PART II.

Functions of Board

South Australian Railways Commissioners Act Further Amendment
Act.-1921.

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
Commissioner.

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.

MISCELLANEOUS PROVISIONS.

PART III.

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-
missioner, or after having travelled in any such tramcar,
avoid or attempt to avoid payment of his fare; or

II. having paid his fare for a certain distance, proceed in
any such tramcar beyond such distance, and neglect to
pay the additional fare for the additional distance, or
attempt to avoid payment thereof; or

III. refuse or neglect, on arriving at the point to which he
has paid his fare, to quit such tramcar; or

IV. deface any notice on any part of any such tramcar; or
v. obstruct any person employed on any such tramcar in
the performance of his duty; or

VI. behave in a violent or offensive manner to the annoyance
of others on any such tramcar; or

VII. refuse to leave the platform or steps of any such tramcar when required to do so by the conductor or driver; or

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

Penalties for offences relating to tramcar

Cf. 913, 1906, s. 95.

PART III.

Facilitation of proof of offences.

South Australian Railways Commissioners Act Further Amendment
Act.--1921.

(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
W. E. G. A. WEIGALL, Governor.

this Bill.

THE

South Australian Railways Commissioners Act Further Amendment
Act.-1921.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.