State Transport Co-ordination Act 1981 (WA)
WESTERN AUSTRALIA.
STATE TRANSPORT
CO-ORDINATION ACT 1981.
ARRANGEMENT.
Section
1. Short title.
2. Commencement.
3. Interpretation.
4. Co-ordinator General of Transport.
5. Appointment and removal of Co-ordinator General.
6. Terms of service.
7. Appointment of acting Co-ordinator General.
8. Duties of the Co-ordinator General.
9. Transport Strategy Committees.
10. Powers of Co-ordinator General.
11. Appointment of staff.
12. Rights of officers of Public Service.
13. Unlawful disclosure of information.
14. Annual report.
15. Repeal.
16. References to Director General of Transport in other written laws.
WESTERN AUSTRALIA.
STATE TRANSPORT
CO-ORDINATION.
No. 14 of 1981.
AN ACT to make provision for the co-ordinated planning and advancement of all forms of transport in the State, to repeal the State Transport Co-ordination Act 1966-1980 and for related purposes.
[Assented to 22 May 1981.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the State Transport Short title.
Co-ordination Act 1981.
Commence-
| 2. This Act shall come into operation on a day to be fixed by proclamation. | ment. |
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Interpreta-
| tion. | 3. In this Act unless the contrary intention |
appears
"Co-ordinator General" means the Co-ordinator General of Transport constituted under section 4;
"section" means a section of this Act;
"State Government Department" includes any department established under the Public Service Act 1978, State trading concern, State instrumentality, State public utility and any person or body, whether corporate or unincorporate, that, under any Act of the State, administers or carries on a public social service or public utility for the benefit of the State;
"transport agency" means a body responsible for any form of transport within the State which is responsible to the Minister in respect of its operations;
"Transport Strategy Committee" means a Com- mittee established by that name under section 9.
Co-ordinator
(1) There shall be a Co-ordinator General of (2) The Co-ordinator General is responsible, subject to the general control of the Minister, for the administration of this Act.
| General of | 4. |
| Transport. | Transport for the purposes of this Act who shall be appointed and hold office as provided in section 5. |
| Appointment |
| and removal | 5. | (1) The Co-ordinator General |
| of | ||
| Co-ordinator |
| General. | (a) shall be appointed by the Governor for such period, not exceeding 7 years, as the Governor determines and is eligible for re- appointment; and |
| 1981.] | State Transport Co-ordination. [No. 14. subject to this section, shall hold office for the term for which he is appointed. |
(b)
(2) The salary and allowances of the Co-ordinator General shall, except during any period when section 6 of the Salaries and Allowances Act 1975 applies thereto, be such as the Governor may from time to time determine.
(3) Where the Co-ordinator General
| (a) | resigns, and his resignation is accepted by the Governor, or, having attained the age of 65 years retires, or dies; |
| (b) | becomes of unsound mind or is certified or declared, under any law relating to mental health, as being an infirm person or incapable of managing his affairs; or |
| (c) | becomes physically incapacitated to the extent of being unable to carry out the duties of his office, |
his office becomes vacant.
(4) Where the Co-ordinator General
| (a) | is absent from his duties for a period of at least one month, without the leave of the Minister; |
| (b) | becomes bankrupt, avails himself, as a debtor, of any law for the relief of bankrupt debtors or compounds with his creditors; |
| (c) | without the consent of the Minister, participates, or claims to be entitled to participate, in any profit, commission, benefit or emolument arising directly or indirectly from any contract or agreement made by, or on behalf of the Crown, whether the profit, commission, benefit or emolument is that of, or is derived by, a party to the contract or agreement or not; or |
(d) is guilty of misbehaviour,
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the Governor may suspend him from office and the Minister shall thereupon cause a full statement of the grounds for the suspension to be laid before each House of Parliament within 6 sitting days of the House next following the suspension.
(5)
If each House of Parliament resolves, within 21 sitting days after the day on which a statement has been laid before it pursuant to subsection (4) of this section, that the Co-ordinator General is to be restored to office, his suspension is terminated and he shall be restored accordingly; otherwise the Governor may remove him from office.
(6) Unless the Governor otherwise directs, the Co-ordinator General is entitled to remuneration in respect of the period of his suspension.
(7) The Co-ordinator General shall not be removed from office except as provided by this section.
Terms of
| service. | 6. |
Subject to section 5, the terms and conditions of service of the Co-ordinator General shall be determined by the Minister on the recommendation of the Public Service Board.
