The Railways Standing Committee Act 1912 (SA)
GEORGII
V R.EGIS.
A.D. 1912.
No. 1089.
An Act to provide for a Parliamentary Standing Com-
mittee on Railway Works, and to define the Func- tions and Powers thereof, and for other purposes.
[Assented to,
November zgth,1912.1 it Enacted by the Governor of' the State of South Australia,
follows: | BE | with the advice and consent of the Parliament thereof, as |
1. This Act may be cited as " The Railways Standing Committeeshort title.
Act, 1912."
2. In this Act, unless inconsistent with the context or some otherlatarpretrtion.
" Regulation " means regulation made under this Act: | '' |
meaning is clearly intended- |
'' Chairman " means Chairman of the Committee:
Committee " means Parliamentary Standing Committee on Rail-
wajs appointed under the provisions of this Act:
" Constructing Authority " means the South Australian Railways
, Commissioner, or such (if any) other person, officer, or body
as is by any Act authorised to construct railways generally
or ally specified railway or railways:
" Member " means member of t.he Committee, and includes the Chairman and any temporary chairman of the Committee:
" Prescribed " means prescribed by this Act or by regulation:
" Railway " includes tramway, and also includes any continuation,
extension, completion, reconstruction, or repair of a railway
.
or tramway:
3 O GEORGIIV, No.1089.
The RaiZways Standing Committee Act.-1912. " Koyal Commission " means the Commissioners appointed by a
Commission issued by the Governor:
" Secretary " means Secretary to the Committee:
" Select Committee " means a Select Committee of either House
of Parliament or a Joint Committee of both Houses:
This Act " includes regulation S.
this Act, and also as soon as conveniently practicable after the com- | |
mencement of the first Session of every Parliament after the present |
six Members of | Parliament to |
be called the Parliamentary Standing Committee on Railways shall
be appointed i n the manner provided by section 4.
(2) The appointment of the first Committee appointed under this Act shall, if the members thereof are appointed before the first day of January, nineteen hundred and thirteen, take effect upon that date, but otherwise shall take effect from the day of their appoint ment.
(3) The appointment of any subsequent Committee shall take effect from the day of their appointment.
4. (1) Two of the members of | the Committee shall be Members |
of a d shall be appointed by the Legislative Council, and four of the appointed by the House of Assembly, But no responsible Minister of the Crown, nor the holder of any office of profit under the Crown, shall be a member of the Committee.
appointment and
members of the Committee shall be Members of and shall be | |
(2) The members shall be appointed by ballot.
(3) Subject to section 6, the six persons appointed as aforesaid by any Parliament shall hold office asa Joint Committee from the time when their appointment takes effect until the appointment of the Coamittee appointed by the next Parliament takes effect; and
shall have and may exercise such powers and authorities, perform | such duties, and be liable to such obligations as are by this Act |
vested in or imposed upon the Committee. | |
(4) The names of the persons from time to time appointed to be members of the Committee shall be certified by writing signed by the President or Deputy-President of the Legislative Council, or the Speaker or Deputy-Speaker of the House of Assembly, according to the House of Parliament which appointed the member; and such writing shall be published in the Government |
before entering on the duties of his office, shall make and sign a | |
declaration in the form of the First Schedule. |
signed before and shall be |
filed by the President or Deputy Pre~ident of the Legislative
Council,
3 O GEORGIIV, No.1089.
The Railways Standing Committee Act.--1912.
