Sydney Harbour Transport Act 1951 (NSW)

SYDNEY HARBOUR TRANSPORT ACT.

Act No. 11, 1951.

George VI. An Act to make provision for the continuance

Ho. ^951.

certain ferry s rvices on Sydney Har bour ; to constitute a body corporate under the name of the Sydney Harbour Transport Board; to make provision for the purchase by that Board of certain of the assets of Sydney Ferries Limited; to authorise that Board to arrange for the conduct of ferry services on Sydney Harbour and to confer and impose upon it certain other powers, authorities, duties and functions; and for ipurposes connected therewith. [Assented Id, 2Dth June, 1951.]

Sydney Harbour Transport Act.

T>E 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 New South

Wales in Parliament assembled, and by the authority of

the same, as follows:—

PART I.

'	P eeliminakt.

1. This Act may he cited as the “ Sydney Harbour short title.

Transport Act, 1951” .

2 . In this Act unless the context or subject matter intcrprc-

otherwise indicates or requires— ■

tation.

“ Board” means the Sydney Harbour Transport Board constituted under this Act.

“ Member” means member of the Board.

“ Prescribed” means prescribed by this Act or by

the regulations made thereunder.

“ Sydney Ferries Limited” means the company incorporated under that name in New Soutli Wales under and in accordance with the Companies Acts.

3 . This Act is divided into Parts as follows;—	Division
into Parts,.

PART

I.— P r e l im in a r y .

PART

II.— S yd n ey

H aebour

T r a n spo et

B oard.

D iv isio n	1— Constitution.
D iv isio n	2— Powers and functions.

PART

III.— F in a n c e .

D iv isio n 1— Borrowing powers.

D iv isio n 2— xiccounts and audit.

PART

IV.—G e n e r a l .

PART

72 Sydney Harbour Transport Act.

Ho. ^1951.

PART II.

S yd n ey

H arbour

T ra n spo rt

B oard.

D iv isio n

1.— Constitution.

Constitution

4 . (1) There shall be a Sydney Harbour Transport

of Board.

Board which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act.

•	in the exercise and discharge of such powers, autho rities, duties and functions, the Board shall be subject in all respects to the control and direction of the Minister.

(2)	(a) The Board shall consist of three members

who shall be the persons who for the time being respec tively hold the offices of Director of Transport and Highways, President of the Maritime Services Board of New South Wales, and Under Secretary of the Treasury.

(b) A member of the Board may by writing under his hand appoint a person to act in his place at all meetings of the Board or at any particular meeting or class of meetings or at all meetings other than a par ticular meeting or class of meetings, and such person, while so acting, shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed by this Act upon the member by whom he was so appointed.

(c) Each member of the Board and each person appointed pursuant to paragraph (b) of this subsection shall be entitled to receive such travelling or other expenses as the Governor may determine.

(3)	The Director of Transport and Highways shall

be the chairman of the Board.

Board to	5 .	(1) The Board shall be a body corporate with
be body

corporate	perpetual succession and a common seal, and may sue and
—Proceed	be sued in its corporate name, and shall be capable of
ings of
Board.	purchasing, holding, granting, demising, disposing of or otherAvise dealing with real and personal property and of doing and snffering all such acts and things as bodies corporate may by law do and suffer.

(2)	The corporate name of the Board shall be “ The

Sydney Harbour Transport Board’’.

(3)

Sydney Harbour Transport Act.

(3) For the purposes of any Act the Board shall be deemed a statutory body representing the Crown.

(4) The common seal shall he kept in the custody of the chairman and shrdl not he afhxed to any instrument except in pursuance of a resolution of the Board.

Any instrument executed in pursuance of any such resolution shall be attested by the signatures of any two members.

(5) (a) The procedure for the calling of meetings of the Board and for the conduct of business at such meetings shall be as determined by the Board.

(b) Two of the members shall form a quorum, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and sliall have and may exei’cise and discharge all the powers, authorities, duties and functions of the Board.

