State Transport (Co-ordination) Act 1931 (NSW)
224 State Transport (Co-ordination) Act.
STATE TRANSPORT
(CO-ORDINATION) ACT.
Act No. 32, 19.31.
| George V, | An Act to provide for the improvement and for the co-ordination of means of and facilities for locomotion and transport; to constitute a Board of Commissioners for that purpose; to amend the Government Railways Acts, 1912-1930, and certain other Acts; and for purposes connected therewith. [Assented |
| ■ | —i- | ■ |
|
it enacted by the King’s Most Excellent Majesty,
by and with the advice and consent of the Legis lative Council and Legislative Assembly of Kew .Soutli Wales in Parliament assembled, and l)v tlu' authority of the same, as follows :—
I )
| Short title. | 1. This Act may he cited as the “ State Transport |
(Co-ordination) Act, 1931.”
| Ccmmencc. | 2. This Acf, save where otherwise expressly pro |
| iiont. | vided, shall commence on a day appointed liy tlio Governor and notified by proclamation published in the Gazette. |
| Ictcunetii- | 3. (1) In this Act, unless the context or subject- |
| tioii. | matter otherwise indicates or requires,— |
| “ Agent | includes any person who enters into an |
arrangement on behalf of another or who hckls himself out as open to make or procure such an arrangement cr who in any way invites or accepts an offer on belialf of anotlier.
“ Board” means tl>e State Transport (Co-ordination)
Board appointed under this Act.
‘‘ Chief Coiufuissioncr” means the chief State Transport (Co-ordination) Commissioner ap- piointed under tliis Act.
“ Commissioner ”
| state Transport (Co-ordination) Act. | 225 |
No. 32, 1931.
Commissioner” means a State Transport (Co ordination) Commissioner appointed under this Act.
Commissioner of I’oad Transport” means tlu; Commissioner of Koad Transport appointed under the Transport Act, 1‘JtlO.
l)river” means any person driving or any person
engaged or employed to drive.
Goods” includes livestock and commodities.
'L icense” means a license granted under this Act.
' Licensed ” means lieensed under this Act.
CMaiu Loads Hoard” means the Main Hoads
Hoard of Xew South Wales.
| ■ | Management Hoard ” means the Management Hoard appointed under the Transport Act, 1930. |
| Motor vehicle” means any vehicle nhatsoevei- projielled by mechanical means and includes a tractor or trailer and also includes aircraft, bur, does not include a vehicle used on a railway or tramway. | |
| ' OlTieer ” means any officer, clerk, servant, or other person employed or appointed by the board, and includes a member of the jioliee force or any otlier person acting in pursuance of powers or duties conferred upon him by or under tin's Act, and also includes any person utilized by the hoard pursuant to section eleven or any other provision of this Act. | |
| ' Operate ” means carry or offer to carry passengers or goods for hire or for any consideration or in the course of any trade or Inisincss wiiatsocver. Owner ” when used with reference to a motor vehicle or a public motor vehicle includes every person -who is the owner, joint owner, or part owner of the vehicle, and any person wiio has the use of the veliicle under a liire-purchase or a hiring agreement, hut shall not include |
the lessor under any such agreement.
' Hrcscrihcd ” means prescribed by this Act or the
regulations.
Hublic
226 State Transport (Co-ordination) Act.
| >0. 32, 1931. |
“ Public motor A êliiclc ” means a motor vehicle (as
hereinbefore defined)—
(i) used or let or intended to be used or let for the conveyance of passengers or of goods for hire or for any consideration or in the course of any trade or business what soever, or
(ii) plying or tras-elling or standing in a public street for or in biro or in the course of any trade or business whatsoever.
| . | “ Public Service ” means the service under the Crown regulated by or under tlie provisions of the Public Service Act, 1902, as amended by subsequent Acts. |
“ Public street” means any street, road, lane, thoroughfare, bridge, footpath, or place open to or used by the public on the payment of money or otherwise.
| . |
“ Eailway Commissioners ” means the Pailway
Commissioners for New South Wales
“ Peceiving depot” means any place where any
goods are received for carriage or conveyance.
“ Pegulations ” means regulations made under tliis
Act.
“ Secretary ” includes a person acting as secretary
of the board for the time being.
“ Store ” includes any structiu’c in which goods are
stored or kept.
‘‘ Tliis Act ” includes the regulations made under
this Act.
“ Transport Trust” means any trust constituted
under the Transport Act, 1930.
| (2) | This Act shall be read and construed so as |
not to exceed the legislative power of the State to the intent that where any enactment tlicreof would, but for this subsection, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.
| 8latc | 4. | (1) Por the purposes of the improvement and |
| Traosport |
| (Co-ordina | co-ordination of the means of and facilities for locomo |
| tion) | tion and transport, the Governor may appoint a board of four commissioners which shall, subject to the control of |
the
| state Transport (Co-ordination) Act. | 227 |
the Minister, carry into etfect tlic objects and purposes of this Act and liavc and discharge the duties, powers, and functions therehy eonferred and imposed on the hoard.
(2) One of such commissioners shall be appointed. Chief Commissioner, and all or any of the other com missioners may, under tlicir appointment, he required to give tlieir or Ids Avhole time to the duties of their or his ofTice or may he hound to he engaged in the office for jiart time only or for limited duties or functions.
(d) Subject to this Act a commissioner shall hold offiiec for the term for which he is appointed ; such term shall not exceed two years upon one appointment, hut any commissioner appoijited shall he eligible for reappointment for a furtlier term not exceeding two years.
(4) d he (lovernor may terminate the office of a commissioner at any time after the enactment of any law which vests the duties of the Eailway Commis sioners, the transport trusts, and the IMain Eoads Board in one corporate body.
(5) 'the salaries, fees, and allon anecs of the com missioners shall he fixed by the Covernor and shall not he altered durine: their term of offiice, hut shall he subject to any deduction provided by thePuhlicService (Salaries llediietion) Act, 1930, or any Act substituted for or amending that Act. Such salaries, fees, and allowances shall he payable out of the State Transport
| (Co-ord i nat ion ) | an d. |
(G) The provisions of the Ihihlic Service Act, 1902, shall not apply to the appointment of the com missioners.
(7) The hoard sliall he a body corporate, with Body
jierpctual succession and a common seal, and may sue and be sued in its corporate name; and shall, for the ])urposcs and subject to the ])rovisions of this Act, he capable of juirchasing, holding, granting, demising, disposing of, or otherwise dealing with real and personal property, and of doing and sufTcring all such other acts and things as bodies corporate may by law do and sutler. The corporate name of the hoard shall he “ The State Transport (Co-ordination) Board.”
( 8)
223 State Transport (Co-ordination) Act.
| No. 32, 1931. |
(8) In case of the illness, suspension, or absence
Appointment of tlic Chief Coiiimissioner or any other commissioner,
a deputy may be appointed by the Governor to act for such commissioner during his illness, suspension, or absence ; and every such deputy shall, during the time he acts as deputy, have all the powers and authority of such commissioner.
(9) On the occurrence of any vacancy in the office of a commissioner, the Governor shall appoint a person to the vacant office, whose term of office shall be for his predecessor’s unexpired term of office.
| cf. Public- | (10) A commissioner may be suspended or re | |
| Service Act, | fgp misbchavioiu' or incompetence, as follows :— | |
| 190-2, s. 8. | ||
|
| ' | actually sitting, Avithin seven days after the commencement of the next session or sitting; |
| (b) | a commissioner suspended under this section shall be restored to office unless each House of Parliament Avitbin twenty-one days from the time when such statement has been laid before it declares by resolution that the said commis- |
| ■ | sioner ought to be removed from office, and if each House of Parliament Avitbin tbe said time does so declare, the said commissioner shall be removed 1)a' the Governor accordinglv. |
(11) A commissioner shall be deemed to have
A'acated his office if he—
| (a) | engages in New South Wales during his term of office in any paid employment outside the duties of his office, except Avith the approval of the Governor ; |
| (b) | becomes bankrupt, compounds Avith his creditors, or makes an assignment of his salary for their benefit; |
(c )
| state Transport (Co-ordination) Act. | 229 |
No. 32, 1931.
| (c) | absents himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor ; |
(d) becomes incapable of performing his duties;
(e) resigns bis office by writing under bis band :
Provided that if a commissioner is, under bis appoint ment, bound to be engaged in bis office for part time only or for limited duties or functions svdjparagrapb (a) shall not apply to him and subparagraph (e) shall, in reference to him, be read as if the word “ fourteen ” were the words “ twenty-eight,” and shall apply to him accordingly.
