Commonwealth Railways Act 1968

Overview

The Commonwealth Railways Act 1968 was enacted to address specific gaps and issues within the existing Commonwealth Railways Act 1917-1966. This legislation was introduced to repeal certain sections of the Principal Act, specifically sections 78, 79, and 81, and to incorporate consequential amendments. The enactment was carried out by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this Act was to refine the legal framework governing the Commonwealth Railways by removing outdated or redundant provisions and updating the structure of the legislation to reflect current legal standards and practices. This Act ensures that the repealed sections do not apply to actions in respect of causes of action that arose before its commencement, except where judgment was given prior to that date.

Scope and Application

The Commonwealth Railways Act 1968 serves to repeal specific sections of the Commonwealth Railways Act 1917-1966, namely sections 78, 79, and 81, and introduces consequential amendments. This Act applies to any actions concerning causes of action that arose after the Act's commencement, except where judgment was already given prior to this date. The repealed sections pertain to the limitation of actions against the Commissioner, notices of occurrence of causes of action and intended actions, and the limit of damages for personal injury. By repealing these sections, the Act effectively alters the legal landscape for claims related to Commonwealth Railways, ensuring that only the amended provisions apply to subsequent proceedings. The geographic and jurisdictional reach of this Act is nationwide, as it pertains to the Commonwealth of Australia, and it does not introduce any new exclusions, exemptions, or thresholds beyond what is specified within the text. Any further application or interpretation of this Act may be extended or restricted through subordinate instruments, which would provide additional context and regulatory detail as necessary.

Key Provisions

The Commonwealth Railways Act 1968 (C1968A00027) is primarily concerned with repealing specific sections of the Commonwealth Railways Act 1917-1966 and introducing certain consequential provisions. Section 1 provides the short title of the Act and specifies that the earlier Act will be referred to as the Principal Act, while the amended version will be known as the Commonwealth Railways Act 1917-1968. Section 2 stipulates that the Act comes into operation on the day it receives Royal Assent. The Act makes specific amendments to the Principal Act, most notably by omitting certain sections and renumbering others, as detailed in Section 3. Section 4 of the Act repeals Section 78 of the Principal Act, which dealt with the limitation of actions against the Commissioner. Section 5 repeals Section 79, which concerned notices of the occurrence of a cause of action and of intended action. Finally, Section 6 repeals Section 81, which established the limit of damages for personal injury. These changes effectively remove the specific provisions related to these sections from the Principal Act. Section 7 provides that the repealed provisions do not apply to actions where the cause of action arose before the Act's commencement, except in cases where judgment was given prior to that date. The obligations imposed by the Act primarily involve the removal of certain legal constraints and procedures outlined in the repealed sections of the Principal Act. Parties governed by the Act must now operate under the modified legal framework, which excludes the repealed sections from applying to new causes of action post-commencement. This means that any actions or proceedings initiated after the Act's commencement will not be subject to the limitations and requirements previously stipulated in Sections 78, 79, and 81 of the Principal Act. Breach of the provisions in the repealed sections, if they were still in effect, could have led to various civil consequences, such as limitations on the time within which claims could be brought or specific procedural requirements that needed to be followed. However, since these sections are no longer applicable, there are no specific offences or penalties related to their breach under the Commonwealth Railways Act 1968. Instead, any legal issues arising from the repealed sections would be governed by the new provisions or other relevant legislation.