Port Augusta to Red Hill Railway Act 1935

Overview

The Port Augusta to Red Hill Railway Act 1935 was enacted to amend the Port Augusta to Red Hill Railway Act 1930. The 1930 Act authorised the Commonwealth Railways Commissioner to construct a railway from Port Augusta to Red Hill in South Australia. However, there had been doubts about whether the state's consent to the construction was still valid. The 1935 Act clarifies that the state's consent remains in full force and effect, thus addressing the uncertainty regarding the state's consent. The Act was passed by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of the 1935 Act was to ensure the completion of the railway project by clarifying the state's consent and addressing financial provisions. The Act increased the cost limit for the construction of the railway and altered the appropriation of moneys to cover the costs and the purchase of rolling stock. This legislative amendment aimed to facilitate the completion of the railway project and ensure its financial sustainability.

Scope and Application

The Port Augusta to Red Hill Railway Act 1935 applies to the construction of a railway from Port Augusta to Red Hill in South Australia, amending the earlier Port Augusta to Red Hill Railway Act 1930. The Act is concerned specifically with the activities of the Commonwealth Railways Commissioner in relation to this project, ensuring that the construction and financing of the railway are carried out according to the revised terms set out in this Act. The geographic scope of the Act is confined to the state of South Australia, although it is a Commonwealth Act. The Act also specifies financial adjustments, including the total cost of the project, which is now inclusive of rolling stock, and the appropriation of necessary funds from loans authorised under any Loan Act. The Act includes provisions for the repeal of certain sections of the Principal Act to reflect these changes, ensuring that all relevant parties adhere to the updated legislative framework.

Key Provisions

The Port Augusta to Red Hill Railway Act 1935 (the "Act") primarily amends the Port Augusta to Red Hill Railway Act 1930 (the "Principal Act"). The Act makes changes to the cost of the railway project, including the appropriation of funds, and repeals certain sections of the Principal Act (sections 2 and 11). The Act now specifies that the total cost of the railway, including rolling stock, shall not exceed £789,250, an increase from the previous limit of £735,000 exclusive of rolling stock (section 3). The Act also details that the funds required for the railway and rolling stock will be payable out of the proceeds of any loan raised under the authority of any Loan Act (section 4). The Act imposes specific financial obligations on the Commonwealth Railways Commissioner, who is responsible for the construction of the railway. The Commissioner must ensure that the total expenditure on the railway, inclusive of rolling stock, does not exceed the prescribed limit of £789,250 (section 3). The Act mandates that any necessary funds must be sourced from loans authorised under relevant Loan Acts, and these funds must be used to cover both the construction costs up to the opening of the railway for traffic and the purchase of rolling stock (section 4). Breaches of the financial limits set out in the Act could have significant consequences. While the Act does not explicitly outline specific offences or penalties for exceeding the cost limits, failure to comply with the appropriation of funds as prescribed could lead to legal repercussions. Such non-compliance might result in financial mismanagement charges or other legal actions taken against the Commonwealth Railways Commissioner or relevant parties involved in the project. The precise civil or criminal consequences would depend on the nature of the breach and applicable laws governing financial oversight and public projects.