Transport (Division of Functions) Amendment Act 1952 (NSW)

TRANSPORT (DIVISION OF FUNCTIONS)

AMENDMENT ACT. Act No. 15, 1952.

An Act to provide for the appointment of a Com- Elizabeth u,

missioner for Government Tram and Omnibus Services; to provide for the exercise and discharge by such Commissioner of certain of the powers, authorities, duties and functions which were formerly exercised and dis charged by The Commissioner for Road Trans port anp Tramways; to transfer the other

powers,

I«9t

Transport (Division of Functions) Amendment Act.

powers, authorities, duties and functions which were formerly exercised and discharged by The Commissioner for Road Transport and Tramways to the Director of Transport and Highways, and to provide for their exer cise and discharge by the Director of Trans port and Highways; for these and other pur poses to amend the Transport and Highways Act, 1950, the Transport Act, 1930, and cer tain other A cts; and for purposes connected therewith. [Assented to, 17th April, 1952.]

"O E it enacted by the Queen’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:—■

title

1 . (1) This Act may be cited as the “ Transport

and

ocmmence-

(Division of Functions) Amendment Act, 1952.”

Tne*t.

(2)

This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette.

Division of

2 . (1) The Department of Road Transport and Tram

ways is hereby divided into two departments as follows:—

(a) the Department of Transport and Highways,

Tramways.

wliich shall be administered by The Director of

Transport and Highways; and

(b)	the Department of Government Tram and Omnibus Services, which shall be administered by The Commissioner for Government Tram and Omnibus Services.

(2)	(a) The Department of Transport and High-

wa5Ts may be divided into such branches or sections as anay be determined by The Director of Transport and Highways.

(b) The Department of Government Tram and Omnibus Services may be divided into such branches or sections as may be determined by The Commissioner for Government Tram and Omnibus Services.

Transport (Division of Functions) Amendment Act.

100

3 . (1) For the purpose of the exercise and perform- Wc. 15, tow ance of the powers, authorities, duties and functions Director of conferred and imposed upon liim by this Act, and of the amt"****̂* administi'ation of the department of Transport and iiigiiwajs. Highways, tlie Director of Transport and Highways shall

he a body corporate under the name of “ The Director of

Transport and Highways.”

(2) For. the purposes of any Act, the corporation constituted under subsection one of this section shall be deemed a statutory body representing the Crown.

(3) The Director of Transport and Highways shall exei’cise and perform the powers, autliorities, duties and functions which, immediately before the commencement of this Act, were exercised and performed by The Commissioner for Road Transport and Tramways other than the powers, authorities, duties and functions conferred and imposed upon The Commissioner for Government Tram and Omnibus Services by or under subsection three of section four of this Act.

(4) In the exercise and performance of the powers, authorities, duties and functions conferred and imposed upon The Director of Transport and Highways by or under this or any other Act such Director shall be subject to the direction and control of the Minister.

4 . (1) For the purpose of the exercise and perform- The

ance of the powers, authorities, duties and functions

conferred and imposed upon him by this Act, and of the Oovem-

administration of the Department of Government Tram

and Omnibus Services, the Commissioner for Government Omnibue

Tram and Omnibus Services shall be a body corporate

under the name of “ The Commissioner for Government

Tram and Omnibus Services.”

(2) For the purposes of any Act, the corporation constituted under subsection one of this section shall bo deemed a statutory body representing the Crown.

(3) The Commissioner for Government Tram and

Omnibus Services shall exercise and perform the powers,

authorities, duties and functions which, immediately

before

106 Transport (Division of Functions) Amendment Act.

Ho. 15, 1952. before the commencement of this Act, were exercised and

performed by The Commissioner for Eoad Transport and

Tramways in respect of—

(a)	motor omnibuses and motor omnibus services other than—

(i)	privately-owned motor omnibuses and motor omnibus services; and

(ii) without limiting the generality of sub paragraph (i) of this paragraph, the registration of motor omnibuses, other than privately-owned omnibuses, and the licensing of the drivers and con ductors thereof;

(b) tramways; and

(c)	the maintenance of such portions of the Sydney Harbour Bridge as are used for tramway

-	purposes and of the tramway tracks, and
•	appliances in connection therewith.

(4)	In the exercise and performance of the powers,

authorities, duties and functions conferred and imposed upon The Commissioner for Government Tram and Omnibus Services by or under this or any other Act, such Commissioner shall be subject to the direction and control of the Minister.

