such employee or other than in the avenue of promotion in which such employee was employed when he was dismissed the Board shall not have power to direct the Commissioner as to the other rank, position, grade, or avenue or branch in which, or place at which, such dismissed employee is to be re- employed. In the case of an employee who has been reduced from a rank, position, or grade hecause of his failure to satisfactorily perform the duties required of him in such rank, position, or grade the Board shall not restore him to such rank, position, or grade unless such restoration be to the same appointment in such rank, position, or grade as such employee held at the time of his reduction." 11. Subsection two of section 32A of the Principal Amendment Act is amended by inserting the words "or in the oh. 32A (2). Railway Refreshment Rooms" after the words "Head Office."

410 RAILWAYS. Railways Acts Amendment Act. 10 GEO. VI. No. 19, Amendment 12. In section 32B of the Principal Act the word ofs.32B. " appellant" is repealed and the words "charged employee" are inserted in lieu thereof. Amendment 13. Section 320 of the Principal Act is amended as ofs.320. follows : - (a) In the first paragraph thereof after the words " if he remains in the service during that period" the words" and also remains during that period in the same branch of the service as that in which he was employed at the time of his election" are inserted. (b) In the second paragraph thereof all words from and including the words" Provided that" to the end of the said paragraph are repealed and the following words are inserted in lieu thereof, namely:-"Provided that where possible the successor to the employees' representative for any branch of the service shall be the employee employed in the same branch of the service who was employed in such branch at the time of the ballot and who at the ballot received the next greatest number of votes; and subject to his continuing to be employed in the service and also in such branch he shall upon appointment hold office for the remainder of the period of three years." Amendment 14. The proviso (being the second paragraph) of of S. 32E. section 32E of the Principal Act is amended by inserting after the word "except" the words "to prove that evidence given by such employee in such proceedings differs from any such information, statement, or report or in." Amendment 15. Paragraph (j) of subsection one of section ofs.37. thirty-seven of the Principal Act is amended by inserting after the words" any water" the words" sand, clay, stone, gravel, and/or other material" and by inserting after the words" such water" the words" sand, clay, stone, gravel, and/or other material." Amendment 16. Paragraph (ii.) of subsection two of section of s. 73 (2). seventy-three of the Principal Act is amended by the addition thereto of the following subparagraph, namely:- "The obligation of the Commissioner under this paragraph with respect to any such fence shall be deemed to be discharged at all times during which such fence is equal in state and kind to the fence bounding the land adjoining the land taken for the use of the railway when such land was so taken."

RAILWAYS. 411 1946. Railways Acts Amendment Act. 1 7 Subsection one of section one hundred and Amendment nineteen of the Principal Act is amended by the addition Df8.1]9 (1). thereto of the following paragraphs, namely:- "The foregoing provisions of this subsection shall not authorise the Commissioner or the General Manager to consent to any mining operations whatever under any land used for railway purposes upon which any building or buildings is or are erected and the carrying on of any mining operations whatever under any such land is hereby prohibited. Any lease, license, or other authority granted under any other Act or law to carry on any mining operations in contravention of this subsection shall be void and of none effect whatsoever." 18. In section one hundred and twenty-two of the ~ e~ ~ ent Principal Act the word "horned" is repealed. 0 s. • 19 Section one hundred and thirty-one of the Amen~ ment Princip~ l Act is amended by adding thereto the following of 8. 1 1. new subsection three, as follows : - "(3.) A complaint of an offence under- (a) This section; or Calculation of fare in penalty. (b) Section thirty-fourof*"The Vagrants, Gaming, and Other Offences Acts, 1931 to 1938," against any person in respect of the whole distance he has unlawfully travelled by railway may be heard and determined at a place appointed for holding courts of petty sessions within any petty sessions district within or within twenty miles of the boundary of which such person has so travelled any part of such distance." 20. The Second Schedule to the Principal Act is Amendment amended by inserting after clause nine thereof the s~ : : ~ ~ ~ following clause, namely:- " [9A.] Providing for and regulating the removal from any carriage or other railway vehicle, or from any railway or any land or property whatsoever vested in or under the control of the Commissioner, of any person found creating a disturbance or committing a nuisance or an offence against this Act or any, by-law hereunder therein or thereon." • 22 G. IS No. 27 and amending Acts, v. 9, p. 705 Bet Beq. RE.ESTABLISHMENT LOANS. See BANKING.