A decision of a majority of the members present at a

meeting of the Board shall be the decision of the Board.

(c) At any meeting of the Board the chairman shall preside. In the absence of the chairman, the President of the Maritime Services Board of New South Wales shall preside as chairman.

At any meeting of the Board the chairman or the member presiding as chairman (as the case may be) shall have a deliberative vote, and if the voting is equal, a, casting vote.

(6) The Board shall cause full and accurate minutes to be kept of its proceedings at formal meetings, and submit to the Minister a copy of the minutes of each formal meeting within one week after the date on which each such formal meeting is held.

(7) No act or proceeding of the Board shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced, there was a vacancy in the office of a member.

(8) (a) No matter or thing dons, and no contract

entered into by the Board, and no matter or thing done

by any member or by any other person whomsoever

acting

fJ4

%dney Harbour Transport Act.

Ho. It, 1951. acting under the direction of the Board shall, if the matter

or thing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action, liability, claim, or demand whatsoever.

(b) Nothing in this subsection shall exempt any member from liability to be surcharged wdth the amount of any payment which is disallowed by the Auditor-General in the accounts of the Board, and which such member authorised or joined in authorising.

D iv is io n

2 .— Powers

and functions.

Powers and

(1) The Board shall, subject to this Act, take all

functions.

such steps as it may deem necessary to provide for the continued operation of the ferry services which, immediately before the appointed day, were carried on by Sydney Ferries Limited.

(2)	The Board may acquire by purchase from

Sydney Ferries Limited for the sum of twenty-five thousand pounds the ferries and other assets which that company agreed to sell on the thirteenth day of June one thousand nine hundred and fifty-one. The contract of purchase may be made on such terms and conditions as may be agreed upon.

The ferry services operated with the ferries and other assets so purchased are in this section hereinafter referred to as “ the jturchased ferry services” .

(.3) The Board may, from time to time, enter into an arrangement with any person or body of persons corporate or unincorporate for the management and operation by that person or body of persons, upon such terms and conditions as may be agreed upon, of the ])urchased ferry services or of any ferry service estab lished by the Board.

(4)	Any such agreement made with respect to the

purchased ferry services shall expressly provide for the transfer of the employees of Sydney Ferries Limited to the service of the person or body of persons undertaking the management and operation of the services, upon terms and conditions of employment not less favourable than those to which they were subject on the first day of June, one thousand nine hundred and fifty-one.

(5)

Sydney Harbour Transport Act.

(5) The Board may, from time to time—

1951.

(a)	extend or alter or discontinue any of the purchased ferry services;

(b) establish any new ferry service;

(c)	conduct any business arising out of or ancillary to the conduct and operation of ferry services and construct any works or acquire any works or property, real or personal, and maintain and operate the same for tlio purpose of conducting any such business;
(d)	acquire any land or interest in land and erect or adapt any buildings or installations thereon which may be necessary or convenient for or in connection with the conduct or operation of any of the ferry services or any such business;
(e)	acquire either absolutely or on lease any vessels, wharves, plant, machinery or equipment which may be necessary or convenient for or in connection with the conduct or operation of any of the ferry services or of any such business and dispose of the same when, in the opinion of the .

Board, they are no longer required for such purposes.

(6) The Board may, with the approval of the

Governor—

(a)	sell and dispose of any land vested in the Board;
(b)	sell and dispose of all or any of the purchased ferry servnees, or all or any of the ferry services established by the Board. ,

7 . (1) The Board maj ̂make and enter into contracts Contracts,

or agreements with any person for the performance of such services or for the supply of vessels, plant, machinery or equipment required for or in connection with the exercise or discharge by the Board of its powers, authorities, duties ana functions under this Act.

(2)	All persons contracting with the Board shall be

•deemed for the purposes of the Constitution Act, 1902,

to be public contractors.

(3). ,

76 Sydney Harbour Transport Act.

Ho. 11 ,1951.