(12) A commissioner, who at the date of his appointment was an officer of the Public Service or the llailway Commissioners, shall, in the event of his office as commissioner being discontinued or abolished, be eligible for and shall be appointed to an office in the Pidilic Service or the Piaihvay Service, as the case may be, not lower in classification and salary than that which he held at the date of his appointment as commissioner.
(13) Notwithstanding anything contained in any Act, nothing contained in tliis Act shall alfect the rights accrued or accruing under the Public Service Act, 1902, the Superannuation Act, 1910-1930, or the Government: Pail ways Acts, 1912-1930, or any Act amending such Acts, to any person appointed a commissioner under this Act who is at the time of his appointment or has been at any time previmisly thereto an officer of the Public Service or of the Pailway Commissioners.
(14) Any officer of the Public Service or the New South "Wales Government Piailways ajipointed a com missioner under this Act shall continue to contribute to any fund or account, and shall be entitled to receive any deferred or extended leave, and any pay ment, pension, or gratuity as if be were an officer or employee within the meaning of the Public Service Act, 1902, the Suiierannuation Acf, 1910-1930, or the Government Pailways Aefs, 1912-1930, as the case may be, and for such purposes his service as commissioner shall be deemed to be service for the purposes of such Acts. Any person so appointed as a commissioner who previously to such appointment had been an officer of
the
230 State Transport (Co-ordination) Act.
| No. 32, 1931. |
tlic Public Service or Railway Service sliall receive (luring his term of office any payment, pension, or gratuity to which he may he entitled under the said Acts.
| Officers. | 5 . | (1) The hoard may appoint or employ such officers |
and servants as it thinks necessary for the due execu
tion of this Act.
(2) Such officers and servants shall hold office
during the pleasure of the hoard.
(3) Regulations may he made under this Act in respect of the conditions and terms of employment and the duties and discipline of the officers and servants of the hoard.
(4) The Minister may authorise and direct the transfer to the service of the hoard of any officers or servants in the employ of the Railway Commissioners, a transport trust, the Management Board, or the Main Roads Board, deemed necessary for carrying out the provisions of this Act.
(5) Any officer or servant so transferred shall, in the event of his office as an officer or servant of the hoard being discontinued or abolished, ho eligible for and shall he appointed to an office in the service from which he was transferred not lower in classification and salary than that which he held at the date of his appointment as an officer or servant of the hoard.
(0) Aothing contained in this Act shall affect the rights accrued or accruing under tlie Piihl'c Service Act, 1902, the Superannuation Act, 1910-1930, or the Government Railways Acts, 1912-1930, or any Act amending such Acts, to any officer or servant appointed an officer or servant of the hoard.
(7) Any officer or servant so appointed shall con tinue to contribute to any fund or account, and shall he entitled to receive any deferred or extended leave, and any privileges, and any payment, jicnsion, or gratuity as if he had remained an officer or employee within the meaning of the Puhlic Service Act, 1902, the Super annuation Act, 1916-1930, the Government Railways Acts, 1912-1930, tlie Transport Act, 1930, or the IMaiii Roads Act, 1924-1929, as the case may he, and for such purposes his service under the hoard shall he deemed to he service for the purposes of such Acts.
| state Transport (Co-ordination) Act. | 231 |
6. (1) The Loard may appoint any person to be ihe
| district representath'C of the hoard for the part of the nisirict rep- | 1'£ic | fr 4* | t 1 «ria |
| ’ r | * | ! | * | * | i | A | I C S l I l l t i U V t J , |
State specitied in tlie appointment.
(•2) Any person so appointed may, subject to the terms of his appointment and to any limitations im posed at any time by the board, exercise and diseharg-e n ithin the part of the State for n hich he is appointed such of the powers, duties, and functions of the board as may be prescribed by the regulations or authorised by the board.
| (3) | Every appointment under this section shall be |
revocable at the will of the l:oard,but any appointment shall not prevent the exercise of any power, duty, or function by the board.
7. (1) The powers, duties, and functions conferred or (.'ontroi by
imposed by or under any Acts upon the Eailway Com be exercised and performed subject to the control of the Minister, and the Minister’s directions shall be carried into effect accordingly.
missioners, the Commissioner of Eoad Transport, any authoiities.
transport trust, tlie Management Board, or the INfain
| (2) | The Minister may direct the board to investi |
gate the administration or operations or intended operations of the Eailway Commissioners, any transport trust, the Commissioner of Eoad Transjiort, the Management Board, or the Main Eoads Board, either generally or in any particular respect or case, and to report to him the result of the investigation.
8. (1) The Minister or the board may at any time. Minister or
and from time to time, require the Eailway C o m - ‘"‘‘y as the case may be, all such information as he or it may require.
missioners, the Commissioner of Hoad Transport, any informatiou.
transport trust, the IManagement Board, and the Main
(2) The Eailway Commissioners, the Com missioner of Eoad Transport, every transport trust, the Management floard, and the Main Eoads Board shall at any time allow the Minister and the board and every officer authorised by the Minister or the board to inspect all books, papers, documents, accounts, build ings, property, and places under their respective
| control. | 9, |
232 State Transport (Co-ordination) Act.
| itfo. 32, 1931. |
| 9. (1) Notwitlistandin" anything contained in this |
| Minister's |
| ilirentiona to | or any other Act, the Minister may at his discretion |
| be complied | direct the Railway Commissioners or tlic Main Roads |
| with. | ]5oard or any transport trust or the Management Board or the Commissioner of Road Transport to do or (o refrain from doing any act, matter, or thing ivhatsoevcr (including the acceptance and performance of a delega tion from the board under section tw'cnty-three of this Act, and the making or recommending of any rule, regulation, by-law, or ordinance), and every such authority to whom any such direction is given shall immediately give etfect to the direction. |
| (2) Any sucli direction by the Minister may he general or limited to a particular case or class of eases. | |
| Advice and |
| reports by | 10. (1) The board may advise the Minister on any |
| board. | matters relating to the transport of passengers and of goods and to traffic generally. |
| (2) The board shall, as soon as practicable after their appointment, furnish to the Minister a report setting out the steps which they consider should be taken to secure the co-ordination of the activities of the follow ing services, namely, the Railway Commissioners, the transport trusts, Commissioner of Road Transport., the IManagement Board, and the Main Roads Board, and to provide I’or the administration and control of suclr services under one corporate body, together Avith a draft Bill for the legislation necessary to giA'e effect to their report. | |
| (3) Por the purposes of this section the hoard shall be entitled to use the services of any officers or employees of or under th(' control of any of the said authorities. | |
| transfer and |
| Tojiiporary | 11. (f) For the purposes of the administration of |
| utilization of | this Act tlic Minister may direct that any officer or |
| authorities. | |
| officers of | seiwant of or under the control of the Railway Commis sioners, the ^fain Roads Board, the Commissioner of Police, tlie Commissioner of Road Transport, any transport trust, or the Management Board, sliall be transferred temporarily to the service of the hoard. |
| During the period of his temporary transfer the officer or servant shall he an officer of the hoard for the pur poses of tliis Act, hut his salary shall eonfinue to he boiTiC |
| state Transport (Co-ordination) Act. | 233 |
| borne by the authority from -whose service he was ‘ _L | ' |
| transferred, or by the Crown as the case may he, and as between the officer or servant and such authority or tlu‘ Crown, and as regards the Acts mentioned in subsection seven of section five, and the Police Regulation Act, 1899, and the Acts amending if, the officer cr servant shall during his temporary transfer he taken to continue in the service from which he was so transferred. | |
| (2) The Minister may give such directions as he considers necessary so that any officers or servants employed by or under the control of the Eailway Com missioners, or any transport trust, tlic Management Board, the ^laiii Roods Board, tlie Commissioner of Police, the Commissioner of Road Transport, or the Puhlic Service Board, may he utilized by the lioard for the purpose of issuing licenses, collecting fees and revenue, or for any jnirpose necessary or desirable in connection with the administration of this Act. |
(5) The hoard may engage, on such terms as to contracts for
remuneration and otherwise as they think fit, the services of any person they may think necessary for the due administration of the Act.
