State Tileworks Act 1947 (NSW)

206                  State Tileworks Act.

STATE TILEWORKS ACT.

Act No. 29, 1947.

FGeorge VI. All Act to provide for the establishment, manage-

0 . 2 9̂47. ment and control of State Tileworks and the acquisition of lands for that purpose; to define the functions of the State Tileworks; to make provision for and in relation to the keeping of certain accounts in the Special Deposits Account in the Treasury for the purposes of the State Tileworks; and for purposes connected therewith. [Assented to, 9th December, 1947.]

T )E it enacted by the King’s Most Excellent Majesty,

I # by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of Xew South Wales in Parliament assembled, and by the authority of the same, as follows ;—-

• PAET I.

P r e l im in a r y .

Short	1. (1) This Act may be cited as the “ State Tileworks.
title and

division	Act, 1947.”
into

Parts. (2) This Act is divided into Parts as follows:—

PAET I.—P r e l im in a r y — s. 1.

PAET	II.— A d m in is t r a t io n — ss.	2,	3.
PAET	III.— F in a n c e — ss. 4-7.

PAET IV.-—G e n e r a l — ss. 8-11.

PAET II.

A d m in is t r a t io n .

Pstahlish- The Minister may establish, manage, control and

n;cnt of	maintain State Tileworks. The functions of the State
Tileworks.	Tilcworks shall include the production and manufacture
cf. ActNo.	of all classes of tiles from any material whatsoever and
10, 1946,

S. 2 . th&

state Tileworks Act. 207

the distribution and sale of such tiles and the production,	29, 1947.
manufacture, distribution and sale of any other building .materials and builders’ requisites manufactured or pre­ pared either wholly or in part of or from clay or shale and shall also include any work or activity which is inci­ dental or supplementary to the performance of any of liuch functions.

3. (1) The Governor may, under and subject to the Officers.nnd en'.ployot'S.

provisions of the Public Service Act, 1902, as amended	cf. Act No.
by subsequent Acts, appoint and employ such officers and	19,1943,

■employees as may be necessary for the purposes of this G

Act No. 16,

Act.	1946, s. 3.
(2) The officers and employees so appointed or •employed shall be subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts, during their tenure of office or employment.
(3) The Minister may appoint, employ and dis­ miss such casual employees as are deemed necessary for the purposes of this Act and may fix wages and con- -ditions of employment of such casual employees where -■such wages and conditions are not fixed in accordance with the provisions of any other Act.
The appointment of casual employees under this sub- <section shall not be subject to the provisions of the Public •Service Act, 1902, or any Act amending that Act, and a casual employee so appointed or employed shall not be subject to the provisions of any such Act during the period of his employment.
(4) For the purposes of this Act the Minister may, with the approval of the l\Iinister for the time being .administering the department concerned, and on such terms as may be arranged, make use of the services of any of the officers or employees of any Government department.

PART

208                   State Tileworks Act.

No. 2^1947 .	PART III.
P lN .-lN C E .

Capital	4. (1) The capital cost of the State Tileworks shall
cost.

cf. Act No.	be such amount as the Governor by proclamation pub­
16, 1945,	lished in the Gazette declares to be the capital cost. Such
Act No. 16,
s. 11,	proclamation shall be published as soon as practicable
1946, s. 4.	after the establishment of the State Tileworks.

(2) The Minister shall, as soon as practicable after

the thirty-first day of Marcli immediately following the declaration of the capital cost pursuant to subsection one of this section, determine the amount by which the capital cost shall be increased or decreased by reason of expenditure or receipts during the period commencing on the date as at which the capital cost was declared and ending on the said thirty-first day of March. There­ after the Minister shall as soon as practicable after the thirty-first day of March in each succeeding year, deter­ mine the amount by which the capital cost shall be increased or decreased by reason of expenditure or receipts during the period of twelve months immediately preceding.

The Minister shall notify in the Gazette the amount of such increase or decrease. Upon publication of such notification, the capital cost shall be deerped to be altered accordingly, and such alteration shall take effect from the date specified in the notification.