5 . (1) The person for the time being holding the office

'Offices of

Director of

Transport	of Director of Transport and Highways under the Trans
and	port and HighAvays Act, 1950, shall he the Director of
Highways
and	Transport and Highways under this Act.
Commis

sioner for

(2) The Commissioner for Government Tram and

Government	Omnibus Services shall be appointed by the Governor,
Tram and
Omnibus	shall, subject to this Act, hold office for a term of seven
Services.	years and shall be eligible for reappointment.
(3) The person who immediately before the com mencement of this Act held the office of Commissioner for Eoad Transport and TramAvays shall, as from such commencement, be deemed to have been appointed under subsection tAvo of this section as Commissioner for Government Tram and Omnibus Services but shall hold- office for the balance of the term for Avhich he was_

appointed

Transport (Division of Functions) Amendment Act.

107

appointed Commissioner for Bond Transport and Tram-	5̂, 1952.
ways and shall continue to receive salary at a rate not less than the rate at which salary was payable to him immediately before the commencement of this Act.
(4) The salary of the Commissioner for Govern ment Tram and Omnibus Services shall be fixed by the Governor at the time of his appointment and shall not bo reduced during his term of office.
(5) The Director of Transport and Highways and the Commissioner for Government Tram and Omnibus Services shall be paid such fees and allowances as may from time to time be fixed by the Governor.

6 . (1) Notwithstanding anything contained in any Savings of

Act, nothing in this Act shall affect the rights accrued or accruing under the Public Service Act, 1902, the Superannuation Act, 1916, the Government Railways s-9-

Act, 1912, the Main Eoads Act, 1924, the Transport Act, 1930, the Ministry of Transport Act, 1932, the Transport (Division of Functions) Act, 1932, or the Transport and Highways Act, 1950, or any Act amending those Acts to any person appointed as Commissioner for Govern ment Tram and Omnibus Services under this Act, who at the time of his appointment, or at any time previously thereto, was an officer of the Public Service, the Department of Railways, the Department of Road Transport and Tramways, the Department of Main Eoads, the Department of Transport and Highways or the Department of Government Tram and Omnibus Services.

(2)	Any person appointed as Commissioner for

Government Tram and Omnibus Services under this Act who, at any time prior to his appointment, held office under the Government Railways Act, 1912, the Main Roads Act, 1924, the Transport Act, 1930, or the Ministry of Transport Act, 1932, or any Act amend ing those Acts, or Avas an officer of the Public Service, or of the Department of Transport, and Avas a contribu tor to a superannuation fund or account may continue as a contrilmtor or resume and continue contributions to such fund or account and shall have and receive, upon

his

Transport (Division of Functions) Amendment A ct

in*, IS, 19S2.	ceasing to hold office by effluxion of time, resignation, retirement, becoming incapable, or removal from office otherwise than for misbehaviour or incompetence, any payment, pension, or gratuity as if he were an officer within the meaning of the Act under which the fund or account to which his contributions have been made is administered.
For such purpose his service in any office under any Act, and his service as Commissioner for Government Tram and Omnibus Services under this Act, shall be deemed to be service for the purposes of such Act.
(3) If such Commissioner shall die during the currency of his term of office, any pension, payment, or gratuity shall become payable or shall be made or granted, as in the case of the death of an officer or employee within the meaning of such Act.
(4) Any such Commissioner who ceases to hold office by effluxion of time or who is removed from office otherwise than for misbehaviour or incompetence, and who is not appointed to an office of the same kind carry ing superannuation rights shall, for the purpose of computing the amount of any payment, pension, or gratuity, be deemed to have retired upon the day upon which he so ceases to hold office, or is removed from ■office, as the case may be, and to have so retired at an age at which the payment, pension, or gratuity would have become payable in pursuance of the Act under which the fund or account to which his contributions have been made is administered.
(5) Any officer of the Public Service, or of the Department of Railways, the Department of Main Roads, the Department of Transport and Highways or the Department of Government Tram and Omnibus Services, appointed as Commissioner for Government Tram and Omnibus Services under this Act, shall continue to con tribute to any fund or account, and shall be entitled to receive any deferred or extended leave, and any payment, pension, or gratuity, as if he were an officer or employee within the meaning of the Public Service Act, 1902, the Superannuation Act, 1916, the Government Railways Act, 1912, the Main Roads Act, 1924, or the Transport

Act,

Transport (Division of Functions) Amendment Act.

