Railways Acts Amendment Act of 1959 (8 Eliz Ii No. 56) (Qld)

256 C^ueenslattb ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 56. An Act to Amend "The Railways Acts, 1914 to 1958," in certain particulars, and lor other purposes. > [A ssented to 21 st D ecember , 1959.] E it enacted by the Queen’s Most Excellent Majesty, E 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:— Short title. 1. (1.) This Act may be cited as “ The Railways Acts Amendment Act of 1959.” Principal Act. Collective title. (2.) “ The Railways Acts , 1914 to 1958,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Railways Acts, 1914 to 1959.” Amendment of s. 2. 2. Section two of the Principal Act is amended by adding the words and numerals “ P art VII. —T he M ount I sa R ailway P roject .”.

8 Euz. II. No. 56, 1959. Railway Acts Amendment Act. 257 3. The following section is inserted after section New *• 3 a three of the Principal Act:—• insert* . “[5 a .] (1.) For the purposes of this section the Act not to term “ construction works ” means works for or in “o^wtion connection with the construction and improvement of works, railways, construction of sidings, deviations, buildings, structures, workshops, bridges, water supplies, stations, platforms, station yards and facilities, the work of increasing the number of railway tracks, re-grading track, installation of communications, the carrying out of signalling, interlocking and electrical installations, earth works, flood prevention works, drainage, the obtaining of stone or ballast, paid for Or to be paid for in whole or in part out of loan funds and any other works so paid or to be paid for which the Commissioner declares to be construction works (the Commissioner being hereby authorised to so declare from time to time). (2.) The following provisions of this Act do not apply to employees engaged for the sole purpose of carrying out construction works, namely, the two last paragraphs of subsection four of section seventeen, sections twenty, twenty-one, twenty-three, thirty, thirty-two, 32 a , 32 b , 32 c , 32 d and the last paragraph of section 32 e .” 4. Section five of the Principal Act is amended Amendments by— of8-5- (a) Repealing the definition “ Charge ” and ’ inserting, in lieu of that repealed definition, the following definition:— “ “ Charge ”—Includes any rate, fare, charge, Charge, demurrage, storage, or other payment payable under this Act; ” ; (b) Repealing the definition “ Goods ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Goods ”—Includes animals and things of every Goods. kind conveyed by railway ; ” ; (c) Repealing the definition “ Local Authority ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Local Authority ”—A Local Authority Local constituted under “ The Local Government u °u y' Acts, 1936 to 1958 ” : The term includes

258 Minister. Railways Acts Amendment Act . 8 E liz . II. No. 56, any Joint Local Authority, Brisbane City Council constituted under “ The City 0 / Brisbane Acts, 1924 to 1959,” and any corporation constituted under “ The City of Brisbane Acts, 1924 to 1959,” and any corporation constituted under any Act where, pursuant to any Act, that corporation is a Local Authority ; ” ; (d) Repealing the definition “ Minister ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Minister ”—The Minister for Transport or other Minister of the Crown for the time being charged with the administration of this Act; ” ; and (e) Repealing the definition “ Southern Division ”. Amendment 5. Subsection one of section eight of the Principal ofs. 8 (1). Act is amended by repealing the words “ this Act ” and inserting, in lieu of those repealed words, the words “ any Act ”. I Aofms.en1d3m. ent by re6p.eaSleincgtiotnhethwirotredens “ ofsethcteioPnrsinocfiptahleArcatilwisaayms e”nadnedd inserting, in lieu of those repealed words, the words ; “ Divisions of the railways ”. , Repeal of and new 7. Section sixteen of the Principal Act is repealed ■ s. 16. and in lieu of that repealed section, the following section is inserted:— Monthly “ [id.] For the purpose of discussing and facilitating Conference. the business of the Department, each General Manager shall, at least once a month, meet in conference the Maintenance Engineer, Traffic Superintendent and Locomotive Engineer attached to his office together with, in the case of the General Manager of the Northern Division, the District Superintendent at Cairns, and in the case of the General Manager of the South-Eastern Division, the District Superintendent at Maryborough, 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. The District Superintendent at Cairns and the District Superintendent at Maryborough for the same purpose

1959. Railways Acts Amendment Act. shall each month prior to their attendance at the conference convened by their respective General Managers meet in conference their engineers in charge of the permanent way maintenance and of the locomotive sections of their districts both of whom if possible shall be present at the same time and shall furnish to their respective General Managers a report with a copy of the minutes of such monthly conference. For the same purpose the Commissioner shall, at least once in every three months, meet in conference the Chief Engineer, Secretary, Chief Mechanical Engineer and Workshops Superintendent, and all General Managers, 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.” 259 8. Section seventeen of the Principal Act is Amendments amended— ofs”17' (a) By repealing subsection one thereof and inserting, in lieu of that repealed subsection, the following subsection :— “ (1.) The Commissioner shall appoint a Secretary who shall have such powers and perform such duties as are from time to time appointed by the Commissioner. The Commissioner may in writing from time to time appoint, either generally or in any particular case, another officer to execute documents on behalf of the Commissioner and affix the seal of the Commissioner thereto. The Commissioner may at any time revoke any such appointment of another officer. Subject to any direction of the Commissioner the Secretary by virtue of his appointment as such and, additionally to the Secretary, any other officer thereunto authorised for the time being by the Commissioner by appointment as aforesaid shall have power to execute documents on behalf of the Commissioner and affix the seal of the Commissioner thereto. Any document purporting to be executed on behalf of or to have the seal of the Commissioner affixed thereto by the Secretary or by another officer appointed as

260 Railways Acts Amendment Act. 8 E liz . II. No. 56, aforesaid shall be presumed to be duly executed on behalf of the Commissioner or to have the seal of the Commissioner duly affixed thereto unless and until the contrary is proved.” ; and (6) By repealing subsection four thereof and inserting, in lieu of that repealed subsection, the following subsection:— “ (4.) The Commissioner may discontinue the office of any employee. The Commissioner may suspend any employee. The Commissioner may, whether or not he suspends the employee concerned— (а) Fine in a sum not exceeding five pounds ; (б) Reduce in rank, position, or grade and pay or (c) Dismiss, any employee. The Commissioner may appoint another person in the place of any employee who is dismissed, or who is reduced in rank, position, or grade and pay, or who dies, or resigns, or vacates office as hereinafter provided. Any employee (other than an employee who, immediately prior to the date of being so dealt with by the Commissioner, had not completed more than one calendar month’s continuous service as an employee of the Commissioner, or a probationer) who is suspended, fined, reduced in rank, position, or grade and pay, or dismissed by the Commissioner by way of punishment, may appeal from such suspension, fining, 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. Any person who is suspended under this section or who is suspended under any other provision of this Act and who, in relation to the cause of such suspension, is dealt with otherwise under this subsection, shall not be entitled to receive payment of salary, wages, allowances or other emoluments for the whole or any part of the period during which he was under suspension unless otherwise determined by the Governor in Council.”

1959. Railways Acts Amendment Act. 261 9. Subsection one of section twenty of the Principal ®f Act is repealed, and the following subsection inserted in a. 2onfiT- lieu thereof:— “ (f.) Every appointment to any of the various branches of the service shall be made to the lowest grade in such branch and on probation only, for a period of six months: Provided however that a person who has not attained the age of sixty-five years and who previously was an employee on the permanent staff may in the discretion of the Commissioner be reappointed to a rank, position or grade not higher than the rank, position or grade in which such person was employed at the time he ceased to be an employee. The Commissioner may— (a) Extend any probation for any further period ; and (b) At any time during the period or extended period of any probation, or after the period or extended period of any probation has expired, annul the probation and dispense with the services of the probationer. After the period or extended period of probation has expired and upon production of a certificate of fitness from the head of the branch in which the probationer was employed, and upon proof to the satisfaction of the Commissioner that this Act has been complied with, the Commissioner may confirm the appointment.” 10. Section twenty-one of the Principal Act is Amendments amended by— of 8- 2l* (a) Repealing the second paragraph of subsection one and inserting, in lieu of that repealed paragraph, the following paragraph :— “ Where an employee voluntarily relinquishes a higher rank, position or grade in order to obtain appointment to a vacancy his appointment thereto shall be deemed to be promotion for the purposes of this section, but no appeal shall lie against such appointment by any other employee for whom appointment to such vacancy would entail his relinquishing a higher rank, position or grade.”;

