Railways Standardization (Administration) Regulations

Legislation au C1947L00071 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 71.

 

REGULATIONS UNDER THE RAILWAYS STANDARDIZATION AGREEMENT ACT 1946*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Railways Standardization Agreement Act 1946.

Dated this fourth day of June, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Transport.

 

RAILWAYS STANDARDIZATION (ADMINISTRATION) REGULATIONS.†

Citation.

1. These Regulations may be cited asthe Railways Standardization (Administration) Regulations.

Commencement.

2. These Regulations shall be deemed to have come into operation on the tenth day of December, 1946, being the date upon which the Agreement was executed by the parties thereto.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“the Act” means the Railways Standardization Agreement Act 1946;

“the Agreement” means the agreement executed in accordance with section four of the Act.

Remuneration of members of Board.

4. The remuneration of members of the Board shall be at such rate per annum as the Governor-General determines.

Granting of leave of absence.

5. The Governor-General may grant leave of absence to any member of the Board upon such conditions as to remuneration or otherwise as the Governor-General thinks fit.

Meetings of the Board.

6.—(1.) Meetings of the Board may be convened by the Chairman or, in his absence, by the Secretary of the Board.

(2.) The Minister may at any time convene a special meeting of the Board.

(3.) Three members of the Board shall constitute a quorum.

 

* Notified in the Commonwealth Gazette on , 1947.

† Statutory Rules 1946, No. 183, were not tabled within the prescribed time and, by virtue of section 48 (3.) of the Acts Interpretation Act 1901-1941, are void and of no effect.

3369.—Price 3d. 10/29.5.1947.


(4.) In the event of the absence of the Chairman and Deputy Director-General from any meeting the members present may select one of their number to act as Chairman at that meeting.

(5.) Any question arising at any meeting of the Board shall be determined by a majority of the votes of the members present.

(6.) The Chairman shall have a deliberative vote and, in the event of an equality of votes, a second or casting vote.

(7.) The Board shall keep a record of its proceedings.

Allowances.

7.—(1.) Members of the Board when required to travel on official business shall be paid such travelling allowances as the Governor-General determines.

(2.) In addition to travelling allowances members of the Board may be paid such other allowances as the Governor-General determines.

Persons temporarily employed.

8.—(1.) The Minister may employ such persons as are necessary for the purpose of carrying out the Agreement.

(2.) Persons employed in pursuance of the last preceding sub-regulation shall be employed during the Minister’s pleasure and their rates of pay and terms and conditions of employment shall be as specified in the appropriate award, order or determination of an industrial authority applicable to those persons or to the duties required to be performed by those persons, or where no such award or determination exists, the rates of pay and terms and conditions of employment shall be such as are determined by the Minister.

Inventories.

9. The Board shall maintain inventories of all property provided at the cost of the Loan Fund and be responsible for its allocation to the parties and for its safe custody or final disposal when no longer required for the purposes of the Act.

Accounts and reports.

10.—(1.) The Board shall in respect of each financial year submit to the Minister as soon as possible after the close of each financial year, an annual report in respect of the operations of the Board and a financial statement in such form as the Treasurer approves.

(2.) The annual report and financial statement shall be laid before each House of the Parliament within fifteen sitting days after their receipt by the Minister.

(3.) The Board shall furnish to the Minister such reports, documents, and information relating to the operations of the Board as the Minister requires.

Delegation.

11.—(1.) The Minister may, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

(2.) Every delegation under these Regulations shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Railways Standardization (Administration) Regulations 1947 were enacted under the Railways Standardization Agreement Act 1946 by the Governor-General, with the advice of the Federal Executive Council. The problem these regulations sought to address was the need for streamlined and standardised administration of railways in Australia, facilitating better coordination and efficiency across state borders. The policy objective of these regulations is to provide a framework for the administration of the agreement, ensuring that the Board's operations are well-managed and transparent. This includes provisions for the remuneration of Board members, allowances for travel and employment of temporary staff, as well as the maintenance of inventories and the submission of annual reports and financial statements to the relevant authorities.

Scope and Application

The Railways Standardization (Administration) Regulations, enacted under the Railways Standardization Agreement Act 1946, govern the administrative aspects of the agreement between the Commonwealth and the states concerning the standardization of railways in Australia. These regulations apply to the Board established under the Act and its members, including the remuneration and allowances for members, as well as to any persons temporarily employed by the Minister for the purposes of executing the agreement. The regulations define the administrative processes for the Board's operations, including the convening of meetings, the requirements for a quorum, and the methods of decision-making during meetings. Additionally, the regulations outline the procedures for the Board to submit annual reports and financial statements to the Minister, who then presents these to Parliament. The geographic reach of these regulations is national, applying across all jurisdictions in Australia where the agreement is executed. The regulations do not specify exclusions or exemptions, nor do they delineate particular thresholds; however, they do allow for the Minister to delegate certain powers and functions, thereby extending the regulatory application through subordinate instruments.

Key Provisions

The Railways Standardization (Administration) Regulations, made under the Railways Standardization Agreement Act 1946, primarily address the administrative aspects of the Board's operations. For instance, Section 4 specifies that the remuneration of Board members is set by the Governor-General, while Section 5 allows the Governor-General to grant leave of absence to Board members under specified conditions. Meetings of the Board are governed by Section 6, which outlines the procedures for convening meetings, the quorum requirements, and the method of decision-making. Additionally, Section 7 mandates that the Board must maintain inventories of all property provided at the cost of the Loan Fund, ensuring accountability and proper allocation of resources. These Regulations impose specific obligations on the Board and the Minister, including the requirement for the Board to submit an annual report and financial statement to the Minister, as detailed in Section 10. The Minister, in turn, has the authority to convene special meetings of the Board and to employ necessary personnel for the Agreement's execution, as outlined in Sections 6 and 8, respectively. The Board is also tasked with keeping detailed records of its proceedings and providing any additional reports or information requested by the Minister, as stipulated in Sections 6 and 10. Failure to comply with these Regulations can result in various consequences. While the specific offences and penalties are not detailed within the Regulations themselves, breaches of statutory duties or regulations generally carry civil or criminal penalties depending on the nature and severity of the breach. Typically, such breaches could lead to fines, imprisonment, or other sanctions as prescribed by relevant legislation. However, the exact penalties would need to be determined in the context of broader legal frameworks and specific circumstances of non-compliance.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.