Railways (Tasmania) Act 1975 (Cth)

RAILWAYS (TASMANIA) ACT 1975
- Updated as at 8 February 1994 (#DATE 08:02:1994)

*1* The Railways (Tasmania) Act 1975 as shown in this reprint comprises Act No. 70, 1975 amended as indicated in the Tables below.

Table of Acts
Act Date Date of Application
Number and of Assent Commencement saving or
Year transitional
provisions
Railways (Tasmania) Act 1975
70, 1975 19 June 1975 1 July 1975
Australian National Railways Commission (Transitional
Provisions and Consequential Amendments) Act 1983
141, 1983 22 Dec 1983 17 Feb 1984 (see s. 2 -
and Gazette
1984, No. S47)
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 7 am. No. 141, 1983

RAILWAYS (TASMANIA) ACT 1975 - TABLE OF PROVISIONS 
TABLE

                         TABLE OF PROVISIONS

Section

    1.    Short title

    2.    Commencement

    3.    Interpretation

    4.    Approval of Agreement

    5.    Vesting of property

    6.    Hydro-Electric Commission to exercise powers only in

          accordance with the Agreement

    7.    Transfer of liabilities

    8.    Application of State laws

    9.    Pending proceedings

   10.    Commission authorised to operate railways in Tasmania

   11.    Transfer of employees

   12.    Certificates

   13.    Australia and Commission to carry out Agreement

   14.    Agreement not affected by other Acts

   15.    Capital of Commission

   16.    Appropriation

   17.    Regulations

                             THE SCHEDULE

                              AGREEMENT

RAILWAYS (TASMANIA) ACT 1975 - LONG TITLE 
SECT

   An Act relating to the Acquisition by Australia, with the consent of

    Tasmania, of the Railways of Tasmania and to the Construction and

    Extension by Australia, with the consent of Tasmania, of Railways

           in Tasmania, and for purposes connected therewith

RAILWAYS (TASMANIA) ACT 1975 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Railways (Tasmania) Act 1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

RAILWAYS (TASMANIA) ACT 1975 - SECT 2 
Commencement 
SECT

  2. (1) Subject to subsection (2), this Act shall come into operation on 1
July 1975.
  (2) This Act shall not come into operation unless an Act of the Parliament
of Tasmania approving the Agreement has come into force on or before 1 July
1975.

RAILWAYS (TASMANIA) ACT 1975 - SECT 3 
Interpretation 
SECT

  3. (1) In this Act, unless the contrary intention appears:

  "Agreement" means the agreement a copy of which is set out in the Schedule;

  "proceeding" includes any action;

  "property" includes cash, rights and interests of any kind (including
contractual rights) and things in action.
  (2) Expressions used in this Act that are defined by clause 1 of the
Agreement have the same respective meanings as those expressions have in the
Agreement.

RAILWAYS (TASMANIA) ACT 1975 - SECT 4 
Approval of Agreement 
SECT

  4. The Agreement is approved.

RAILWAYS (TASMANIA) ACT 1975 - SECT 5 
Vesting of property 
SECT

  5. Any land and other property to which the Australian Commission is
entitled on the commencement date under clause 4 of the Agreement shall, by
force of this section, vest in the Australian Commission on that date.

RAILWAYS (TASMANIA) ACT 1975 - SECT 6 
Hydro-Electric Commission to exercise powers only in accordance with the 
Agreement 
SECT

  6. The Hydro-Electric Commission of Tasmania is not entitled to construct or
erect works, or to maintain, repair or use works constructed or erected, on
land of the Australian Commission except in accordance with subclause (3) of
clause 4 of the Agreement.

RAILWAYS (TASMANIA) ACT 1975 - SECT 7 
Transfer of liabilities 
SECT

  7. (1) Subject to this section, the Australian Commission shall, on and
after the declared date, be subject to all liabilities and obligations
incurred by Tasmania or the Tasmanian Commission before that date in connexion
with the administration, maintenance and operation of the railways and of any
services (including passenger and freight road services) that are incidental
or supplementary to, or are operated in association with, the railways, to the
extent to which those liabilities and obligations are not discharged before
that date.
  (2) After the commencement of the Australian National Railways Commission
Act 1983, the obligations to which the Australian Commission is subject under
subsection (1) in relation to the maintenance and repair of the surface of any
roadway do not extend beyond the obligations to which the Australian
Commission would have been subject under section 68 of the Australian National
Railways Act 1917 if that Act had not been repealed.