Appointment
In the case of a vacancy in the office of Co-ordinator General or the illness, absence or suspension of the Co-ordinator General, the Governor may appoint a person to act as Co-ordinator General during the vacancy, illness, absence or suspension and a person so acting shall have all the powers and shall perform all the duties of the Co-ordinator General.
| of acting | 7. |
Co-ordinator
General
Duties of the
| Co-ordinator | 8. The Co-ordinator General shall |
| General. |
| (a) | recommend to the Minister measures for achieving co-ordination of the various forms of transport in the State; |
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| (b) | report to the Minister on transport policy or changes in transport policy and measures for achieving policy objectives; |
| (c) | report to the Minister on trends and deve- lopments relating to transport within the State and elsewhere and on transport requirements within the State; |
| (d) | provide assistance to the transport agencies when requested by the Minister or the agencies in the development and applica- tion of appropriate planning techniques and in the establishment and maintenance on a continuing basis of detailed plans for resource use, operations and, where appropriate, marketing; |
| (e) | assist and advise the Minister in his examination of the plans referred to in paragraph (d) of this section; |
| (f) | report to the Minister on sources and uses of funds for the advancement of transport in the State in order to meet both the Ministers need for advice on such matters and any such need which from time to time the Treasurer may have; |
| (g) | undertake, either directly or in association with other bodies or by the use of consul- tants, such research relating to transport as the Minister may require or as are considered necessary by the Minister to enable the Co-ordinator General to perform his duties under this Act; and |
| (h) | undertake such other duties relating to transport within the State, not being inconsistent with this Act, as the Minister may from time to time require. |
9. (1) The Minister may, by instrument in Ritsegt
writing, establish such number of Transport Committees. to time to be desirable for the purposes of this Act.
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(2) The function of a Transport Strategy Com- mittee shall be to advise the Minister with respect to such matters relating to transport policy as are specified in the instrument by which the Committee is established.
(3) Subject to subsection (4), a Transport Strategy Committee shall continue in existence for such period as may be specified in the instrument by which it is established or if no such period is specified for such period as the Committee requires to com- plete its functions.
The Minister may at any time by instrument
in writing vary or revoke an instrument made under
subsection (1) of this section.
(4)
(5) The Minister may appoint such persons as he thinks fit to be members of a Transport Strategy Committee and may at any time remove a member of a Committee.
(6) A member of a Transport Strategy Committee may resign at any time by notice in writing delivered to the Minister.
(7) The Co-ordinator General shall be the chair- man and a member of every Transport Strategy Committee, but if he is unable to attend a meeting of a Transport Strategy Committee a person appointed by him as acting chairman (whether generally or for a particular meeting) shall be the chairman for and preside at that meeting and shall be deemed for all purposes, while he acts as such, to be a member of the Committee.
The Co-ordinator General shall provide to every Transport Strategy Committee such support services as the Committee may reasonably require to enable it to perform its functions.
(8)
(9) Where it is determined by the Minister that a member of a Transport Strategy Committee shall be entitled to remuneration or to any travelling or other allowance, it shall be fixed by the Minister on the recommendation of the Public Service Board.
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(10) Subject to any directions which may have
been given in writing by the Minister, a Transport
Strategy Committee may regulate its own procedure.
10. For the purpose of assisting the Co-ordinator tOr:anfator
General to carry out the duties imposed on him by General. this Act, the Co-ordinator General
| (a) | may demand and obtain from any State Government Department such information as he may from time to time require con- cerning the operation and conduct of that Department so far as it relates to any form or means of transport within the State; and |
| (b) | has the powers, authority and protection of the Chairman of a Commission or a Com- missioner under the Royal Commissions Act 1968 and the provisions of that Act apply, subject to the necessary changes, to any investigation and inquiry that the Co- ordinator General may make for the purposes of this Act. |
11. (1) The Minister may appoint such staff as Aztoolpment
may in his opinion be necessary for the due
administration of this Act.
(2)
The terms and conditions of service of staff
so appointed shall be determined by the Minister on
the recommendation of the Public Service Board.
(3)
The Co-ordinator General may, with the consent of the Minister administering any State Government Department, make use of the services of any person employed in that department for the purpose of administering this Act.
12. Where any person appointed, or of whom the Vg le trss °off
services are used, pursuant to this Act is an officer Llrbvli:e
within the meaning of the Public Service Act 1978,
| No. 14.] State Transport Co-ordination. | [1981. |
or an officer of a State Government Department, the appointment does not affect the operation of that or of any other Act that may apply to that person, as such an officer or his rights under them or any of them.
Unlawful
| disclosure | 13. A person who discloses any information or |
| of informa- |
| tion. | opinion that has been furnished to or obtained by a Transport Strategy Committee in confidence commits an offence unless the disclosure is made |
| (a) | with the consent of the person providing the information or expressing the opinion; |
Or
| (b) | in connection with the administration of this Act and with the prior permission of the Co-ordinator General. |
Penalty: $200.
Annual
| report. | 14. (1) The Co-ordinator General shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the proceed- ings and work of the Co-ordinator General and every Transport Strategy Committee during the year ended on that date together with any comments which the Co-ordinator General may wish to make relating to the administration or operation of this Act. |
| (2) The Minister shall cause the annual report to be laid before each House of Parliament within 15 sitting days of that House after he has received the report. |
| Repeal. | 15. The State Transport Co-ordination Act 1966- |
1980 is repealed.
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References
| 16. A reference in any Act or regulation to the | to Director General of |
| Director General of Transport constituted under the | Transport in other |
| Act repealed by section 15- | written laws. |
| (a) | shall, unless the context otherwise requires, be read and construed as a reference to the Co-ordinator General; and |
| (b) | on a reprint of the Act or regulation pursuant to any Act may be altered accordingly. |
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