Transport (Division of Functions) Further Amendment Act 1952 (NSW)
TRANSPORT (DIVISION OF FUNCTIONS)
FURTHER AMENDMENT ACT.
Act No. 24, 1952.
Eitabethn, An Act to make further provision as to trans
| ‘ | _^952. | port; to amend the Transport (Division of Functions) Amendment Act, 1952, the |
| 'Transport and Highways Act, 1950-1952, and certain other Acts in certain respects; to vahdate certain matters; and for pur poses connected therewith. [Assented to, 13th October, 1952.] |
T> E it enacted by the Queen’s Most Excellent Majesty, T3 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:—
| €3iort title | 1. | (1) This Act may be cited as the “ Transport |
| and com |
| mencement. | (Division of Functions) Further Amendment Act, 1952.” |
| (2) | This Act shall, except where otherwise |
expressly provided, commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
(3)
| Transport (Division of Functions) Further Amendment Act. | 167 |
| (3) | This Act shall be read and construed with the |
Transport (Division of Functions) Amendment Act,
1952, hereinafter referred to as the Principal Act.
2 . (1) The Transport and Highways Act, 1950, is Repeals,
| amended by omitting sections two, three, four, five, six, | 2*!’ |
| seven, eight, nine, ten, eleven, fourteen and fifteen. | 11,14 and |
(2) The Principal Act is amended by omitting Act No. is,
| section twenty-four. | 1952,8.24. |
(3) This section shall be deemed to have commenced Ccmmenoe-
upon the first day of September, one thousand nine
hundred and fifty-two.
| 3 . (1) There shall be a Superintendent of Motor Transport who shall be appointed by the Governor. | Motor |
(2) The Superintendent of Motor Transport
shall—
| (a) hold office at the will of the Governor; | , |
| (b) | receive such salary, travelling expenses and | |
|
by the Governor.
(3) The provisions of the Public Service Act, 1902,
shall not apply to the appointment of the Superintendent
| of Motor Transport. | . |
(4) (a) The provisions of section six of the Principal Act shall apply, mutatis mutandis, to any person appointed Superintendent of Alotor Transport who, immediately prior thereto, was an officer or employee of any of the Departments into which the Ministry of Transport is divided under the Transport (Division of Functions) Act, 1932, as amended by subsequent Acts.
(b) Any such person shall, if he ceases to hold office as Superintendent of Motor Transport from any cause whatsoever otherwise than for misbehaviour or incompetence or in the event of such office being discontinued or abolished, be entitled, if he is under the age of sixty years, to be appointed as an officer or employee of any such Department with a classification and salary not lower than that which he held immediately before his appointment as Superintendent of Motor Transport.
(5)
| i e t | Transport (Division of Functions) Further Amendment Act. |
| lie . g*. 1952. | 5̂ ̂ | q£ £]jg illness, suspension or absence |
of the Superintendent of Motor Transport the Governor may appoint a person to be the deputy of such Superintendent 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 Superintendent.
(b) In ease of the illness, suspension or absence of a person appointed to be the deputy of the Superin tendent of Motor Transport the Governor may terminate his appointment as such deputy and appoint some other person to be the deputy of such Superintendent for the balance of the period of the illness, suspension or absence of the Superintendent, and such other person, whilst so acting, shall exercise all the powers and perform all the duties of such Superintendent.
| Alteration | 4 . (1) The names of the Department of Transport and |
| cOTtaS*̂ | Highways and the Department of Government Tram, and |
traasport Omnibus Services into which the Department of Hoad authorities. Transport and Tramways was divided by subsection one
of section two of the Principal Act, and the Commissioner for Government Tram and Omnibus Services shall, as from the commencement of this Act, be altered to the Department of Motor Transport, the Department of Government Transport and the Commissioner for Government Transport, respectively.
(2) As from the commencement of this Act, in the construction, and for the purposes of 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, deemed and taken to refer to—
| (a) | the Department of Transport and Highways shall be read, deemed and taken to refer to the Department of Motor Transport; | |
| (b) | the Director of Transport and Highways shall be read, deemed and taken to refer to the Superintendent of Motor Transport; | |
| (c) | the Department of Government Tram and Omnibus Services shall be read, deemed and taken to refer to the Department of Government | |
|
Transport (Division of Functions) Further Amendment Act.
| (d) | tlie Commissioner for Government Tram and Omnibus Services sliall bo read, deemed and taken to refer to tlie Commissioner for Go\ernment Transport. |
5 . During the period commencing upon the first day Exercise by
of September, one thousand nine hundred and fifty-two, po”‘ert®etc.
and ending immediately before tbe commencement of this conferred
| A | __ | ’̂ y | 3 |
of Act No.