Council, or the Speaker or Deputy | Speaker of the House |
Assembly, according to the House of | Parliament which appointed |
the member. |
the Commit tee shall become Extraordin~r | vacencies. |
vacant upon- | via., |
(a) Delivery to the Secretary of his resignation thereof by writing signed bv him and addressed to the President or Deputy president of the Legislative Council, or the Speaker or Deputy Speaker of the House of Assembly, according to the House of Parliament which appointed the Member, or
the House of | Parliament which |
appointed him, unless he so ceases by reason only of the
expiration of the Parliament, or
(c) | His becoming a responsible Minister of the Crown, or accepting |
any office of profit under the Crown, or
(d) His absence, without the consent in writing of the Com-
missioner of Public Works, from seven consecutive duly
summoned meetings of the Committee.
members of the Committee to be the Chairman thereof. |
(2) The Chairman shall preside at all meetings of the Com- Proviaion forab8mce
present the members in attendance may, in the absence of the Chair- | mittee: Provided that at any meeting at which |
man, appoint one of their number thin present to be temporary chairkan during the absence of the Chairman. | |
(4) All questions which arise a t any meeting of | the Committee Outing |
shall be decided by a majority of votes of the members present, who, having regard to section 15, are entitled to vote: Provided that when the votes are equal the Chairman, if entitled as aforesaid, hall have
The Railways Standing Committee Act.-1912.
- |
(5) In all cases of divisions the names of | the members voting on |
the respective sides shall be stated on the minutes and in the Com-
mittee's report on any proposed railway or work.
bers shall form a quorum competent to exercise all powers and authorities and to incur all obligations conferred or imposed upon the Committee. | |
Attendance fee of
Q. (1) Subject to subsection entitled to receive, by way of remuneration for his services, an |
16799 18981
attendance tke of One Pound Eleven Shillings and Sixpence for his attendsnce at any duly summoned meeting of the Committee at which a quorum is present. | |
attendance fee in respect of the same day, notwithstanding that he attends more than one meeting on such day. |
payable for attendance fees of members shall not exceed Twelve | |
Hundred Pounds in respect of any one financial year, and in respect |
of the financial year ending on the thirtieth day of June, nineteen | hundred and thirteen, shall not exceed Six Hundred Pounds; and such | (if any) proportionate abatement shall be made in the attendance fees | ||
payable to the members respectively as may be necessary to reduce the total amount to t,he said sum of Twelve Hundred Pounds, or Six Hundred Pounds, as |
Tmvelling expenan
to members, every member shall be entitled to a travelling allowance
for |
(a ) Confined within a radius of twenty miles from the General
Post Office in the City of | Adelaide, or |
( b ) Merely for the purpose of attending or returning from ameeting of the Committee, except in the case of
a member who resides beyond the said radius of twenty miles, who
shall
V, No. | - |
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shall be entitled to an allowance of Ten Shillings in respect of any journey from his place of residence to attend a meeting in the said City.
The travelling allowance shall be Fifteen Shillings for every day
during which the member travels within the said State, and One
Guinea for every day in which he travels elsewhere.
(2)
(3) Every member shall also be entitled to be reimbursed all coach and other fares and hire, a r ~ d similar expenses, actually incurred when travelling in the performance of his duties as a member or forthe purpose of attending or returning from meetings.
11, Any amounts payable to any member pursuant to this ActPayrnentsundertbir
shall be in addition to any payment received bv such member pur- |
suant to any Act in respect of his services in the discharge of his | - | - |
Parliamentary duties. |
12. The amounts to which any member is entitled pursuant toFeesandexpenses to
this Act shall be certified in writing signed by the Chairman and the $ ~ ? ~ ~ ~ ~ d |
Secretary, whose certificate shall be sufficient authority for the
Vic.,1899,1904,rb. payment of all amounta so certified.
13, ( a ) The office of Chairman or of member of the CommitteePnpentaunderthia
shall not, on account of any payment received pursuant to |
this Act, be deemed to be an office of profit within the
ment.
meaning of section | The Constitution Act": and |
b.
the Committee shall not, on |
account of any such payment, be deemed to undertake, execute, hold, enjoy, enter into, or accept, any contract, agreement, or commission made or entered into with, under, or from any person or persons, for or on account of the Government of the said State, within the meaning of the Act entitled " An Act to prevent Public Contractors
being returned to or sitting or voting in Parliament," being | the Act No. 19 of 1869-70, |
so as to render vacant or void the seat in Parliament of such Chair- men or member, or to render null his election to Parliament, or to render him incapable of sitting or voting as a Member of Parlia- ment or liable to any forfeiture or penalty for so sitting or voting.
