South Australian Railways Commissioners Act Further Amendment 8. The following provisions shall apply with respect to the meetings of the said two Commissioners and the conduct of their business: PART II. Provisions with respect to meetings and conduct of business. (1) A meeting of the Commissioners shall be held at least once Meeting to be he'd in every month: once a month. (2) The Chief Commissioner shall preside at all meetings of Chief Commissioner the Commissioners: to preside at (3) The Chief Commissioner alone or the two Commissioners Conduct of business together shall constitute a quorum. In the event of the of Commissioners. Chief Commissioner being absent from his office on leave Cf. ibid., s. 9. of absence, or absent from the Commonwealth, the present Commissioner alone shall constitute a quorum : Commissioner to prevail. Cf. ibid., s. 15. If the Chief Commissioner differs from or disapproves Decision of Chief of the decision of the present Commissioner with respect to any matter before the Commissioners for their decision. and determination, such matter of difference or disapproval shall be determined according to the deliberate judgment of the Chief Commissioner, irrespective of the decision of the present Commissioner : In such case the Chief Commissioner shall enter or cause to be entered upon the minutes of the proceedings of the Commissioners his reasons at length for determining such matter in opposition to the decision of the present Commissioner, and shall forward to the Minister a copy of such minute, certified under his hand : The present Commissioner may also enter upon such minutes his reasons for differing from the Chief Commissioner and in support of his own decision, and may forward to the Minister a copy of such minute, certified under his hand : (4) The Commissioners shall keep minutes of all the proceedings Minutes to be kept. of the Commissioners at meetings: Cf. ibid., s. 17. (5) Section 62 of the principal Act shall be read and construed Simple contract as if the word "one were substituted for the word may be made by one "two" in the twelfth line thereof: (6) The rights, powers, authorities, and functions of the Commissioner of Railways under the Railways Service Appeal Board Act, 1903, may be exercised by the two Commissioners together or by either of the Commissioners. Commissioner. Functions of Commissioner under Commissioner. 9. No proceeding of the Commissioners shall be invalidated or Vacancy not to illegal in consequence only of there being any vacancy in the number invalidate. of Commissioners at the time of such proceeding. Ibid., s 10. 10. The Chief Commissioner and the present Commissioner shall Salaries of be paid such salaries as are fixed by the Governor from time to time Commissioners. PART II. Functions of Board South Australian Railways Commissioners Act Further Amendment time, and such salaries shall be paid to each of the said Commissioners out of moneys from time to time provided by Parliament for such purpose: Provided that neither the salary of the Chief Commissioner nor the salary of the present Commissioner shall be diminished during the term for which he is appointed. 11. The functions of the Board of Advice provided for by the of Advice suspended. amending Act of 1894 are hereby suspended. Upon present Commissioner ceasing to hold office, there to be one Commissioner. Salary of Cf. 612, 1894, s. 5. Past acts validated, 612, 1894, s. 7. 12. (1) Upon the present Commissioner ceasing to hold office, whether by reason of the expiration of his term of office and his not being re-appointed or otherwise (a) the foregoing provisions of this Part of this Act shall cease to be in force; (b) thenceforth there shall be one Commissioner instead of two Commissioners, as provided for by this Part of this Act, and such one Commissioner, in place of the said two Commissioners, shall be the body corporate incorporated by the amending Act of 1894, but without change of name or corporate entity; and (c) thenceforth all the provisions of the principal Act and of this Act and of any other Act shall be read and construed as if the foregoing provisions of this Part of this Act had not been passed. (2) Such one Commissioner shall be paid such salary as is fixed by the Governor from time to time, and such salary shall be paid to the Commissioner out of moneys from time to time provided by Parliament for such purpose: Provided that the salary of a Commissioner shall not be diminished during the term for which he was appointed. (3) The person holding the office of Chief Commissioner at the time the present Commissioner ceases to hold office shall be the first Commissioner for the purposes of this section, and his term of office shall date from the time he was appointed Chief Commissioner. 13. Nothing herein contained, or hereby implied, shall invalidate or, except so far as is necessary to give effect to this Act, affect anything lawfully done or suffered (a) prior to the commencement of this Part of this Act, by the Commissioner incorporated by the amending Act of 1894; or (b) subsequent to such commencement, by the Commissioners incorporated by this Part of the Act. PART South Australian Railways Commissioners Act Further Amendment Act.--1921. PART III. PART III. MISCELLANEOUS PROVISIONS. 14. The by-laws made by the Commissioner on the tenth day Validation of of June, one thousand nine hundred and twenty, and published in existing by-laws. the Government Gazette on the twenty-fourth day of June, one thousand nine hundred and twenty, shall be and continue in full force and effect until altered or repealed by subsequent by-laws made by the Commissioner, and shall be deemed to be enacted by this Act, and the validity thereof shall not be questioned in any Court of law in any manner howsoever. name and address 15. (1) Any person, while upon any railway vehicle or railway Persons using premises or upon quitting any railway vehicle or railway premises, railway to give shall, upon request by any stationmaster, guard, conductor, ticket on demand. examiner, porter, or other railway official, give to the said stationmaster, guard, conductor, ticket examiner, porter, or other railway official, his full name and address. (2) If any such person, upon being requested as aforesaid (a) refuses or fails to give his full name or address; or (b) gives a false name or a false address, he shall be liable to a penalty not exceeding Ten Pounds. 16. (1) No person shall I. while travelling in any tramcar belonging to the Com- Penalties for offences II. having paid his fare for a certain distance, proceed in III. refuse or neglect, on arriving at the point to which he IV. deface any notice on any part of any such tramcar; or VI. behave in a violent or offensive manner to the annoyance VII. refuse to leave the platform or steps of any such tramcar VIII. while travelling upon any such tramcar, or upon quitting any such tramcar, refuse or neglect, when thereunto requested by the conductor or driver, to give to the conductor or driver his full name or address, or shall give a false name or a false address. (2) Any Cf. 913, 1906, s. 95. PART III. Facilitation of proof of offences. South Australian Railways Commissioners Act Further Amendment (2) Any person who is guilty of any contravention of this section shall be liable to a penalty not exceeding Ten Pounds. 17. (1) The allegation in any information laid in relation to any alleged offence against the principal Act or any of the Acts incorporated therewith (a) that any property, real or personal, specified in the information belonged to or was the property of the Commissioner; or (b) that any person mentioned in such information was employed by or was in the service of the Commissioner, or was employed in the Railway Service of the State, or was employed by or was in the service of the Commissioner in a specified capacity, or was employed in the Railway Service of the State in a specified capacity, shall be accepted by the Court as proof of the truth of such allegations unless the contrary is proved. (2) In any proceedings for an offence against the principal Act or any of the Acts incorporated therewith, of which offence the absence of authority, consent, or licence from the Commissioner, or from the Secretary of the Commissioner, or from any other person on behalf of the Commissioner or the said Secretary, is a material element, any such authority, consent, or licence may be proved by the defendant, but need not be specified or negatived in the information for such offence; but whether it is or is not specified or negatived in the information, no proof in relation to it shall be required on the part of the informant. In the name and on behalf of His Majesty, I hereby assent to THE |