109

Act, 1930, or any Act amending those Acts, as the case	^^952.
may be, and for such purposes his service as Com missioner for Government Tram and Omnibus Services shall be deemed to be service for the purposes of such Acts.

7 . The provisions of the Public Service Act, 1902, i’uWic

shall be deemed to bo service for the purposes of such

for Government Tram and Omnibus Services.

to apply

to certain

appoint-

meats.

8. The Commissioner for Government Tram and Suspension

Omnibus Services may be suspended from his office by

The Governor for misbehaviour or incompetence, but office,

■shall not be removed from office except as hereinafter

provided:—

(a)

The Minister shall cause to be laid before Parliament a full statement of the grounds of suspension within seven sitting days after such suspension if Parliament is then in session, and if not, then within seven sitting days after the commencement of the next session.

(b)

The Commissioner for Government Tram and Omnibus Services suspended under this section shall be restored to office unless each House of Parliament, within twenty-one days from the time when such statement has been laid before it, declares by resolution that such Commissioner ought to be removed from office, and if each House of Parliament within the said time does so declare, such Commissioner shall be removed by the Governor accordingly.

9 . The Commissioner for Government Tram and Vaeati«

Omnibus Services shall be deemed to have vacated his office if he—

(a)	engages in New South Wales, during his term of office, in any paid employment outside the duties of his office except with the approval of the Governor;

(b)

110 Transport (Division of Functions) Amendment Act.

Ho. 15, 1952.

becomes bankrupt, compounds with h iff' creditors, or makes an assignment of his salary for their benefit;

(c)	absents himself from duty for a period of fourteen consecutive days, except on leave- granted by the Governor;

(d) becomes incapable of performing his duties; (e) resigns his office by writing under his hand;

(f)

becomes in any way concerned or interested^ otherwise than as a shareholder in an incor porated company consisting of more tham twenty-five persons, in any contract or agree ment made by or on behalf of any of the Com missioners holding office under the Transport (Division of Functions) Act, 1932, as amended by subsequent Acts, or The Director of Trans port and Highways or The Commissioner for Government Tram and Omnibus Services, or in any wise participates or claims to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom.

/ippoint*

ment of

1 0 . (1) In case of the illness, suspension, or absence of the Commissioner for Government Tram and Omnibus- Services appointed under this Act, the Governor may appoint a i:>erson to be the deputy of such Commissioner for the period of his illness, suspension, or absence, and any person so appointed shall, whilst so acting, exercise all the powers and perform all the duties of such. Commissioner.

•deputy.

(2)	In case of the illness, suspension, or absence

of a person appointed to be the deputy of the Com missioner for Government Tram and Omnibus Services, the Governor may terminate his appointment as such deputy and appoint some other person to be the deputy of such Commissioner for the balance of the period of the illness, suspension or absence of the Commissioner, and such other person, whilst so acting, shall exercise all the powers and perform all the duties of such Commissioner.

Transfer	11 . (1) Upon the commencement of tiiis Act, The Com
of

functions.

missioner for Eoad Transport and Tramways shall cease

toi

Transport (Division of Functions) Amendment Act.

i;o function, and the powers, authorities, duties and func tions, including the power to recommend or concur in the making of regulations, conferred or imposed upon The ■Commissioner for Eoad Transport and Tramways by or under any Act shall be exercised and performed by The Director of Transport and Highways and The Com missioner for Government Tram and Omnibus Services under and in accordance with the provisions of this Act.

(2) Upon such commencement the Commissioner ■for Eoad Transport and Tramways shall cease to hold -office.

12 . (1) Where any matter or thing has been com- savliigi.

menced by or under the authority of The Commissioner ■for Eoad Transport and Tramways it may be carried on and completed by or under the authority of the body corporate constituted under this Act to exercise and perform the power, authority, duty or function under or in respect of which such matter or thing was so ■commenced.

(2) Any action or proceeding, or any cause of action or proceeding pending or existing immediately before the commencement of this Act by or against The Commissioner for Eoad Transport and Tramways may be continued by or against the body corporate consti tuted under this Act to exercise and perform the power, authority, duty or function under or in respect of which such action or proceeding or cause of action or pro ceeding arose.

(3) All moneys and liquidated or unliquidated claims which immediately before the commencement of this Act are payable to or recoverable by The Commissioner for Eoad Transport and Tramways shall be moneys and liquidated or unliquidated claims payable to or recoverable by the body cor porate constituted under this Act to exercise and perform the power, authority, duty or function under or in i-es]iect of which such money or claim is so payable or recoverable.