262 Railways Acts Amendment Act. 8 E liz . II. No. 56, (6) After subsection three, inserting the following subsection :— How appoint­ ments made. “ (3a.) The Commissioner may— (i.) Allow the appointee to appointment; or decline the (ii.) Cancel an appointment made in error. In either such event or in the event that, before any appointee shall have commenced to perform, pursuant to his appointment, the duties of the office to which he is appointed, such appointee dies or the Commissioner discontinues such office, the appointment shall lapse and the Commissioner may (save where he has discontinued the office) make a fresh appointment from the original list of applicants : j Provided also that an appeal shall not lie against an appointment by the Commissioner of an employee who has been reduced in rank, position, or grade and pay, to a rank, position or grade higher than that to which such employee was reduced but not higher than the rank, position or grade in which such employee was employed at the time he was so reduced.” ; and (c) Repealing subsection five and, in lieu of that repealed subsection, inserting the following subsection :— How “ (5.) Notwithstanding the foregoing provisions of pmraodme.otions 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 positions of Secretary to the Commissioner for Railways, Chief Engineer, Chief Mechanical Engineer and Workshops Superintendent, Comptroller of Stores, Chief Accountant, Chief Railway Auditor, General Managers respectively of Divisions, assistant heads respectively of branches, the Superintendent of Transport, and the Locomotive Engineers, Maintenance Engineers and Traffic Superintendents respectively at Brisbane, Toowoomba, Rockhampton and Townsville, the District Superintendents, and the Commissioner’s Goodwill Officers ; but every such appointment shall be subject to the approval of the Governor in Council, to whom the Commissioner shall submit his recommendation.” .

1959. Railways Acts Amendment Act. 263 11. Section twenty-three of the Principal Act is Amendments amended— ofs. 23. (a) By repealing subsection one and inserting, in lieu of that repealed subsection, the following subsection :— “ ( 1 .) A head of a branch shall have the power with respect to any employee in his branch who has, in his opinion, been guilty of misconduct, neglect of duty, or of breaking any rule or by-law of the service to suspend, or to suspend and charge, or without suspending to charge such employee and, subject to first charging such employee, to— (a) Caution him; (b) Fine him a sum not exceeding five pounds ; or (c) Reduce him in rank, position, or grade and pay; or ( d ) Dismiss him. Any employee charged -with the duty of superintending the work of other employees may either orally or in writing temporarily suspend at any office, station, workshop or section, any employee of rank, position or grade inferior to his own until the employee so suspended can be dealt with by the head of the branch in which he is employed. Such head may in writing lift the suspension or confirm it. If he confirms such suspension, it shall for the purposes of this Act be deemed to have been imposed by him in the first instance. Such head of the branch may whether or not he confirms the suspension in accordance with his powers under this section deal otherwise with any employee so suspended temporarily. Where an employee is suspended temporarily in writing or where any temporary suspension is confirmed, such employee shall be furnished with a copy of the writing whereby the suspension is imposed or confirmed. An employee who is suspended, including temporarily suspended, under this section and who, in relation to the cause of such suspension is charged and upon such charge being proved, is dealt with otherwise under this section shall not be entitled to receive payment of

264 Railways Acts Amendment Act. 8 E liz . II. No. 56, salary, wages, allowances or other emoluments for the whole or any part of the period during which he was under suspension unless otherwise ordered by the Appeal Board.” ; and (6) By, in subsection two, after the words “ and every other employee”, inserting the brackets and words “ (other than a probationer) ”. Repeal of 12. Subsection two of section twenty-six of the s. 26 ( 2 ). Principal Act is repealed. ^nendments 13. Section thirty of the Principal Act is amended— (a) By repealing subsection one and inserting, in lieu of that repealed subsection, the following subsection:— “ (i.) The Appeal Board constituted for the hearing of appeals by employees under this Act shall consist of a stipendiary magistrate appointed by the Governor in Council and, for each respectively of the three Divisions for the purposes of this section of the State— (а) Five employees’ representatives who shall be members of the permanent staff and be respectively elected as prescribed; and (б) An officer designated in that behalf by the Commissioner either generally or for the particular appeal. For the purposes of this section the three Divisions of the State shall be— (a) The Southern Division which shall comprise the South-Eastern Division and the South­ Western Division; (b) The Central Division ; and (c) The Northern Division.” ; (b) By, in subsection two, repealing the words “ police magistrate ” and inserting, in lieu of those repealed words, the words “ stipendiary magistrate ” ; (c) By repealing the first paragraph of subsection three and inserting, in lieu of that paragraph, the following paragraph :— “ The five employees’ representatives in each respectively of the three Divisions for the purposes of this section shall be elected by ballot by the respective

1959. Railways Acts Amendment Act. employees on the permanent staff in respectively the Maintenance Branch, the Locomotive Branch (Running Staff), the Locomotive Branch (Workshops Staff), the Traffic Branch, and permanent employees of the Clerical Staff generally in the Division. Each such employee shall have only one vote.” ; (d) By, in subsection seven— (i.) Repealing the words “ police magistrate ”, wherever those words appear, and inserting, in lieu of those repealed words, wheresoever repealed, the words “ stipendiary magistrate ” ; and (ii.) Repealing the words “police magistrates” and inserting, in lieu of those repealed words, the words “ stipendiary magistrates ” ; (e) By adding to subsection eleven the following paragraph :— “ For the purposes of seniority an appellant who has successfully appealed against an appointment to a vacancy and who in consequence of such successful appeal is appointed to fill such vacancy shall be deemed to have been so appointed on and from the date when the appointee against whose promotion the appeal was made was appointed or, if such lastmentioned appointee i was appointed pursuant to a prior appeal, was deemed to have been appointed.” ; and f (/) By, in the first paragraph of subsection (11 b ), r after the words “ after the date for the hearing thereof had been fixed ”, inserting the words “ or in any case in which, because of the non-appearance of the appellant, j the appeal lapsed, was ruled out or dismissed ”. 265 14. Section thirty-two of the Principal Act is Amendment amended by repealing the words “police magistrate ” of 8‘32' and inserting, in lieu of those repealed words, the words “ stipendiary magistrate ”. 15. Section 32 a of the Principal Act is amended Amendments |jy of s. 32 a * (a) Inserting in subsection one, after the words “ in writing ”, where secondly appearing, the words “ within the time specified in such notice ” ;

266 Railways Acts Amendment Act. 8 E liz . II. No. 56, ( b ) Adding to subsection one the following paragraph :— “ If a reply is not made by such employee within the time specified in such notice, such employee shall be deemed to have admitted the truth of the charge.” ; (c) In the third paragraph of subsection two, after the words “ five employees ”, inserting the words “on the permanent staff ” ; and (d) Repealing the first paragraph of subsection three, and inserting, in lieu of that repealed paragraph, the following paragraph :— “ The five employees’ representatives in each such Division shall be elected respectively by ballot by the respective employees on the permanent staff, excluding clerical employees, in the Maintenance Branch, the Locomotive Branch (Running Staff), the Locomotive Branch (Workshops Staff) and the Traffic Branch in each such Division. The clerical employees on the permanent staff in all branches of the service in each such division shall elect by ballot a clerk to represent them on the Board of Inquiry. Each such employee shall have only one vote.” Amendment 16. Section 32 b of the Principal Act is amended by, of s. 32 b . after the words “ the union of which the charged employee is a member shall nominate another member ”, inserting the words “ who is an employee on the permanent staff”. ( Amendment of 8. 32c. 17. Section 32c of the Principal Act is amended— (a) By inserting in the first paragraph, before the words “ branch of the service ”, the words “ Division for the purposes of section thirty or, as the case may be, section 32 a of this Act and ” ; and ( b ) By repealing the proviso to the second paragraph and inserting, in lieu of that repealed proviso, the following proviso “ Provided that where possible the successor to any employees’ representative in any Division for the purposes of section thirty or, as the case may be, section 32 a of this Act, shall be the employee employed in the same branch of the service in the Division in question