12. (1) Any person who after a date appointed by I’ubUc motor
the Governor and notified by proclamation published in
the Gazette operates a puhlic motor vehicle shall, unless operated
such vehicle is licensed under this Act by the hoard and HcenTe'i!'''"'*
unless he is the holder of such license, he guilty of an
oifence against this A c t: Provided that this subsection
shall not apply to a puhlic motor vehicle that is being
operated under and in accordance with an exemption
from the requirement of being licensed granted under
section nineteen or a permit granted under section
twenty-two of this Act.
(2) Any person Avho operates or uses or causes or permits to he operated or used a motor vehicle for the carriage or delivery of his goods (other than goods that are not intended for sale vAdiether immediately or ultimately) or of goods sold by him shall he deemed to he therehy operating a puhlic motor vehicle within the meaning of this Act and such vehicle shall he deemed to be a puhlic motor vehicle.
In
2 3 1 Stale Transport (Co-ordination) Act.
| Ko. | 3 . | prosecution the onus of establishing the exception that the goods are not intended for sale shall lie on the defendant. |
| Passengers or | 13. Aov persoii Avlio after the date appointed under |
| CseU'irV'* | twelve of this Act sends or causes to be sent or conveyed or agrees or offers to send or convey any |
| Tinliceused | ■■ | ■ |
| vehicle. | passengers or any goods by any public motor veliicle Avhich is not licensed under this Act by the hoard shall be guilty of an offence against this Act. In any prosecution for an offence under this section it shall he a sufficient defence if the person charged proves that he had reasonable grounds for believing, and did in fact believe, that the motor vehicle in respect of which the prosecution is taken, AA’as at the time of the alleged offence licensed under this Act. |
| Lieenws. | 14. (1) Every person desiring to operate a public |
motor vehicle of Avhich he is the owner shall in addition to any license or registration which by law he is re quired to hold or effect, apply to the board or to the prescribed person or authority for a license for such vehicle under this Act.
(2) The application for a license shall be made in the prescribed form and manner and shall contain the following particulars :—
| (a) | the route or routes upon Avhich it is intended that the vehicle sought to be licensed shall operate ; |
| (b) | a description of the vehicle in respect of which the application is made ; |
| (c) | the number of passengers or maximum AA'cight of goods proposed to be carried on such vehicle ; |
| (d) | particulars of the registration of such v'chich', under the Motor Traffic Act, 1909-1930, and the Transport Act, 1930, or under any Act of the Commonwealth ; |
| (e) | particulars of any license issued in respect of such vehicle under the Local Government Act, 1919, or the ordinances thereunder ; |
| (f) | sucii other particulars as arc prescribed. (3) The application shall be accompanied by |
the prescribed fee,
(4)
| state Transport (Co-ordination) Act. | 235 |
No. 32, 1931.
( t) The prescribed, fee shall be payable in
| respect of every renewal of any such license : | \ |
Provided that nothing in this Act shall require
| tbe insertion in the license of a public motor vehicle | , |
| used for private hire or tourist service work of any condition as to the route or routes upon wliich it is intended that the vehicle sought to be licensed shall operate. |
15. (1) A license for a public motor vehicle other Effect of
than an aircraft may authorise the vehicle for which
is granted to operate only upon tbe routes or roads
specified in the license or only uitliin any area or
district therein specified or referred to or may authorise
the vehicle for which it is granted to operate on any
route or road or within any area or district other than
the route, road, area, or district, if any, specified or
referred to in the license.
(2) A license for an aircraft may authorise the vehicle for Avhich it is granted to operate on or in a route or district therein specitied or referred to or on or in any route or district other than the route or district, if any, specified or referred to in the license.
(3) Any authoritj^ as mentioned in subsection one or subsection two of this section contained in or attached to a license shall be a condition of the license, and any person who commits a breach of such condition shall be guilty of an oifence against this Act.
1 6 . (1) A license shall not l)e issued under this Act iii'K'stiatio
for a public motor vehicle other than an aircraft, unless "f
it is registered under the Motor Traffic Act, 1909-1930,
or the Trans})ort Act, 1930.
(2) A license issued for a public motor veliicle pmatiouof
other than an aircraft, shall be for a period expiring on the date ujion which tbe current registration of the vehicle under the Motor Traffic Act, 1909-1930, or the Transport Act, 1930, expires.
(3) A license issued under this Act for an air craft shall expire on the anniversary of the date upon which it is issued.
(4) The provisions of this section shall apply in respect of renewals of licenses for public motor vehicles. The license shall expire on the anniversary of the datt; upon Avhich it is issued.
( 3)
236 State Transport (Co-ordination) Act.
| ,Ko. 32, 1931. |
(5) Notwithstanding anything in this Act a license for a public motor vehicle may be surrendered with the consent of the board.
(6) Where any such license is surrendered the board may, if it thinks fit, refund the whole or portion of the fee paid in respect of the license.
| Certain con | 1 7 . | (1) Every license under this Act shall be sub |
| ditions of |
| license. | ject to the peiformance and observance by the licensee of the provisions of this Act and the regulations that may relate to the license or to the public motor vehicle in respect of which it is issued, and of the provisions contained in or attaching to the license, and all such provisions shall l)c conditions of the license. |
| (2) | The regulations may prescribe, or the board |
may determine in respect of any pai’ticular license, or of any class of licenses relating to any area, route, road, or district, or of any other class of licenses whatsoever, or generally what terms and conditions shall be applic able to or with respect to a license, including (but without in any way limiting the generality of the foregoing)—
| (a) | the fares, freights, or charges, or the maximum or minimum fares, freights, or charges to be made in respect of any services to be provided by means of the public motor vehicle referred to in the license; |
(bj the use of such public motor vehicle as to Avhether passengers only or goods only or goods of a specified class or description only shall be thereby conveyed, and as to the circumstances in which such conveyance may be made or may not be made (including the limiting of the number of the passengers or the quantity, Avcigl'.t, or bulk of the goods that may be carried on the vehich').
(■i) In dealing Avith an application for a license
the board shall consider all such matters as they may think necessary or desirable, and in particular (where applicable) shall have regard to—^
| (a) | the suitability of tbe route or road on which a service may be provided under the license ; | |
| (b) | tbe extent, if any, to Avhich tbe needs of the proposed areas or districts, or any of them, are | |
|
| state Transport (Co-ordination) Act. | 237 |
No. 32, 1931.
| (c) | the extent to ivhich the proposed service is necessary or desirable in tlie public interest; |
| (d) | the needs of the district, area, or locality as a whole in relation to traffic, the elimination of unnecessary services, and the co-ordination of all forms of transport, including transport by rail or tram ; |
| (e) | the condition of the roads to be traversed with regard to their cajiacity to carry proposed public vehicular traffic without unreasonable damage to such roads ; |
| (f) | the suitability and fitness of applicant to hold the license applied for; |
| (g) | the construction and equipment of the vehicle and its fitness and suitability for a license : |
Provided that a registration of aircraft under any Act of the Commonwealth or a registration of any motor vehicle other than aircraft under any other Act of the State may he accepted as sufficient evidence of suitability and fitness of the vehicle.
| (1) | d'he hoard shall have power to grant or refuse |
any application of any person for a license or in respect
of any vehicle or of any area, route, road, or district.
