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No. 966. An Act to authorise the Railways Commissioner to take possession of certain portions

of the Adelaide Gaol Reserve, the Adelaide Park Lands, and the Sewers Yard adjoining the Adelaide and Nairne Railway, and to construct a Railway and Railway Works thereon, and for other purposes. [Assented to, December 23rd, 1908.]

No. 967. An Act to declare the Main Roads Schedules.

[Assented to, December 23rd, 1908.]

No. 968. An Act to consolidate and amend the Law relating to the Sale of Food and Drugs. [Assented to, December 23rd, 1908.]

No. 969. An Act to amend the Taxation Acts, and for other purposes.

[Assented to, December 23rd, 1908.]

No. 970. An Act to consolidate and amend the Laws relating to the Supplying of Intoxicating Liquors and the Exercise of Local Option with regard thereto, and the Licensing of Billiard and Bagatelle Tables, and for other purposes.

[Assented to, December 23rd, 1908.]

No. 971. An Act to amend and codify the Electoral Laws.

[Assented to, December 23rd, 1908.]

No. 972. An Act to authorise the Treasurer to raise Moneys to the amount of Two Millions Four Hundred and Sixty-three Thousand Pounds for various Public Works, and for other purposes. [Assented to, December 23rd, 1908.]

No. 973. An Act for the Further Appropriation of the Revenue for the Year ended June Thirtieth, One Thousand Nine Hundred and Eight, and for the General Appropriation of the Revenue for the Year ending June Thirtieth, One Thousand Nine Hundred and [Assented to, December 23rd, 1908.]

Nine.

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An Act to Surrender the Northern Territory of the State of South Australia to the Commonwealth of Australia, and for other purposes; and to Approve and Provide for Carrying Out an Agreement for such Surrender and other purposes entered into between the Governments of the said Commonwealth and the said State.

Reserved, December 21st, 1907.

Royal Assent proclaimed, May 14th, 1908.

HEREAS the Governments of the Commonwealth of Australia Preamble. and the State of South Australia have entered into the Agreement set out in the Schedule, subject to approval by the Parliaments of the said Commonwealth and the said State: And whereas it is desirable to approve and ratify and to provide for carrying out the said Agreement, and on the terms and conditions thereof to surrender the said Territory to the said Commonwealth-Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

1. This Act is divided into Parts, as follows:

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PART 11-Approval and Ratification of the Agreement and
Surrender of the Territory.

PART III.

DIVISION I.-Sale of Port Augusta Railway to and
Consent to Construction of Railways by the Com-

monwealth:

DIVISION II.-Incorporation.

PART

Division.

PART 1.

Short title.

Act to bind the
Crown.

Commencement.

Interpretation.

The Northern Territory Surrender Act.—1907.

PART I.

INTRODUCTORY.

2. This Act may be cited as " The Northern Territory Surrender Act, 1907."

3. This Act shall bind the Crown.

4. This Act shall come into force on a day to be fixed by Proclamation.

5. In this Act, unless the contrary intention appears

"The Agreement" means the Agreement set out in the Schedule:

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"The Commissioner means the South Australian Railways Commissioner:

"The Commonwealth" means the Commonwealth of Australia: "Government" means the Government of the State, and in respect of the railways of the State includes the Commissioner:

"The Northern Territory " means so much of the State of South
Australia as lies to the northward of the twenty-sixth
parallel of south latitude and between the one hundred and
twenty-ninth and one hundred and thirty-eighth degrees
of east longitude, together with the bays and gulfs therein,
and all and every the islands adjacent to any part of the
main land within such limits as aforesaid, with their rights,
members, and appurtenances:

"The Palmerston and Pine Creek Railway" means the rail-
way authorised to be made and maintained pursuant to
the "Palmerston and Pine Creek Railway Act, 1883": ·
"Part" means Part of this Act:

"The Port Augusta Railway" means the railway from Port

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Augusta to Oodnadatta authorised to be made and maintained pursuant to Acts No. 26 of 1876, No. 226 of 1881, No. 281 of 1883, and No. 413 of 1887.

Proclamation" means Proclamation by the Governor published in the Gazette:

"Public Service" includes Railway Service:

"South Australia Proper" means South Australia, not includ

ing the Northern Territory :

"The State" means the State of South Australia.

PART

The Northern Territory Surrender Act.-1907.

