State Transport Co-ordination Act Amendment Act 1948 (WA)

1948.] State Transport Co-ordination [No. 59.

STATE

TRANSPORT CO-ORDINATI(

12° and 13° GEO. VI., No. LIX.

No. 59 of 1948.

AN ACT to amend the State Transport Co-ordination

Act, 1933-1946.

[Assented to 21st January, 1949.]

BE 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 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 Co- Short title.

ordination Act Amendment Act, 1948, and shall be read as one with the State Transport Co-ordination Act, 1933-1946 (Act No. 42 of 1933 as reprinted with amend- ments to and including Act No. 9 of 1940 incorporated, pursuant to the provisions of the Amendments Incor- poration Act, 1938 in Volume 2 of the Reprinted Acts of the Parliament of Western Australia, 1943, and further amended by Act No. 4 of 1946), hereinafter referred to as the principal Act.

No. 59.] State Transport Co-ordination. [1948.

Citation of

principal Act	2. The principal Act as amended by this Act may be
as amended

by this Act.

cited as the State Transport Co-ordination Act, 1933-

1948.

Amendment

of s. 3. 3. Section three of the principal Act is amended by

(a) adding after the word "goods" in line five of the interpretation, "Commercial goods vehicle" the words "and includes any such vehicle so used or operated or used or intended to be used by or on behalf of the Crown for the carriage of goods for hire or reward and whether in connection with a rail- way or otherwise.";

(b) adding after the word "fares" in line three of the interpretation, "Omnibus" the words "and includes any such vehicle or a trolley-bus so used or intended to be used by or on behalf of the Crown and whether in connection with a railway or tramway or otherwise.";

(c) by deleting from the interpretation, "vehicle"

the words "or a trolley-bus operated by or on

behalf of the Crown" in lines six and seven.

Amendment

of s. 5.	4. Section five of the principal Act is amended by
Cf. s. 10,

Proviso to	adding after the word "property" in subsection (1),
nara. (d).	line nine, the words "and, subject to the Minister except as provided in the proviso to paragraph (d) of section ten of this Act, shall be responsible for the administra- tion of this Act."
Amendment

of s. 10. 5. Section ten of the principal Act is amended by

adding after the word "tenders" in paragraph (d), line

fourteen, a proviso as follows:

Provided that when an application for a new license is made by or on behalf of the Crown the Board shall exercise the powers conferred upon it by the provisions of this section.

Amendment

of a. 16. 6. Section fifteen of the principal Act is amended by

(a) inserting before the word "There" in line one

the figure one in brackets thus (1) ;

1948. ] State Transport Co-ordination. [No. 59.

(b) adding after the word "Schedule" in the last line of paragraph (b) subsections as fol- lows :-

(2) The Board may at any time vary the fee determined by it for any license.

(3) The Board may refund the whole or any part of any license fee paid in respect of any commercial goods vehicle where the vehicle has not been operated in the manner or to the extent contemplated when the license was issued.

(4) Subject to the provisions of this Act r; oreeenssfeosrfor

and notwithstanding the provisions of the no/1= er_

Government Railways Act, 1904-1947, Vetligloechds section seventy-nine, the Government Tram- i'llleflond„by ways Act, 1912-1933, section twenty and the .g.tfclatlIt,,.

Government Ferries Act, 1932, section nine- IsPo.a;igi ;kit

teen, there shall be payable to the Board in 'AM40,:,22,of

respect of every omnibus and commercial alo912d.si419,

goods vehicle operating or used or intended I's'.

to be used pursuant to any of the provisions

of those Acts, the fees referred to in the

last preceding subsection.

Amendment

7. Section twenty-seven of the principal Act is of s. 27.

amended by

(a) inserting before the word "The" in line one,

the figure one in brackets thus "(1)";

(b) adding after the word "Board" in paragraph

(e), line two, a subsection as follows :—

(2) The Board may add to, vary, or cancel any of the conditions attached, pursuant to the provisions of the last pre- ceding subsection, to any omnibus license.

Repeal of

8. Section twenty-eight of the principal Act is s. 28.

repealed.

Repeal and

9. Section twenty-nine of the' principal Act is repealed

re-enactment

of s. 29.

and substituted by the following:-

Power to

29. (1) A license for an omnibus may be granted

grant

omnibus

for a period of not more than seven years, but the

licenses for

period of

provisions of this section shall not affect the power

seven Milt

No. 59.] State Transport Co-ordination. [1948.

of the Board to grant a license temporarily for any

particular purpose of limited duration.

(2) No transfer of a license for an omnibus shall be granted unless and until the Board is satisfied that no money or other consideration by way of premium or otherwise is to be paid or given for the transfer of the portion of the term of the license remaining unexpired.

Extension of

radius under	10. Section thirty-four of the principal Act is
which

vehicles	amended by
may claim

exemption. (1) substituting for the word "fifteen" wherever

it appears, the word "twenty";

Staging

prohibited.	(2) adding a subsection as follows:
N.S.W. Geo.

V. No. 32 of	(4) For the purpose of paragraphs (a) where goods are transhipped from one vehicle to another or are carried by a vehicle to a receiving depot and are carried from the place of transhipment or from that depot by another vehicle, the whole journey shall be regarded as one journey and each vehicle taking part in it shall be regarded as having undertaken the whole journey.
1931.
Section 18	and (b) of subsection one of this section,
'8).
Amendment

of s. 40. 11. Section forty of the principal Act is amended

by

(a) inserting before the word "The" in line one,

the figure one in brackets thus "(1)";

(b) adding after the word "interest" in paragraph

(c), line two, a subsection as follows

(2) The Board may add to, vary, or cancel any of the conditions attached, pursuant to the provisions of the last preceding subsection, to any commercial goods vehicle license.