(5) If the holder of any license of a puhlic motor vehicle under this Act, or the owner of any puhlic motor vehicle so licensed, fails to comply with or observe any of the terms or conditions of or attaching to such license he shall he guilty of an offence against this Act.
1 8 . (1) Unless exempted by the Act or the regula- Certain
| tions the holder of every license for a puhlie motor obligations in resî ect of vehicle under this Act shall in the prescribed manner— public motor | M | 1 | 1 | ̂ 1 | 1 | ^ | • | vcliiole.s. |
| (a) keep the | prescribed books and records in |
| respect of | the passengers and goods carried |
| and to be | carried (including the prescribed |
| records of | all journeys undertaken by each |
| vehicle) ; |
| (h) | produce such hooks and records to the pre scribed persons ; | |
| (c) | make at and for the prescribed times returns in the forms prescribed in respect of passengers and goods carried, freight and fares earned, contracts of carriage entered into and otherwise | |
|
| 2S8 | State Transport (Co-ordination) Act. |
| Ho. 32, 1931. |
(d) verify such returns as jirescribed ;
| (c) | issue to passengers as prescribed tickets in the prescribed form; |
| (f) | issue to consignors and consignees of goods as prescribed receipts and Avaybills in the pre scribed form. |
In addition to and Avitbout impairing tbe liabilities under this Act of other persons to perform such obliga tions, the regulations may require tbe conductor of the vehicle, or if there is no conductor, the driA'cr thereof, to perform in respect of such vehicle, tbe obligations mentioned in paragraphs (e), and (f) of this subsection or any part thereof.
Any person Avbo commits a breach of this subsection shall be liable on summary conviction to a penalty not exceeding one bundred pounds.
(2) Subject to this Act and to any modification of this provision made by tbe regulations, tlie Avcigbt of a public motor vehicle or of goods carried or to be carried b.y a public motor A cbicle sliall be determined at a public Aveigbbridge approAmd by the board or at a weighbridge of tbe Eailway Commissioners and the certificates of the AA'eighing shall be produced by the holder of the license for the vehicle to the board on demand.
(3) The regulations may provide that the Aveight of a public motor vehicle for the purposes of any other Act may be adopted for the purposes of this Act and that the AA’eight of goods carried by any public motor A'chicle may be calculated on tbe basis that a stated number of goods, or a stated number of packages of or a stated bulk of, goods of a certain class or des cription AA'eighs a stated amount.
Payments to
| t>e ma<le in | (4) The board may, in any license for a public |
| respect of | motor vehicle to be issued under this Act that authorises |
| jxisse Tigers. | the holder to carry passengers or passengers and goods in the A'ehicle, impose a condition that the licensee shall pay to them (in addition to any other sums payable under the folloAving subsection and any other provision of this Act), for each and every passenger carried by the public motor vehicle along a public street a sum not exceeding one penny for each mile or part thereof of his journey or |
î Avhero
| state Transport (Co-ordination) Act, | 239 |
(where that sum is less than the following sum) a sum not exceeding one penny for each section or part thereof included in his journey and for such purposes the word “ section ” means a part of tlic route of the ychicle in respect of which a separate charge may for the time being be made against a passenger.
The board may determine that the sums to be paid to it under this subsection may be less than tlie sums herein* before mentioned and may be differently ascertained in respect of different licenses,
| (5) | The board may, in any license for a public I’.iymeuts to |
motor vehicle to be issued under this Act that authorises
the holder to carry goods or goods and passengers in the amhorisea to
vehicle, impose a condition that the licensee shall pay
to them (and in addition to any other sums payable
under the preceding subsection and any other provision
of this Act) such sums as shall be ascertained as tlie
board may determine.
The board may determine that the sum or sums so to be paid may be differently ascertained in respect of different licenses and may bo ascertained on the basis of mileage travelled as hereinafter mentioned or may be ascertained in any other method or according to any other basis or system that may be prescribed by regula tion made under this Act :
Provided that if the sum or sums so to be paid are to be ascertained according to mileage travelled they shall not exceed an amount calculated at the rate of threepence per ton or part tliereof of the aggregate of the weight of the vehicle unladen and of the weight of loading tlie vehicle is capable of carrying (wliether such weight is carried or not) for each mile or part thereof travelled by the vehicle along a public street. (which mileage may be ascertained for such purposes as prescribed by the regulations or as determined by the board), and if the sum or sums so to be paid to the board arc not to be ascertained according to mileage travelled then the board shall repay to the persons entitled thereto any moneys received by the board under this subsection in excess of the amount that Avould have been payable to the board calculated on the mileage basis in the foregoing manner during the period of the license.
Por
240 State Transport (Co-ordination) Act.
| Mo. 82, 1931. |
| Eor the purposes of this proviso the iveiglit of the |
| . | vehicle unladen and the weight of loading the vehicle is capable of carrying shall be as mentioned in the license or as determined by the board. |
| (6) | The sums payable to the hoard under sub |
sections four and five of this section shall be paid to the prescribed persons on behalf of the hoard as and when prescribed by the regulations and shall constitute a debt due to and recoverable by the board from the owner of the puhlic motor vehicle and the licensee jointly and severally.
| Security for | (7) The board may in their discretion require |
| perfomances | applicant to givc reasonable sccuritv in the pre- |
| conditiona. | scribcd form for due compliance Avith the conditions imposed or to be imposed in or attached to the license pursuant to subsections four and five of this section, in such amount as the hoard may require in the particular case. |
| Exemptions. | (8) Where a puhlic motor A'ehicle is solely operated for the coiiA^eyance of passengers and/or goods on journeys, none of which exceeds twenty miles in length, the hoard may on such conditions as they think fit exempt the license for the vehicle from having inserted therein the conditions mentioned in subsections four and five of this section. |
| T'or the purposes of this subsection where goods are transhipped from one public motor vehicle to another or are carried by a public motor vehicle to a receiving depot, and are carried from the place of transhipment or from such depot by a public motor A'ehicle, the Avhole journey shall he regarded as one journcA . and each vehicle taking part in it shall be regarded as having undertaken the Avhole journey. |
| (9) | (a) Where a public motor vehicle is solely |
operated in the carriage of goods on a journey to the nearest practicable railway station for tbe purposes of the carriage by railway of such goods the hoard shall exempt the license for the A'ehicle from haA'ing inserted therein the condition mentioned in subsection five of this section.
| (b) | Where a public motor vehicle carrying |
passengers and/or goods ought not, in the opinion of the board, to he subject to the condition mentioned in
subsection
| state Transport (Co-ordination) Act. | 241 |
| . | . | No. 32, 1931. |
| subsection five of tliis section, by reason of tbe state of t b | e ---- |
| roads travelled by tbe vehicle, or tbe transport facilities in tbe area served by tlu‘ vehicle or for any other reason, the board may, on sneb conditions as they think tit, exempt the license for the public motor vehicle from having inserted therein the condition mentioned in the said subsection. | |
| (10) The board may in its discretion at any time revoke any exemption granted by it under sub section eight or subsection nine of this section, and may thereupon impose in respect of the li:ense the conditions provided for by subsections four and five of this section. | |
| (11) Vriiere the hoard at any time thinks it desirable that any of the terms, conditions, and authori ties in respect of any license for a public motor vehicle should be varied during the currency thereof, or that any new term, condition or authority should be attached to any such license during its currency, they may, sub ject to this Act and the regulations, vary the same or attach thereto such term, condition or authority accord ingly, and the terms, conditions and authorities as so varied or added to as the case may he shall thereafter be the terms, conditions and authorities of the license. | |
| (12) Any person who commits a breach of a condition of an exemption granted by the board under subsection eii'bt or subsection nine of this section shallO be girilty of an offence against this Act. |
19. (1) 'fhe hoard may grant exemption from the Kxemptiona
requirements to be licensed under this Act in respect of
any public motor veliicle or class of public motor licensed,
vehicles in such cases and under such conditions as they
think fit.