| (a) |
tbe exercise and performance by the Minister of validated conferred and imposed by tlic Principal Act upon the body corporate constituted under section tlii'ce of tlie Principal Act, and the administration by the Minister of the Department of Transport and Highways are hereby validated;
| (b) | tlie Minister shall for all purposes be deemed to have been the body corporate constituted under the said section three; and |
| (c) | nothing shall be deemed to have prejudiced or affected in any way the continuity of the body corporate constituted under the said section three. |
6. (1) (a) The body corporate referred to in section ReeonstUu-
| five of this Act shall, as from the commencement of this Hon and | l e-naraiBg ̂ |
| Act— | ot‘ pertain bodies |
| (i) be reconstituted; and | corporate. |
(ii) consist of the Superintendent of Motor Transport; and
(iii) be known as The Superintendent of Motor Transport.
(b) As from the commencement of this Act the-
name of the body corporate constituted by section four
of the Principal Act, shall be “ The Commissioner for
| Government | Transport” . |
(2) As from the commencement of this Act, in the
construction, and for tlie purposes of any Act (subsection
one of section five of the Principal Act excepted), by-law,
regulation,
170 Transport (Division of Functions) Farther Amendment Act.
Mo. Zi, 1952. regulation, ordinance or any other instrument whatsoever
of the same or a different kind or nature, any reference
to, or to be read, deemed and taken to refer to—
| (a) | The Director of Transport and Highways shall be read, deemed and taken to refer to The Superintendent of Motor Transport; |
| (b) | The Commissioner for Government Tram and Omnibus Services shall be read, deemed and taken to refer to The Commissioner for Government Transport. |
(3) Nothing contained in this section shall prejudice or affect in any way the continuity of the body corporate referred to in section five of this Act or of the body corporate constituted by section four of the Principal Act, but the same shall continue notwithstanding the provisions of this section.
(4) The reconstitution and alteration of name of the body corporate referred to in section five of this Act or the alteration of name of the body corporate constituted by section four of the Pidncipal Act, effected by subsection one of this section shall not affect any propert}^, powers, rights, authorities, duties, functions, liabilities or obligations of the body corporate referred to in section five of this Act or of the body corporate constituted by section four of the Principal Act, or render
| , | defective any legal or other proceedings instituted or |
| ’ | to be instituted by or against either of the said bodies corporate. |
| Any legal or other proceedings may be continued or commenced by or against the body corporate by the name of The Superintendent of Motor Transport or The Commissioner for Government Transport that might have been continued or commenced by or against the body corporate by the name of The Director of Transport and Highways or The Commissioner for Government Tram and Omnibus Services, as the case may be. |
| Amendment | 7 . | (1) The State Transport (Co-ordination) Act, 1931 |
| of Act No. | ||
| 8 2 ,1981. |
| Sec. 22. | 1951, is amended by inserting in subsection one of section |
| (Permits to | twenty-two after the word “ persons” the words “ or |
| use vehicles | |
| for carriag^e | goods” . |
| of |
| iwsaengers.) | (2) |
| Transport (Division of Functions) Farther Amendment Act. | 171 |
| (2) The State Transport (Co-ordination) Act, 1931, as amended by subsequent Acts and by this Act, may be cited as tbe State Transport (Co-ordination) Act, 1931 1952. | 2^953. |
8 . (1) Tbe Sydney Harbour Transport Act, 1951, is Amendment
amended-
| (a) | by omitting from paragraph (a) of subsection Sec.4. |
| two of section four tbe words “ Director of Transport and Highways” and by inserting Board.) in lieu thereof tbe words “ Commissioner for Government Transport” ; | |
| (b) | by omitting from subsection three of the same section the words “ The Director of Transport and Highways” and by inserting in lieu thereof the words “ The Commissioner for Government Transport” . |
(2) The Sydney Harbour Transport Act, 1951, as amended by this Act, may be cited as the Sydney Harbour Transport Act, 1951-1952.
9 . (1) The Minister may, where in his opinion it is inquiries
necessary or desirable in the public interest, refer any sLvke'̂ '̂ matter or thing affecting any of the Departments into Board on which the Ministry of Transport is divided under the Minister! Transport (Division of Functions) Act, 1932, as
amended by subsequent Acts, or the administration of
any of such Departments, to the Public Service Board
| constituted under the Public Service Act, 1902, as | ■ |
| amended by subsequent Acts, for inquiry or investigation and such Board shall thereupon conduct such inquiry or investigation and furnish a report thereon to the Minister. | |
| (2) For the purpose of the conduct of any such inquiry or investigation the Public Service Board shall have the same powers, including the power of delegation, as are vested in it under the Public Service Act, 1902, as amended by subsequent Acts, in relation to an inquiry or investigation under that Act, as so amended. |
ROYAL
0
0
0