1959. Railways Acts Amendment Act. 267 who at the ballot received the next greatest number of votes, and subject to continuing to be employed in such branch and Division such employee shall upon appointment hold office for the remainder of the period of three years.” 18. Section 32 d of the Principal Act is amended Amendments by— of a. 32 d . (a) In paragraph (a) after the words “ each of the Divisions of the State ”, inserting the words “ for the purposes of section thirty of this Act ” ; and (b) In paragraph ( b ) after the words “each of the Divisions of the State ”, inserting the words “ for the purposes of section 32 a of this Act ”. 19. Section fifty-eight of the Principal Act is Amendment amended by repealing the words “ or within such extended of 8. 58. time as the Land Court may allow ”. 20. Section fifty-nine of the Principal Act is Amendments amended— ofs. 59. (a) By, in subsection one, before the words “ of compensation ”, inserting the words “ in writing ” ; and (b) By, in subsection two— (i.) Repealing the words “ a notice rejecting the offer ” and inserting, in lieu of those repealed words, the words “ a notice in writing rejecting the offer ” ; and (ii.) Repealing the second paragraph of that subsection and inserting, in lieu of that repealed paragraph, the following paragraph :— “ If notice in writing rejecting the offer is not given within the time aforesaid the offer of compensation shall be deemed to be accepted by the claimant and the Commissioner shall forthwith settle the compensation in accordance with that offer.” 21. (1.) Section sixty of the Principal Act is Amendments amended by— of s. 60. (a) Repealing subsection one and inserting, in lieu of that repealed subsection, the following subsection “ (1.) If the Commissioner within the time prescribed by and otherwise in accordance with subsection one of section fifty-nine of this Act makes no

268 Railways Acts Amendment Act. 8 E liz . II. No. 56, offer, or if the claimant within the time prescribed by and otherwise in accordance with subsection two of section fifty-nine of this Act rejects the offer, the amount of compensation to be paid shall be determined by the Court, and the provisions of the succeeding subsections of this section shall have effect.” ; (b) Repealing subsection two and inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) The claimant shall file a copy of his claim, and of all notices and other particulars, in the office of the Registrar of the Land Court— (а) In any case where no offer has been made by the Commissioner, within thirty days after the date of expiry of the time hereinbefore limited for the making of an offer by the Commissioner; or (б) In any case where an offer has been made by the Commissioner and the claimant has rejected such offer as is hereinbefore provided, within thirty days after the date of service of the notice of rejection of such offer. If the claimant fails to file in the office of the Registrar of the Land Court a copy of his claim and of all notices and particulars as aforesaid within the period prescribed by this subsection his claim for compensation shall be absolutely barred notwithstanding his compliance, in respect of that claim, with the time limits prescribed by section fifty-five and, if applicable, by sections fifty-eight and fifty-nine of this Act.” ; and (c) Inserting, after subsection six, the following subsection :— “ (7.) Subject to the provisions hereinafter in this subsection contained the costs of and incidental to all proceedings under this Act to determine the amount of compensation shall be in the discretion of the Court. If the amount of compensation as finally determined is the amount claimed by the claimant or is nearer to that amount than to the amount of compensation offered to the claimant by the Commissioner, whether or not that offer was made within the time prescribed by this Act for the making thereof, costs, if any, shall be awarded to the claimant; otherwise costs, if any, shall be awarded to the Commissioner.”

1959. Railways Acts Amendment Act. (2.) The amendments made by this section or by sections nineteen or twenty of this Act to the Principal Act do not apply to claims for compensation in respect of lands taken or acts committed by the Commissioner prior to the passing of this Act, but in respect of every such claim the provisions of sections fifty-eight, fifty- nine, and sixty of the Principal Act as in force immediately prior to the passing of this Act shall be deemed to be continued in force. 269 22. Section seventy-four of the Principal Act is Amendments amended by— of 8' 74' (а) Repealing the words “ in the Southern Division ”; and (б) Repealing the word “ other ” where appearing before the word “ Division ”, 23. Section seventy-five of the Principal Act is Amendments amended by— ofs. 75 . (а) In subsection one— (i.) Repealing the words “in the Southern Division ” ; and (ii.) Repealing the word “other ” where appearing before the word “ Division ” ; and (б) In subsection two— (i.) Repealing the words “ in the Southern Division ” ; and (ii.) Repealing the word “ other ” where appearing before the word “ Division ”. 24. Section ninety-two of the Principal Act is Amendment renumbered subsection one, and that section as soof8'92‘ renumbered is amended by adding the following subsection:— “ (2.) Subject to “ The Land Acts , 1910 to 1959,” the Governor in Council' may— (a) In the name of Her Majesty grant in fee-simple to the Commissioner any Crown land which is for the time being reserved for railway purposes under “ The Land Acts, 1910 to 1959,” or any other Act; and

270 Railways Acts Amendment Act. 8 E liz . II. No. 56, ( b) Issue to the Commissioner a Deed of Grant for any land vested absolutely in the Commissioner for an estate in fee-simple under the provisions of subsection one of this section or granted in fee-simple to the Commissioner under the provisions of paragraph (a) of this subsection. Any land reserved for railway purposes granted to the Commissioner in fee-simple under this subsection shall upon and by virtue of such grant be absolutely freed from such reservation.” Amendment 25. Section one hundred of the Principal Act is ofs. 100. amended by adding the following paragraph :— “ (iv.) Act as the agent of the consignor, upon such terms as he may determine, for the collection of money from the consignee on the delivery of any goods collected or received for carriage and give a valid discharge for any money so collected.” Repeal of ' ’ 26. Section 101 a of the Principal Act is repealed and, in lieu of that repealed section, the following section is inserted :— “ The power of the Commissioner to make contracts shall also extend and apply to the making by the Commissioner of contracts with respect to the providing for accommodation of persons and for enabling persons to be provided with meals and other refreshments and travellers’ requisites and to act, on such terms as may be arranged, as agent for hirers of cars and other conveniences for use by travellers and to the issue to any person applying for the same any necessary coupons or requisitions or such other forms whereby such coupon or requisition or form may entitle such person to accommodation and/or meals, refreshments, travellers’ requisites or hire cars or other conveniences, as the case may be. Regulations may also be made, where necessary or expedient, to carry out the objects and purposes of this section.” Amendments 27. Section one hundred and two of the Principal ofs. 102 . Act is amended by, in the second paragraph— (a) Repealing the words “ fifty pounds ” and inserting, in lieu of those repealed words, the words “ two hundred and fifty pounds ”; and

1959. Railways Acts Amendment Act. 271 (6) Adding after the words “ as may be prescribed ” the words and comma “ , unless otherwise approved by the Governor in Council 28. Section one hundred and six of the Principal Repeal of Act is repealed and the following section is inserted in “"foeT lieu of that repealed section :— “ f 106.1 The Commissioner ma ^ y— Commis- sioner may (a) Construct, use and employ locomotive engines convey or other motive power and rolling stock to be ratfor road, drawn or propelled thereby, and also machinery, appliances and plant of eyery kind and may use for the operation thereof any kind of fuel; ( b) Construct, hire, purchase or otherwise acquire motor and other road vehicles and use and employ the same or cause them to be used and employed for the carriage by road to or from a railway of passengers and goods ; (c) Carry and convey upon the railways all such passengers and goods as are offered for that purpose, and make the prescribed charges in respect thereof.” 29. Subsection three of section one hundred and Af™eiJ^?ent eight of the Principal Act is amended by inserting, after ° s'108 (3>' the words “ the Commissioner may make in respect of such traffic ”, the words “ generally or in any particular case 30. Subsection one of section one hundred and ^™er^ment eleven of the Principal Act is amended by inserting, ° s' ’ after the words “ of the number or quantity of such goods ”, the words “ the description of the nature thereof ”. 31. Section one hundred and twelve of the Principal Amendment Act is amended by repealing the words “ policeofs'112' magistrate ” and inserting, in lieu of those repealed words, the words “ stipendiary magistrate ”. Princ3i - p2a. . l SA . ecc . ttiiosnamoenned . eh . du . nbdyrerdepeaan - l - idngtwtheentw ^ yo-trwdso “ owf h - tihch - e o A f m s. en 1 d 22 m . ent shall in no case exceed, for every one hundred miles or