112 TrjUisport (Division of Functions) Amendment Act.

(4) All contracts, as^reements, and undertakings: entered into with, and all securities lawfully given to or by The Commissioner for Road Transport and Tram ways and in force immediately before the commence ment of this Act, shall be deemed to be contracts, agree ments, and undertakings entered into -with and securities given to or by the body corporate constituted under this Act to exercise and perform the power, authority, duty, or function under or in respect of which such securities, agreements, and undertakings were so entered into or given.

(5) Each such body corporate may pursue the same remedies for the recovery of any such moneys and claims and for the prosecution of such suits, actions and proceedings as The Commissioner for Road Trans-

port and Tramways might have done but for this Act..

(6) Each such body corporate may enforce and realise any security or charge existing immediately before the commencement of this Act in respect of any such moneys and claims as if such security or charge were existing in favour of such body corporate.

(7) All debts due and moneys payable by and all claims liquidated and unliquidated recoverable- against The Commissioner for Road Transport and Tramways shall be debts due and moneys payable by and claims recoverable against tlie body corporate constituted: under this Act to exercise and perform the power, autho rity, duty, or function under or in respect of which such debt became due, such money became payable, or such claim became recoverable.

(8) (a) All by-laws, regulations, and ordinances made under or by virtue of the Government Railways Act, 1912, the Main Roads Act, 1924, the Metropolitan Traffic Act, 1900, the Motor Traffic Act, 1909, the Trans port Act, 1930, the State Transport (Co-ordination) Act, 1931, the Motor Tax Management Act, 1914, or the Motor Vehicles Taxation Management Act, 1949, or any Act amending those Acts, and in force at the commence ment of this Act, shall, so far as they are not inconsis tent with this Act, continue in force until repealed or replaced by subsequent by-laws, regulations, or ordin

ances, as the case may be.

(b)

Transport (Division of Functions) Amendment Act.

115

(b) Any repeal of the by-laws, regulations,

is, i952>

or ordinances continued by this section shall not affect any proceedings pending for the breach of any such by laws, regidations, or ordinances, and such by-laws, regu lations, or ordinances shall, for the purposes of any prosecution in respect of any breach occurring before the date of such repeal, be deemed to continue and to have full force and effect.

1 3 . The funds vested in and administered by The Fnnds.

Commissioner for Eoad Transport and Tramways, and the funds administered by that Commissioner, shall be vested in and administered by, or administered by, as the case may be, the respective bodies corporate con stituted under this Act to exercise and perform the powers, authorities, duties, and functions nnder or in respect of which such funds were so vested in and administered by, or administered by, as the case may be. The Commissioner for Eoad Transport and Tram ways.

1 4 . (1) All lands, leases, licenses, rights, easements, Vesting of

user facilities, and all other property of whatever description, held or possessed, immediately before the commencement of this Act, by The Commissioner for Eoad Transport and Tramways shall, subject to subsec tion two of this section, be transferred to and vested in the respective bodies corporate constituted under this Act to exercise and perform the powers, authorities, duties, and functions under or in respect of which such property was held or possessed by The Commissioner for Eoad Transport and Tramways.

(2)	(a) Any right title and interest of The Com

missioner for Eoad Transport and Tramways in the land on which the administrative building known as 99 Macquarie-street, Sydney, is erected and in the vacant land adjoining that building, shall vest in The Commissioner for Government Tram and Omnibus Services.

(b) Where any part of the property referred

to in this subsection is used or occupied by the Depart

ment of Transport and HighAvays, The Director of

Transport

114 Transport (Division of Functions) Amendment Act.

Ho. 15, 1952. Transport and Highways shall pay to The Commissioner

for Government Tram and Omnibus Services such sum or sums as the Minister may determine and such Com missioner shall allocate and apply the sum or sums so paid in such manner as the Minister may determine.

(3) The body corporate constituted under this Act in whom any such property is vested shall assume such of the liabilities and obligations of The Commis sioner for Eoad Transport and Tramways as were incurred in respect of the property so vested.

(4) No attornment by a lessee of any land trans ferred under this section shall be necessary.

Chpital	1 5 .	The Commissioner for Government Tram and
Inaebt-

•dneas.

Omnibus Services shall assume the capital indebtedness to the State of The Commissioner for Road Transport and Tramways as subsisting immediately before the commencement of this Act.

