Australian National Railways Commission Amendment Act 1987

Legislation au C2004A03509 Not in force Act

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Australian National Railways Commission Amendment Act 1987

No. 100 of 1987

 

An Act to amend the Australian National Railways Commission Act 1983

[Assented to 6 November 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Australian National Railways Commission Amendment Act 1987.

(2) The Australian National Railways Commission Act 19831 is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 4 shall come into operation or be deemed to have come into operation, as the case requires, immediately before 30 September 1987.


3. After section 13 of the Principal Act the following section is inserted:

Provision of entertainment etc.

“13a. (1) Without limiting the generality of subsection 6 (1), the Commission may, in accordance with by-laws in force under paragraph 79 (1) (ca), provide entertainment (including gambling facilities) or other services (not being services provided under section 13) specified in the by-laws:

(a) on passenger trains; or

(b) on premises owned or occupied by the Commission.

“(2) Entertainment or other services provided by the Commission as mentioned in subsection (1) shall be provided only for persons travelling on services operated by the Commission.

“(3) Notwithstanding any law of a State or Territory to the contrary:

(a) the Commission, and its employees, may permit persons to make use of entertainment or other services provided by the Commission in accordance with by-laws in force under paragraph 79 (1) (ca); and

(b) a person may, in accordance with those by-laws, make use of entertainment or other services so provided.

“(4) In this section:

(a) a reference to the Commission, or to its employees, includes a reference to a person acting with the authority of the Commission or to the employees of such a person, as the case may be; and

(b) ‘passenger train’ has the same meaning as in section 13.”.

Compensation payable to certain transferred South Australian employees

4. (1) Section 47 of the Principal Act is amended:

(a) by inserting after subsection (7) the following subsection:

“(7a) The regulations may provide that an amount specified in the Workers Compensation Act or in any regulation or Proclamation under the Act (including an amount specified by virtue of regulations made pursuant to this subsection) shall, for the purposes of this section, be taken to be replaced by such higher amount as is specified in the regulations.”;

(b) by omitting the definition of “applied South Australian provisions” from subsection (8) and substituting the following definition:

“ ‘applied South Australian provisions’ means the provisions of Parts II, IV and VIII of, and the Second Schedule to, the Workers Compensation Act, and of any regulations and Proclamations in force immediately before 30 September 1987 for the purposes of those Parts and that Schedule, as modified by:

(a) regulations made under the Compensation (Commonwealth Government Employees) Act 1971


for the purpose of enabling matters connected with the payment of compensation in relation to transferred South Australian employees in accordance with those provisions to be dealt with under Parts I, II, IV and V, Part VI (except section 98) and Parts VII and IX of the Compensation (Commonwealth Government Employees) Act 1971; and

(b) regulations made under this Act for the purposes of subsection (7a);”; and

(c) by omitting “from time to time” from the definition of “Workers Compensation Act” in subsection (8) and substituting “immediately before 30 September 1987”.

(2) Nothing in the amendments made by subsection (1) shall be taken, by implication, to affect the application of the Principal Act, as in force at a time before the commencement of this section, to a claim for compensation made or determined after that commencement in respect of an event that occurred or circumstances that arose or existed before that commencement.

Inquiries into accidents etc.

5. Section 70 of the Principal Act is amended by inserting after “be” in subsection (1) “, and such other matters relating to the accident or incident, as the case may be, as are specified in the instrument”.

By-laws

6. Section 79 of the Principal Act is amended by inserting after paragraph (1) (c) the following paragraph:

“(ca) the provision by or on behalf of the Commission of entertainment (including gambling facilities) or other services on passenger trains or on premises owned or occupied by the Commission;”.

 

NOTE

1. No. 140, 1983, as amended. For previous amendments, see No. 65, 1985; and No. 76, 1986.

[Minister’s second reading speech made in—

Senate on 15 September 1987

House of Representatives on 22 October 1987]

Overview

The Australian National Railways Commission Amendment Act 1987, enacted by the Queen and the Parliament of the Commonwealth of Australia, serves to amend the Australian National Railways Commission Act 1983. This Act was introduced to address the need for expanding the services provided by the Australian National Railways Commission, particularly in terms of entertainment and other services on passenger trains and on Commission-owned or occupied premises. The policy objective behind this amendment is to enhance the passenger experience by offering a broader range of services, while ensuring that these services are regulated and provided in accordance with specific by-laws. Additionally, the Act modifies compensation provisions for certain transferred South Australian employees, ensuring that they are appropriately covered under the relevant compensation acts and regulations.

Scope and Application

The Australian National Railways Commission Amendment Act 1987 amends the Australian National Railways Commission Act 1983 by expanding the Commission's ability to provide entertainment, including gambling facilities, and other services on passenger trains and on premises it owns or occupies. This is achieved through the insertion of a new section, 13a, which specifies that such services can only be provided to passengers travelling on services operated by the Commission. The Act also modifies the compensation provisions applicable to certain transferred South Australian employees, allowing for adjustments in compensation amounts under the Workers Compensation Act. Additionally, the Act inserts a new by-law provision in section 79, enabling the Commission to establish rules for the provision of entertainment and other services. The amendments apply to the Commonwealth jurisdiction and take effect upon receiving Royal Assent, with certain provisions coming into operation before 30 September 1987.

Key Provisions

The Australian National Railways Commission Amendment Act 1987 makes several significant changes to the Australian National Railways Commission Act 1983. Firstly, section 13a of the Act allows the Commission to provide entertainment, including gambling facilities, and other specified services on passenger trains and on premises owned or occupied by the Commission (section 13a(1)). This provision is subject to by-laws in force under section 79(1)(ca) of the Principal Act. The services must be provided only to persons travelling on services operated by the Commission (section 13a(2)). The Act also ensures that state or territory laws do not prevent the Commission or its employees from permitting the use of these services (section 13a(3)). Additionally, it clarifies that references to the Commission or its employees include those acting with the authority of the Commission or its employees (section 13a(4)(a)). The Act imposes several obligations on the Commission. Primarily, it mandates that any entertainment or other services provided must comply with the by-laws specified under section 79(1)(ca) of the Principal Act. The Commission must ensure that these services are offered exclusively to passengers on its trains or on its premises. Furthermore, the Act requires the Commission to adhere to the regulations made under the Compensation (Commonwealth Government Employees) Act 1971 and any regulations made under this Act for the purpose of subsection 7a of section 47 of the Principal Act (section 4(1)). This includes the modification of the applied South Australian provisions for the purposes of compensation for transferred South Australian employees. The Commission must also ensure that any changes to compensation amounts are specified in the regulations, as per section 47(7a) of the Principal Act. Breaches of the provisions of this Act may lead to various consequences. While the Act does not explicitly state specific offences or penalties, it is likely that any failure to comply with the regulations regarding the provision of services, or any non-adherence to the compensation provisions, could lead to civil or administrative penalties. Additionally, any failure to comply with by-laws in force under section 79(1)(ca) could result in legal action for non-compliance with legislative requirements. However, the exact penalties would depend on the specific regulatory framework governing the services provided by the Commission and the nature of the breach.

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