3̂ ̂ Any contract or agreement authorised by this

or any other section of this Act shall be in the name of the Board and may be made as follows, that is to say—

with respect to any contract which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith or in writing and under seal the Board may make such contract in writing and under its common seal and in the same manner may vary or discharge the same;

with respect to any contract which if made between private persons would by law be valid although made- by parol only and not reduced into writing the chairman of the Board may make such contract by parol only without writing and in the same manner may vary or discharge the same.

Officers and

8 . (1) The Board may appoint and employ such

servants.

officers and servants as may be necessary for carrying^

out the provisions of this Act.

(2) The Board may employ, in an advisory or consulting capacity, and so use the services of any person or persons not employed in the Public Service or in any of the departments into which the Ministry of Transport is divided under the Transport (Division of Functions)

Act, 1932-1947, or in the Maritime Services Board of New South Wales, at such remuneration as may in any such case be fixed by the Board.

(3) For the purposes of this Act the Board

with the approval of the Public Service Board or of the

Minister administering any of the departments into which the Ministry of Transport is divided under the Transport (Division of Functions) Act, 1932-1947, or the Maritime Services Board of New South Wales may, on such terms as may be arranged, make use of the services of any officer or employee of any Government Department or of any of the departments into which the IMinistry of Transport is so divided, or of the IMaritime Services- Board of New South Wales, as the case may be.

PAPTT

Sydney Harbour Transport Act.

PART III.	No. 11, 1951.
F i n a n c e .

D iv is io n

1 .— Borrowing

poivers.

9. (1) For the temporary accommodaticn of the Temporary

Board it may obtain advaiieos by overdraft of current

account in any bank or banks upon the credit of the cf. A etN o.

Board’s funds to sucli extent as may from time to time

be approved by the Governor.	’ ’
(2) The Treasurer may advance such moneys to the Board as the Governor may approve upon such terms and conditions as to repayment and interest as may be agreed upon.
(3) The Board may subject to the conditions and upon the terms prescribed receive money on deposit at short call or on fixed deposit.

10. The Board may from time to time with the T̂irposes

approval of the Governor borrow money for—	inoueymay
1)C

(a)

any purpose of or connected with the exercise or i.orrowed. duties and functions under this Act;

(b) the renewal of loans; and

(c)

the discharge or partial discharge of any indebtedness to the Treasurer or to any bank.

1 1 . Loans to the Board shall be deemed to be secured Security

for loans.

upon the income of the Board from whatever source	Ibid.
arising.	sec. 74.

12. (1) There shall be a reserve for loan repayment Eeŝ r̂ves

in every fund of the Board in respect to ivliich any poyment.

renewal or other loan or any part thereof has boon raised ihui.

by the Board.	■
(2) The Board shall during each year transfer to the reserve for loan repayment from the monej^s of the appropriate fund a sum not loss than the Board in its application for approval of the loan intimated that it proposed to set apart as aforesaid.

(3)

78 Sydney Harbour Transport Act.

Mo. a, 1951.

(3 ) Where any land or property of any kind which has been provided out of loan moneys is sold before- the loan has been wholly repaid the net proceeds of the sale shall be added to the reserve for loan repayment in the appropriate fund or paid directly to the lender or used for the provisiou or purchase of other land or property chargeable upon the fund to which the proceeds belong.

(4) Moneys held as reserve for loan repayment may be invested in Government securities of the Commomvealth of Australia or of the State of New South Wales, or in debentures or inscribed stock in any loan of the Board, or in any securities guaranteed by the Government of the said State, or in debentures or securities issued by the Sydney County Council or the Sydney City Council, or in such other securities as the Governor may approve or as may bo prescribed in each, case at their current market price. Anj" interest or profits realised on such investments shall be added to and form

•

part of the reserve for loan repayment. All moneys paid into the reserve for loan repayment in any fund may be applied in or towards repayment of any renewal or other loan raised in respect of the same fund, but except where otherwise yjrovided may not be applied for any other purpose.

