Railways Acts Amendment Act of 1951 (15 Geo Vi No. 34) (Qld)

498 RABBITS—RAILWAYS. Railways Acts Amendment Act. 15 G eo . VI. No. 34, New* s. 23 b inserted. Notice of change of ownership of holding. 5. The following section is inserted after section 23 a of the Principal Act, namely :— “ [23 b .] (1.) A person shall, within thirty days after entering into any transaction whereby he acquires or disposes of or agrees to acquire or dispose of any holding situated wholly or partly within a District, give to the Board for that District notice in writing of that transaction in which shall be specified the date of sale, the description of the land, and the full name and address of the purchaser. (2.) An owner who subdivides a holding situated wholly or partly within a District shall, within thirty days after so doing, give to the Board for that District notice in writing of that subdivision and shall accompany that notice with a plan of the subdivision. (3.) If, subsequent to the giving of notice under subsection one or subsection two of this section, the transaction or subdivision in question is cancelled, the person or persons required to give that notice shall, within thirty days after that cancellation, give to the Board concerned a further notice in writing of that cancellation. (4.) A person who fails to give to the Board a notice in compliance in every respect with the requirements of this section shall be guilty of an offence against this Act and liable to a penalty of not more than fifty pounds.” RAILWAYS. 15 noe 034VI An Act to Amend “The Railways Acts, 1914 to T3L7 1950,” in certain particulars. AOTOF 1951. [A ssented to 25 th O ctober , 1951.] short title fraction. E it enacted by the King’s Most Excellent Majesty, B 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 Amendment Act of 1951,” and shall be read as one with * “ The Railways Acts, 1914 to 1950,” herein referred to as the Principal Act. * 5 G. 5 No. 24 and amending Acts.

1951. RAILWAYS. Railways Acts Amendment Act. 499 The Principal Act and this Act may be collectively Collective cited as “ The Railways Acts, 1914 to 1951.” tltle' 2. Subsection four of section seventeen of the Amendment Principal Act is repealed and, in lieu of that repealed 0 s' ‘ subsection, the following subsection is inserted, namely :— “ (4.) The Commissioner may reduce in rank, position, or grade, and pay, or dismiss any employee; and may discontinue the offices of or appoint other persons in the place of employees who are dismissed, or who are reduced in rank, position, or grade, and pay, or die, or resign, or vacate office as hereinafter provided. . Any employee reduced in rank, position, or grade, and pay, or dismissed by the Commissioner by way of punishment may appeal from such reduction in rank, position, or grade, and pay, or 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.” 3* Subsection five of section twenty-one of the ^“e 2 <fnent Principal Act is repealed and, in lieu of that repealed 0 8‘ ’ subsection, the following'subsection is inserted, namely :— “ (5.) Notwithstanding the foregoing provisions of this section an appeal shall not lie to the aforementioned Appeal Board or otherwise howsoever with respect to appointments to the following offices, that is to say, the position of Secretary to the Commissioner for Railways, Chief Engineer, Chief Mechanical Engineer and Workshops Superintendent, Comptroller of Stores, or General Manager of any Division; but every such appointment shall be subject to the approval of the Governor in Council, to whom the Commissioner shall submit his recommendation.” 4. Section thirty of the Principal Act is amended ^e^nent by inserting, after subsection ten of that section, the 0 8‘ ’ following subsection, namely :— “ ( 10 a .) The Board shall investigate any and every appeal without regard to legal forms and solemnities, and shall direct themselves by the best evidence they

500 RAILWAYS. Railways Acts Amendment Act . 15 G eo . VI. No. 34,1951. can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not.” Amendment of Second 5. The Second Schedule to the Principal Act is Schedule. amended by inserting, after clause twenty-two thereof, the following clause, namely :— “ [22 a . ] With respect to trucks which having been ordered for the conveyance of any animals or goods to a destination (herein in this clause referred to as £ the alleged destination ’) are used, whether with or without the prior consent of the Commissioner, for the conveyance of those or other animals or goods to another destination (whether by consignment from the place of loading, or by diversion or stoppage while the same are in the course of being conveyed to the alleged destination, or by further consignment after cofiipletion of the conveyance thereof to the alleged destination) prescribing the liability of both the consignor and the consignee, or either of them, in respect of the payment of freight or diversion (including stoppage) charges, or both freight and diversion charges. In respect of freight such prescribed liability may be expressed so as to impose the whole or any part of, but so as not to exceed, the aggregate of— (а) The charge which would have been payable had the animals or goods in question been conveyed to the alleged destination; and (б) Whichever of the following charges is the greater namely the charge for the actual conveyance of those animals or goods or the charge which would have been payable had those animals or goods been conveyed from the alleged destination to the destination to which they are actually conveyed. In respect of diversion charges such prescribed liability shall not exceed the sum of thirty pounds for each and every truck. Liability as aforesaid may be prescribed so as to differ in respect of different classes of goods (including animals). The Commissioner may, according to the circumstances of a particular case, remit in whole or in part the liability of any person under the by-laws made under this clause. For the purposes of the recovery of the amount for which any person is made liable by the by-laws under this clause, that liability shall be deemed to be a charge lawfully fixed by those by-laws and shall be recoverable by the Commissioner notwithstanding the provisions of section one hundred and eight of this Act or any other provision hereof limiting, affecting, or otherwise prejudicing the provisions of this clause or of any by-law made under this clause ”