Transport (Division of Functions) Amendment Act 1940 (NSW)
TRANSPORT (DIVISION OF FUNCTIONS)
AMENDMENT ACT.
Act No, 4G, 1940.
An Act to amend the Transport (Division of csorgevi.
Functions) Act, 1932, and certain other Acts in certain respects; to validate certain matters; and for purposes connected there
| with. | [Assented to, 9th December, 1940.] |
it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis
lative Council and IjCgislativc Assembly of New Sontli Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the “ Transport shortutle.
(Division of Fimetions) Amendment Act, 1940.”
(2) The Transport (Division of Functions) Act, 1932, as amended by subsequent Acts and by this Act, may be cited as the Transport (Division of Functions) Act, 1932-1940.
430 Transport (Division of Functions) Amendment Act.
| No. 4^940, |
|
f̂Act̂ No'̂ * 1932, as amended by subsequent Acts, is amended—
| 31, 1932. | (a) by omitting from section twenty the words “ the |
| Sec. 20. | Commissioner appointed under this Act to exer |
| (Construc- | |
| lion of | cise and perform the power, authority, duty or |
| Acts, etc.) | function of the Board of Commissioners to which such reference applies” and by inserting in lieu thereof the following words and new subsec tions :— |
| (a) | the Commissioner for Eailways—where, and in so far as, such Act, by-law, regula tion, ordinance, instrument or document relates to or in any way affects or con cerns the Department of Eailways or the administration of that Department; |
| (b) | the Commissioner for Eoad Transport and Tramways—where, and in so far as, such Act, by-law, regulation, ordinance, instrument or document relates to or in any way affects or concerns the Depart ment of Eoad Transport and Tramways or the administration of that Department; |
| (c) | the Commissioner for Main Eoads— where, and in so far as, such Act, by-law, regulation, ordinance, instrument or docu ment relates to or in any way atfects or concerns the Department of ^lain Eoads or the administration of that Depart ment. |
(2) Without prejudice to the generality of
subsection one of this section—
| (a) | any reference of the nature referred to in that subsection may, pursuant to that subsection, be road, deemed and taken to refer to the Commissioner for Eailways, the Commissioner for Eoad Transport and Tramways or the Commissioner for Main Eoads or to any two or more of such Commissioners at the same or at different times as the case may require; |
(b)
| Transport (Division of Functions) Amendment Act. | 431 |
| (b) the Commissioner for Eailways shall have and enjoy, in relation to the administra tion by him of the Department of Eail ways, and to any power, authority, duty or function which may be exercised or lierformed by him or on his behalf and to the exercise and performance of any such power, authority, duty or function, all the privileges, protections and im munities which, immediately before the commencement of this Act, were had and enjoyed by or provided for the Board of Commissioners; | ‘ |
| (c) | the Commissioner for Eoad Transport and Tramways shall have and enjoy, in relation to the administration by him of the Department of Eoad Transport and Tramways, and to any power, authority, duty or function which may be exercised or performed by him or on his behalf and to the exercise and performance of any such power, authority, duty or function, all the privileges, ]:>rotections and immuni ties which, immediately before the com mencement of this Act, were had and enjoyed Iw or provided for the Board of Commissioners; |
| (d) | the Commissioner for Main Eoads shall have and enjoy, in relation to the adminis tration by him of the Department of Main Eoads, and to any power, authority, duty or function which may be exercised or |
| ' | performed by him or on his behalf and to the exercise and performance of any such power, authority, duty or function, all the privileges, prote<‘tions and immuni ties which, immediately before the com mencement of this Act, were had and enjoyed by or provided for the Board of Commissioners. |
| (3) | This section shall not be construed so as |
to prejudice or limit any privilege, protection
or
432 Transport (Division of Functions) Amendment Act.
| No. 46, 1940. |
or immunity which is, by the operation of any Act, had and enjoyed by or provided for any of the Commissioners appointed under this Act.
| New sees. | (h) by inserting next after section twenty-six the |
| 27-30. | following new sections:— |
| Limitation | 27. All actions against any of the Commis |
| of actions. |
| cf. Act No. | sioners appointed under this Act or against any |
| 30,1912, | person for anything done or omitted or pur |
| s. 143. | porting to have been done or omitted under this Act or under any other Act (whether passed |
| , | before or after the commencement of this Act) which confers or imposes any power, authority, duty or function on any such Commissioner, or in the exercise or performance of any power, authority, duty or function conferred or imposed by any such Act, shall be commenced within one year after the act or omission complained of was committed or made. |
| Notice of | 28. | (1) No action shall be commenced against |
| action. |
| cf. l U d . | any of the Commissioners appointed under this |
| 8.144. | Act or any person for anything done or omitted or purporting to have been done or omitted under this Act or under any other Act (whether, passed before or after the commencement of this Act) which confers or imposes any power, authority, duty or function on any such Com missioner or in the exercise or performance of any power, authority, duty or function conferred or imposed by any such Act, until one month at least after a notice in writing of such intended action has been delivered to or left at the oflSce of such Commissioner or person by the party intending to commence such action, or by his attorney or agent. |
| (2) Such notice shall clearly and explicitly state the cause of action and the court in which the same is intended to be brought, and upon the back thereof shall be endorsed the name and place of abode of the party so intending to sue and also the name and place of abode or of |
business
'T 1 ’
| Transport (Division of Functions) Amendment Act. | 433 |
No. 46, 1940.
business of the attorney or agent, if such notice
was served by such attorney or agent.
(3) A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein unless the court before which the action is tried is of opinion that the defendant in the action has been prejudiced in his defence by such defect or inaccuracy.
(4) 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.
| 29. | In any action, either under the Compen | Limit of |
| amount |
| sation to Relatives Act of 1897, as amended by | ■which may |
| subsequent Acts, or otherwise, against any of | be recovered against |
| the Commissioners appointed under this Act, | Commis |
| in respect of injuries sustained by any person, | sioners, |
| no larger sum than two thousand pounds shall | cf. Act No. |
| 30,1912, | |
| be recoverable. | s. 145. |
30. (1) If any irregularity, trespass, or other Tender of
wrongful proceeding has been committed in the
execution of this Act or of any other Act lue! '
(whether passed before or after the commence
ment of this Act) which confers or imposes any
power, authority, duty or function on any of
the Commissioners appointed under this Act, or
in the exercise or performance of any power,
authority, duty or function conferred or imposed
by any such Act, and if, before action brought in
respect thereof, tender of sufficient amends is
made to the person injured, such last-mentioned
person shall not recover in any such action.
(2) If no such tender has been made, the defendant may by leave of the court where such action is pending at any time before issue joined, pay into court such sum of money as the defendant thinks fit, and thereupon such pro ceedings shall be had as in other cases where defendants are allowed to pay money into court.
( 2 )
Loan Act.
Ho. 46, 1£4X
(2) Subset'tion one of this section shall bo deemed to have commenced on the twenty-ninth day of December one thousand nine hundred and thirty-two.
(3) Any alteration of the law made by this section shall not affect any action or proceedinjr concluded before or pending at the commencement of this Act.
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