RAILWAYS (TASMANIA) ACT 1975 - SECT 8 
Application of State laws 
SECT

  8. (1) Where any laws of Tasmania referred to in paragraph (b) of subclause
(2) of clause 2 of the Agreement, as purporting to have the effect referred to
in that paragraph by virtue of legislation of Tasmania enacted in accordance
with that paragraph, cannot, by reason of section 52 of the Constitution, have
that effect as laws of Tasmania, the provisions of those laws shall have that
effect by virtue of, and in accordance with, the Commonwealth Places
(Application of Laws) Act 1970-1973.
  (2) It is the intention of the Parliament that nothing contained in a law of
Australia shall prevent any law of Tasmania from having effect, as a law of
Tasmania, as referred to in paragraph (b) of subclause (2) of clause 2 of the
Agreement.
  (3) Paragraph 4 (2) (a) of the Commonwealth Places (Application of Laws) Act
1970-1973 does not apply in relation to the application of laws of Tasmania in
accordance with subsection (1) of this section.

RAILWAYS (TASMANIA) ACT 1975 - SECT 9 
Pending proceedings 
SECT

  9. (1) A proceeding shall not be instituted during the interim period by or
against the Australian Commission in respect of land or other property that
vests in the Australian Commission by this Act if, by virtue of a law of
Tasmania, the proceeding may be instituted by or against Tasmania or the
Tasmanian Commission but, if any proceeding instituted before or during the
interim period by or against Tasmania or the Tasmanian Commission in respect
of such land or other property is not completed before the declared date, the
court in which the proceeding was or is instituted shall, on or after that
date, substitute the Australian Commission for Tasmania or the Tasmanian
Commission as the plaintiff or defendant, as the case may be, in the
proceeding.
  (2) Where a proceeding in respect of a liability or obligation to which the
Australian Commission is made subject by this Act was or is instituted against
the Tasmanian Commission before or during the interim period but was not or is
not completed before the declared date, the court in which the proceeding was
or is instituted shall, on or after that date, substitute the Australian
Commission for the Tasmanian Commission as the defendant in the proceeding.
  (3) In this section, a reference to the plaintiff or the defendant in
relation to a proceeding by way of a cross-proceeding is a reference to the
plaintiff or the defendant, as the case may be, in the cross-proceeding.

RAILWAYS (TASMANIA) ACT 1975 - SECT 10 
Commission authorised to operate railways in Tasmania 
SECT

  10. On and after the declared date, the Australian Commission may:

  (a) administer, maintain and operate in Tasmania the railways and services
acquired under the Agreement; and

  (b) construct and extend railways in Tasmania in accordance with the
Agreement and administer, maintain and operate railways so constructed or
extended and services (including passenger and freight road services)
incidental or supplementary to, or associated with, those railways.

RAILWAYS (TASMANIA) ACT 1975 - SECT 11 
Transfer of employees 
SECT

  11. The Australian Commission shall, not later than the declared date, in
pursuance of section 46 of the Australian National Railways Act 1917-1975,
appoint as officers or engage as employees, with effect from that date, the
persons who are, by clause 12 of the Agreement, to be transferred to the
employment of the Australian Commission on that date.

RAILWAYS (TASMANIA) ACT 1975 - SECT 12 
Certificates 
SECT

  12. (1) A certificate in writing signed by:

  (a) the Minister or his delegate; and

  (b) the State Minister or his delegate;

stating that the right, title and interest of Tasmania or of the Tasmanian
Commission in land referred to in the certificate vested in Commission on the
commencement date is admissible in evidence in any proceeding and is
conclusive evidence of the matters stated in the certificate.
  (2) A certificate in writing signed by:

  (a) the Minister or his delegate; and

  (b) the State Minister or his delegate;

in relation to any other matters arising under this Act or the Agreement is
admissible in evidence in any proceeding and is prima facie evidence of the
matters stated in the certificate.
  (3) A reference in this section to a delegate of the Minister or of the
State Minister is a reference to a person appointed by the Minister or by the
State Minister as the case may be, as the delegate of the Minister or of the
State Minister for the purposes of the Agreement.
  (4) A document purporting to be a certificate given under this section
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.