(5) Where the Board decides to cancel debentures and inscribed stock of the Board purchased from the reserve for repayment of the loan for which they were issued, then, in addition to the sums otherwise ]iayable to the reserve for loan repayment in respect of that loan, the Board shall, subject to any agreement to which it is a party whereby it undertakes to pay interest at a higher rate to such reserve, pay to such reserve interest at the rate of four and one-half per centum per annum on the face value of the cancelled securities from the date of their cancellation until the maturity of the loan.

(6)	If after a loan raised in respect of any fund

has been repaid, there remains in the reserve for repayment of that loan any balance, such balance may be transferred to the current account of that fund.

(7)

Sydney Harbour Transport Act,

7»

(7)	The reserve for loan repayment shall not be

subject to seizure in satisfaction of any debt other than for loans primarily charged on the income of the fund in which the reserve is provided.

1 3 . (1) For securing repayment of the principal and Debentureŝ

interest on any money borrowed, the Board may issue

debentures or inscribed stock as prescribed by the

1924

regulations.	sec. 76.
(2) Every such debenture and every coupon originally annexed to the debenture and whether separated therefrom or not shall be transferable by simple delivery.
(3) Inscribed stock shall be transferable in the books of the Board in accordance with the regulations. (4) Debentures or inscribed stock issued under this Act shall both as regards the issue and transfer thereof for full consideration in money or money’s wortli be deemed to be included in the general exemptions from stamp duty under Part III of the Stamp Duties Act, 1920-1949, contained in the Second Schedule to that Act. (5) The holder of a couiwn originally annexed to a debenture and whether sejiarated therefrom or not shall be entitled to receive payment from the Board of the interest mentioned in the coupon upon the presentation of the same on or after the date when and at the place
where the interest is payable.
(6) The due repayment of the debentures and stock and the interest thereon shall be a charge upon the income and revenue of the Board and is hereby guaranteed by the Government. Any liability arising from such guarantee shall be payable out of moneys provided by Parliament. Such charge shall not prejudice or affect the power of the Board to sell or convey any property vested in it free of any such charge.

1 4 . (1) Any trustee unless expressly forbidden by the Trustees,

instrument (if any) creating the trust, may invest any ‘bid.

trust moneys in his hands in stock inscribed by the Board,

and the investment shall be deemed to be an investment

authorised by the Trustee Act, 1925, or any Act amending

or replacing that Act.

( 2)

so	Sydney Harbour Transport Act.

Ko 11. 1951.	(2) Any debenture issued or stock inscribed by the Boai’d shall be a lawful investment for any moneys which any company, council, or body corporate incorporated by any Act of the Parliament of New South Wales is authorised or directed to invest in addition to any other investment expressly provided for the investment of such moneys.
(3) No notice of any trust expressed, implied, or constructive, shall be received by the Board or by any servant of the Board in relation to any debenture or coupon issued or stock inscribed by the Board.

Lost deben	15.	(1) If any debenture issued by the Board is lost
tures,

cf. Act No.	or destroyed or defaced before the same has been paid,
50, 1024,	Uie Board may, subject to the provisions of this section,
sec. 79.	issue a new debenture in lieu thereof.
(2) The new debenture with interest coupon annexed shall bear the same date, number, principal sum, and rate of interest as the lost, destroyed, or defaced debenture.
(3) When the debenture is lost or destroyed the new debenture shall not be issued unless and until—

(a)	a jud^e of the Supreme Court has been satisfied by affidavit of the person entitled to the lost or destroyed debenture, or of some person approved by the judse, that the same has been lost or destroyed before it has been paid off;
(b)	such advertisement as the judge may direct has been published;
(c)	six months have elapsed since the publication of the last of the advertisements; and
(d)	sufficient security has been given to the Board to indemnify it against any double payment if the missing debenture be at any time thereafter presented for payment.

(4) When the debenture is defaced the new debenture shall not be issued unless and until the defaced debenture is lodged with the Board for cancellation.