1 6 . If any doubt or dispute arises as to which of the

Dlaptites.

bodies corporate constituted under this Act is to exer cise and perform any power, authority, duty, or function which before the commencement of this Act was exer cised and performed by The Commissioner for Road Transport and Tramways or if any dispute arises between such bodies corporate out of the exercise or performance of any such power, authority, duty, or function, or as to their respective rights or liabilities, any such body corporate may refer the matter to the Minister.

Where any such matter is so referred, it shall be

determined by the Governor, or in such manner as the

Governor directs.

1 7 . (1) In the construction, and for the purposes of

'Construc

tion of

Acts, etc.

any Act, by-law, regulation, ordinance, or any other instrument or document whatsoever, of the same or a different kind or nature, any reference to, or to be read,

doomed

Transport (Division of Functions) Amendment Act.

deemed and taken to refer to The Commissioner for	1^952.
Eoad Transport and Tramways shall be read, deemed and taken to refer to—

(a)	The Director of Transport and liighwaj'S— 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 Department of Transport and Highways or the administration of that Department;

■

(b)

The Commissioner for Government Tram and Omnibus Services—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 Department of Government Tram and Omnibus Services or the administration of that Department.

(2) Without prejudice to the generality of sub section one of this section—

(a)

Any reference of the nature referred to in that subsection may, pursuant to that subsection, be read, deemed and taken to refer to The Director of Transport and Highways or The Commis sioner for Government Tram and Omnibus Ser vices or to both of them at tlie same or different times, as the case may require;

(b)

The Director of Transport and Highways shall have and enjoy, in relation to the administra tion by such Director of the Department of Transport and Higliways, and to any power, authority, duty or function which may be exer cised or performed by or on behalf of such Director and to the exercise and performance of any such power, authority, duty or function, all the privileges, protections, and immunities which, immediately before the commencement of this Act, were had and enjoyed by or pro

'	vided for The Commissioner for Road Trans-

j	port and Tramways;

(c)

116 Transport (Division of Functions) Amendment Act.

ih). 15, 1958.

Commissioner for Government Tram and Omnibus Services shall have and enjoy, in rela tion to the administration by such Commissioner of the Department of Government Tram and Omnibus Services, and to any power, authority, duty or function which may be exercised or performed by or on behalf of such Commis sioner and to the exercise and performance of any such power, authority, duty or function, all the privileges, protections and immunities which, immediately before the commencement of this Act, were had and enjoyed by or pro vided for The Commissioner for Road Trans port and Tramways.

(3)	This section shall not be construed so as to

prejudice or limit any privilege, protection or immunity which is, by the operation of any Act, had and enjoyed by or provided for The Director of Transport and High ways or The Commissioner for Government Tram and Omnibus Services.

Powers of	1 8 .	In the application of this Act to and in respect
Director and

Commis	of sections one hundred and fifty-eight to one hundred
sioner for	and sixty-three, both inclusive, of the Transport Act,
Govern
ment Tram	1930, as amended by subsequent Acte—
and Omni

bus Services	(a) The Director of Transport and Highways shall,
in respect

of discon	without prejudice to the generality of subsection
tinuance of	three of section three of this Act, have and
privately-
owned	exercise the power to determine that a route in
omnibus	respect of which a service license has been
aervices, &c.	granted should bo discontinued or that such route should in the public interest be operated by The Commissioner for Government Tram and Omnibus Services;

(b)	The Commissioner for Government Tram and Omnibus Services shall be the authority to which notice to purchase under section one hundred and fifty-eight aforesaid shall be given and

,	upon which the obligation to purchase the motor omnibuses, plant and lands, and all powers and obligations in relation thereto shall devolve.

Transport (Division of Functions) Amendment Act.

117

1 9 .

(1) In the application of section one hundred and

5̂, 1952.

the w'ords “ in the branch” were omitted therefrom.

tliirteen of the Transport Act, 1930, as amended by sub- secs. 113

sequent Acts, to and in respect of officers in the service Transp1)rt

of The Director of Transport and Highways or of Tlie Act, 1930.

Commissioner for Government Tram and Omnibus

(2) Notwithstanding subsection three of section one hundred and fourteen of the Transport Act, 1930, as amended by subsequent Acts, the fees and expenses of the Appeal Board constituted under that section shall be paid by The Director of Transport and Highways and The Commissioner for Goveniment Tram and Omnibus Services in such proportions and out of such funds as the Minister may determine.