272 Railways Acts Amendment Act . 8 E liz . II. No. 56, part of one hundred miles of the proposed journey, a sum equal to one shilling for every ten pounds or part of ten pounds of the value so declared ” and inserting, in lieu of those repealed words, the words “ as prescribed in respect of the declared value of the animal in excess of the amount of the Commissioner’s liability as provided for in this section Repeal of 33. Section one hundred and twenty-six of the sa. nd12n6e. w Principal Act is repealed and, in lieu of that repealed section, the following section is inserted :— Inquiry directed by Commis­ sioner or head of branch. “ [126.] The Commissioner, and in respect of each branch, the head of that branch, may at any time direct any employee or employees to hold, any inquiry which in his opinion is necessary for any of the purposes of this Act. The said employee or employees shall hold such inquiry accordingly, and furnish a report to the Commissioner or the head of branch concerned.” Amendment 34. Section one hundred and thirty-three of the ofs. 133. Principal Act is amended by inserting, after the first paragraph thereof, the following paragraph :— “A by-law made in relation to any of the matters referred to in the Second Schedule to this Act may adopt and incorporate by reference a handbook, pamphlet, or other document issued by the Commissioner setting out in detail the particular matters which are regulated, prescribed, fixed or otherwise dealt with by such by-law.” Amendments 36. Section one hundred and thirty-four of the ofs. 134. Principal Act is amended by— (i.) Repealing subsection two and inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) In the case of a by-law which adopts and incorporates by reference a handbook, pamphlet or other document issued by the Commissioner, the provisions of subsection one of this section shall extend to and in respect of such by-law with the following modifications:— (a) It shall not be necessary to publish such handbook, pamphlet or other document in the Gazette;

1959. Railways Acts Amendment Act. (6) A copy of such handbook, pamphlet or other document shall be laid before the Legislative Assembly, together with the by-law in which it is adopted and incorporated by reference, and the provisions of the third paragraph of subsection one of this section shall extend to and in respect of such handbook, pamphlet or other document or any part thereof in all respects as if the same had been set out at length in the by-law as part thereof.” ; and (ii.) Adding thereto the following subsection :— “ (3.) The production of the Gazette containing the notification of the approval of a by-law shall be sufficient evidence, until the contrary is shown, that such by-law has been duly made, sealed and approved, of the contents of such by-law, and that it is still in force. In the case of a by-law which adopts and incorporates by reference a handbook, pamphlet or other document issued by the Commissioner, the contents of such handbook, pamphlet or other document may be proved in any court by production of a copy thereof verified under the seal of the Commissioner., The Commissioner shall supply a copy so verified on payment of the prescribed fee.” 273 36. The Principal Act is amended by inserting, New s. 137 a . after section one hundred and thirty-seven, the following section:— “ [I37 a .] (1.) Any notice, order or communication of whatsoever description under this Act, required or authorised to be given, furnished or served to or upon any employee, may be served by— (a) Delivering the same to such employee ; or (b) Leaving the same at his usual or last-known place of abode ; or (c) Forwarding the same by post in a prepaid letter addressed to such employee at his usual or last-known place of abode. (2.) When the address for the time being of any employee is unknown to the head of branch, and service of any notice, order or communication is effected in

274 Railways Acts Amendment Act. 8 Euz. II. No. 56, terms of paragraph (c) of subsection one hereof, notification of the fact of such service shall be published in the weekly notice.” Amendments 37. Section 138 a of the Principal Act is amended of s. 138 a . ___ (а) Repealing the words “ not exceeding twenty pounds ” and inserting, in lieu of those repealed words, the words “ of not less than ten pounds or more than thirty pounds ” ; and (б) Adding thereto the following paragraph :— “ When any person is convicted under this section, the Court shall, in addition to imposing a penalty for such offence, order the defendant to pay to the Commissioner the amount of any damage arising out of the commission of the offence to the tarpaulin sheet or covering in relation to which the offence was committed.” New ss. 145, 38- The following headnote and sections are a11n44d86, , 114497, itnhseerPtreidnciapfatelrAcste,ctniaomn eolyne:— hundred and forty-four of headnote inserted. VII.— “ P art T he M ount I sa R ailway P roject . Definitions. [145.] In this Part, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say :— The Mount Isa Railway Project or The Project. “ The Mount Isa Railway Project ” or “ The Project ” shall mean all works in connection with the improvement, reconstruction and rehabilitation of the Collinsville-Townsville- Mount Isa Line of the Queensland Government Railways as, from time to time, shall be approved by the Governor in Council including installing heavier rail in approximately three hundred miles of main track, constructing, improving or extending passing loops, constructing new roadbed or regrading existing roadbed to improve about one hundred and ten miles of profile, reconstructing approximately two hundred and fifteen bridges and one hundred and ten culverts with the approaches thereto, constructing drainage works to alleviate flood conditions, constructing, renovating or relocating six yards and terminals, erecting

1959. Railways Acts Amendment Act. 275 a Divisional Office Building at Townsville, Queensland, purchasing twelve to fifteen new diesel locomotives and acquiring or rebuilding about five hundred wagons of various types and providing necessary auxiliary facilities. “ Company ”—Ford, Bacon & Davis, Incorporated, Company, a corporation of the State of New Jersey, United States of America. “ Works ” shall include all works necessary for or works, incidental to -the carrying out of the Project, including the purchase of all materials required for that purpose and the purchase of locomotives and/or rolling-stock as the Governor in Council shall determine. [146.1 The Agreements made between the Ratification Government of Queensland and Ford, Bacon & Davis, °f reementa Incorporated, a corporation of the State of New Jersey, 8 ’ United States of America, on the Twenty-second day of September, 1959, and the Eighteenth day of November, 1959, respectively, copies of which Agreements are set forth in the Third Schedule to this Act, are hereby approved, ratified and confirmed, and all matters and things done or performed prior to the (Commencement of this Part of this Act, and to be done iOr performed under or pursuant to the said Agreements or either of them, are approved, ratified and confirmed and are and shall be valid and effectual for all purposes whatever. [147.1 (I.) Any person being a member of the Protection Public Service of the State of Queensland or an employee of r,«hts- of the Commissioner for Railways or other employee of the Crown appointed by the Company to its employment in, about or in connection with the Project shall, during and for the period of his employment by the Company, be granted leave of absence without pay from his employment at the time of such appointment without any further or other authority than this Act. (2.) Any such member of the Public Service of the State of Queensland, employee of the Commissioner for Railways or other employee of the Crown appointed as aforesaid shall, during his service with the Company, retain his classification and seniority, the same rights to promotion and of appeal in respect to appointments, M

276 Railways Acts Amendment Act. 8 ELIZ. IL No. 56, Mount Ica Railway Project Fund. and his rights for the purpose of " The Public Service Superannuation Act of 1958," or any other relevant Act relating to superannuation as if he had not been so appointed and the previous service and the service during any such appointment shall be continuous service for all purposes relating to annual recreation leave, sick leave, long service leave, retiring allowance and other like rights and privileges, including seniority where applicable, provided that all leave granted to any such appointee by the Company during his service with the Company shall be set off against leave of a like nature which would accrue in pursuance of the provisions of this subsection. [148.] (1.) There is hereby 'created at the Treasury a Fund to be called "The Mount Isa Railway Project Fund" (in this Part of this Act referred to as "the Fund"). (2.) The Treasurer may, from time to time, make available for the purposes of the Fund all such moneys as are appropriated by Parliament for such purpose. (3.) Subject to this Part of this Act— (i.) All moneys payable to the Company under or in pursuance of the Agreements (or either of them) approved, ratified and confirmed by this Part of this Act as certified in writing by the representative of the Government of Queensland within the meaning of the said Agreements ; (ii.) All moneys heretofore expended in, about or in connection with the Project or the works now comprised therein, as certified in writing by the representative of the Government as aforesaid; (iii.) All moneys expended in pursuance of this Part of this Act; and (iv.) All other costs, charges and expenses incurred in the administration of this Part of this Act; shall be payable out of the Fund. (4.) All moneys heretofore appropriated by Parliament to a Fund at the Treasury known as "Mount Isa Railway Trust Account" amounting to three