(5) The provisions of this section shall, mutatis mutandis, extend to the case of a lost, destroyed, or defaced coupon.

Sydney Harbour Transport Act.

1 6 . (1) If for six months default is made by the No. ii, I95l>

Board in making any payment, whether of principal or interest, to the holder of any debenture, or coupon, issued or stock inscribed by the Board, the holder thereof may apply to the Supreme Court in its see. so.

equitable jurisdiction, in accordance with rules of court, for the ai)pointment of a receiver of the income of the Board.

(2) A receiver may be appointed in respect of the income of the Board either generally or as regards specified income.

(3) The Court may make such orders and give such directions as it may deem proper for and with respect to—

(a) the appointment of a receiver;

(h) the removal of a receiver;

(c)	the appointment of a receiver in place of a receiver previously appointed.

(4) The receiver shall be deemed to he an officer of the Court, and shall act under its directions.

1 7 . (1) A receiver shall have power to collect all Powers ana

income payable to the Board which he has by order of

the Court been so authorised to collect and for the pur-

poses of this subsection the receiver shall be deemed to sec. 8 i.

be the Board, and may exercise all the powers of the

Board.

(2) The receiver shall discharge such duties of the Board or of any servants of the Board as may be prescribed.

1 8 . The receiver shall be entitled to such commission commission

or remuneration for his services as the Court may order, to receiver,

and the commission or remuneration shall be payable

out of the income for and in respect of which he has been sec. 82. ’

appointed receiver.

1 9 . The receiver shall, subject to any order of the Application

Court, pay and apply all moneys received by him in the

following order, that is to say—

83_

(a)

firstly, in payment of the costs, charges, and expenses of collection, and of his commission or

remuneration;

(b)

Sydney Harbour Transport Act.

«o. 11,1951.	(b)	secondly, in the payment of the amount due and payable to the holder of the debenture or inscribed stock or coupon, as the case may be;
(c)	thirdly, in payment of all the residue of the moneys to the Board.

Protection

2 0 .

(1)

A person advancing money to the Board shall

not be bound to inquire into the application of the money

No. 50,	advanced, or be in any way responsible for the non
1924,
«ec. 85.	application or misapplication thereof.

(2)	A notification in the Gazette of the approval

of the Governor having been given to a borrowing by the Board shall, in favour of a lender and of any holder of a security given by the Board, be conclusive evidence that all conditions precedent to the borrowing have been complied with.

Debentures 2 1 . All debentures, bonds, or other securities which

ranî parf*̂ ° are Secured upon the income and revenue of the Board passu!̂ shall rank pari passu without any preference one above

Ihid.	another by reason of priority of date or otherwise.
sec. 85a.

Penalty for	2 2 . If the Board borrows any money without having
illegal

borrowing.	first obtained the approval of the Governor, each member
Ibid..	of the Board holding office who has knowingly and
«ec. 86.	wilfully or for personal benefit or advantage, consented to the borrowing shall be liable to a penalty of five hundred pounds.
The action to recover the penalty shall not bo taken without the written consent of the Attorney-General.

D iv is io n 2.— Accounts and audit.

Accounts

2 3 . (1) The Board shall cause books to be-provided

generally.

and kept, and true and regular accounts to be entered

<f. Ibid.

eec. 109.

therein in respect of each fund estabfished by it so as

to show—

(a)	the assets, liabilities, income and exjienditure in respect of the fund; and
(b)	the sources of income and purposes of expendi ture in respect of the fund.

(2) The accounts of the Board shall be kept as

prescribed.

Sydney Harbour Transport Act.

2 4 . The expenditure of each fund shall, subject to any

provisions made by or under this Act, be charged against Charging

income and capital as nearly as may be in accordance general?/.^*

with commercial principles. cf. ActNo.

5U, 1924, sec. 110.

2 5 . (1) The Board shall cause to be prepared an annual statement ot accounts and a balance-sheet, each

of which shall be in a foian approved by the Auditor- sec. in. report of its operations.