RAILWAYS (TASMANIA) ACT 1975 - SECT 13 
Australia and Commission to carry out Agreement 
SECT

  13. Australia and the Australian Commission shall perform and observe any
provisions of the Agreement that are required to be performed or observed by
Australia and the Australian Commission, respectively.

RAILWAYS (TASMANIA) ACT 1975 - SECT 14 
Agreement not affected by other Acts 
SECT

  14. The Agreement has effect notwithstanding anything in any other Act, and
nothing in any other Act prevents the carrying out or performance of any of
the provisions of the Agreement.

RAILWAYS (TASMANIA) ACT 1975 - SECT 15 
Capital of Commission 
SECT

  15. Section 55 of the Australian National Railways Act 1917-1975 has effect
as if any land and other property that became vested in the Australian
Commission by virtue of this Act became so vested under section 16 of that
Act.

RAILWAYS (TASMANIA) ACT 1975 - SECT 16 
Appropriation 
SECT

  16. The Consolidated Revenue Fund is appropriated to the extent necessary
for the purpose of the payment to Tasmania of $5,000,000 in accordance with
clause 14 of the Agreement.

RAILWAYS (TASMANIA) ACT 1975 - SECT 17 
Regulations 
SECT

  17. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act or the Agreement.

RAILWAYS (TASMANIA) ACT 1975 - SCHEDULE 
SCH

                                THE SCHEDULE                 Section 3

AN AGREEMENT made the 23 day of May One thousand nine hundred and

seventy-five between THE COMMONWEALTH OF AUSTRALIA (in this agreement

called "Australia") of the one part and THE STATE OF TASMANIA (in this

agreement called "the State") of the other part.

WHEREAS:-

(a) Provision is made by paragraphs (xxxiii) and (xxxiv) of section 51

of the Commonwealth of Australia Constitution for the Parliament of

Australia to make laws with respect to the acquisition, with the consent

of the State, of any railways of the State on terms arranged between

Australia and the State, and for railway construction and extension in

any State with the consent of that State.

(b) The railways of the State are vested in and operated by the

Transport Commission pursuant to the Transport Act 1938 as amended.

(c) Australia and the State desire -

(i) that pursuant to paragraph (xxxiii) of section 51 of the

Constitution the railways shall be acquired by Australia on the first

day of July 1975, with the consent of the State, on the terms contained

in this agreement to the intent that on that date the railways shall

be vested in the Australian National Railways Commission;

(ii) that the Transport Commission shall administer, maintain and

operate the railways in accordance with the provisions of this agreement

until a date to be declared; and

(iii) that the Australian National Railways Commission shall assume full

administration, maintenance and control of the railways on the declared

date.

NOW IT IS HEREBY AGREED as follows:-

                         PART I - PRELIMINARY

                            Interpretation

1. (1) In this agreement, unless the contrary intention appears -

"arbitration" means arbitration pursuant to clause 20;

"Australian National Railways" means the railways of the Australian

Commission;

"clause" means a clause of this agreement;

"commencement date" means the first day of July 1975;

"declared date" means the date to be declared as provided in clause 13;

"interim period" means the period beginning on the commencement date and

ending on the day immediately preceding the declared date;

"interest", in relation to land, means -

(a) a legal or equitable estate or interest in the land; or

(b) a right, power or privilege over, or in connection with, the land;

"land" includes an interest in land;

"land and other property", in relation to the railways and services,

includes all land, railway lines, bridges, culverts, wharves, buildings,

structures, roads, depot and barrack facilities for employees,

facilities for storage, servicing and maintenance of rolling stock,

signalling, road protection and communication facilities, locomotives,

wagons, carriages and other rolling stock and vehicles, including road

and shunting vehicles, cranes, weighbridges, machinery, plant,

equipment, tools and other works, matters and things used, associated,

or connected with or appurtenant to the railways or services or

necessary for the efficient operation and maintenance thereof;

"party" means a party to this agreement and " the parties" means the two

parties to this agreement;

"railways" means the railways operated by the Tasmanian Commission;