1959. Railways Acts Amendment Act. 277 million three hundred thousand pounds and now remaining unspent shall without any further or other authority than this section be transferred to the Fund. [149.] ( 1 .) Notwithstanding the provisions of any Duties, other Part of this Act the Commissioner shall, subject ind°po^r« to this Part and to the provisions of the Agreements of The approved, ratified and confirmed by this Part of this Act, be empowered to carry out and be charged with the duty of carrying out The Mount Isa Railway Project. ( 2 .) In carrying out The Mount Isa Railway Project the Commissioner shall, unless the Governor in Council otherwise directs, observe and give effect to each and every recommendation made by the Company under and in pursuance of the provisions of the said Agreements (or either of them) as from time to time approved in writing by the representative of the Government of Queensland within the meaning of the said Agreements. (3.) The Governor in Council may, from time to time, give such directions as he may deem fit for the purpose of facilitating the carrying out and progress of the works.” 39. The Second Schedule to the Principal Act is Amendments amended by— so&SSf (а) In clause one, after the word “ trains ”, inserting the words “ engines, rolling stock, machines and vehicles ” ; (б) Repealing clause four and inserting, in lieu of that repealed clause, the following clause :— “ 4 . Regulating the receipt, carriage and delivery of and other Dealings dealings with goods and other things.” ; with goods, (c) Repealing clause seven and inserting, in lieu of &c' that repealed clause, the following clauses :— “ 7. Fixing the fares and charges for the conveyance of passengers Fares and and goods and charges for any other use of the railway or of the other charges, property of the Commissioner, prescribing that any specified fares or charges shall be prepaid, prescribing and fixing the amounts of deposits to be lodged upon the ordering of wagons, prescribing the conditions under which any such deposits may be forfeited, and prescribing and fixing the amounts of charges for special trains run to supply wagons ordered but not used. 7 a . Regulating the terms and conditions upon which goods will Goods for be collected, received, carried or delivered subject to the collection of °n moneys on the delivery thereof, and for fixing the rate or amount of y‘ commission to be charged for the collection of such moneys or to be deducted from the moneys so collected.” ;

278 Railways Acts Amendment Act. 8 ELtz. II. No. 56, (d) Repealing clause nine and inserting, in lieu of that repealed clause, the following clause Smoking, &c. " 9. Permitting or prohibiting smoking in stations, buildings, carriages and other portions of the Commissioner's property, and providing for and regulating the removal from any such place, 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 therein or thereon against this Act or any by-law hereunder."; (e) Repealing clause 9A; (f) Repealing clause twelve and inserting, in lieu of that repealed clause, the following clause :— Good conduct. " 12. Regulating the conduct of all persons whilst upon or in any station, building, pier, wharf or jetty, vested in or under the control of the Commissioner, or whilst employed at or near the same. This regulatory power shall not include officers of the Marine Board, or of the Department of Harbours and Marine, or of the Customs whilst on duty at or near any such pier, wharf or jetty."; (g) In clause 22A inserting— (1.) After the first paragraph thereof, the following paragraph :— " For the purposes of this clause "Cannon Hill ", "Cannon Hill Sales" and "Cannon Hill Abattoir" shall be different destinations and where the order for trucks for the conveyance of animals specifies "Cannon Hill Sales" and the trucks are consigned to any destination whatsoever other than "Cannon Hill Sales" there shall be a diversion."; and (ii.) In the second last paragraph thereof, after the words "The Commissioner , the words "or an officer authorised by him either generally or in any particular case " ; Power to hire, &c. (h) Inserting, after clause 22A, the following clause :— " 22B. Regulating the hire, use and detention of any locomotives, rolling stock, machines and plant, and the liability of persons hiring, using or detaining the same for damage done thereto, or for the destruction or detention thereof."; (i) Inserting, in clause thirty-seven, after the words "or grade" the words "the seniority " ; (j) Inserting, in clause thirty-eight, after the words "such duties" the words "the transfer of employees " • (k) Inserting, after clause forty, the following clause :— Refreshment " 41. Regulating the use of refreshment rooms and dining and r°"112, 44e• restaurant cars; prescribing the terms on which leases or licenses for

1959. Railways Acts Amendment Act . 279 refreshment rooms, dining and restaurant cars shall be granted and the hours of opening and closing refreshment rooms, fees to be paid for such leases or licenses and conditions under which same may be determined and forfeited.**; and (?) Inserting, after clause forty-four, the following clause :— “ 44 a . Prescribing any matter or thing not inconsistent with this Respecting Aancyt wpohwicehr,isdunteyceosrsaaruythoorrciotynvoefnthieentCtoombmeipssrieosncerribuenddteor tghivise Aefcfte. c”t to sopifoownCeeorrm. s, m<i&s­ c., Princ4ip0a-l TAhcet, nfaomlloewlyin:— g Schedule is added to the NSinceshweerdtTeudhle.ird THIRD SCHEDULE. P art I.— C opy of A greement dated 22 nd S eptember , 1959. T his A greement made this twenty-second day of September, 1959, by and between the G overnment of Q ueensland , Australia, herein called Government, and F ord , B acon & D avis , I ncorporated , a corporation of the State of New Jersey, United States of America, herein called Engineer, witnesseth that:— Whereas, Government plans to partially rehabilitate the Collinsville-Townsville-Mt. Isa line of the Queensland Government Railways primarily by installing heavier rail, regrading and extending passing loops in the 242-mile Richmond-Duchess section, by constructing drainage works to alleviate flood conditions and by any essential renovation of yards and terminals, all within the limitations imposed by a budget of between £A.8,000,000 and £A.10,000,000 to be disbursed over a five-year period; said Project, which Government plans to complete on or before 30th June, 1964, being herein referred to as the Work; Now, therefore, Government and Engineer agree that, for the consideration hereinafter named, Engineer will perform professional services, with respect to the Work, as follows :— S ection 1 —S tatement of E ngineering S ervices . Upon execution of this Agreement, Engineer, acting as agent for and on behalf of Government, will undertake and perform, as promptly and economically as practicable, the following services with respect to the Work :— A.—Advisory Services . (а) Determine the individual projects to be undertaken as part of the Work, as generally described on page 1 hereof, and establish a preliminary overall time schedule to cover all phases of the Work. (б) Review construction progress at least annually in the light of the funds currently available, or to be made available during the ensuing year, for the Work under the budget established by

280 Railways Acts Amendment Act. 8 ELIz. II. No. 56, 195 Government and report to Government any changes which must be made in the overall time schedule for, or scope of, the Work in consequence thereof. (c) Advise upon the character of, and upon the qualifications of the personnel and the number required for, a distinct unit of staff to be set up by the Railways Department, herein called the Unit, which will perform the details of the engineering, design and supervision of construction functions necessary for the successful completion of the Work under the direct charge of a Project Manager assigned by the Railways Department. (d) Establish the design criteria and the general specifications for the engineering design of the Work by the Unit. (e) Specify the surveys, investigations and inspections to be made in preparation for and during the construction phases of the Work. (f) Establish the methods and procedures to be followed by the Unit in carrying out all engineering, design and superviskin of construction phases of the Work. (g) Report promptly to Government, through its designated representative, the Minister for Transport, herein called Minister, so that it can take the necessary corrective action upon any failure of the Unit to adhere to criteria, specifications, methods, procedures and the like established by Engineer, as described in this Part A— Advisory Services—of Section 1 of this Agreement, as well as any failure of the Unit to follow the advice or act upon the suggestions of Engineer upon the matters described below in Part B—Supervisory Services—of Section 1 of this Agreement. (h) Advise and consult with Minister, as he may request or as Engineer may deem necessary, upon any matters directly affecting or connected with the Work. B.—Supervisory Set-vices. (a) Supervise the Unit in the making of the soil investigations and surveys required in connection with the Work. (b) Supervise the preparation by the Unit of preliminary plans, specifications and estimates of construction costs and, upon their completion, review and approve them. Upon Minister's approval thereof, supervise the preparation by the Unit of detailed designs, specifications, bills of material and working drawings for construction of the Work and, upon their completion, review and approve them. (c) Supervise the Unit in setting up a time schedule for construction, including a construction material delivery schedule and a schedule of estimated cash flow requirements for construction, and review and approve such reports as may be issued by the Unit to keep Minister advised of construction progress. (d) Supervise the preparation by the Unit of invitations for tenders on long lead-time items which must be ordered in advance of the awarding of construction contracts and review and approve all invitations before issuance thereof. Supervise the analysis by the Unit of tenders received, and approve the Unit's recommendations upon placement of orders by Minister for all such items to assure delivery consistent with the construction schedule. docu Spe invi con to th purc sup end for s as re and enti a go spec all pur be n con of a the by at a and of M Gov acc inst this $U est Gov of $ Go the Eng and of e ent inst doe bala Eng