(2) 'fhe board may from time to time vary or
revoke any such exemption.
(3) Any person who commits a breach of any condition imposed under this section shall be guilty of an offence against this Act.
20. (1) Any person who acts as or carries on or Agents,&c.,
advertises or notifies that he acts as or carries on the licensed,
business of—
| (a) | an agent for a person operating a public motor vehicle; or |
1 (b)
242 State Transport (Co-ordination) Act.
| -1 - | ’ | (1)) an agent in respect of the carriage of persons or goods otliemvise than by a sliip ; or |
|
| ' | (2) Any person desirous of obtaining a license as agent shall appfy therefor in the prescribed manner. (3) There shall be payable in respect of every such license and every renewal thereof the prescribed | |
|
(4) Such license shall, unless revoked by the
board, remain in force for one year.
(5) The board may in its discretion grant or
refuse any application for such license.
(G) Such license shall be subject to such con ditions as are prescribed by llie regulations or imposed by the board, and the board may at any time revoke any license.
| (7) | If any person commits a breach of any of |
the terms or conditions of any such license he shall be
guilty of an offence against this Act.
Cancellation
| of license. | 21. (1) Any license granted under this Act in |
respect of a public motor vehicle may be cancelled by the board if the holder fails to comply with or observe any of the provisions of this Act or of the regulations or any of the terms, conditions, or authorities of or attaching to the license or of or attaching to any exemption granted by the board under subsection eight or nine of section eighteen,
(2) Such cancellation shall be in addition io any penalty in which such failure may by any other provision of this Act or the regulations involve the holder or any other person.
(3) The license for a public motor A-ehicIe other than an aircraft shall determine if the license of the vehicle under the Alotor Traffic Act, 1909-1930, or the Transport Act, 1930, determines.
| Permits to | 2 2 . | (1) | The board may, on payment of the prescribed |
| use vehicle |
for carriagefees, issue permits, for such period as it thinks fit and
of passengers, subject to auy Conditions that may be prescribed or
imposed by the board, permitting the carrying on a
motor vehicle of persons in or OA'er specified districts or
| routes. | (I) |
| state Transport (Co-ordination) Act. | 2i3 |
(2) Any such permit may he revoked or varied
at any time hy the hoard.
(3) Any person who commits a breach of any of tlie conditions of a permit shall he guilty of an oifence against this Act.
23. (1) The board may delegate to the Commis-Delegation,
sioner of Road Transport or to the Management Board or any transport trust or to the Railway Commissioners or to the Main Roads Board or to the Commis.sioner of Police or to any person or authority any of its powers, duties, functions, or authorities under this Act or the regulations, and the person, corporation, or authority to Avhom such delegation is made may exercise and dis charge the powers, duties, functions, and authorities delegated as fully and effectually as the hoard could have exercised and discharged the same.
(2) A delegation may he made in respect of any particular matter or of any class of matters or gcm'rally or may be limited to any part of the State and may be made subject to or on such terms and conditions as the hoard thinks lit.
(3) Every delegation under this section shall be revocable at the will of the hoard, hut no delegation shall prevent the exercise of any power, duty, function, or authority by the board.
24. Any person Avho at the time of the coming into Appeab.
force of this Act is the holder of a license for a motor A'ehicle under the Motor Traflic Act, 1909-1930, or the Transport Act, 1930, and avIio shall at any time there after consider hinrself aggrieved by any decision of the hoard under section twenty-one may appeal to the Transport Appeal Court established under the Transport Act, 1930. Suclr appeal shall be prosecuted within a period to he fixed by rules of the Transport Appeal Court. The court may award costs to airy party as in
| its discretion it shall see fit. | ' |
25. All amounts payable to the board under sub- raymentH
sections four and live of section eighteen and under
section thirty-seven, and all fees payable in respect of (COordiiia-
licenses and permits under this Act, shall he paid into
the State Transport (Co-ordina(ion) Euiid established by
this Act.
244 State Transport (Co-ordination) Act.
| No. 32, 1931. | ||
|
| State Trans | to he called the State Transport (Co-ordination) Fund. |
| port (Co | (2) | There shall be placed to the credit of the |
| ordination) |
| Fund, | said fund any moneys appropriated by Parliament for the purposes of this Act, and the moneys directed hy this or any other Act to be paid into such fund. |
| ■ | (3) All moneys in the fund shall be vested in and expended by the board in accordance ivith this or any other Act. |
| (4) The provisions of the Audit Act, 1932, as amended by subsequent Acts shall, with such modifi cations as may be made by regulations under this Act, apply to the fund and to the board and to all officers. | |
| (5) Out of the said fund there shall be paid the salaries and other costs of the administration of this Act, including any contribution under any Act in respect of superannuation of any commissioner or officer. | |
| (6) For the purposes of the co-ordination of the facilities for transportation of passengers or goods, the board, with the approval of the Minister, may make from lime to time, any payments out of the said fund as subsidies in respect of any public motor vehicles used for providing feeder services to railways or tramways. |
| (7) | The board, with the approval of the Minister, |
may make from time to time any payments out of the said fund to the Government Pailways Fund, established under the Government Pailways Act, 1912-1930, or to the general fund of any transport trust, and moneys so paid shall form part of the fund into which they are paid.
(8) Subject to this Act, the moneys in the State
Transport (Co-ordination) Fund may he applied to the
purposes for which they are appropriated by Parliament.
(9) Section forty-six of the Constitution Act,
1902, shall apply in respect of any such appropriation.
| Goods motor | 27. Any pcrsoii driving Of using any motor vehicle |
constructed primarily for the carriage of goods, who
| passengers, | shall Carry any person therein or thereupon, or permit any person to ride therein or thereupon unless—• |
| ’ | (a) | a license granted under this Act in respect of the vehicle expressly authorises the carriage of passengers therein ; or |
| ̂ | (1>) |
| state Transport (Co-ordination) Act. | 2 i5 |
(b) the person so carried is—
| - | (i) | in the employ ot the owner of the vehicle and is proceeding on his master’s business ; or |
| (ii) | a member of the family of the owner of the vehicle; |
and in either of such cases is seated on the
seat by tbe side of the driver; or
| (c) | the owner of the vehicle is the holder of a permit granted under section twenty-two of this Act, and the person so carried is carried in conformity with the permit, |
shall be liable on summarv conviction to a pcnaltv not
exceeding ten pounds.
28. (1) No person shall drive or operate or cause ijniiccnfe.i
or permit to be driven or operated as a public motor '<̂ hicie.
vehicle any motor vehicle —
| (a) | in or upon auy public street or place in or upon which the license in respect thereof does not authorise it to be so operated or driven ; or |
| (b) | with a trailer attached thereto unless the motor vehicle is licensed as a public motor vehicle and unless such trailer is licensed as a public motor vehicle and is used in conformity with |
| . | ' the license; or | |
|
except in pursuance of a permit under this Act for that purpose or under an exemption granted or declared under this Act.