"Schedule" means the Schedule to this agreement;

"services" means services (including passenger and freight road

services) that are incidental or supplementary to, or are operated in

association with, the railways;

"the Australian Railways Act" means the Australian National Railways Act

1917-1975;

"the Australian Commission" means the Australian National Railways

Commission, being the body corporate established by the Australian

Railways Act;

"the Australian Shipping Commission" means the body corporate

established by the Australian Shipping Commission Act 1956-1974;

"the Australian Superannuation Fund" means the Fund established under

the Superannuation Act 1922 as amended, or any fund established by any

Act substituted for that Act;

"the Australian Minister" means the Minister who has for the time being

the administration of the Australian Railways Act;

"the Retirement Benefits Fund" means the Fund established under the

Retirement Benefits Act 1970 of the State;

"the State Retirement Benefits Fund Board" means the Retirement Benefits

Fund Board which administers the State Retirement Benefits Fund;

"the State Minister" means the Minister who has for the time being the

administration of the Transport Act;

"the State Superannuation Fund" means the Fund established under the

Superannuation Act 1938 as amended of the State;

"the State Superannuation Board" means the Superannuation Fund Board,

which administers the State Superannuation Fund;

"the Tasmanian Commission" means the Transport Commission, being the

body corporate constituted by the Transport Act; and

"the Transport Act" means the Transport Act 1938 as amended of the

State.

(2) Where in this agreement a Minister is referred to, the reference

shall be deemed to include any other Minister of the Australian

Government or of the State Government, as the case may be, who is for

the time being acting for or on behalf of the relevant Minister.

(3) Where in this agreement an Act, or an Act as amended, is referred

to, the reference shall mean that Act as amended from time to time, or

any Act substituted for that Act, and, where appropriate or necessary,

shall include all regulations, by-laws and proclamations from time to

time made under the Act or the substituted Act, as the case may be.

(4) A reference in this agreement to property other than land shall be

construed as including a reference to -

(a) any interest or right (including a contractual right) or a thing in

action in relation to property other than land; and

(b) cash in hand and in bank.

(5) Headings and marginal notes in this agreement shall not affect its

meaning.

Approving and implementing legislation

2. (1) This agreement, other than this clause, shall have no force or

effect until the Prime Minister of Australia and the Premier of the

State have jointly certified that the Parliament of Australia and the

Parliament of State have enacted such legislation as is necessary to

enable this agreement to enter into force, whether or not that

legislation has come into operation.

(2) The parties will take all practicable steps to seek the enactment,

as soon as possible, of legislation as follows:

(a) legislation by the Parliament of Australia and the Parliament of the

State to approve this agreement and to make such provision as shall be

necessary or appropriate on the parts of those Parliaments respectively

for the implementation of this agreement including legislation -

(i) vesting in the Australian Commission on the commencement date land

and other property to which the Australian Commission is entitled under

this agreement;

(ii) authorizing and requiring Australia, the State and their respective

Authorities and Instrumentalities to perform and observe the provisions

of this agreement on their part to be performed and observed;

(iii) providing to the effect that a joint certificate given by the

Australian Minister and the State Minister, or their respective

delegates, that the right, title and interest of the State or the

Tasmanian Commission in the land referred to in the certificate vested

in the Australian Commission under legislation enacted pursuant to this

agreement is conclusive evidence that such right, title and interest so

vested;

(iv) providing to the effect that a joint certificate by the Australian

Minister and the State Minister, or their respective delegates, given in

relation to any matters not referred to in sub-paragraph (iii) arising

under the legislation or this agreement, is admissible in evidence in

any action or proceeding and shall be prima facie evidence of the

matters stated in the certificate for the purposes of such an action or

proceeding; and

(v) authorizing the making of regulations or by-laws that are necessary

or convenient for carrying out or giving effect to this agreement and to

the legislation for the implementation of this agreement;

(b) legislation by the Parliament of the State to the effect that the

laws of the State that, but for this agreement, would have applied at

any time during interim period to and in relation to the administration,

maintenance and operation of the railways or services have the effect,

and shall be deemed to be expressed to have the effect, in relation to

the administration, maintenance and operation of those railways or

services that they would have if this agreement had not been made;