1959. Railways Acts Amendment Act. (e) Supervise the preparation by the Unit of construction contract documents, consisting of the Agreement, General Terms and Conditions, Specifications and Drawings, and approve the issuance therewith of invitations to prospective construction contractors. (/) Supervise the analysis of tenders from prospective construction contractors and approve the Unit’s recommendations to Minister as to the award of contracts. (g) Approve the Unit’s recommendations to Minister upon the purchase of those items of material and equipment which will not be supplied as part of construction contracts. (h) Supervise the Unit in expediting materials purchased to the end that they shall be delivered at the points where and when needed for scheduled progress of the Work, and in checking such materials as received and delivered to th§ contractors. (i) After contracts have been awarded for construction, review and approve the supervision of contractors and the inspection of the entire construction by the Unit to the end that it shall be done in a good, proper and workmanlike manner, in accordance with the specifications and provisions of the contracts, and in accordance with all statutory provisions and requirements and all regulations made pursuant thereto. Make such personal spotcheek inspections as may be necessary to determine that construction is being so done. j) ( Supervise the checking and certification of construction contractors’ and vendors’ invoices by the Unit. Records and books of account showing cost of all expenditures mad© in connection with; the Work will be kept by Minister or the Unit, as mutually agreed on by them. If kept by Minister, they will be in a form accepted by and, at all times, will be immediately accessible to the Unit and Engineer ; ‘ and, if kept by the Unit, they will be subject to review and approval of Minister and Engineer, and in all cases will be subject to audit by Government. Minister and Engineer shall, at all times, have prompt access to the Unit’s premises, books, records, correspondence, instructions, plans, drawings and receipts pertaining to the Work. S ection 2—C onsideration . 4 For the Engineering Services, as outlined under Section 1 of this Agreement, Government will pay Engineer a Fixed Fee of $U.S.200,000, which is approximately 1% (one per cent.) of the estimated £A.8,000,000 to £A.10,000,000 cost of the Work. Government will pay Engineer this Fixed Fee in monthly instalments of $U.S.3,333 each, the first of which will be paid Engineer by Government on or prior to the 15th dajr of the first month following the month during which Engineer commences to perform the Engineering Services, as outlined under Section 1 of this Agreement, and the succeeding instalments will be paid on or prior to the 15th day of each succeeding month. If such instalments reach the total of the entire Fixed Fee prior to completion of the Work, no further instalments shall be made and, if the total of such monthly instalments does not equal the Fixed Fee upon completion of the Work, the balance, if any, shall be paid within 15 days after the completion of the Engineering Services as outlined under Section 1 of this Agreement.

282 Railways Acts Amendment Act . 8 E liz . II. No. 56, In addition to paying the Fixed Fee, Government will reimburse Engineer currently for all costs incurred by Engineer in connection with the performance of services hereunder, including, but not limited to, the following:— 1. Costs of materials, supplies, equipment, labour, transportation, office and clerical facilities, communication and other direct costs necessary to perform the services hereunder. 2. Costs of salaries or wages paid by Engineer to its employees directly engaged on the services to be performed under this Agreement. (Cost of such salaries or wages of employees on Engineer’s United States payroll shall include Engineer’s regular additional overseas allowance of 20 per cent, for those employees working outside of the United States, allowances for vacations and holidays and other charges under welfare and employee relations policies on the basis maintained throughout Engineer’s organisation, or such as are incurred pursuant to an agreement made as a result of collective bargaining with the representatives of employees.) If the full time of any such employee is not devoted to the services hereunder, the salaries or wages of such employees shall be included in Engineer’s costs only in proportion to the actual time applied thereto. 3. An amount equal to 75 per cent, of the cost of salaries or wages, as determined aforesaid but excluding the additional overseas allowance, of employees on Engineer’s United States payroll directly engaged on the services under this Agreement, to reimburse Engineer for its general overhead. 4. Payments made by Engineer for any applicable United States, or Australian Federal, State, or local taxes, fees or charges, which Engineer may be required to pay on account of this Agreement, including any gross receipts tax or other tax based on gross receipts or expenditures. Excluded, however, is any tax imposed by the United States or a State or local government thereof, based on Engineer’s fee Engineer’s net income, and similar taxes and taxes (not measured by gross receipts or expenditures) imposed by the United States or any State or local government thereof, on the privilege or license of Engineer to do business. 5. Travel and living expenses of Engineer’s employees as may be incurred in connection with the performance of the services hereunder., 6. Premiums on bonds and insurance and fees for permits and licenses required to be obtained by Engineer in connection with the performance of the services hereunder. 7. Losses, liabilities or expenses, not compensated by insurance or otherwise, sustained by Engineer in connection with the services hereunder. 8. Such other proper costs as are not expressly mentioned herein and which are incurred by Engineer in performing the services outlined in Section 1 hereof. S ection 3—C urrency . Government will pay Engineer the Fixed Fee, the cost of salaries or wages of employees on Engineer’s United States payroll, and the overhead percentage, as described under Section 2—Consideration— of this Agreement, in United States dollars in New York funds.

56, 1959. Railways Acts Amendment Act. urse ion not ion, osts yees ent. ited eas the ges sis red ing uch ges ion or eas oll rse tes, ich nt, or ted fee by ny of be er. nd he or ces ein ed es he — s. Government will reimburse Engineer for all other costs incurred by Engineer, as described in Section 2—Consideration—of this Agreement in United States dollars or in the currency in which the costs are incurred and actual disbursements are made by Engineer, as Government may elect. SECTION 4—INvoicEs. Engineer will submit to Government each month an invoice, in a form mutually agreed upon by Government and Engineer, covering reimbursement of all costs incurred by Engineer during the preceding month in connection with the performance of services hereunder. Payment of Engineer's monthly invoices for reimbursement of costs and Fixed Fee instalments shall be made by Government in such manner and upon such conditions as are mutually agreed upon by Government and Engineer. SECTION 5—GENERAL CONDITIONS. Changes.. Government may at any time, by written notice to Engineer, require changes in the Project or in Engineer's services under this Agreement. If such changes result in (a) an increase or decrease in the scope of the Work, as described on page 1 hereof, which results in a change in excess of 10% (ten per cent.) of the currently estimated average iA.9,000,000 cost of the Work, (b) a change in the scope or character of Engineer's service, as described in Section 1 hereof, or (c) a delay of more than 90 calendar days after 30th June, 1964, in the completion of the Work, an equitable adjustment of the Fixed Fee will be negotiated. Access. Government will arrange prompt access for Engineer to the premises and to all necessary records pertaining to the Work and will give Engineer full and prompt co-operation. Permits, &c. Government will obtain all necessary permits, easements and rights-of-way. Representatives. Government will designate the Minister for Transport as its responsible representative, under whose general direction Engineer will function. Engineer will assign to the Work a Project Supervisor who will act as Engineer's representative on all Engineer's activities in connection with the Work. • Titles. As between Government and Engineer, the title to the Work, materials and supplies will be in Government, providing the cost of purchase thereof is chargeable to the Work. Upon request Engineer will be furnished a copy of all drawings, designs, specifications and other documents related to the Work approved by Engineer. 283

