Railways Classification Board Act Amendment Act 1950 (WA)

No. 4.1 Railways Classification Board. [1950.

RAILWAYS CLASSIFICATION BOARD.

14° Geo. VI., No. IV.

No. 4 of 1950.

AN ACT to amend the Railways Classification Board

Act, 1920-1945.

[Assented to 15th November, 1950.]

BE it enacted by the King's Most Excellent of the Legislative Council and the Legislative Majesty, by and with the advice and consent

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1.

This Act may be cited as the Railways Classifi- cation Board Act Amendment Act, 1950, and shall be

read as one with the Railways Classification Board Act, 1920-1945 (Act No. 38 of 1920 as amended by Acts Nos. 33 of 1935 and 20 of 1945 and as affected by Act No. 38 of 1945) hereinafter called the prin-cipal Act.

Citation of

principal	2.	The principal Act as amended by this Act may
Act as

amended by	be cited as the Railways Classification Board Act,
this Act.
1920-1950.
5. 2 amended.
3. Section two of the principal Act is amended by substituting for the interpretation, "Commis- sioner" the following interpretation:
Cf. No. 78

of 1948, 5. 10. "Commission" means The Western Australian Government Railways Commission consti- tuted pursuant to the provisions of the Gov- ernment Railways Act, 1904-1948.

1950.] Railways Classification Board. [No. 4.

4. The principal Act is amended by substituting =lents.

for the word, "Commissioner" wherever it appears, ?d4t::Z?

the word, "Commission" and effecting consequential

grammatical adjustments.

5. Section fifteen of the principal Act is amended 13. 1.nded,

by adding after subsection (1) the following sub-

section:—

( la) (a) (i) When and as often as a salaried position or office is classified or reclassified, as the case may be, pursuant to the provisions of this Act, the position or office shall thereupon by force of this Act be regarded as vacant for the purposes of the Government Employees (Promotions Appeal Board) Act, 1945-1949, not- withstanding that there is then an occupant in the position or office.

(ii) Where some person other than such occu- pant is appointed to the reclassified position, the classification of such latter occupant shall not be affected merely by the reclassification or merely by his occupancy of the reclassified posi- tion for any period following the reclassification.

(b) The provisions of this subsection shall not prejudice or affect-

(i)  the me anin g of the expression "vacancy" as used in that Act, but shall be in addition thereto;

(ii)    the continuity of the service of the occupant of the office.

(c) The provisions of this subsection shall be regarded as in operation on and from the seven- teenth day of February, one thousand nine hundred and forty-eight and all notices, appeals, documents, acts, matters and things given, brought, executed or done in purported pursuance of that Act shall be as effective as would have been the case if this subsection had been incorporated in and formed part of this Act on and from that day.

6. Section twenty-three of the principal Act is ,ti,

amended by deleting the word, "Colonial" in line

two.