2 0 . (1) The officers and employees of the Depart- officers and

ment of Road Transport and Tramways who, immedi

ately before the commencement of this Act, wore Director of

employed in that Department exclusively in connection

with the administration of any power, authority, duty Highways,

or function of The Commissioner for Road Transport

and Tramways which by this Act is required or jicrmitted

to be exercised and performed by The Director of Trans

port and Highways shall become and be officers and

■employees of the Department of Transport and Higli

ways.

(2) For the purposes of this Act, The Director of Transport and Highways may by arrangement with The Commissioner for Railways, The Commissioner for Main Roads, The Commissioner for Government Tram and Omnibus Services or the Public Service Board trans fer to the Department of Transport and Highways, or make use of the services of, any officer or employee of such other Commissioner or of the Public Service, as fhe case may be.

(3) Any officer or employee transferred to the Department of Transport and Highways under the fore going provisions of this section who, at the time of his transfer or at any time prior thereto, was an officer of the Public Service or an officer or employee of the

Department

I l 8

Transport (Division of Functions) Amendment Act.

Mo. 15,1952. Department of Eailways, the Department of Main

Roads, the Department of Road Transport and Tram ways or the Department of Government Tram and

Omnibus Services, and was a contributor to a superan nuation fund or account, may continue as a contributor or resume and continue contributions to such fund or account, and shall be entitled to receive any annual, sick, deferred or extended leave, and any privileges, and any payment, pension or gratuity as if he were an officer or employee within the meaning of the Public Service Act,. 1902, as amended by subsequent Acts, or an officer or employee of any of such Departments, as the case may be, and his service under this Act shall be deemed to he service for the purposes aforesaid.

(4)	Any officer or employee transferred to the

Department of Transport and Highways under the fore

going provisions of this section who, at the time of his transfer or at any time prior thereto, was an officer of the Public Service or an officer or employee of the Department of Railways, the Department of Main Roads, the Department of Road Transport and Tramways or the Department of Government Tram and Omnibus Services, and was not a contributor to a superannuation fund or account, shall be entitled to receive any annual, sick, deferred or extended leave, and any privileges, and any payment or gratuity as if he were an officer or employee within the meaning of the Public Service Act, 1902, as amended by subsequent Acts, or an officer or employee of any of such Departments, as the case may be, and his service under this Act shall be deemed to be service for the purposes aforesaid.

Officers and	2 1 .	(1) The officers and employees of the Depart
employees

of The	ment of Road Transport and Tramways who, immediately
Commis
sioner for	before the commencement of this Act, were employed
Govern	in that Department and who are not by the operation of
ment Tram
and	subsection one of section twenty of this Act transferred
Omnibus
Services.	to the Department of Transport and Highways shall become and be officers and employees of the Department of Goveniment Tram and Omnibus Services.

( 2)

Transport (Division of Functions) Amendment Act.

119

(2) For the purposes of this Act, The Commis sioner for Government Tram and Omnibus Services may by arrangement with The Commissioner for Railways, The Commissioner for Main Roads, The Director of Transport and Highways or the Public Service Board transfer to the Department of Government Tram and Omnibus Services, or make use of the services of, any officer or employee of such other Commissioner or of such Director or of the Public Service, as the case may be.

(3) Any officer or employee transferred to the Department of Government Tram and Omnibus Services under the foregoing provisions of this section who, at the time of his transfer or at any time prior thereto, was an officer of the Public Service or an officer or employee of the Department of Railways, the Depart ment of Main Roads, the Department of Road Transport and Tramways or the Department of Transport and Highways, and was a contributor to a superannuation fund or account, may continue as a contributor or resume and continue contributions to such fund or account, and shall be entitled to receive any annual, sick, deferred or extended leave, and any privileges, and any payment, pension or gratuity as if he were an officer or employee within the meaning of the Public Service Act, 1902, as amended by subsequent Acts, or an officer or employee of any of such Departments, as the case may be, and his service under this Act shall be deemed to be service for the purposes aforesaid.

(4) Any officer or employee transferred to the Department of Government Tram and Omnibus Services

under the foregoing provisions of this section who, at

the time of his transfer or at any time prior thereto, was

an officer of the Public Service or an officer or employee

of the Department of Railways, the Department of Main

Roads, the Department of Road Transport and Tram

ways or the Department of Transport and Highways,

and was not a contributor to a superannuation fund or

account, shall be entitled to receive any annual, sick,

•deferred or extended leave, and any privileges, and any	t
pajunont or gratuity as if he were an officer or employee within the meaning of the Public Service Act, 1902, as

amended

120 Transport (Division of Functions) Amendment Act.

Ho. 15, 1952. amended by subsequent Acts, or an officer or employee of

any of such Departments, as the case may be, and his service under this Act shall be deemed to be service for the purposes aforesaid.