(c) legislation by the Parliament of Australia to the effect that -

(i) to the extent that the laws of the State referred to in paragraph

(b) of this sub-clause, as purporting to have the effect referred to in

that paragraph by virtue of legislation of the State enacted in

accordance with that paragraph, cannot, by reason of section 52 of the

Constitution, have that effect as laws of the State, the provisions of

those laws shall have that effect by virtue of, and in accordance with,

the Commonwealth Places (Application of Laws) Act 1970 as amended of the

Parliament of Australia;

(ii) it is the intention of the Parliament of Australia that nothing

contained in a law of Australia shall prevent any law of the State from

having effect, as a law of the State, as referred to in paragraph (b) of

this sub-clause; and

(iii) paragraph (a) of sub-section (2) of section 4 of the Commonwealth

Places (Application of Laws) Act 1970 as amended does not apply in

relation to the application of laws of the State in accordance with

sub-paragraph (i) of this paragraph;

(d) legislation by the Parliament of the State discharging the State and

the Tasmanian Commission on and after the declared date from all

liabilities and obligations incurred in connection with the

administration, maintenance and operation of the railways and services

before the declared date to the extent that those liabilities and

obligations have not been discharged before that date;

(e) legislation by the Parliament of Australia making the Australian

Commission subject on and after the declared date to all the liabilities

and obligations to which paragraph (d) of this sub-clause relates, and

requiring the substitution of the Australian Commission for the State or

the Tasmanian Commission in any action or proceeding pending at the

declared date in respect of such liabilities or obligations;

(f) legislation by the Parliament of Australia and the Parliament of the

State under which an action or proceeding in respect of land or other

property that vests in the Australian Commission pursuant to this

agreement shall be instituted or continued during the interim period by

or against the State or the Tasmanian Commission as if that land or

other property had not so vested, and that after that period any such

action or proceeding that is not completed shall be continued by or

against the Australian Commission;

(g) legislation by the Parliament of the State giving the Australian

Commission a general power to administer, maintain and operate in the

State railways constructed or acquired by Australia or the Australian

Commission and any services that are incidental, or supplementary to, or

are operated in association with, such railways;

(h) legislation by the Parliament of the State giving a general consent

to the construction and extension of railways by Australia and the

Australian Commission in the State; and

(j) legislation by the Parliament of the State referring to the

Parliament of Australia the matter of the administration, maintenance

and operation in the State of the railways and services vested in the

Australian Commission pursuant to this agreement, of any railways

constructed or extended in the State by Australia or the Australian

Commission and of any services incidental or supplementary to, or

associated with, those last mentioned railways.

Compliance with agreement

3. Each party, so far as its power extends, will provide for and secure

compliance with this agreement in accordance with the legislation by

which it is approved and is to be implemented.

       PART II - TRANSFER AND INTERIM ADMINISTRATION, MAINTENANCE

                         AND OPERATION OF RAILWAYS

Assets

4. (1) In consideration of the financial arrangements between the

parties contained in this agreement, subject to sub-clauses (2) and (3)

of this clause, the Australian Commission shall, on the commencement

date, be entitled to the right, title and interest of the Crown in right

of the State and of the Tasmanian Commission in all land and other

property used or held for use or intended or reserved for the purposes

of the railways and services and, in the case of land (not being an

interest in land in which an estate in fee simple or a Crown Lease is

held by a person other than the Crown or the Tasmanian Commission),

without reservation of minerals to the Crown in right of the State and

unlimited as to depth;

(2) The property to which the Australian Commission is entitled under

sub-clause (1) of this clause shall not include -

(a) land consisting of -

(i) roads within the meaning of the Roads and Jetties Act 1935 as

amended of the State; and

(ii) roads over which there is, otherwise than as provided in

sub-paragraph (i), a public right of way,

but not so as to prevent the exercise by the Australian Commission over

such roads of any rights, powers or privileges that the Australian

Commission has under the Australian Railways Act;

(b) land and cottages thereon vested in the Tasmanian Commission which

are separated from a line of railway by land which is not vested in the

Tasmanian Commission;

(c) cottages and the curtilages thereof forming part of other land

vested in the Tasmanian Commission which have been sold; and

(d) the plant, equipment and materials in the Launceston Precision Tool

Annexe building referred to in clause 19.