Working

Account, 5. (1) An account shall be kept in the Special

cf. Act No.	Deposits Account in the Treasury to be called the
16, 1945,	“ State Tileworks Working Account,” in this Act
Act No. 19,
s. 12,	referred to as the “ Working Account.”
1943, s. 8,
Act No. 16,	(2) (a) There shall be credited to the Working Account all revenue, earnings and moneys received from all sources in the course of the conduct of the State Tileworks and such amounts as may from time to time be appropriated by Parliament for the purpose.
1946, s. 5.
(b) There shall be debited to the Working- Account the following charges, in the order set out here­ under :—

Firstly, all costs and expenses whatsoever of and

incidental to the administration, management and

conduct

state Tileworks Act. 209

conduct of the State Tileworks and also the costs

^>̂ 947.

of repair and minor renewal of buildings, plant and

equipment.

Secondly, interest on the capital cost declared pur­ suant to section four of this Act for any year ending on the thirty-first day of March at a rate or rates to be determined by the Colonial Treasurer, but not exceeding the average rate payable during such year by the Government for loan moneys, and exchange at a rate or rates to be determined by the Colonial Treasurer, the amount of which interest and exchange shall be credited to the Consolidated Eevenue Fund.

Thirdly, contributions to the Depreciation Deserve Account.

Fourthly, such contributions (if any) to a sinking fund as the Colonial Treasurer may direct.

(c) Any balance shall be applied in reduction of the capital cost or otherwise for any purpose con­ nected with the administration, management, extension or conduct of the State Tileworks as the Minister may direct.

The Minister shall notify in the Gazette the amount of any such reduction in the capital cost. Upon publica­ tion of such notification, the capital cost shall be deemed to be altered accordingly and such alteration shall take effect as from the date specified in the notification.

(>. (1) An account shall be kept in the Special pepreda-

Deposits Account in the Treasury to bo called the ijeaerye “ State Tileworks Depreciation Reserve Account,” in Account, this Act referred to as the “ Depreciation Reserve J

Account.” - - s \ '

_ _ _ ActNo.

(2) Contributions to the Depreciation Reserve 16.1946,

Account shall be credited to that account as soon as practicable after the thirty-first day of March, one thousand nine hundred and forty-eight, and after the same day in each succeeding year. Each such contribu­ tion shall 1)0 calculated as proscribed and shall be so calculated by reference to the total amount expended or

applied

210                   State Tileworks Act.

iNo. 29, 1947. applied on or before the tliirty-first day of March n e x t

preceding upon the capital assets of the State Tileworks after deducting therefrom the value of capital assets which have been disposed of.

(3) The Working Account shall be credited half yearly with interest on the uninvested daily credit balance of the Depreciation Reserve Account at such rate as the Colonial Treasurer may from time to time direct.

(4) The Minister may invest the whole or part of the balance at credit of the Depreciation Reserve Account in Commonwealth Government securities or on fixed deposit with the Colonial Treasurer and interest accruing from such investments or such deposit shall be regnlarly added to the Working Account.

(5) The Depreciation Reserve Account shall be drawn upon only for purposes of investment or reinvestment or for renewing or replacing capital assets of the State Tileworks;

Provided that the Minister may, with the approval of the Colonial Treasurer and subject to such conditions of repayment as the Colonial Treasurer may direct, autho­ rise the expenditure of any balance at credit of the Depreciation Reserve Account (including any amounts invested or deposited pursuant to subsection four of this section) towards extending the State Tileworks or the trade or business thereof.

(6) If the Minister considers the amount at credit of the Working Account insufficient to meet the contribu­ tion referred to in subsection two of this section having regard to the charges referred to in subsection two of section five of this Act, such contribution or portion thereof may be allowed to remain a charge on the Working Account.

7.       When in any year ending on the thirty-first day of

Payments

March, the revenue, earnings and moneys received from

ty Colonial

Treasurer,	all sources in the course of the conduct of the State
cf. Act No.	Tileworks are insufficient to meet the charges referred
19, 1943,
s. 10,	to in subsection two of section five of this Act, the
Act No. 16,	Colonial Treasurer may, out of moneys provided by
Act No. 16,
1945, s. 14,	Parliament, pay to the Working Account the amount of
such deficiency. Any
1940, s. 7.

state Tileworks Act. 211

Any moneys so paid to the "Working Account shall, after payment of the charges referred to in subsection t̂ vo of section five of this Act, be repaid to the Colonial Treasurer out of any balance remaining in the Working Account with interest at such rate (but not exceeding four per centum per annum) and at such times and by such instalments as the Colonial Treasurer may determine. 2^947.

PAET IV.

G e n e r a l .