(2) The Board shall furnish to the Minister a copy of such statement, bahince-sheet and report.

(3) The report shall l)e laid before both Houses

of Parliament.

2 6 . (1) The statement of accounts and balance-sheet Audit,

Ibid.

so prepared shall be audited and reported upon by the	sec. 112.
Auditor-General who shall have in respect to the accounts of the Board all the powers conferred on the Auditor- General by any law now or hereafter to be in force relating to the audit of the public accounts, as well as all powers conferred by this Act.

(2) The Auditor-General shall report to the Board

and the Minister—

(a) whether or not in his opinion—

(i) due provision has been made for the repayment of loans; and

(ii) the value of assets has (so far as he can judge) been in all cases fairly stated; and

(iii) due diligence and care have been shown in the collection and banking of income; and

(iv) the expenditure incurred has been duly authorised, vouched, and supervised; and

(v) proper account has been kept of plant, stores, and materials; and ,

(vi) any of the moneys or other property of the Board have been misappropriated or improperly or irregularly dealt with; and

( b )

84 Sydney Harbour Transport Act.

(b)	as to any other matters which in his judgment call for special notice or which arc prescribed by the regulations.

(3)	Towards defraying the cost and expenses of

the audit by the Auditor-General the Board shall at such periods as the Minister may direct pay to the Treasurer for credit of the Consolidated Bevenue Fund, the amount involved as certified by the Auditor-General.

PART IV.

G e n e r a l .

Judicial

notice of

2 7 . All courts and persons having by law or consent

seal of	of parties authority to hear receive and examine
the Board.	evidence—•
cf. Act No.

13, 1946,

(a) shall take judicial notice of the seal of the Board

sec. 29.

affixed to any documents; and

(b)	shall until the contrary be proved presume that such seal was properly affixed thereto.

Service of

2 8 . Any notice, summons, writ or other proceeding

notice of

proceed	required to be served on the Board may be served by
ings on
the Board.	being left at the office of the Board or, in the case of a
Ibid.	notice, by post.
see. 30.

Documents.	2 9 . Every summons, process, demand, order, notice,
ticated.

How authen

statement, direction or document requiring authentication

Ibid.

by the Board may be sufficiently authenticated without

sec. 31.

the seal of the Board if signed by the chairman of the

Board.

Eecovcry

3 0 . Any penalty imposed by the regulations may be

of penalty.

Ib id	recovered in a summary manner before a stipendiary
sec. 33.	magistrate or any two justices in petty sessions.

Recovery	3 1 .	(1) Any charge fee or money due to the Board
of charges,

etc.	under the provisions of this Act or any regulation may
cf. Act.	be recovered as a debt in a court of competent
No. 20,
1938,	jurisdiction.

sec. 128.

(2)

Sydney Harbour Transport Act.

(2) Proceedings for the recovery of any charge No. li,^95i.

fee or money so due to the Board shall be deemed to be for the recovery of a debt or liquidated demand ■within the meaning of—

(a)	section twenty-four of the Common Law Procedure Act, 1899;
(b)	section sixtv-four of the District Courts Act, 1912-1949; '
(c)	section twenty-five of the Small Debts Eecovery Act, 1912-1933.

3 2 . Board no proof shall be required (until evidence is given

(1) In any legal proceedings by or against the Proof of

to the contrary) of----

required.

(a) the constitution of the Board;

(b) any resolution of the Board;	sec.34.
(c) the apiiointment of any member of the Board;

(d)	the presence of a quorum at any meeting at which any determination is made or any act is done by the Board;
(e)	the appointment of any person to act in the place of a member of the Board or of his authority so to act at any meeting of the Board.

(2) Where in any legal proceedings by or against the Board it apiioars that any person acted in the place of a member of the Board at any meeting, it shall be presumed in the absence of proof to the contrary that he was duly appointed so to act, and that he was authorised so to act at that meeting.

33.