14, The Governor, on the recommendation of the Committee,Secretary and other
may from time to time appoint a Secretary to the Committee and | |
such other officers as he deems necessary or proper for the purposes of this Act. | |
16. (1) The
6 3' GEORGII V, No.1089.
The Raalways Standing Committee Act.-191 2. --
Power to sit during
Parliament and |
during the interval between two Parliaments as well as during
any Session of Parliament. but shall not sit during any sitting of either House of Parliament except by leave of such House.
Conduct of
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(l) They may by themselves, or by any person appointed by them to prosecute an inquiry, enter and inspect any | . |
land, building, place, or material, the entry or inspection of which appears to them requisite, upon the prescribed
, notice being given to the owners or occupiers of such
land, building, place, or material:
(2) They may require, by summons under the hand of the Chairman, or of the Secretary acting under the direction of the Chairman, the attendance of all such persons as they think fit to call before them, and may require answers or returns to such inquiries as they think fit to make:
(3) 'lhey may in the prescribed manner require and compel the
production of all books, maps, plans, papers, and docu-
ments relating to -the matters before them:
(4) They may examine witnesses on oath, affrmation, or | declaration, which may be administered by the Chair- |
man or temporary chairman. |
Powera of Committee
(a) Who has been duly served with a summons to attend before the Committee, and whose expenses, as provided in subsection (4) hereof, have been paid or tendered to him, neglects to attend in obedience to such summons; or
1 bid. (part),
( 6 ) Wilfully insults the Committee, or any member thereof; or
( c ) Misbehaves himself before the Committee; or(d) Interrupts the proceedings of the Committee; or
(e) Being called or examined as a witness in any inquiry or
matter pending before the Committee, refuses to be
sworn or to
affirm or declare, or to produce the documentsmentioned
3' GEORGIIV, No.1089.
The RailwaysStanding Committee Ad.-1912. --
mentioned in the summons served upon him, or any of them, or prevaricates in his evidence, or refuses to answer any lawful question,
the Chairman or temporarg chairman may commit such person to gaol for any time not exceeding one month, or may impose on him a penalty not exceeding Fifty Pounds, and in default
of immediate payment of such penalty, may commit the offender to gaol for any time not exceeding one month unless the fine is eooner paid.
(2) In any of | the cases aforesaid a warrant in the form or to the |
effect of the Second Schedule may be issued by the Chairman or temporary chairman, and such warrant shall be good and valid in law without any other warrant, order, or process what- soever; and the Commissioner of Police and all members of the Police Force, and the Sheriff, and all gaolers
may and shall obey the same.
(3) When any person who has been duly served witha sum- monsto attend as a witness before the Committee, and whose expenses, as provided in subsection (4) hereof, have been paid or tendered to him, fails to attend in obedience to such summons, the Chairman or temporary chairman upon proof of such person having been duly served with such summons, and of such ex- penses having been paid or tendered to him, and that his non- appearance was without just cause or reasonable excuse, may issue a warrant in the form or to the effect of the Third Schedule to bring such person before the Committee to give evidence. The provisions of subsection (2) of this section shall apply to any snch warrant.(4) Every person required by the Committee to attend shall be allowed such expenses as would be allowed to a witness attending on subpaena before the Supreme Court, and in case of dispute as to the amount to be allowed the same shall be referred to the Master of the Supreme Court who, on request under the hand of the Chairman
shall ascertain and certify the proper amount of such expenses. |
or made under this Act, wilfully and corruptly gives any false |
evidence before the Committee shall be guilty of perjury and, on conviction,
may be imprisoned, with or without hard labor, for any term not exceeding four years.