(2) Any person contravening the provisions of
(his section shall be guiltv of an offence against this
| Act. | ‘ |
29. (1) No person shall advertise or publish or Advotise-
cause to he advertised or published in any newspaper or otherwise cause to be exbibited or exbibit any advertise ment or notice directly or indirectly—
(a) inviting persons to become passengers; or
(b) intimating that any persons will bo carried ; or
(c) soliciting the carriage of any goods; or
| ■ | (d) intimating that any goods will be carried, |
unless
246 State Transport (Co-ordination) Act.
| No. 32, 1931. |
unless either—
(i) the person requesting or requiring the advertise ment or notice is the holder of a license to operate the public motor vehicle in which the passengers or goods are to he carried, and the advertisement or notice contains the name of such holder and the number of his license ; or
(ii) such person is the holder of a license as agent under section twenty, and the advertisement or notice contains the name of such holder and
| ■ | the number of his license ; or |
(iii) such person is the holder of a permit under section twenty-two or of an exemption under section nineteen of this Act, and the advertise ment or notice contains the name of such holder
| ■ | and the number of his permit or exemption ; or |
(iv) the passengers or goods are to be carried by a vehicle other than a motor vehicle, and the advertisement or notice contains a description of the vehicle to be employed.
(2) Any person who contravenes the provisions of this section shall be liable on summary conviction to a penalty not exceeding one hundred pounds.
Kccoicistobe 30. (1) Unless cxemptcd by the regulations, the
depot'̂ '̂ owner or proprietor of any bonded store, warehouse,
shop, store, or receiving dej)ot shall record in a book
in the prescribed form, to be kept by him for the
| ■ | purpose, full and correct particulars of all goods carried or despatched by a public motor vehicle from such bonded store, warehouse, shop, store, or receiving depot, and shall produce such book for the purposes of inspec tion thereof on demand by any authorised otFicer. |
| (2) Uothing in subsection one of this section shall apply to a bonded store, wai’chousc, shop, or store (not being a receiving depot) if all the goods are carried or despatched therefrom on journeys none of which exceeds twenty miles in length : Provided that Avherc goods are transhipped from one public motor vehicle to another or are carried by a public motor vehicle to a bonded store, warehouse, shop, or store from which they arc carried (whether immediately or |
ultimately),
state Transport (Co-ordination) Act.
No. 32, 1331.
ultimately), for the purposes of this suhseefion tlie Avhole journey sliall be regarded as one journey, and if it exceeds tn'cnty miles this subsection shall not apply.
| (d) | 'I’lic holder of a license as agent under sec- Â '̂ nts lo |
tion twenty (not being the proprietor of a receiving
depot) shall record in a book in the prescribed form to be ;imigoods?
kept hy him for the purpose, full and correct particulars
of all bookings by him in respect of passengers and of
goods, and shall produce such book for the purposes of
inspection thereof on demand by any authorised officer.
| (4) | Any jierson Avho contraAmnes any of the |
proAusions of this section shall be liable on summary conviction to a penalty not exceeding one hundred pounds.
31. Every person Avho obstructs any commissioner oiistmcting.
or officer or any other person or any authority in the execution of any power, duty, or function conferred or imposed on him or them by or under this Act or the regulations shall he guilty of an olTcnce, and shall he liable on summary conviction to a penalty not exceeding fifty pounds for a first offence and to a penalty not <'xceeding two hundred pounds for the second or any subsequent ott'cnce.
32. (I) AVithout impairing any obligation imposed
by or under any other provision of this Act or the regulations on such or any other jAerson, any seiwant or other person having the custody of any book or record required by or under this Act shall—
| (a) | make fully and correctly all the prescribed entries therein; and |
| (b) | produce and deliver such book or record for examination to any authorised officer. |
(2) Any person Avho contravenes the provisions of this section shall be liable on summary conviction to a penalty not exceeding one hundred pounds.
33. Any person required under this Act to furnish i-vise rctunis.
or supply any return or information or keep any books or records Avho shall furnish or supply a return or information, or produce any book or record Avhich is false in any material particular, shall be liable on summary conviction to a penalty not exceeding one lumdred pounds.
248 State Transport (Co-ordination) Act.
| No. 32, 1931. |
| 34:. Any person who fails— |
| Failure to |
| make returns. | (a) to supply any return which he is required hy |
or under this Act to supply ; or
| (b) | to give any information which may be required from him under this Act, |
shall be liable on summary conviction to a penalty not
exceeding one hundred pounds.
Proof as to
| passengers or | 35. In any proceedings for contravention of any of |
| goods being | the provisions of this Act or of the regulations, if it is |
| carried for | |
| hire. | shown that any persons cr goods were carried on any motor vehicle, those persons shall he deemed to have been passengers carried for hire or goods carried for hire unless the defendant satisfies the court to the contrary. |
| ficncrul |
| penalt}'. | 36. Any person guilty of an offence against this |
Act shall for every such t)ffence for Avhich a penalty is not provided hy or under this Act be liable to a penalty not exceeding five hundred pounds, and if the offence is a continuing offence such person shall he liable to an ad'ditiolial penally not exceeding fifty pounds for eA'ery day on which the offence continues.
Payments in
| respect of | 37. (1) If any person operates any public motor |
| vehicle not | vehicle in contravention of this Act the board may |
| licensed. | impose upon him an obligation to pay to them on demand such sums as the hoard determines, but such sums shall not exceed the sums that could have been made payable to the board under subsections four and five of section eighteen had the person operating the vehicle been the holder of a license to operate it and had the hoard imposed therein the conditions provided hy such subsections. |
(2) This section shall not relieve such person or
any other person from the penalties for the offence.
Recovery and
| appropriation | 38. (1) Any penalty incurred for breach of auy |
| of [lenalties. | provision of this Act or tlie regulations may be recoA'cred in a summary manner before two justices of the peace or a stipendiary or police magistrate. |
(2) An information for an offence against tliis
Act or the regulations may he laid by any person.
(3) Any penalty imposed for tlic breach of any provision of this Act or of any regulation shall he paid to the credit of the State Transport (Co-ordination) Eund aforesaid.
state Transport (Co-ordination) Act.
39. (1) lu addition to any otliCT remedy of tlie
| board for the recovorv thereof, any amount due i n y f | i | ,► | 1 | , . | . | „ | \ | . | ■ | , | . | ̂ | amoiutt': ilae. |
respect oi the condition refciTed to in svibsoction tour of section eighteen or in subsection tiv(̂ of section eighteen or any amount due under section tliirty-seven may be recovered l)y the l)o;ird or l)v any person authorised by the board or l>y an authorised officer in a summary manner before any two justices of the peace or a stipendiary or police magistrate.
(2) Such amounts shall be recoverable in addi
tion to the penalties for the otfence.
4 0 . Every person Avho acts in contravention of any <Vmtra-
of the provisions of this Act or any regulation there under shall for every such contravention lie guilty of an offence against this Act.
41. Every person who aids, abets, counsels, or pro-Ai.kis ,ui i
cures or in any vay is knowingly concerned in f]ie commission of any olfence against this Act or the regu lations shall be deenu'd to have committed the ofibnee.
| 42. If two or more persons are liable in respect of | ̂. | •' I f I < | ’ 11 n *' 1’ -S |
| the same olfence each of such persons shall be guilty of | ' |
| the otfence and the liahility of each of them shall be independent of the liability of the others. |
43. If any person committing any offence against
this Act is a company, the managing director or other manager in New South AValcs of the company who is jirivy to tlic offence shall also be liable to the like punishment.