(3) (a) Subject to this sub-clause, the Hydro-Electric Commission of the

State may, subject to the duties at the date of this agreement similar

to those specified in Section 46 of the Hydro-Electric Commission Act

1944 as amended, in relation to land vested in the Australian Commission

pursuant to this agreement, maintain, repair and use works constructed

or erected by the Hydro-Electric Commission before the date of this

agreement for the purpose of generating, transmitting or distributing

electrical energy.

(b) Nothing in this sub-clause shall entitle the Hydro-Electric

Commission to break up, excavate and open up the surface or substratum

of any part of a railway without the consent of the Australian

Commission.

(c) Subject to the consent of the Australian Commission, the

Hydro-Electric Commission may extend existing works or carry out further

works on, under, or above a railway for the purpose of generating,

transmitting, or distributing electrical energy, and if consent is

withheld the matter may be referred to arbitration.

(d) Any work done by the Hydro-Electric Commission pursuant to this

clause shall be executed under the supervision of the Australian

Commission and in accordance with all reasonable requests and directions

of the Australian Commission.

Interim administration, maintenance and operation of railways and

services

5. (1) Subject to this agreement the Tasmanian Commission will, during

the interim period continue to administer, maintain and operate the

railways and services, but in so doing will comply with any directions

of the Australian Commission, including directions relating to the

services to be provided and fares and freight rates to be charged.

(2) During the interim period the Tasmanian Commission will not -

(a) deal with any land or other property to be vested in the Australian

Commission pursuant to this agreement; or

(b) acquire additional land or other property for the purpose of the

railways or services,

except as agent for the Australian Commission and

after receiving prior general or specific directions or consent in

writing regarding the matter from the Australian Commission.

Consultation regarding operation of railways

6. When so requested by the State, the Australian Minister or his

delegate will consult with the State on matters regarding the operation

of the existing and new railways within the State which the State

considers to be of concern to the State.

Rates and charges

7. (1) Subject to the provisions of this clause, the Australian

Commission will, if so requested by the State, continue to grant the

concessional rates and concessional charges granted by the Tasmanian

Commission in respect of the railways at the date of this agreement.

(2) The State will, both during and after the interim period, maintain

its proportion of any costs existing at the date of this agreement as a

contribution to such concessional rates and charges as it contributed to

before the date of this agreement.

Disputes regarding cessation of services or concessions

8. If after consultation between the Australian Commission and the State

there is a dispute regarding cessation of any railway service, or

payments to be made for concessions which are granted by the Tasmanian

Commission at the date of this agreement and are to be continued by the

Australian Commission pursuant to this agreement, the matter shall be

determined by arbitration.

State representation on the Australian Commission and the Shipping

Commission

9. The State shall be entitled to nominate -

(a) a representative to be appointed as a part-time Commissioner of the

Australian Commission for an initial term of five years, subject to the

provisions of the Australian Railways Act; and

(b) a representative to be appointed as a part-time Commissioner of the

Australian Shipping Commission for one term of five years subject to the

provisions of the Australian Shipping Commission Act 1956-1974,

and subject, in each case, to the acceptance of the nominee by the

Australian Minister.

Additional provisions regarding land and minerals

10. (1) The State will, without cost to the State and free of

compensation, grant to Australia or the Australian Commission an estate

in fee simple, without reservation of minerals and unlimited as to

depth, in any Crown land that is certified by the Australian Minister or

his delegate to be required for or in connection with the construction,

extension, administration, maintenance or operation of any new or

existing railways of Australia or the Australian Commission, including

any leased lands of the Crown which have become Crown land by

virtue of -

(a) the surrender by the lessees of their estates in the land to the

Crown; or

(b) the surrender of those estates to the Crown after they have been

acquired by Australia or the Australian Commission.

(2) The State will, also without cost to the State and free of

compensation, grant to Australia or the Australian Commission the right

to take any stone, soil, and gravel in or on any Crown land or lands

leased by the Crown from which the State has a right to take the same,

that are certified by the Australian Minister or his delegate to be

required for or in connection with the construction, extension,

maintenance or operation of any new or existing railways of Australia or

the Australian Commission.

