The Gawler to Angaston Railway Act Amendment Act 1910 (SA)

GEORGII V RIEGIS.

A.D. 1910.

No. 1016.

An Act to further amend "The Gawler to Angaston

Railway Act, 1907."

[Assented to, December 7th, 1910.1

it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows: BE

1. This Act may be cited alone as L The Gawler to Angaston shorttitle. '

Railway Act Amendment Act, 1910 "; and The Gawler to

Angaston Bailway Act, 1907 " (hereinafter called the principal No. 942 of 1907.

1909," and this Act may be cited together as " The Gawler to Act "), The Gawler to Angaston Railway Act Amendment Act, NO. 984of 1909.

l016

Angaston Railway Acts, 1907 to 1910."

incorporated therewith; and the Acts mentioned in section 1 and other Acts. 2, This Act is incorporated with the principal Act and all Acts Incor~o~t ionwith

this Act shall be read together as one Act.

3. All earnings after the passing of this Act in respect of the eaminp of the

railway or of any part thereof, and not only the moneys received in t or guarantee pur- railway to be ereditcd

respect of goods carried thereon, shall be carried to The Angaston m.

Railway District Fund," and shall be treated as receipts in respeck Cf. principal Act	of the railway in the accounts by the principal Act required to be as. 16 and 18.
kept of the receipts and working expenses in respect of the railway.

4, When, after the passing of this Act, in the course of the same H81f of all earnings

journey, goods, stock, minerals, parcels, mails, or passengers are ,the, of trafec part1 on

carried partly on the railway and partly on another or other rail- credited. to L,

way S Cf. ibid. a. 17.

I" GEORGII V, No. 1016.

Th Gawler to Angaston Railway Act Amendment Act.-1910.

wajs in the said State, one-half of the earnings on account of such cai~isge on such other railway or railways (in addition to the whole of the earnings on account of such carriage on the railway) shall be carried to the said fund, and shall be treated as receipts in respect of the railway in the said accounts.

What deemed 5. For the purposes of determining what expenses are to be paid

working expensee for out of the said fund, and of keeping the said accounts, the working

pv80f the

guarantee. expenses of or in respect of the railway shall be the following :-

J. The expemes of and incidental to the carriage, loading, and

unloading of goods, stock, minerals, parcels, mails, and

passengers on the railway;

11. The expenses of maintaining the railway, and the works and

conveniences connected therewith or for the purposes

thereof; and

111. Such proportion of the expenses of maintaining, and (subject

to subdivision ( b ) hereof) of repairing and replacing the rolling-stock used for working the railway, as the Com- missioner considers fairly attributable toa the working of the railway;

but shall not include-

( a ) Amounts paid in respect of personal injuries suffered by pas-

sengers, employks of the Commissioner, or other persons on

the railway, whether whilst travelling or not;

( h ) The expenses of repairing or replacing rolling-stock damaged

or destroyed on the railway otherwise than by ordinary

wear and tear; or

(c) Amounts paid in respect of damages to property through fires caused by running trains on the railway:

Provided that in all cases the decision of the Commissioner of Public

Works upon the question whether any item is or is not a working	expense of or in respect of the railway shall be final and conclusive
for the purposes of the principal Act and this Act.

Foregoingprovisicna 6,. Nothing in this Act shall affect the validity of any payment

not to be retroepective. out of the said fund, or of any entry in the said accounts, made

before the passing of this Act; nor shall the foregoing provisions of this Act apply to any payment to be made out of the said fund, or to any entry to be made in the said accounts, in respect of anything which happened before the passing of this Act.

Aocounta under the 7, The said accounts are required merely for the purposes of the

purpoees of special financial provisions of the principal Act (as amended by this menly for

guanntee proriaiona. Act); and it shall not be deemed necessary for such accounts to in

. any way interfere with or affect any other accounts usually kept by the Commissioner, or which he is required to keep, for any other

purpose:

1" GEORGII V, No. 1ot6.

The Gawler to Angaston Railway Act Amendment Act.-1910. -. - -

purpose: Provided that nothing in this section shall affect the validity of any accounts which have been kept or may hereafter be kept.

8. If the total of the receipt0 shown in the said accounts for Provisionfortermi- mating the guarantee.

any period of ten consecutive years is not less than the total of the wirbng expenses shown in tGe said accounts for the same period and interest at the rate of four per centum per annum on the cost of the railway for the same period, the Commissioner shall, as soon as practicable after the termination of such period, by notice pub- lished in I he Gazette, declare that the Angaston Railway District Fund is closed; and thereupon-

( a ) The Treasurer shall transfer the amount standing to the

credit of the said fund to the credit of the revenue of the

South Australian Hailways generally; and

( h ) The provisions of sections 16 to 34, both inclusive, of the principal Act and the provisions of this Act shall cease to apply to, and shall not. again come into force with respect to, the railway and the Railway District.

I n the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Goveinor.

-P---

Adelaide : By authority, R. E. E. Roams, Government Printer, North Terrace.