Public	2 2 .	(1) The Public Service Act, 1902, as amended by
Service

Act, 1902,	sul)sequent Acts, shall not apply to the appointment or
not to	emi)loyment of any officer or employee of the Depart
apply to
employ	ment of Trans]iort and Highways or the Department of
ment of	Go\ernment Tram and Omnibus Services.
officers or
employees.	(2) Where immediately before the commence ment of this Act the employment of any such officer was regulated by the Public Service Act, 1902, such officer shall have the same right to consideration for any ai)i)ointment in the Public Service as is provided by the Public Service Act, 1902, for an officer of the Public Service.

Awards and	2 3 .	Where any condition of employment of any officer
industrial

agreements	ur employee transferred to the Department of Transport
to apply to	and Highways or the Department of Government Tram
transferred
officers	and Omnibus Services pursuant to section twenty or
and	section twenty-one of this Act is, at the date of his
employees.	transfer, regulated by an award or industrial agreement^ such condition shall continue to be so regulated until an award by which The Director of Transport and High- wjiys or The Commissioner for Government Tram and ( iranibus Services, as the case may be, is bound is made by an authority of competent jurisdiction, or such condi tion is regulated by an industrial agreement to which such Director or such Commissioner, as the case may be, is a party.

Amend	2 4 .	(1) The Transport and Highways Act, 1950, is
ment of

Act No. 10,	amended—
1950.

Sec. 3.

(a) by omitting from paragraph (d) of subsection sioner for Road Transport and Tramways” and by inserting in lien thereof the words “ the Commissioner for Government Tram and Omni

(Conetitntioa

three of section three the words “ the Commis

aion.)

of ComiuiB’

bus Services” ;

(b )

Transport (Division of Functions) Amendment Act.

121

(b) (i) by inserting in paragraph (g) of subsection

1952.

five of section four after the word “ Com- See.4.

mission” the words “ the Director of (Directorof

Transport and Highways in relation to the

performance and exercise of the powers, Highways.)

authorities, duties and functions conferred

and imposed upon such Director by or

under the Transport (Division of Ihino-

tions) Amendment Act, 1952” ;

(ii) by omitting from the same paragraph the words “ the Commissioner for Road Trans port and Tramways” and by inserting in lieu thereof the words “ the Commissioner for Government Tram and Omnibus Services” ;

(iii) by omitting from paragraphs (a) and (b) of subsection seven of the same section the words “ is divided under the Transport (Dhdsion of Functions) Act, 1932-1947” wherever occurring and by inserting in lieu thereof the words “ is or was divided under the Transport (Division of Functions) Act, 1932-1947, or the Transport (Division of Functions) Amendment Act, 1952” ;

(iv) by inserting in paragraph (e) of the same subsection after the figures “ 1947” where firstly occurring the words “ and the Trans port (Division of Functions) Amendment Act, 1952” ;

section seven after the figures “ 1947” (Officers wherever occurring the words “ and the servants.) Transport (Division of Functions) Amend

ment Act, 1952” ;

(ii) by omitting from subsections four and five of the same section the words “ is divided under the Transport (Division of Func tions) Act, 1932-1947” wherever occurring and by inserting in lieu thereof the words “ is or was divided under the Transport

(Division

122 Transport (Division of Functions) Amendment Act.

Mo. 15,1952.	(Division of Functions) Act, 1932-1947, or the Transport (Division of Functions) Amendment Act, 1952” ;
Sec. 8.

(Powers of

(d) (i) by inserting in subsection one of section

Commis

eight after the word “ Commission”

sion.)

wherever occurring the words “ or the

Director” ;

(ii) by inserting in the same subsection after the figures “ 1947” wherever occurring the words “ and the Transport (Division of Functions) Amendment Act, 1952” ;

(iii) by inserting in paragraph (b) of the same subsection after the word “ its” the words “ or his” ;

(iv) by omitting from paragraph (g) of the same subsection the words “ the Commis sioner for Road Transport and Tramways” and by inserting in lieu thereof the words “ the Commissioner for Government Tram and Omnibus Services” ;

(v) by omitting from subsection two of the same section the words “ the Commissioner for Road Transport and Tramways” and by inserting in lieu thereof the words “ the Commissioner for Government Tram and Omnibus Services ’ ’;

(vi) by inserting in the same subsection after the word “ Commission” the words “ or the Director” ;

(vii) by inserting in the same subsection after the word “ i t” where secondly occurring the words “ or him” ;

Sec. 9.