8 .       (1) For the purposes of this Act, the Governor Acquisition:

may, under the Public Works Act, 1912, as amended by ‘’fiand.

subsequent Acts, resume or appropriate any land and ('g ^943̂ °’

the Minister majq under the said Act as so amended, s ii, ’

purchase any land. iVlê s” 8

(2) For the purposes of the Public Works Act, 1912,

as amended by subsequent Acts, any such resumption, appropriation or purchase shall he deemed to be for an authorised work, and tlie klinister shall be deemed to be the constructing authority:

Provided that sections thirty-four, thirty-five, thirty- six and thirty-seven of the Public Works Act, 1912, as amended by subsequent Acts, shall not apply to any such resumption, appropriation or purchase, but section thirty-eight of such Act shall, mutatis mutandis, apply to and in respect of any contracts relating to any such resumption, appropriation or purchase.

(3) Where any land upon which are situated auy tileworks is resumed pursuant to this section, any plant, equipment or machinery in or upon such land at the date of such resumption used or capable of being used in the production or manufacture of tiles shall vest in the constructing authority.

The

212                   State Tileworks Act.

Ko. 29, 1947.	The compensation payable in respect of any resump­ tion pursuant to this section shall include the value, as at the date of resumption, of plant, equipment and machinery vested in the constructing authority pursuant to this section and of the goodwill (if any) of any tile­ works on the land so resumed. Such value shall be the value agreed upon between the constructing authority and the owner and in default of agreement, the value as determined by the Land and Valuation Court.
The Land and Valuation Court shall have jurisdiction to hear and determine any matter under this subsection. The determination of the Land and Valuation Court shall he final and conclusive.
;&.nnvial

report, 9. The officer in charge of the State Tileworks shall

cf. Act No.	furnish to the Minister as soon as practicable after the
19, 1943,	thirty-first day of March in each year, a full and particu­
Act No.

6. 12 , lar report in writing on the operations and activities of

16,1946,	the State Tileworks.
6. 9.

'Accounts	10. (1) The officer in charge of the State Tileworks
and audit.

cf. Act No.	shall cause to be kept proper books of account in rela­
19,1943,	tion to the State Tileworks and as soon as practicable
e. 13,
Act No. 16,	but not later than the thirtieth day of June in each year
1946, s. 10.	shall prepare and submit to the Auditor-General state­ ments of account and balance sheet setting forth a true statement of the financial position and transactions of the State Tileworks for the immediately preceding period of twelve months.
Such statements of account and balance sheet shall he in a form approved by the Auditor-General.
The Auditor-General shall examine and audit the said statements of account and balance sheet and if found to be correct he shall so certify and sign the said state­ ments of account and balance sheet.
After such examination and audit the officer in charge of the State Tileworks shall forthwith transmit the said statements of account and balance sheet to the Minister and such audited statements of account and balance sheet shall, as soon as practicable, be laid before both Houses of Parliament.

( 2)

state Tileworks Act. 213

(2) Tlie Auditor-General shall have in respect of such audit all the powers conferred on the Auditor- General by any law now or hereafter to be in force relating' to the audit of public accounts; and the Audit Act, 1902, and the Acts amending the same, shall apply to the officers and employees of the State Tileworks in the same manner as it applies to accounting officers of public departments. 2̂ 947.

11.       (1) The Governor may make regulations not in- Epguia-

consistent with this Act prescribing all matters which

by this Act are required or iiermitted to be prescribed i94(i, a. n.’

or which are necessary or convenient to be prescribed

for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of subsection one of this section, the Governor may make regulations in respect of the following m atters:—

(a)	The division of the capital assets of the State Tileworks into classifications for the purpose of calculating contributions to the Depreciation Reserve Account.
(b)	The determination of the amount expended or applied upon the capital assets of the State Tileworks contained in each classification as at the thirty-first day of March, one thousand nine hundred and forty-eight, or at any time thereafter.
(c)	The rate at which contributions to the Deprecia­ tion Reserve Account shall be calculated for each classification.

(3) The Regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of such publication or from a later date to be specified in the regulations; and
(c)	be laid before both Houses of Parliament with­ in fourteen sitting days after the puldication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

( 4)

214                  Legal Assistance (Amendment) Act.

Mo. 29, 1947. (4 ) I f either House of Parliament passes a

resolution of wliieh notice has heen given at any time within fifteen silting days after sueh regulations have heen laid before such House disallowing any regulation or part thereof, such regailation or part shall thereupon cease to have effect.