(3) For the purposes of this clause "Crown land" has the same meaning

as in the Crown Lands Act 1935 as amended of the State.

(4) Australia or the Australian Commission will arrange for such surveys

as either of them consider necessary in respect of land comprised in the

railways, and the Tasmanian Commission will give reasonable assistance

in the carrying out of the surveys.

(5) Australia or the Australian Commission will give to the State the

right of first refusal in respect of any land to be vested in the

Australian Commission pursuant to this agreement and no longer required

for the purposes of Australia, the Australian Commission, or any other

Authority or Instrumentality of Australia, on such terms and conditions

as shall be agreed between the parties, and having regard to the basis

on which the relevant land was vested in the Australian Commission.

Taxes regarding services

11. Australia or the Australian Commission shall not be liable to pay to

the State any fees, taxes or other charges in connection with the

operation of services.

                         PART III - EMPLOYEES

Transfer of employees

12. (1) The Tasmanian Commission will as soon as practicable, in

consultation with Australia and the Australian Commission, identify

those positions the occupants of which are, at the date of this

agreement, engaged in the administration, maintenance or operation of

the railways and services, and on the declared date all relevant

employees will be transferred to the employment of the Australian

Commission.

(2) Where an employee is engaged in work in respect of the railways and

services provided by the Tasmanian Commission, other than those to which

the Australian Commission shall be entitled under this agreement, his

future employment shall be determined by agreement between him, the

Tasmanian Commission, Australia and the Australian Commission.

Declared date

13. When action has been completed pursuant to clause 12 the Australian

Minister will, in consultation with the State Minister, declare in the

Australian Government Gazette the date on which all relevant employees

of the Tasmanian Commission shall be transferred to the Australian

Commission, being the date on which the Australian Commission shall

assume full administration, maintenance and operation of the railways

and services.

                  PART IV - FINANCIAL ARRANGEMENTS

Payment

14. Australia will pay to the State the sum of Five million dollars

($5,000,000) before the commencement date subject to this agreement

coming into force.

Debts and Liabilities

15. On the commencement date -

(a) the debts specified in the Schedule shall be taken over from the

State by Australia to the intent and effect that -

(i) on and from that date the State shall be completely freed and

discharged from all liability whether in respect of principal, interest,

sinking fund contribution or otherwise, which liability shall,

as between Australia and the State and for all other purposes, be

assumed by Australia; and

(ii) this provision shall not affect the obligations of the State in

relation to the payment of sinking fund contributions in the year ending

on the thirtieth day of June 1976 under the Financial Agreement between

Australia and the States;

(b) the State shall be completely freed and discharged from all

liability under clauses 9 and 11 of an Agreement dated the fifth day of

October 1971 between the parties contained in the Schedule to the

Railway Agreement (Tasmania) Act 1971; and

(c) the Australian Commission will accept financial responsibility for

all liabilities other than the liabilities referred to in paragraphs (a)

and (b) of this clause incurred before the commencement date and not

then satisfied by the Tasmanian Commission in relation to the railways

and services.

Revenue from, and costs of operation of, railways and services

16. Subject to the provisions of this clause, during the

interim period -

(a) the State shall be entitled to receive the revenue from the

operation of the railways and services and will bear the costs of the

administration, maintenance and operation of the railways and services,

excluding from those costs the charges relating to the debts in respect

of which the State will be freed and discharged as a result of the

take-over by Australia of the debt referred to in paragraph (a) of

clause 15;

(b) the Australian Commission shall be entitled to receive any surplus

of revenue over the costs ascertained in accordance with paragraph (a)

of this sub-clause and will bear any excess of those costs over revenue;

(c) payments made by the Tasmanian Commission in respect of annual

leave, long service leave (permanent employees), long service leave

(casual employees), sick leave, retirement and death gratuities,

worker's compensation and the employer contributions towards the State

Superannuation Fund and the Retirement Benefits Fund (including any such

amounts payable on or before the thirtieth day of June 1975 and which

have not been paid by that date), shall continue to be charged as

current expenditure and shall be taken into account for the purpose of

ascertaining the cost of administration, maintenance and operation of

the railways and services.

