Railways Standardization (Administration) Regulations (Cth)

STATUTORY RULES.

1946. No. 183.

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REGULATIONS UNDER THE RAILWAYS STANDARDIZATION AGREEMENT ACT 1946.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Railways Standardization Agreement Act 1946.

Dated this eleventh day of December, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. WARD

Minister of State for Transport.

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RAILWAYS STANDARDIZATION (ADMINISTRATION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Railways Standardization (Administration) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the tenth day of December, 1946, being the date upon which the Agreement was executed by the parties thereto.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Railways Standardization Board.

Part III.—Miscellaneous.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“party” means party to the Agreement;

“standard gauge” means a gauge of four feet eight and one-half inches;

“standardization work” means any work included in clauses 10 or 11 of the Agreement;

“State” means a State of the Commonwealth which is a party to the Agreement;

“the Act” means the Railways Standardization Agreement Act 1946;

“the Agreement” means an agreement substantially in accordance with the form contained in the Schedule to the Act;

* Notified in the Commonwealth Gazette on 12th December, 1946.

6748.—Price 3d.

“the Board” means the Railways Standardization Board established under the Agreement;

“the Council” means the Railways Council established under the Agreement;

“the Director-General” means the Director-General of the Board;

“the Loan Fund” means the head of the Loan Fund of the Commonwealth styled “Standardization of Australian Railway Gauges” and specified in the Loan Acts under the authority whereof moneys are raised by the Commonwealth for the purposes of the Agreement.

Part II.—Railways Standardization Board.

Remuneration of members of Board.

5. The remuneration of members at the Board shall be at such rate per annum as the Governor-General determines.

Granting of leave of absence.

6. The Governor-General may grant leave of absence to any member of the Board upon such conditions as to remuneration or otherwise as the Governor-General thinks fit.

Meetings of the Board.

7.—(1.) Meetings of the Board may be convened by the Chairman or, in his absence, by the Secretary of the Board.

(2.) The Minister may at any time convene a special meeting of the Board.

(3.) Three members of the Board shall constitute a quorum.

(4.) In the event of the absence of the Chairman and Deputy Director-General from any meeting the members present may select one of their number to act as Chairman at that meeting.

(5.) Any question arising at any meeting of the Board shall be determined by a majority of the votes of the members present.

(6.) The Chairman shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote.

(7.) The Board shall keep a record of its proceedings.

Part III.—Miscellaneous.

Appointment of officers.

8. The Governor-General may on the recommendation of the Minister appoint in a permanent capacity such officers, including a person to be the Secretary of the Board, as are necessary for the purpose of carrying out the Agreement.

Salaries of permanent officers.

9.—(1.) The limits of annual salary payable to an officer appointed under regulation 8 of these Regulations, other than an officer who is a member of the Board, shall be such of the amounts specified in Table A or Table B of regulation 105 of the Commonwealth Public Service Regulations for the time being in force as are fixed by the Governor-General in respect of that office.

(2.) Any salary range fixed in pursuance of the last preceding sub-regulation shall be subject to adjustment in accordance with regulation 106a of the Commonwealth Public Service Regulations as in force from time to time.

Conditions of permanent officers.

10. The provisions of the Commonwealth Public Service Act 1922-1946 and Regulations thereunder which relate to—

(a) attendance and duties of officers;

(b)hours of duty and overtime payments;

 

(c) meal allowance;

(d)leave of absence and holidays; and

(e) offences,

shall apply to officers appointed under regulation 8 of these Regulations:

Provided that in the application of these provisions to these officers any reference to the Board of Commissioners appointed in pursuance of the Commonwealth Public Service Act 1922-1946 shall be read as a reference to the Minister, any reference to the Permanent Head and Chief Officer shall be read as a reference to the Secretary of the Department of Transport, and any reference to an Appeal Board shall be read as a reference to an Appeal Board appointed by the Minister, and the Minister is hereby authorized to make such appointment.

Travelling allowances and fares.

11.—(1.) Members of the Board and officers when required to travel on official business shall—

(a) if required to be absent from their head-quarters overnight be paid travelling allowance in accordance with the following scale, such travelling allowance to be computed from the time of departure of to time of arrival oar return of the train, steamer, aircraft or other conveyance by which the member or officer travels:—

Rate per day.
£	s.	d.
Where standard rate of salary is—
£342 or less......................................................................	14	6
£343 but not exceeding £720.............................................	18	6
£721 but not exceeding £1,012..........................................	1	2	6
£1,013 but not exceeding £1,512........................................	1	5	0
£1,513 and over................................................................	1	10	0:

Provided that, in any case where expenditure in excess of the prescribed allowance is necessarily incurred in travelling, the excess may, with the approval of the Minister, be paid to the person incurring the expenditure:

Provided further that where accommodation or meals are provided an appropriate reduction may be made by the Minister; and

(b)be allowed first-class fares, or if the Chairman of the Council or the Director-General of the Board approves of the use of a member’s or officer’s private motor, the member or officer shall be paid an allowance in accordance with the rates fixed by the Commonwealth Public Service Regulations for the time being in force.

(2.) In addition to travelling allowances members of the Board may be paid such other allowances as the Governor-General determines.

Preservation of existing and accruing rights.

12. Where an officer appointed in pursuance of regulation 8 of these Regulations was, immediately prior to his appointment, an officer of the Public, Railway or other Service of the Commonwealth or of a State, that officer shall in his service under these Regulations preserve all his

existing and accruing rights and his service in that Public, Railway or other Service shall be taken into account in determining those rights.

Engagement of officers and employees.

13.The Minister may engage, in a temporary capacity, such persons as he thinks necessary.

Conditions for persons temporarily employed.

14.The rates of pay and terms and conditions of employment of persons engaged under regulation 13 of these Regulations shall be as specified in the appropriate award, order or determination of an industrial authority applicable to these persons or to the duties required to be performed by these persons, or where no such award or determination exists, the rates of pay and terms and conditions of employment shall be such as are determined by the Minister.

Inventories.

15. The Board shall maintain inventories of all property provided at the cost of the Loan Fund for Railways Standardization Works and be responsible for its allocation to the parties and for its safe custody or final disposal when no longer required for the purposes of the Act.

Accounts and reports.

16.—(1.) The Board shall in respect of each financial year submit to the Minister as soon as possible after the close of each financial year, an annual report in respect of the operations of the Board and a financial statement in such form as the Treasurer approves.

(2.) The annual report and financial statement shall be laid before each House of the Parliament within fifteen sitting days after their receipt by the Minister.

(3.) The Board shall furnish to the Minister such reports, documents, and information relating to the operations of the Board as the Minister requires.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.