284 Railways Acts Amendment Act. 8 Euz. II. No. 56, 1959 Insurance. Engineer will provide and maintain, with respect to the services to be performed by it hereunder, workmen's compensation insurance (including employer's liability and occupational disease coverage) and such other insurance as may be deemed necessary by Engineer or required by Government; all in such amounts and for such period or periods as are deemed necessary by Engineer, but in no event for shorter periods or in lesser amounts than Government shall require. The cost of this insurance will be reimbursed to Engineer. A Gov succ prior I to be autho Termination. This Agreement will terminate upon completion by Engineer of the Engineering Services as outlined under Section 1 hereof, and upon payment by Government of the Consideration, as outlined under Section 2 hereof, unless sooner terminated, as outlined below in this Termination clause. However, this Agreement may be terminated by Government at any time, by written notice to Engineer, specifying the manner of termination. Upon such termination, Government will assume and become liable for all obligations and commitments that Engineer shall have theretofore in good faith undertaken or incurred in connection with its services and will reimburse Engineer for all costs incurred hereunder and not previously paid and for further costs after date of termination necessary to expeditiously wind up the services of Engineer in accordance with Government's instructions and to return Engineer's employees to their home offices. If termination shall be due to the abandonment or indefinite suspension of the Work by Government, Government will pay Engineer that proportion of the Fixed Fee which Engineer's services actually completed at the date of termination (plus required services thereafter, if any) bears to the entire 'services of Engineer under this Agreement (less fee payments previously made). Except where Engineer's services are terminated pursuant to the following paragraph of this Termination clause, if termination shall be for any reason other than abandonment or indefinite suspension of the Work by Government, Government will pay Engineer the entire unpaid balance of the Fixed Fee. If Engineer's services are terminated because of failure on the part of Engineer to perform the duties and obligations imposed on Engineer by this Agreement, no part of the balance of the Fixed Fee shall be payable by Government to Engineer. Notices. Any notice or order provided for in this Agreement will be considered as having been given to Government if delivered personally to its designated representative, or to Engineer if delivered personally to its designated representative. PAR T by an called corpo herei W Colli Railw main by co impro 215 by co const term Quee and t types which being W cons unde N to an 1959 perfo F proce 1959,

6, 1959. Railways Acts Amendment Act. Assignment. es All provisions of this Agreement will apply to and bind ce Government and its successors and assigns and Engineer and its e) successors, but Engineer will not assign this Agreement without or prior written consent of Government. d In witness whereof the parties hereto have caused this Agreement or to be executed by their respective representatives thereunto duly e. authorised, as of the day and year first above written. GOVERNMENT OF QUEENSLAND, By (Sgd.) FRANK NICKLIN, er Premier. nd FORD, BACON & DAVIS, INCORPORATED, er is By (Sgd.) L. H. POOR. at of PART IL—COPY OF AGREEMENT DATED 18711 NOVEMBER, 1959. THIS AGREEMENT made this eighteenth day of November, 1959, me by and between the GOVERNMENT OF QUEENSLAND, Australia, herein ve called Government. and FORD, BACON & DAVIS, INCORPORATED, a h corporation of the State of New Jersey, United States of America, er herein called Engineer, witnesseth that :— onn ColliWnsvhiellree- aTso, wGnosvviellren- mMeonunt thIassa ulinnedeorfttahkeeQnuteheensrleahnadbGiloitvaetrinomneonft 's Railways by installing heavier rail in approximately 300 miles of main track, by constructing, improving or extending passing loops, te by constructing new roadbed or regrading existing roadbed to er improve about 110 miles of profile, by reconstructing approximately ly 215 bridges and 110 culverts with the approaches thereto, r, by constructing drainage works to alleviate flood conditions, by nt constructing, renovating, expanding or relocating six yards and terminals, by erecting a Divisional Office Building at Townsville, onne aQwtbynehupdiienecetsghh, nGheasenloaardvceneqibdnruny, rimbsepiyfertenoitrotvhrnpeieddloapintnruosgrretaconbshecutachoiselmeedsWspionalfergoty1reok2aof; untaaoxnboi1dlroi5bauertnyf5oef0rwae0c3diw1liiestatisgeDeosle, nlcssoeacmoiodfbmpverrao, o1rtiji9oev6cue4tss, , Whereas, Engineer is now engaged as advising and supervising e consultant to the special Project Unit established by Government n under the Minister of Transport to undertake a part of the Work : ee Now therefore, Government and Engineer agree that, subject to and following termination of their Agreement of 22nd September, 1959, and for the consideration hereinafter named, Engineer will perform professional services, with respect to the Work, as follows :— e y SECTION 1—STATEMENT OF ENGINEERING SERVICES. y Following receipt of Government's instructions to Engineer to proceed, and termination of their Agreement of 22nd September, 1959, as at a mutually agreeable date but not before 1st January, 1960, 285

286 Railways Acts Amendment Act . 8 Euz. II. No. 56, Engineer, acting as agent for and on behalf of Government, will undertake and perform, as promptly and economically as practicable the following services with respect to the Work ; taking into account such Work as has already been performed by Government’s Mount Isa Railway Project Unit and Engineer’s services rendered in connection therewith : (а) Establish a preliminary overall +ime schedule to cover all phases of the Work. (б) Direct the making of required soil investigations and surveys. (c) Establish design criteria and prepare preliminary plans, specifications and estimates of construction costs and, upon Government’s approval thereof, prepare final detailed designs, specifications, bills of material and working drawings for construction of the Work, with the exception of the proposed new Macrossan Bridge, for which the work covered by this paragraph (c) will be handled j by Queensland Government engineers, and work already completed, under contract, or for which tenders have been received. (d) Recommend to Government the number of motive power and rolling stock units, by types, required as part of the Work for operation of the rehabilitated line. Establish design criteria and prepare general specifications and estimates of cost for these units, and recommend to Government the units to be purchased and to be built or rebuilt by Railways Department shops, exclusive of any motive power already purchased or under contract in connection with the Work. (e) Set up a time schedule for construction, including a construction material delivery schedule and a schedule of estimated cash flow requirements for construction giving consideration to that already completed or under contract, and issue such reports as may be necessary to keep Government advised of construction progress. , (/) Set up a time schedule for acquisition or rebuilding of motive power and rolling stock giving consideration to that already under contract or the rebuilding of which has already been scheduled, including delivery and estimated cash flow requirements schedules for this equipment. (g) Prepare invitations for tenders on long lead-time items for1 which tenders have not been asked and which must be ordered in advance of the awarding of construction contracts, analyse tenders received, and recommend placement of orders by Government for all such items for delivery consistent with the construction schedule. Single orders for items involving individual expenditures of less than an amount mutually agreed upon by Government and Engineer may be placed by Engineer for Government's account without prior approval of Government’s authorised representative. (h) Review and approve invitations for tenders not yet advertised for units of motive power and rolling stock to be purchased, and plans and specifications for units to be built or rebuilt by Railways which will be prepared by Government. (i) Prepare or complete unfinished construction contract documents, consisting of the Agreement, General Terms and Conditions, Specifications and Drawings, and issue therewith, invitation to prospective construction contractors.

1959. Railways Acts Amendment Act . (j) Analyse tenders from prospective construction contractors and prospective suppliers of required additional motive power and rolling stock, and make recommendations to Government as to the award of contracts . (k) Recommend to Government the purchase of those items of material and equipment which will not be supplied as part of construction contracts. Single purchases of such items which require an individual expenditure of less than an amount mutually agreed upon by Government and Engineer, may be made by Engineer for Government’s account without prior approval of Government’s authorised representative. (l) Expedite materials purchased to the end that they shall be delivered at the points where and when needed for schedule progress of the Work, and check such materials as received and delivered to the contractors. (m) After contracts have been awarded for construction, supervise contractors and inspect the entire construction to the end that the construction shall be done in a good, proper and workmanlike manner, in accordance with the specifications and provisions of the contracts, and in accordance with all statutory provisions and requirements and all regulations made pursuant thereto. (n) Check and certify construction contractors’ and vendors invoices. Verify delivery of each unit of motive power and rolling stock and review and certify manufacturers’ invoices. Records and books of account showing cost of all expenditures made in connection with the Work will be kept by Government or Engineer, as mutually agreed on by them. If kept by Government, they will be in a form accepted by, and at all times immediately accessible to, Engineer. If kept by Engineer, they will be in a mutually acceptable form, and will be subject to audit by Government. Government will, at all times, have access to the books, records, correspondence, instructions, plans, drawings and receipts of Engineer, pertaining to the Work. S ection 2—C onsideration . For the Engineering Services, as outlined under Section 1 of this Agreement, Government will pay Engineer a Fixed Fee of $570,000 U.S., which is approximately 10% (one per cent.) of the estimated £A.25,300,000 cost of the Work, reduced by any Fixed Fee payments already made under the Agreement between Government and Engineer dated 22nd September, 1959. Government will pay Engineer this Fixed Fee in monthly instalments of $9,500 U.S. each, the first of which will be paid Engineer by Government on or prior tp the 15th day of the first month following the month during Which Engineer commences to perform the Engineering Services, undef this Agreement as outlined under Section 1, and the succeeding instalments will be paid on or prior to the 15th day of each succeeding month. If such instalments reach the total of the entire Fixed Fee prior to completion of the Work, no further instalments shall be made and, if the total of such monthly instalments does not equal the Fixed Fee upon completion of the Work, the balance, if any, shall be paid within 15 days after the completion of the Engineering Services under this Agreement: 287