Repeal of

.; 41. 12. Section forty-one of the principal Act is repealed

1948.] State Transport Co-ordination. [No. 59.

13. Section sixty of the principal Act is amended o im

sencdom . e n

by

(a) inserting in subsection (1) after the word-

(i)    "received" in paragraph (a), line two, the words ", otherwise than from the Crown," ;

(ii)    "bonds" in paragraph (e), line two, the words ", other than those executed by or on behalf of the Crown,";

(b) inserting the words "subject to the provisions of subsections (4) and (5) of this section" after the word "paid" in subsection (2), line one ;

(c) adding after subsection (3), subsections as

follow

(4) There shall be placed to the credit of

a separate account in the Fund

(a)	subject to the express provisions of subsection (5) of section eleven of this Act, all moneys received by the Board from the Crown in respect of premiums or licenses granted pursuant to the provisions of this Act or both and for fees payable under those provisions ;
(b)	any moneys recovered by the Board from the enforcement of bonds executed for or on behalf of the Crown as provided for in section twelve of this Act.

(5) (a) For the purposes of this sub-

section

"administration" means the amount of

cost of administratipn , of this Act;

"per centage" means an amount equal to ten per centum of the moneys placed to the credit of the separate account in the Transport Co- ordination Fund;

No. 59.] State Transport Co-ordination. [1948.

"superannuation" means the amount of the contributions to the Super- annuation Fund referred to in subsection (2) of tins section;

"total" means the total amount of administration plus superannua- tion.

(b) The per centage shall be apportioned

into two parts

one of which shall bear the same ratio to the percentage as the adminis- tration bears to the total, and shall be applied on account of the administration; and

the other of which shall bear the same ratio to the percentage as the superannuation bears to the total, and shall be applied on account of the superannuation.

(6) (a) For the purposes of this sub-

section

"balance" means the amount of the balance, remaining at the end of any financial year, of the moneys placed to the credit of the separate account in the Transport Co- ordination Fund;

"commercial fees" means the amount of the license fees, derived from licenses issued to or on behalf of the Crown in respect of commercial goods vehicles;

"omnibus fees" means the amount of the license fees, derived from licenses issued to or on behalf of the Crown in respect of omnibuses; "total" means the total of commercial

fees and omnibus fees.

(b) At the end of the financial year the balance shall be apportioned into two parts-

1948.] State Transport Co-ordination. [No. 59.

one of which, shall bear the same ratio to the balance, as the omnibus fees bear to the total, and shall be applied in the same manner, as that provided for the application of the portion referred to in para- graph (a) of subsection (3) of this section; and

the other of which, shall bear the same ratio to the balance, as the com- mercial fees bear to the total, and shall be applied in the same man- ner, as that provided for the application of the portion referred to in paragraph (b) of subsection (3) of this subsection.

14. The principal Act is amended by adding after S. 62 added.

section sixty-one a section as follows:-

Government

62. (1) For the purposes of this section, Departments.

"Government Department" includes a Minister of	Minister andBoard to
the Crown acting in his official capacity, any State	confer and
co-operate
Government Department, State trading concern,	with other
departments.
State instrumentality, State public utility and any	52 of 1945,
other person or body, whether corporate or non-	60 of 19.15

59.

corporate, who or which, under the authority of an Act of Parliament administers or carries on for the benefit of the State any public social service or public utility.

Where the exercise of any rights, powers or authorities, or the discharge of any duties by the Minister or the Board may affect the exercise of any rights, powers or authorities, or the discharge of any duties by any other Government department, the Minister and the Board shall, so far as prac- ticable, confer and co-operate with such department.

(2)

(3) Any question, difference or dispute arising, or about to arise, between the Minister or the Board and any other Government department with respect to the exercise of any rights, powers or authorities, or the discharge of any duties by any or all of them may be finally and conclusively determined by the Governor.

No. 59.] State Transport Co-ordination. [1948.

Amendment

of First	15. The First Schedule to the principal Act is
Schedule to

exclude	amended by
commercial

goods vehicles	(a) adding after the word "purposes" in paragraph
operated by

the Crown	six the words "other than the carriage of
or a local
authority and	goods for hire or reward";
to include
furniture
carrying

vehicles.	(b) adding after paragraph three a paragraph as
Victoria

Geo. VI. No.	follows :-
5220 section

9  3A. The carriage of bees, bee hives, honey, bees wax and beekeepers' requisites and appliances in the course of the produc- tion of honey in a vehicle owned by the pro- ducer thereof.

(c) adding after paragraph six a paragraph as

follows :-

6A. The carriage of household furniture or personal effects of a householder or a member of his family when the furniture or effects are being moved

(a) from residence to residence;

(b) from storage to residence;

(c) from residence to storage or sale;

(d) from a vendor to the residence of

the purchaser.

(d) adding after paragraph 12 a paragraph as

follows:—

13. The carriage of any such goods as may, from time to time, be prescribed by regulation, if the goods are of the same or a similar kind as or to those mentioned in the preceding paragraphs of this Schedule.