21, (1) The Committee may from time to time in the exercise ofA80e8mr8-
any powers by this Act conferred on them call in the aid of one or | |
more assessors, being persons of engineering or other technical knowledge or possessing special local knowledge or experience. | |
Act, consider and report upon all railways and other works which |
are referred to them under this Act. | ('L) | In |
3' GEORGIIV, No.1089. (2) l n considering and reporting on any such railway or work, the Committee shall have regard-
(a) To the stated purpose thereof;
( B ) To the necessity or advisability of constructing it;(c) Where the railway or work purports to be of a reproductive or revenue-producing character, to the amount of revenue which such railway or work may reasonably be expected to pro- duce; and
public value of the railway or |
work;
and generally the Committee shall, in a.11 cases, take such measures and procure such information as may enable them to inform or satisfy the House of Assembly or Legislative Council (according to the circumstances of the case) as to the expediency of constructing
the railway or work in question.
(1) Subject to subsection(2) hereof, after the appointment of of any kind whatsoever to be constructed at the public expense, the estimated cost of constructing which exceeds Twenty Thousand Pounds, shall be commenced, unless sanctioned in the following manner, namely :-
to commencing
the first Committee appointed under this Act takes effect no railway | |
I. |
other plans, specifications, or other descriptions which he | deems proper. Such estimates, plans, specifications, and |
descriptions shall be prepared and authenticated or verified in the prescribed manner. And the Minister shall explain the proposed railway in such House: |
11. Upon motion in the usual manner made by the Minister and
agreed to by such House, the proposed railway shall be
referred to the Committee:
nt. The Committee shall,with all convenient dispatch, deal with the matter so referred to them, and for that purpose may exercise all powers by this Act conferred on the Com- mittee:I v. The Committee shall, as soon as conveniently practicable
(regard being had to the nature and importance of the proposed railway), report to such House the result of their inquiries. The report shall be presented to the House through the
Speaker thereof:v. After
3' GEORGIIV, No. 1089.
v. After the receipt of such report such House may, by resolution, declare either that i t is expedient to carry out the proposed railway or any portion thereof, or that it is not expedient to carry out the same: Provided that such House may resolve that the report of the Committee, or any portion of such report, shall, for reasons or purposes to be stated in the reeolution, be remitted to the Committee for their further consideration and report; in which case the Com- mittee: shall consider the matter of euch new reference, and report thereon accordingly, whereupon such House may deal with the matter in manner aforesaid.(2) This section shall not apply in respect of any railway
heretof ore authorised by Parliament or so authorised during the present Session, or the construction of which has, during the period of five years ending on the thirty-first day of December, nineteen hundred and twelve, been recommended by any Koval Commission or Select Committee: Provided that any propdsed railway so recommended but not authorised as aforesaid may, during the present Session or subsequently, be referred to the Committee by resolution of the House of Assembly; and in such case the said railway shall stand referred to the Committee for consideration and report, and the provisions of subsection (l) of this section, except subdivisions
I. and 11. thereof, shall apply in respect of the said railway.
|
expedient or not expedient to construct any proposed railway shall
be notified in the
Government Gazette.
expedient to carry out any proposed railway, no proposal for a work in substance identical with the railway referred to in such resolution shall be submitted to the House of Assembly until after the expira- | tion of one year from the notification of such resolution in the |
Government Gazette, unless the Governor, by order addressed to the Committee, declares that, in view of the public interest, it is desir- able that such proposal be resubmitted to the said House.
26. (1) Every resolution under section 23 declaring that it isBill to be introduoed
expedient to carry out the railway mentioned in such resolution shall |
be deemed to impose a statutory duty on the Minister to introduce a vie., 1177,
Bill into the House of Assembly to authorise the construction of | 16. |
such railway; and upon the passing of such Bill by Parliament and in such form as Parliament may think fit, the authorisation of the construction of such railway shall become absolute. Any such Bill may include any one or more railways mentioned in any one or more such resolutions. | |
(2) The Constructing Authority shall, upon the passing of such Bill, carry out every work thereby authorised, and may enter into such contracts and take all such steps for the proper execution thereof |
B-1089
3' GEORGII V,No 1089. thereof as such Authority may think proper; and if no tender is accepted for aliy such work such Authority may itself carry out such wo>k.