288 Railways Acts Amendment Act . 8 E liz . II. No. 56, In addition to paying the Fixed Fee, Government will reimburse Engineer currently for all costs incurred by Engineer in connection with the performance of services hereunder including, but not limited to, the following :— 1. Costs of materials, supplies, equipment, labour, transportation, necessary office and clerical facilities, communication and other services, blueprints, duplicating services and other direct costs necessary to perform the services hereunder. 2. All sub-contracts and all payments to contractors or vendors made by Engineer. 3. Costs of salaries or wages paid by Engineer to its regular and temporary employees directly engaged on the services to be performed under this Agreement. (Cost of such salaries or wages of employees on Engineer’s United States payroll shall include Engineer’s regular additional overseas allowance of 20 per cent, for those employees working outside of the United States, allowances for vacations and holidays and other charges under welfare and employee relations policies on the basis maintained throughout Engineer’s organisation, or such as are incurred pursuant to an agreement made as a result of collective bargaining with the representatives of employees. Costs of such salaries or wages of Engineer’s temporary employees hired for this job shall include such allowances and charges as may be agreed to by, or imposed upon, Engineer by reason of the hiring of such temporary employees.) If the full time of any such employee is not devoted to the services hereunder, the salaries or wages of such employees shall be included in Engineer’s costs only in proportion to the actual time applied thereto. 4. An amount equal to 75 per cent, of the cost of salaries or wages, as determined aforesaid but excluding the additional overseas allowance, of employees on Engineer’s United States payroll directly engaged on the services under this Agreement, to reimburse Engineer for its general overhead. This overhead percentage shall not apply to salaries or w ages of temporary employees on field office payroll of Engineer, but Engineer will be reimbursed for" any tax, insurance premium or similar payment made on the payroll of such employees. 5. Payments made by Engineer for any applicable United States or Australian Commonwealth, Federal, State, or Local taxes, fees or charges, which Engineer may be required to pay on account of this Agreement, including any gross receipts tax or other tax based on gross receipts or expenditures. Excluded, however, is any tax imposed by the United States or a State or local government thereof, based on Engineer’s fee, Engineer’s net income, and similar taxes and taxes {not measured by gross receipts or expenditures) imposed by the United States or any State or local government thereof, on the privilege or license of Engineer to do business. 6. Travel and living expenses of Engineer’s employees as may be incurred in connection with the performance of the services hereunder. 7. Premiums on bonds and insurance, including accident and health insurance, and fees for permits and licenses required to be obtained by Engineer in connection with the performance of the services hereunder.

1959. Railways Acts Amendment Act . 8. Losses, liabilities, or expenses, not compensated by insurance or otherwise, sustained by Engineer in connection with the services hereunder. 9. Such other proper costs as are not expressly mentioned herein and which are incurred by Engineer in performing the services outlined in Section 1 hereof. S ection 3— C urrency . Government will pay Engineer the Fixed Fee, the cost of salaries or wages or employees on Engineer’s United States payroll, and the overhead percentage, as described under Section 2—Consideration— of this Agreement, in United States dollars in New York funds. Government wrill reimburse Engineer for all other costs incurred by Engineer, as described in Section 2—Consideration—of this Agreement in United States dollars or in the currency in which the costs are incurred and actual disbursements are made by Engineer, as Government may elect. S ection 4 —A dvance of F unds . Upon request of Engineer, Government will from time to time advance to Engineer such funds as are necessary to carry on the Work and services under this Agreement, such advances to be made in such amounts and. at such times as may be required to meet currently all obligations in connection with the Work, as they become due and payable and to cover all commitments entered into by Engineer for and on behalf of Government. Such funds will be advanced, deposited, maintained and disbursed in such manner and upon such conditions as are mutually agreed upon by Governm ent and Engineer. S ection 5— G eneral C onditions . Changes . Government may at any time, by written notice to Engineer, require changes in the project or in Engineer’s services under this Agreement. If such changes result in (a) an increase or decrease in the scope of the Work, as described on page 1 hereof, which results in a change in excess of 10 per cent, of the currently estimated b fA.25,300,000 cost of Work, ( ) a change in the scope or character of Engineer’s services, as described in Section 1 hereof, or (c) a delay of more than 90 calendar days after 31st December, 1964, in the completion of the Work, an equitable adjustment of the Fixed Fee will be negotiated. Access . Government will arrange prompt access for Engineer to the premises and to all necessary records pertaining to the Work and will give Engineer full and prompt co-operation. Permits , dec. Government will obtain all necessary permits, easements and rights-of-way. Representatives . Government will designate a responsible representative, under whose general direction Engineer will function. Engineer will assign to the Work a Project Manager who will act as Engineer’s representative on all Engineer’s activities in connection with the Work. 289

.290 Railways Acts Amendment Act. 8 Eiiiz. II. No. 56, Titles . (а) As between Government and Engineer, the title to the Work, materials and supplies will be in Government, providing the cost of purchase thereof is chargeable to the Work. (б) All drawings, designs and specifications prepared by Engineer hereunder, shall become the property of Government. Engineer may retain a copy of drawings, designs and specifications. Insurance . Engineer will provide and maintain, with respect to the services to be performed by it hereunder, workmen’s compensation insurance (including employer’s liability and occupational disease coverage), contractor’s public liability insurance, contractor’s protective liability insurance, automobile liability insurance covering all owned or rented equipment used by it in or about the Work, and such other insurance as may be deemed necessary by Engineer or required by Government; all in such amounts and for such period or periods as are deemed necessary by Engineer, but in no event for shorter periods or in lesser amounts than Government shall require. The cost of this insurance will be reimbursed to Engineer by Government. Termination. This Agreement will terminate upon completion by Engineer of the Engineering Services as outlined under Section 1 hereof, and upon payment by Government of the Consideration, as outlined under Section 2 hereof, unless sooner terminated, as outlined below in this Termination clause. However, this Agreement may be terminated by Government at any time, by written notice to Engineer, specifying the manner of termination. Upon such termination, Government will assume and become liable for all obligations and commitments that Engineer shall have theretofore in good faith undertaken or incurred in connection with its services and will reimburse Engineer for all costs incurred hereunder and not previously paid and for further costs after date of termination necessary to bring to an end, as expeditiously as practicable, the services of Engineer in accordance with Government’s instructions and to return Engineer’s employees to their home offices. If termination shall be due to the abandonment or indefinite suspension of the Work by Government, Government will pay Engineer that proportion of the Fixed Fee which Engineer’s services actually completed at the date of termination (plus required services thereafter, if any) bears to the entire services of Engineer under this Agreement (less fee payments previously made). Except where Engineer’s services are terminated pursuant to the following paragraph of this Termination clause, if termination shall be for any reason other than abandonment or indefinite suspension of the Work by Government, Government will pay Engineer the entire unpaid balance of the Fixed Fee. If Engineer’s services are terminated because of failure on the part of Engineer to perform the duties and obligations imposed on Engineer by this Agreement, no part of the balance of the Fixed Fee shall be payable by Government to Engineer.

1959. Railways Acts Amendment Act . Notices . Any notice or order provided for in this Agreement will be considered as having been given to Government if delivered personally to its designated representative, or to Engineer if delivered personally to its designated representative. Assignment . All provisions of this Agreement will apply to and bind Government and its successors and assigns and Engineer and its successors, but Engineer will not assign this Agreement without prior written consent of Government. In witness whereof the parties hereto have caused this Agreement to be executed by their respective representatives thereunto duly authorised, as of the day and year first above written. GOVERNMENT OF QUEENSLAND, By (Sgd.) F rank N icklin , Premier. FORD, BACON & DAVIS, INCORPORATED, By (Sgd.) C. S. P etrasch , Jr., Vice President. 291