(e) (i) by inserting in subsection one of section occurring the words “ and the Transport (Division of Functions) Amendment Act, 1952” ;

(Powers of	nine after the figures “ 1947” wherever
inspection,
etc.)

(ii) by omitting from subsection two of the same section the words “ the Commissioner for Road Transport and Tramways” and by

inserting

Transport (Division of Functions) Amendment Act.

123

inserting in lieu thereof the words “ the Commissioner for Government Tram and Omnibus Services” ;

(iii) by inserting next after the same subsection the following new subsection:—

(3) The Commission may, for the pur poses of this Act, at any time and from

‘

time to time require the Director of Trans port and Highways in relation to the per formance and exercise of the powers, authorities, duties and functions conferred and imposed upon such Director by or under the Transport (Division of Func tions) Amendment Act, 1952, to furnish all such information, particulars and records as the Commission may require.

•f) by omitting subsection two of section eleven and by inserting in lieu thereof the following sub	See. 11.
tions by
(Contribu

section :—	certain authorities
(2) The Commissioner for Eailways, the Commissioner for Government Tram and Omni	towards expenses
of admin
bus Services, the Commissioner for Main Roads,	istration.)
the IMaritime Services Board of New South Wales and the Director of Transport and Higli ways in relation to the performance and exer cise by such Director of the powers, authorities, duties and functions conferred and imposed upon such Director by or under the Transport (Division of Functions) Amendment Act, 1952, shall make such contributions towards the amount so expended in any period of twelve months referred to in subsection one of this section as the Colonial Treasurer may determine.
Different contributions may be determined in respect of each of the persons abovemem tioned.
Such contributions shall be payable in such manner and at such times as the Colonial Treasurer may determine.

■

( g

) .

124 Transport (Division of Functions) Amendment Act.

So. iS, 19&2.	(g)	by inserting next after section thirteen the
New sees.	following new sections;—
14 end 15.

14. (1) The Governor may, by regulations

Application

of certain	made under this Act, declare that, as from a
provisions	date to be specified in the regulations, the pro
of the
Transport	visions of Parts XI and XII of the Transport
Act, 1930,	Act, 19o0, as amended by subsequent Acts, or
to officers
and	such of those provisions as may be specified in
employees	the regulations shall, subject to the modifica
under
this Act.	tions and adaptations referred to in subsection two of this section, apply to and in respect of officers and employees (including the secretary) appointed pursuant to section seven of this Act.
(2) The regulations shall, by reference to sections, subsections or otherwise, set out the provisions so declared to apply with such modifications and adaptations as the Governor deems necessary for the purpose of such appli cation.
Begulatioae.	15. (1) The Governor may make regulations not inconsistent with this Act prescribing all matters which by this Act are required or per mitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of such publication or from a later date to be specified in the regulations;
(c)	be laid before both Houses of Par liament within fourteen sitting days after publication if Parlia ment is in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a

resolution of which notice has been g:ivcn at

any time within fifteen sitting days after the

regulations

Parliamentary Electorates and Elections (Amendment) A ct

125

regulations have been laid before sucb House ***•	i9S2fc
disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

(2) The Transport and Highways Act, 1950, as amended by this Act, may be cited as the Trans port and Highways Act, 1950-1952,

2 5 . (1) The Transport (Division of Functions) Act, 1932, as amended by subsequent Acts, is amended—	Amend
ment of
Aet No. 31,.
1932.

(a) by inserting at the end of subsection one of section eight the following new paragraph:—	See. 8.
ment and (Appoint powers of

After the commencement of the Transport (Division of Functions) Amendment Act, 1952,	Assistant
Commis
no appointment of an Assistant Commissioner	sioners.)
for Eailways shall be made pursuant to this subsection.

(b) by omitting subsection two of section twenty-

24.

four.

(Powers of

Commis-

( 2 ) The Transport (Division of Functions) Act, sioner in

1932, as amended by subsequent Acts and by this Act, officer

may be cited as the Transport (Division of Functions) empioyees.>

Act, 1932-1952.