(3) The cost of carrying out any work so authorised Bhall not exceed in the aggregate by more than ten per centum the estimate for the same laid on the table of the House of Assembly by the Minister as provided by section 23; and in the case of any railway coming within the operation of subsection (2) of section 23. such amount or cost shall not exceed in the aggregate by more than ten per centum such amount as the Committee report as the estimated cost thereof.
(1) Whenever any proposal for the construction of any work | ||
of any kind whatsoever to be constructed at the public expense, the |
(2) In such case the said work shall stand referred to the Committee for consideration and report; and the provisions of subsection (1)
of section 23 (except subdivisions i. and ii. thereof) and the provisions of sections 24, 25, and 26 shall apply,mutatis mutandis, in respect of the said work: Provided that in applying eubsection (2) of section 26 the expression Construe ting Authority " shall be taken to mean the person, officer, or body by any Act or otherwise lawfully authorised to construct the said work.
Public Works may refer to the Committee for consideration any |
to the Committea for
(a) Such as mentioned in section 23 or 27, which has not there- |
tofore been referred to the Committee, and |
(b) To authorize the construction of which any Miniater of the
Crown intends to introduce a Bill in Parliament duringthe then next succeeding Session.
( 2 ) When any proposed railway or work is referred to the Com- mittee under this section, the Committee shall as soon as practicable, having regard to their other 'duties under this Act, consider such rail- way or work, and for that purpose may exercise all the powers by this Act conferred on the Committee.(3) The Committee shall not report on any railway or work
referred to them under this section unless and until such railway or
work is referred to them by one of the Houses of Parliament.
The Committee to
effect of | the appointment of the first Committee appointed under | |
this Act, any Royal Commission or Select Committee appointed to consider |
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The Railways Studing Committee Ad.-1912. consider or report upon any proposed railway, or any proposed
New. scheme or other matter which may involve the construction of any
railway, which Commission or Committee has not theretofore made
its final report, shall cease to exist, and its functions, powers, and
duties shall vest in the Committee.
(2) The Committee shall thereupon contiuue the consideration of such proposed railway or scheme or matter, and shall perform and exercise the functions, powers, and duties of such Royal Com- mission or Select Committee and report on such proposed railway, scheme, or matter, as if the same had been referred to the Committee under eection 23 or 27.
(3) The Committee acting under subsection (2) hereof shall con- sider all evideuce given before the Commission or Committee so ceasing to exist, and need not, unless they deem it necessary, take any further evidence. They shall also consider any progress report made by such Commission or Committee, and may, if they think proper, adopt such report.
(4) This section shall not apply to any Royal Commiseion or Select Committee which the Governor by order made before the first day of February, nineteen hundred and thirteen, may except from the provisions of this section.
matter, has under or by this Act been referred to any Committee | appointed under this Act, and such Committee ceases to have legal |
existence before such railway, work, scheme, or matter has been reported on by such Committee, any evidence taken before such Committee shall nevertheless be considered by any subsequent Committee to whom the same railway, work, scheme, or matter is referred pursuant to this Act. |
31. (1) The Committee shall, before the commencement of eachPeriodid mport.
Session of Parliament, make a general report to the Governor of |
their proceedings under this Act, and may in such report also call attention to any matter connected with the public works or proposed public works of the State on which, in their opinion Parliament should be informed.
(2) Such report shall be laid before both Houses of Parliament within fourteen days after the commencement of the Session.
The Governor may make, alter, or repeal all such regula- |
tious as may be necessary or convenient for the purpose of giving
Ibid., 8. 19. effect to this Act.
