Western Australian Government Tramways and Ferries Act Amendment Act 1950 (WA)

No. 5.1 Western Australian Government [1950.

Tramways and Ferries.

WESTERN AUSTRALIAN GOVERNMENT

TRAMWAYS AND FERRIES.

14° Geo. VI., No. V.

No. 5 of 1950.

AN ACT to Amend the Western Australian

Government Tramways and Ferries Act, 1948.

[Assented to 15th November, 1950.]

BE it enacted by the King's Most Excellent of the Legislative Council and the LegislativeMajesty, by and with the advice and consent

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1.

This Act may be cited as the Western Aus- tralian Government Tramways and Ferries Act,

Amendment Act, 1950, and shall be read as one with

the Western Australian Government Tramways and Ferries Act, 1948 (Act No. 52 of 1948), hereinafterreferred to as the principal Act.

Citation of

principal	2.	The principal Act as amended by this Act may
amended by

Act as	be cited as the Western Australian Government
this Act.	Tramways and Ferries Act, 1948-1950.

38

amended. 3. Section thirty-six of the principal Act is

amended by

(a) adding after the section number, "36" the figure one in brackets thus—(1);

(b) adding the following subsections:

Cf. Govt.

Elys. Act,	(2) If anything is left on a Govern-
1904-1948

(reprint

ment tramway or ferry, it may be dis-

21/2/1949),

s. 32.

posed of pursuant to the provisions of

this section.

1950.] Western Australian Government [No. 5.

Tramways and Ferries.

(3) If the thing is perishable the General Manager may cause it to be sold or, if it causes offence or creates a nuisance, he may cause it to be destroyed at the expense of the owner, and may cause either to be done without notice to the owner.

(4) In the case of anything to which the last subsection does not apply the General Manager may

(a)	give notice in the manner pre- scribed by the regulations that it will be sold on a day being not less than one month from the giving of the notice unless the owner pre- viously removes it and pays all charges payable in respect of it;
(b)	if the owner does not so remove it and pay those charges, cause it to be sold.

(5) The proceeds of sale effected pur- suant to the provisions of this section. shall be applied in paying

firstly the costs of and incidental to'

the sale; and

secondly, charges payable in respect of the thing, including all charges and expenses incurred in and incidental to the storage and handling of the thing and otherwise howsoever;

and the balance, if any, shall be paid to the credit of Government tramway or ferry revenue as the case may require.

(6) The amount expended in the exer- cise of the powers conferred upon the General Manager by the provisions of subsections (2) to (5) both inclusive of this section to the extent to which it is not recovered on sale pursuant to those provisions shall be recoverable by him in a court of competent jurisdiction.