(1) The Board may from time to time in relation

Delogiition.

to any particular matter or class of matters by writing, under its seal, delegate to any member or to any person or authority any of its powers, authorities, duties and functions, except this power of delegation.

(2) A delegate, when acting within the scope of any such delegation, shall be deemed to be the Board. But no delegation shall prevent the exercise or discharge by the Board of any power, authority, duty or function.

(3)

86 Sydney Harbour Transport Act.

Ko. 11.1961.

(3 )

Board may by writing, under its seal,

revoke any delegation made under this section.

(4)	Where the exercise or discharge by the Board

of any power, authority, duty or function is dependent upon the opinion or belief of the Board in relation to any matter, that power, authority, duty or function may be exercised or discharged by the delegate upon the opinion or belief of that delegate.

Notice of	3 4 .	(1) A writ or other process in respect of any
action,

cf. Act No,	damage or injury to person or property shall not be sued
4i,1919,	out or served upon the Board or any member, or any
s. 580.	agent or servant of the Board or any person acting in bis aid for anything done or intended to be done or omitted to be done under this Act, until the expiration of one month after notice in writing has been served on the Board or member, agent, servant or person, as provided in this section.

(2) The notice shall state—

(a) the cause of action;

(b)	the time and place at which the damage or injury Avas sustained; and
(c)	the name and place of abode or business of the intended plaintiff and of his attorney, if any, in the case.

Representa	(3) In the case of damage to property, any person
tive of the

Board to	Avho produces on demand his authority from the Board
be permit	shall be permitted to inspect the property damaged, and
ted to
inspect	all facilities and information necessary to ascertain fully
property	the value of the property damaged, the nature and extent
injured.	of the damage, and the amount of money, if any, expended in repairing the same shall be given to him.
(4) At the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action that is not stated in the notice, and unless the notice has been served the plaintiff shall not be entitled to maintain the action:
Provided that at any stage of the proceedings the court or any judge of the court in Avhich the action is pending

may,

Sydney Harbour Transport Act.

6'3

may, if the court or judge deems it to be just or No. a, I95l.

reasonable in the circumstances so to do—

(a)	amend any defect in the notice on such terms and conditions, if any, as the court or judge may fix;
(b)	direct that any non-compliance or insufficient compliance with this section shall not be a bar to the maintenance of the action.

•

(5) Every such action shall be commenced within the period of twelve months next after the occurring of the cause of action. Such period is in this subsection referred to as the “ prescribed period” :

Provided that Avhere an application is made to a judge of the Supreme Court in accordance with rules of court for an extension of the prescribed period the judge may, if he is satisfied that sufficient cause has been shown, or that having regard to all the circumstances of the case, it would be reasonable so to do, make an order for exten sion of the prescribed period for such further period and subject to such terms and conditions, if any, as may be set out in the order. Such applications for extension may be made either within the prescribed period or at any time within twelve months thereafter.

Any person who is dissatisfied with the decision of the judge on any such application may appeal to the Supreme Court and that court may on the appeal make any order which ought to have been made in the first instance.

Every such appeal shall be made in accordance with rides of court.

(6) The Board, or any member, agent, servant or person to whom any such notice of action is given as aforesaid, may tender amends to the plaintiff, his attorney or agent at any time within one month after service of notice of action, and in case the same is not accepted may plead the tender in bar.

(7) The defendant in every such action may plead the general issue and at the trial thereof give this Act and the special matter in evidence.

88 Landlord and Tenant (War Service) Amendment

Act.

No. 11, 1951. rpijg Governor may make regulations, not Eeguiations. inconsistent with this Act, prescribing all matters which

are by this Act required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations may impose a penalty not exceeding fifty pounds for any breach thereof.

*	(3) The regulations shall—

(a) be published in the Gazette;

(b)

take effect from the date of publication or from a later date to be specified therein; and

(c)

be laid before both Houses of Parliament within fourteen days after publication if Parliament is in session and if not, then within fourteen sitting days after the commencement of the next session.

(4)	If either House of Parliament passes a

resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.