The Laura to Booleroo Centre Railway Act Amendment Act 1910 (SA)

Case
No judgment structure available for this case.

GEORGII V REGIS.

A.D. 1910.

No. 1014.

An Act to amend ' (The Laura to Booleroo Centre

Railway Act, 1907," and for other purposes.

[Assented to, November ~ o t h,

rpro.]

E it Enacted by the Governor of the State of South Australia,

follows:

B with the advice and consent of the Parliament thereof, as

1, This Act may be cited alone as " The Laura to Booleroo short title.

Centre Railway Act Amendment Act, 1910," and " The Laura to N ~.

941 of 1907.

Booleroo Centre Railway Act, 1907" (hereinafter called the principal Act), and this Act may be cited together as The Laura to Booleroo Centre Railway Acts, 1907 and 1910."

2. This Act is incorporated with the principal Act and all Acts Incorporation.

incorporated therewith; and the principal Act and this Act shall be

read together aa one Act.

3, All earnings after the passing of

this Act in respect of

the ~ l l a a r n i n e ~

of the

ailw way to be credit4

rai1wa.y or any part thereof: and not only the moneys received in tor guarantee

respect of goods carried thereon, shall be carried to "The Laura purpo~e~.

and Booleroo Centre Railway District Fund," and shall be treated !-!! p,","zp;',*ct

as receipts in respect of the railway in the accounts by the principal

Act required to be kept of the receipts and working expenses in respect of the railway.

esnli~ga

4, When, after the passing of this Act, in the course of the same Half oi

of traffic part1 on

journey, goods, stock, minerals, parcels, mails, or passengers are ,, ~, ~ n, , ~ E,

carried partly on the railway and partly on another or other rail- cretw.a

Cf.

ibid., m. 17.

I" GEORGII V, No. 1014.

The h u r a to Booleroo Centre Railway Act Ame?bdm.ent Ad.-1910.

ways in the said State, one-half of the earnings on account of such carriage 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.

m a t deemed

5. For the purposes of

determining what expenses are to be paid

working expensee for

p e 8

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

guarantee.

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

I. The expenses of and incidental to the carriage, loading, and unloading of goods, stock, minerals, parcels, mails, and

passengers on the railway;

.

.

rr. 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 to the working of the railway;

but shall not include-

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

sengers, employ& of the Commissioner, or other persons on

the railway, whether whilst travelling or not;

(6) 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 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.

Foregoing proviaiona

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

not tobemtrospeotive. out of the said fund, or of any entry in the said accounts, made

before the passing of this Act; hor sf;all the foregoing providiom 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 accounte, in respect of anything which happened before the passing of this Act.

Accounts under the

7.

The said accounts are required merely for the purposes of the

Act are merely for

purposes of special financial provisions of the principal Act (as amended by this

g u m t e e providom. 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:

I' GEORGII V, No. 1014.

Th

Laura to Booleroo Centre Railway Ad Amendment Act.-1 9 10.

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

any period of ten consecutive years is not less than the total of the nating the guarantee.

8. If the total of the receipts shown in the said accounts for proviaion for termi-

working expenses shown in the 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 published in the Gazette, declare that the Laura and Booleroo Centre 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 Railways generally; and

( b ) 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.

9. The Commissioner is hereby authorised to spend a sum not Additional expendi-

ture authorised, but

exceeding Thirty Thousand Pounds beyond the limit of Eighty-two ,, ,

be included in

Thousand Five Hundred Pounds fixed bv section 6 of

the ~ r i n c i ~ a l

"cost of the railray."

J

I

I

Act, for the purpose of strengthening the railway and making further works and conveniences for the purposes thereof: Provided that no moneys spent under the authority of this section shall be included in the "cost of the railway" within the meaning of the principal Act.

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

this Bill.

DAY H. BOSANQUET, Governor.

-.-p-

-

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0