(2) All regulations so made-
(a) Shall be published in the Government Gazette; | |
(b) From the date of such publication, or from a later date |
specified therein, shall, subject to subsection (3) hereof,
have effect as if enacted in this Act; and
(C) Shall
3' GEORGIIV, No.1089.
The Ra:iZwayb Staradiq Committee Act.-1912. (c) Shall be laid before both Houses of Parliament within four- teen days after publication, if Parliament is in Session, and if not, then within fourteen days after the com- mencement of the next Seseion of Parliament.
DinaUowance by
This subsection shall apply notwithetanding that the said fourteen sitting days, or some of them, do not occur in the same Session or Parliament |
paid out of moneys provided by Parliament for the purposes of this Act. |
In the
name and on behalf of His Majesty, I hereby assent tothis Bill.
DAY H. BOSAN QUET, Governor.
3" GEORGIIV, No.1089.
The Rudmys Stcvrading Committee Ad.-1912.
THE SCHEDU1,ES. THE FIRST SCHEDULE.
, do solemnly and sincerely promibe and declare that according to the Seotion b. |
best of my skill and ability I will faithfully, impartially, and trul | execute the office |
and perform the duties of a member of the Parliamentary Stan ng Committee on | g; |
Railways. |
[Signature.]
THE SECOND SCHEDULE.
FORM | OF |
The Railways Standing Committee Act, 1912. | Section | |
|
To the Commissioner of Police and all Members of the Police Force of South
Australia and to the Keeper of the Gaol a t
These are to command you the Commissioner of Police and all Members of the Police Force of South Australia to apprehend A.B. and to convey him to the above-mentioned gaol, and to deliver him to the keeper thereof, together with this warrant, and you the said keeper are hereby required to receive him into your custody in the said gaol and him there safely to keep for the term of the sum of is sooner aid] I the undersigned Chairman or temporary chairman] of the Parliamentary Standing Committee on Railways, having adjudged the said AB. to be imprisoned [or to pay a penalty of, and, he having made default in the immediate payment thereof, I having further adjudged him to be imprisoned] for the said term, for that he the said A. R. [here atate the ofence to the following efect, as the case may require.]
That A.B. having been duly served with a eummons to attend before the said Committee, and having had his expenses paid or tendered, neglected to attend before the said Committee [or] that A.B. wilfully insulted the said Committee [or] C.D. one of the member8 of the said Committee [or] that A.B. misbehaved himself before the said Committee [or] that A.B. interrupted the proceedings of the said Committee [or] that A.B. having been called or being examined as a witness in a certain inquiry or matter pending before the said Committee refused to be sworn or affirm or declare or to produce a certain document mentioned in the summons served on him, viz.:-
[or] | was guilty of prevarication in his evidence or refused to answer a certain |
lawful question.
Given under my hand a t | - | this | day of | in the year of our |
Lord nineteen hundred and
[Synature],
Chairman or temporary chairman] of the Parliamentary
ktanding Committee on Railways.
T H E
'I'HIRD' SCHEDULE.The Railways Standing Committee Act, 19 12.
To the Commissioner of Police and all Members of the Police Force of | Seotion 19. |
South Australia. | Ibid. |
Whereas, pursuant to the provisions of the above-mentioned Act, i t has this day been proved to me that. of has been duly served with
tr summons to attend and give evidence before the Parliamentary Standing Committee on Railways, pursuant to the said Act, but has failed to attend in obedience to sucb summons:
Thie
C-1089
3" GEORGIl V,No. 1089.
The Bailways Standing Cmmttee A&.-1912.
detain him in custody and bring him before the said Committee to give evidence.
year of our Lord nineteen hundred and
[lsigna ture],
Chairman [or temporary chairman] of the Parliamentary
'Standing Committee on Railways.
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Adelaide: By authority, B. E. E. Booam, Government Printer, North Terrace.
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