STATUTORY RULES
1929. No. 20.
BY-LAWS UNDER THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1924-1928.
IN pursuance of the powers, conferred on it by section sixteen of the Seat of Government (Administration) Act 1924-1928, the Federal Capital Commission hereby makes, subject to the approval of the Governor-General, the following By-laws to come into operation, forthwith.
Dated the twenty-ninth day of November, 1928.
The Common Seal of the Federal Capital Commission was hereunto duly affixed in the presence of—
J. H. BUTTERS,
(l.s.) Chief Commissioner.
C. S. DALEY,
Secretary,
Approved in Executive Council this twenty-seventh day of February, 1929.
STONEHAVEN
Governor-General.
By His Excellency’s Command,
C. L. A. ABBOTT
Minister of State for Home Affairs.
Transportation By-Laws.
Short title.
1. These By-laws may be cited as the Transportation By-laws.
Time for commencing action.
2. Where, in respect of its operation of a motor omnibus service the Commission or any servant thereof becomes liable to an action for damages, or compensation, no action shall be maintainable unless the action is commenced within six months from the date upon which the liability arose.
Limit of liability as regards personal Injury.
3. In an action brought against the Commission to recover damages or compensation in respect of personal injury by accident arising out of its operation of a motor omnibus service, the maximum amount recoverable by the plaintiff shall be—
(a) in case of death resulting from, the injury, Two thousand pounds;
(b) in case of permanent disablement resulting from the injury, Two thousand pounds; and
(c) in case of temporary disablement resulting from the injury, One thousand pounds.
Limit of liability as regards loss of, or damage to, property.
4. In an action brought against the Commission to recover damages or compensation in respect of loss of, or damage to, property carried on an omnibus used in connexion with its operation of a motor omnibus service caused by accident arising out of the operation of the motor omnibus service, the maximum amount recoverable by the plaintiff shall be Two pounds.
______________________________
By Authority: H. J. Green, Government Printer, Canberra.
435.—Price 3d.
Overview
The Transportation By-laws, enacted in 1929, serve to provide regulatory guidance under the Seat of Government (Administration) Act 1924-1928. The Federal Capital Commission, empowered by section sixteen of the Act, created these by-laws to establish clear protocols for the operation of motor omnibus services within the Federal Capital Territory. These by-laws were introduced to address the need for a structured legal framework governing transportation services, ensuring that both the public and the Commission are aware of their respective rights and responsibilities. The overarching policy objective of these by-laws is to balance the protection of individuals involved in accidents with the need to manage the liability of the Commission in a manner that is both fair and economically sustainable.
Scope and Application
The Transportation By-Laws, enacted under the Seat of Government (Administration) Act 1924-1928, pertain specifically to the Federal Capital Commission's operation of motor omnibus services within the Commonwealth. The legislation sets forth the conditions under which the Commission and its employees can be held liable for damages or compensation in the event of accidents arising from such operations. It applies to any legal action taken against the Commission related to personal injury or property damage that occurs during the operation of motor omnibus services, specifying that any action for damages must be commenced within six months of the liability arising. The By-Laws also establish a cap on the maximum recoverable damages for personal injuries, including two thousand pounds in cases of death or permanent disablement and one thousand pounds in cases of temporary disablement, as well as a two-pound limit for property damage. This legislative instrument does not extend or restrict its application through subordinate instruments and does not explicitly mention any exclusions, exemptions, or thresholds beyond those outlined in the primary text.
Key Provisions
The Transportation By-laws, as stipulated in section 1 of the legislation, are a set of rules established to govern the operations of motor omnibus services within the jurisdiction. These by-laws outline the timeframe within which legal actions can be initiated against the Commission, as well as the limits of liability in the event of accidents resulting in personal injury or property damage. Specifically, any action for damages or compensation related to the operation of a motor omnibus service must be initiated within six months from the date the liability arose, as detailed in section 2. The maximum compensation amounts are set for different types of injuries: Two thousand pounds for death or permanent disablement, and One thousand pounds for temporary disablement, as outlined in section 3. For property damage, the maximum recoverable amount is Two pounds, as mentioned in section 4.
The obligations imposed by these by-laws primarily concern the Federal Capital Commission and any entities operating motor omnibus services within the defined area. The Commission must ensure compliance with the timeframes and liability limits specified in sections 2 to 4. This involves adhering to the six-month period for initiating legal actions against the Commission and adhering to the prescribed compensation limits for personal injury and property damage. These provisions are designed to provide a structured approach to handling claims and ensuring that both the Commission and the claimants are aware of their rights and responsibilities.
Violations of the Transportation By-laws may lead to civil consequences for the Federal Capital Commission. While specific offences are not explicitly outlined in the by-laws, failure to comply with the statutory timeframes for legal actions or the prescribed compensation limits could result in legal challenges. The by-laws do not detail specific penalties or criminal consequences for breaches; however, non-compliance may lead to litigation aimed at enforcing the specified terms. The maximum penalties, as stated, are Two thousand pounds for death or permanent disablement, One thousand pounds for temporary disablement, and Two pounds for property damage. These penalties reflect the severity of the injury or damage and are intended to provide a fair and reasonable compensation framework.