44. In any proceedings for an offence against this Act I’nma fario
or the regulations, or in any ])roceedings by or on behalf'
of the board or by an authorised officer for recovery of
any money payable to the board, the allegation in tin?
information, com])laint, or claim to the effect that—
| (a) | a vehicle is a motor vehicle or a public motor vehicle within the meaning of this Act ; | |
| (b) | a vehicle is not licensed under this Act for operation as a public motor vehicle ; | |
| (c) | any person is not the holder of such a license in respect of any ]niblic motor vehicle ; | |
| (d) | a vehicle is not the subject of an exemption under section nineteen ora permit under sec | |
|
| ' | ((') any person is the owner of a motor veliitde or a public motor vehicle; |
| ■ | (f) |
250 State Transport (Co-ordination) Act.
| ’ | ' | (f) | any person is the holder of a license under section twenty as agent; |
(g) any person is not the liolder of such a license ;
(h) any place is a receiving depot;
(i) any place is a public street within the meaning of this Act,
sliall be deemed proved in the al)sence of proof to the
contrary.
| rn.,i»oUon of | 45. lu ally actioii 01’ pi’occeding, tlic pi'oduction by |
| co riilica tc . |
or on behalf of the board, or by or on behalf of an authorised officer of a certillcate under tlic seal of tlie board, that a sum therein stated is the amount payable by any person under subsection four of section eighteen or under subsection five of tliat section or under section thirty-seven of this Act, and that such sum has been due and payable on the date or dates stated therein, shall be prima facie evidence of the faets so certified.
Further
| ))o\vcrs of | 46. l^or any of the purposes of this Act the board |
| ioard. | may— |
| (a) | undertake the survey in such manner as it thinks best, of any vehicle, or of any area, route, road, or district; |
| (b) | inquire into the necessity of any proposed service or the transport requirements of any district or part of the State; |
| (c) | with the approval of the Minister, hold public inquiries into any matters whatsoever. |
| Autlioi'iscJ | 47 . (1) Any reference to an authorised officer shall |
| olficci. | be construed to include any person authorised by the board or by the secretary oi the hoard, any member of tlic police force authorised by the Commissioner for Police or the Commissioner of Poad Transport, any officer or servant under the control of the last-mentioned commissioner authorised by him, any employee of a transport trust authorised by the Commissioner of Poad Tiaiispoi't, or any employee of the Pailway Com missioners authorised liy the Secretary for Pail ways or person acting as such. | |
| (2) An authorised officer may seize any motor vehicle or any books, records, or papers in respect of wliirdi be susiiects that an offence has been or is being committed by any person against this Act, and may detain the same pending investigation and legal pro | ||
|
| state Transport (Co-ordination) Act. | 251 |
No. 32, 1931.
48. (1) The Governor may make rc"ulation.s not
inconsistent with this Act preseriliiii" all matters wliieh hy tliis Act are nainired or permitted to he prescribed or which are necessary or convenient to be prescribed to carry this Act into eU'ect or to "ive etrect to any power, function, duty, or authority of the board under this Act.
(2) The regulations shall—
(a) be published in the Gazette ;
| (b) | take eUcct from the date of such publication or from a later date to be specilied in the regulations; |
| (e) | be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, tlnm |
Avithin fourteen sitting days after the com
mencement of the next session.
If cither House of Parliament passes a resolution of Avhieh notice has been given at any time Avithin fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have etl'ect.
(3) Any I’egulation may impose a penalty not
exceeding one hundred pounds for any breach thereof.
(4) A regulation may—
| (a) | imjioso a penalty for any breach thereof, and also distinct penalties in eases of successive breaches thereof but so that the total penalty shall not exceed in all one hundred pounds ; |
| (h) | impose also a daily pcnaltj' for any continuing breach thereof but so tliat the total penalty shall not exceed in all one hundred pounds. |
(5) A regulation may be made to apply or to liaA'c operation throughout tlie Avholc or any part of the State, may lie of general or specially limited application according to time, place, or circumstances, and may be general or restricted to any specilied class or subject-matter.
(G) Any regulation may confer on the board, or
on any member of tlic police force or on any authorised
otficer,
252 Slate Transport (Co-ordination) Act.
| Mo. | ĵ jiy pQ-̂ y(.j.s Qj. authority required or convenient for the carrying into effect of all or any of the provisions of that or any other regulation or of this Act. |
| (7) Where any by-law, ordinance, or regulation under any Act is inconsistent with any regulation made under tliis Act, the provisions of the regulation made under this Act shall prevail, and the provisions of the first-mentioned by-law, ordinance, or legulation shall to the extent of the inconsistency have no force or effect. | |
| ■ | (8) In pursuance of the power conferred by subsection one of this section, and without limiting the generfdity of that power, the Governor may make regu lations in respect of the following matters:— |
| (at | requirements as to licenses or permits under this Act including— |
(i) the form of and tiie terms, conditions, and particulars to be set out therein;
(ii) the forms and conditions to be observed when submitting applications;
(iii) matters relating to tbe granting, refusal,
|
return ;
(iv) conditions governing the granting of duplicates;
| (v) | conditions applicable to special circum stances ; |
(vi) the fees payable and the manner of pay
|
(vii) matters relating to transfers and so tliat no license or permit shall lie transferable except in accordance with such regula tions ;
| (b) | the fixing, publication, or collection of fares, freights, or charges, and/or maximum and/or minimum fares, freights, or charges in respect of the carriage of passengers or goods by public motor vehicles and the imposition of penalties for breaches of such regulations ; | |
| (c) | the duties, powers, and conduct of any person whomsoever upon or in relation to a public motor vehicle or in relation to the books, records, and other papers required by or under | |
|
| state Transport (Co-ordination) Act. | 253 |
No. 32, 1931.
(<1) providim^ for distinguishing words, letters, numl)crs, colours, or marks being or not being placed on or atTixcd to motor vehicles;
| (c) | ])roviding for the weighing on demand of any goods conveyed or tendered for conveyance on a public motor vehicle, and the furnisiiing of particulars of such goods together with their relative weights when required by any autho rised ofTieer ; |
| (f) | providing for the impection by an authorised officer of any hooks, records, ticlcets, hills, forms, and papei s whether used or unused : |
| (g) | providing for the furnishing of infoimation, hooks, documents, and evidence to the hoard or to an authorised officer ; |
| (h) | providiijg for the admission, in any legal proceeding, as evidence by or on behalf of the hoard or an authorised officer, of any hooks, records, papers, evidence, or returns required to he kept or fuinishcd by any jierson by or under this A c t ; |
(i) providing for inspection of and entry upon or in any public motor vehicle, building, or place by an authorised officer;
| (j) | regulating the procedure to he followed in respect of any public inquiry by the hoard ; |
| (k) | for the purpose of carrying out and giving effect to the Convention for the llegnlation of Aerial Navigation, signed in Paris on the thirteenth day of Octolier, one thousand nine hundred and nineteen, and the provisions of any amendment of such convention made; under Article thirty-four thereof, and for the purpose of providing for the control of air navigation. |
'I’he Schedule
49. The provisions of the Schedule to this Act shall
he deemed and taken to have the same force and elleet
as if contained herein.
50. The hoard shall make an annual report of their Report,
proceedings to the Minister which shall he laid before
Parliament.