PART II.

APPROVAL AND RATIFICATION OF THE AGREEMENT

AND SURRENDER OF THE TERRITORY.

6. The Agreement is hereby approved and ratified.

PART II.

Ratification of
Agreement.

7. The Northern Territory is hereby surrendered to the Com- Surrender of the monwealth in accordance with the Agreement. Such surrender is Territory. subject to all freehold, leasehold, or other estates or interests in or agreements, securities. or rights in respect of land within the said Territory in existence at the time of the acceptance of such surrender by the Commonwealth.

Without limitation of the effect of such general words, such surrender includes the Palmerston and Pine Creek Railway and all the State's right, title, interest in, and control of, all State real and personal property and privileges in the said Territory (except moneys held by or on behalf of or to the credit of, or due or accruing due to, the State, at the date of the acceptance of such surrender), whether held by or vested in the Crown, or by or in any Commissioner, authority, or person, or otherwise, for State purposes.

Such surrender is subject to all freehold, leasehold, or other estates or interests in or agreements, securities, or rights in respect of land within the said Territory in existence at the time of the acceptance of such surrender by the Commonwealth.

8. On the acceptance of such surrender by the Commonwealth, the Government Resident and all other officers and persons in the Public Service of the State of South Australia whose salaries or other remuneration are provided for on the Estimates of Expenditure for the Northern Territory for the year 1907-8 may be transferred by and as from a date prescribed by Proclamation to the service of the Commonwealth, and on such transfer shall cease to be officers in the Public Service of the State of South Australia.

Any such officer who is not transferred to the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the Public Service of the State, be entitled to receive from the State, in addition to any retiring allowance to which he may be entitled under the "Civil Service Amendment Act, 1881," any compensation payable under the law of the State on abolition of his office.

The provisions of section 84 of the Commonwealth Constitution Act as to transferred officers shall apply to any officer who is under this Act transferred to the service of the Commonwealth as if he were an officer retained in the service of the Commonwealth within the meaning of that section.

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PART

The Northern Territory Surrender Act.-1907.

PART III.

DIVISION I.

Sale and transfer of
Port Augusta
Railway to the
Commonwealth.

Commonwealth may
construct part of
Transcontinental
Railway to Port
Darwin.

Commonwealth may construct railway

to western boundary line of South Australia.

Power to make surveys of routes, &c.

PART III.

DIVISION I.-SALE OF PORT AUGUSTA RAILWAY TO, CONSENT TO
CONSTRUCTION OF TRANSCONTINENTAL RAILWAY BY, THE
COMMONWEALTH.

9. In accordance with the Agreement the Commonwealth may acquire the Port Augusta Railway, and the said railway, including the lands vested in the Commissioner now used or reserved for such railway, together with all stations and other buildings, sidings, wharves, and other accessories vested in the Commissioner and used in connection with the working of the said railway, except the locomotive engines, railway carriages, trucks, and other movable plant or rolling-stock, shall be and is hereby sold and transferred to and invested in the Commonwealth, and the Commonwealth may maintain and work such railway.

10. Subject to the provisions of this Act, and the Agreement, and of the Acts incorporated with this Act, the Commonwealth

1. For the purpose of carrying out, in accordance with the Agree ment, its undertaking to construct or cause to be con structed the Transcontinental Railway line from Port Darwin southwards to a point on the Port Augusta Railway, may construct, or cause to be constructed, as part of such Transcontinental Railway, a railway in South Australia proper from a point on the Port Augusta Railway, to connect at a point on the northern boundary of South Australia proper with the part of such Transcontinental Railway to be constructed from Port Darwin southwards to such point, with all proper stations, approaches, works, and conveniences connected therewith. and necessary therefor, and may maintain and work such railway when constructed:

11. May construct, or authorise the construction of, or cause to be constructed, a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper, by a route to be determined by the Parliament of the Commonwealth, with all proper stations, approaches, works, conveniences connected therewith and necessary therefor, and may maintain and work such railway when constructed:

III. So far as may be necessary for the purposes of construction of the railways to the construction of which the State hereby consents, but subject to the provisions of and without limitation of the powers conferred by the Acts incorporated herewith, may

(a) Make or cause to be made surveys of the route of such railways:

(b) Compulsorily purchase, take, or acquire lands.

DIVISION

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