Transfer of investments to Australian Superannuation Fund

17. The State will, in respect of contributions to the State

Superannuation Fund and the Retirement Benefits Fund made by employees

to be transferred to the Australian Commission pursuant to this

agreement, transfer appropriate investments to the Australian

Superannuation Fund to be agreed between the parties, the Superannuation

Board of Australia, or any substituted body, the State Superannuation

Board and the State Retirement Benefits Fund Board in accordance with

the following principles:

(a) the investments transferred shall be related to an equitable

division of the total investments of the State Superannuation Fund and

the Retirement Benefits Fund; and

(b) the transfer of investments shall not operate to disadvantage the

employees to be transferred or the contributors to the Australian

Superannuation Fund.

Accounts, information etc.

18. (1) As soon as practicable after the commencement date the

Tasmanian Commission will prepare a statement of such of the assets and

liabilities of the Tasmanian Commission in relation to the railways and

services as exist at that date and can be ascertained.

(2) The Tasmanian Commission will, during the interim period, keep such

financial and other records regarding the administration, maintenance

and operation of the railways and services and submit such statements of

accounts audited by the State Auditor-General as the Australian Minister

or his delegate shall reasonably require.

(3) The Auditor-General may at his discretion submit reports on the

audit referred to in sub-clause (2) of this clause stating whether any

financial statements of the Tasmanian Commission in respect of the

interim period are based on proper accounts and records and are in

agreement with those accounts and records, and he may include in the

reports reference to such other matters arising out of the audits and

financial statements as he considers should be reported to Australia.

(4) The Tasmanian Commission will, during and after the interim period,

permit access by Australia or the Australian Commission, or give or

deliver to Australia or the Australian Commission, such financial and

other reports, estimates, accounts and other records, documents and

information regarding the administration, maintenance and operation of

the railways and services, when and in such manner as Australia or the

Australian Commission shall reasonably require.

              PART V - LAUNCESTON PRECISION TOOL ANNEXE

Removal of plant, equipment and materials

19. (1) The State will move the plant, equipment and materials from the

Precision Tool Annexe building at Launceston operated by the Tasmanian

Commission within ten years from the commencement date, or within such

extended period as may be agreed between the parties.

(2) Until the plant, equipment and materials are so moved, the Tasmanian

Commission shall be entitled to occupy and have access to the Annexe

building upon such terms and conditions as shall be agreed between the

Australian Commission and the Tasmanian Commission, including a

provision that the Tasmanian Commission shall be responsible for the

upkeep and maintenance of the building during such occupation.

                        PART VI - MISCELLANEOUS

Arbitration

20. (1) Where a reference to arbitration is provided for in this

agreement the matter under reference shall be determined, as soon as

practicable, by an independent arbitrator acceptable to Australia and

the State.

(2) The arbitrator shall not perform his functions as an arbitrator

under any law relating to arbitration, but shall act as an independent

expert or adjudicator.

                               SCHEDULE                       Clause 15

                DEBTS TO BE TAKEN OVER BY AUSTRALIA

Interest Rate  Maturity date  Amounts of Debt (In Thousands of Dollars)

5.00%          April 1976     6,000

5.00%          October 1976  14,000

5.00%          July 1977      2,000

5.80%          May 1979       1,000

5.80%          November 1981  8,000

5.00%          October 1984   3,000

5.25%          July 1989      8,000

8.50%          October 1993   8,832

6.00%          July 2005     12,500

TOTAL                        63,332

This total shall be reduced -

(a) by a sum to be agreed between the Australian Treasurer and the

State Treasurer as representing the portion of the debts in this

Schedule which is in respect of the land and cottages thereon and the

cottages and curtilages thereof referred to in paragraphs (b) and (c) of

sub-clause (2) of clause 4; and

(b) in such a manner as not to alter the average of the rates of

interest specified in this Schedule.

IN WITNESS WHEREOF this agreement has been executed on behalf of the

parties respectively as at the day and year first above written.

SIGNED by the Honourable EDWARD

GOUGH WHITLAM, Prime Minister of

Australia,                                 in the presence of:

E.G. WHITLAM                               P. WARN

SIGNED by the Honourable WILLIAM

ARTHUR NEILSON, Premier of Tasmania,       in the presence of:

W.A. NEILSON                               JOHN DRISCOLL

                                           Crown Solicitor, Hobart