T H E
| 25i | State Transport (Co-ordination) Act. |
| No. | SCH KD U LE. |
| Sec. 4 9 . | nU S IN ’ KSS | A ND | l U ’ M S . |
| Quiinim. | ]. ( 1 ) The Cliicf C.jinmissioiier or <iny two of the other couiniis- '■ioners sliiill forni a (jiiorum of the Ixiiird and shall Inive a.nd may exercise and perform the povcr.s, authorities, functions, and duties ivhich by any Act or means whatsoever are vested in or impostd upon the board. |
| Validity of | (2) No proceeding or act of the board .shall be invalidate ! or |
| jiicccetlmgs | illegal in consequence onlv of theie being any vacancy in the number |
| ami acts. | commissioners a t the time of such proceeding or act. |
| Chief C'ommis- | 2. (1) A t anv meeting of the board the Chief Commissioner, if |
| siuiicr to preside | . . i n | ^ | - i | ' |
| ..t meetinsts. | pi'c-seiit, shall preside. |
| Senior Cominis. | (2) AThen the Chief Commissioner is not jsresent a t any meeting, commissioner who is the senior by virtue of his appointment shall |
| Coniniissionei. | pre.'-ide a t such meeting. |
| ■ | (3) The commissioner presiding a t a meeting shall, in the (‘vent of an equal division of \ i>tes thereat, have a second or casting vote. |
| Casting vote. | (4) A t any meeting of tlic board a t wliicli all tbe commissionci s are present, tbe decision of a majority of the commissioners sliall be tbe decision of tlie Ijoard, and if the commissioners are crpially divided the Chief Commissioner sliall have a easting vote as aforesaid and tbe m atter shall be determined accordingly. |
| Minutes. | 3. Tile board shall keep niinutes of all their proceedings in such manner and form as the Governor directs. |
| Minister to | 'b The board sliall furnish the Minister witli- |
| liavo reports, | (a) all siicli reports, documents, pu-pers, and ininnte.s as are |
| ite., from tlie | required by Pailiam ent pursuant lo any .Vet or pursuant |
| board. | to any’ order of either House of ra r l ia m e n t ; and |
| (b) | full information on all business of the board wliich the Minister may require. |
Co NT I! ACTS,
Mode of 3. Every contract made liy tlie board may, if they so tliink fit, detcnniniiig specify tlie person to whose saiisfaction the same is to he completed disputes, &o. r]i0 mode of di tcniiiiiing any disp.ute which ai ises concerning
or in consequence of such contract.
| Mode of | C. The powers granti 'd to the hoard t:i make contracts may bo |
cnteiiiig into exercised as follows : —
| contracts. | , . , | , | . | . |
Anv contract which if made between privati' persons would be bv law required to be in writing and under seal the board may make in writing in their corporate name under tlieir comniun seal, and in tbe same manner may vtiry or discliarge the sanii'.
Anv contract wliicli if niinle between privati' persons would be bv law required to be in writing and signed by tlu' | allies thereto tbe board may iiiako in writing in their eoi-porate luimo to bo signed by the Chief Conimissioner i i by anv two of the other ccniniissicncrs, and in line in,-1111101' may vary or discharge tlie same.
A ny
| state Transport (Co-ordination) Act. | 255 |
| Aliy contract wliich if made between private persons would be by law valid, although made by parol only and not reduced into writing, the commissioners or the Chief Comniissionei or any two of the other coinmissiomus on behalf of the boaid may make by parol only without writing, and in lil;e manner may vary or discharge the same. | ’ |
7. Subject to this Act, all contracts so made and (where written) F.lfect of
duly executed by the parties thereto resjiectively shall be elFectual contracts, &o.
in law and binding on the board and all other parties thereto,
their successors, lieirs, executors, or administrator'^ (as the ca'a' may
be). I n case of default in the e.xecutiou of any' sucli contract
either by the board or by any other party thereto, sucli actions or
suits may be instituted either by or against the board in their
corporate name cr hy or against the other parties failing in the
execution thereof and such d.amages and costs rccoviu’cd as might be
instituted and ri'covere 1 had the like contract been made between
prh ate persons.
d. No contract made by the board the consideration for wliicli Sanclinn of
exceeds one tlionsand pounds or the performance of which may extend t .“'cnior oxer a period exceeding one year .shall have any force or ellect unless contracts. sanctioned by the Goxeiiior.
1). The board may compound and agree with any person who has Power to entered into any contract with them, or against xvlioin any action or compoiiiul suit is brouglit for any penalty contained in any sucli contract or in
| any bond or otlicr security for the performance tliereoE or for or on | ‘ | ' |
| account of any breacli or non-performance of any such contract, liond, or security for sucli sum of monev cr otlier recompense as tlic lioard think pro[>er. |
| LKClAr. | P l lO C M K D lN C S , | i ' i v i D K X C E , | A c . |
10. All courts, judges, and persons acting judicially sliall take judiuiai judicial notice of the common seal of tlie lioard afiixed to any deed notice of or instrument, ami sliall presume th.at such seal was properly atlixed cominoii sc.-il,
thereto.
11. Any notice, suiiiinons, xvrit, or other pn cecdiiig required to be Sei viccof
served upon the board itiaj" be served bx' being gix en personally to the notices and
| sccrctai V a t the office of the board. | ,, |
| ' | yi’oceedincy, |
12. Every notice, order, .summons, or oilier document reiiuiriiig Documents
authentication by tlie board may be sutiiciently authenticated without liow antlien-
| the seal of the hoard if signed by tlic secretary. | ticated. |
13. The boaid may order either generally or in anv particular case power
th a t proceedings iiiav be taken for the recovery of any’ money payable to to direct
them or for the recox'ery of anv penalties incurred under or for the prosecutions,
pmnishment of any persons ofiendiiig against this Act or under or
agaiiLst any regulation.
11. In all proceedings Ixefore any court of petty scs.sions any olliccr i’o''cr of oiiii a- of the hoard appointed by the Chief Commissioner in xvritiiig under r)mimil'siomis his hand for tha t purpose may represent the board or anv authori.sed i'pettvscfsions.
officer in all resprets as tliougli such officer xvas the partv concerned.
| ' | 15. |
| 25G | State Transport (Co-ordination) Act. |
| Ko. 32, 1931. | 1'). (1) III any pro.secutiori or legal proceeding by or .under the |
| I'roof of | direction or authority of the board or by an authorised orlicer no |
| certain | proof .shall he required (until evidence is given to the contrary) of— |
| matters not | (a) the constitution of the board ; | |||
| required. | (b) any order of the hoard ; | |||
| ||||
| (e) the appointment of the Chief Commissioner or of any com- |
| ■ | missioner or of the secretary or other ofticer of the licard, or of ;in authorised officer , or |
| (f) | the presence of a quorum at any meeting at which any order is made or any act. is done hy the board. |
| Evidence of | (2) The production of— |
| regulations, | . (a) a copy of the Gazette containing any regulation, rule, order, or |
| &c. | notice purporting to have been made or given under any of the proiisions of this A c to r the regulations, or |
| (h) | a copy |iui'porting to be a true copy of any such regulation, rule, order, or notice certified as such under the hand of the secretary of the heal'd |
shall be evidence un*il the contrary is proved of the due making existence, confirmation, approval, and giving of such regulation, rule, order, or notice, and of all [ireliminary steps neees.sary to give full force and effect to the same.
Evidence of
| documents | IG. All documents whatever puiqmrting to ho issued or written hy |
| issued by | or under the direction of the hoard, and purporting to be signed by |
| the conimis. | the secretaiy, shall he received as evidence in all courts and before all |
| sioners. | persons acting judicially within New South Wales, and shall without proof he deemed to have been issued or written by or under the direction of the board until the contrary is .shown. |
| rroteclitii | 17. No matter or thing done hy any conimis ,ioner or by any officer |
| of com- |
| missionci s, | or other person ajipointed or employed by the board or by an authorised |
| officers, Ac. | officer if done bona fide in the exercise of his powers or in the perform ance of his duties under this or any other A ct shall subject such commissioner, officer, or other person to any personal liability in respect thereof. |
| .Powers of | 18. The board for the ]iurposes of any appeal or proceeding.s for (he settlement of questions, difierences, or disputes under this Act or of |
| th e | commis |
sioners in
| conducting | conthicting any investigation or inquiry authoiised to be made by or |
| in ves tiga | under this Act shall have all the powers and immunities of a com |
| tions. | missioner, and the Chief Commissioner or the senior of the other commi.s.sioncrs shall have the powers of a chairman within tlie meaning of IJivision 1 of P a r t I I of the Royal Commissions Act, 1923, and the provisions of th a t Act with the exception of section thirteen and of Itivision 2 of P a r t I I shall, nuitatis mutandis, ajiply to any witness or person siuiimoned liy or appearing before the hoard. |
DESERTED
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