B

[Assented to, 20th December, 1902.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same. follows:

as

1. THIS Act may be cited as the Railways Acts Amendment Act, 1902.

2. IN this Act, unless the context otherwise indicates or requires.

"Commissioner " means the Commissioner of Railways for the
time being:

"Government Railway" means any railway belonging to His
Majesty in Western Australia, and includes-

(1.) All land belonging to His Majesty upon which the
railway is constructed, or which is or is reputed
to be held or used in connection with or for the
purpose of the railway; and also

Short title.

Interpretation.

(2.)

The Commissioner.

Constitution of
Commissioner.

Seal of Commissioner.

Salary of
Commissioner.

Commissioner
eligible for
re-appointment.

Certain Acts not to apply to Commis

sioner.

Railways Acts-Amendment.

(2.) All buildings, erections, wharves, jetties, works, rolling-stock, plant, machinery, goods, chattels, and other fixed or movable property of every description or kind belonging to His Majesty. and situate on such land, or held or used or reputed to be held or used in connection with or for the purpose of the railway.

"Minister" means the Minister for Works and Railways, or the responsible Minister of the Crown administering this Act for the time being;

Railways Acts" means the Railways Act, 1878, and the Acts amending the same.

3. (1.) THE person holding the office of Commissioner at the commencement of this Act shall, subject to the provisions hereinafter contained, continue to hold such office for five years from that date.

(2.) On the occurrence of a vacancy in the office of Commissioner, the Governor may

(a.) Appoint a person to be the Commissioner who, subject as aforesaid, shall hold office for the term of five years from his appointment; or

(b) Appoint an acting Commissioner who, while so acting, shall have the powers and perform the duties of the Commissioner.

4. (1.) THE Commissioner shall be a body corporate by the name The Commissioner of Railways of Western Australia ;" and, by that name, shall have perpetual succession and a common seal. (2.) All courts, judges, and persons acting judicially shall take judicial notice of the common seal of the Commissioner affixed to any document or notice, and shall presume that such seal was duly affixed.

5. (1.) THE Commissioner shall receive the salary of Fifteen hundred pounds a year.

(2.) Such salary is hereby charged on the Consolidated Revenue Fund, and such fund, to the extent required for the payment of such salary, is hereby permanently appropriated.

6. THE Commissioner shall, at the expiration of his term of office, be eligible for re-appointment for a like term of five years.

7. NOTHING in the Public Service Act, 1900, or the Superannuation Act shall apply to the Commissioner.

8.

Railways Acts-Amendment.

sioner.

8. IN case of of the illness, suspension, or absence of the Commissioner, the Governor may appoint some person to act as his Deputy Commisdeputy during such illness, suspension, or absence, and until such appointment is terminated by notice in the Government Gazette. Every person so appointed shall, while so acting, have all the powers and perform all the duties of the Commissioner.

Powers of

9. THE Commissioner shall have the management, maintenance, and control of all Government railways open for traffic, and, Commissioner. with the approval of the Minister, may make additions and improvements to existing lines, and in the performance of his duty shall have the powers, and be subject to the liabilities of a Commissioner of Railways under the Railways Acts.

10. ALL fares, tolls, and freights shall be fixed by regulations Fares, tolls, and made in accordance with the Railways Acts, and approved by the freights." Governor and published in the Government Gazette.

Such regulations shall be laid before both Houses of Parliament within fourteen days after publication, if Parliament is then sitting, or if Parliament is not then sitting, within fourteen days after its next sitting.

11. ALL railway employees, except the clerical staff, shall be subject to the provisions of any Classification Act for the time being in force.

Classification.

12. SECTION three of the Railway Servants Act, 1887, is Repeal of s. 3, 51 hereby repealed.

Vict., No. 1.

lines in construc

13. THE Commissioner shall decide on the position, character, Powers of Comand suitableness of all stations, station platforms, gate-houses, station- missioner over yards, and sheds required for or in connection with any railway s hereafter to be constructed, or of any other building, siding, platform, or work for the accommodation of the passengers, stock, or goods to be carried on such railway.

14. THE Commissioner may apply in writing to the Minister Commissioner may for additional stores, plant, material, rolling-stock, stations, sheds, requisition for and other accommodation which, in his opinion, may be required rolling-stock, etc. to enable him to meet the traffic requirements, or insure the efficient working of all Government railways open for traffic.

15. IN the first month in each quarter of every year the Commissioner shall report in writing to the Minister upon

(a.) The state of the traffic returns, with the approximate cost
and earnings of trains per train mile, in respect of
passengers and goods respectively carried during the
past quarter;

(b.)

Quarterly reports to Minister.

Annual Report.

Deputations.

Railways Acts-Amendment.

(b.) The general conditions of the lines, and accommodation. for the traffic;

(c.) Such other matters as the Minister may direct:

Such reports shall be laid before Parliament if Parliament is sitting, and if not, then immediately upon the re-assembling of Parliament; but the Minister may, if he think fit. publish such reports forthwith on his receiving them.

16. (1.) THE Commissioner shall prepare an annual report upon the Government Railways and the working thereof, and an account of all moneys received and expended during the preceding year.

(2.) Such annual report shall be laid before both Houses of Parliament in the month of September in each year, if Parliament is then sitting, and if Parliament is not then sitting, then within one month after the commencement of the next ensuing session thereof.

(3.) He shall also prepare estimates, in such form as the Minister may from time to time direct, of the receipts and expenditure for each period of twelve months ending on the thirtieth day of June in every year.

17. ANY deputation in which a member of Parliament takes part, or at which he is present, shall interview the Minister and not the Commissioner.

18. (1.) THE Commissioner may be suspended from his office removal of Com- by the Governor

Suspension and

missioner.

(a.)

For misbehaviour or incompetence.

(b.) If he engages, during his term of office, in any employment outside the duties of his office; or

(c.) If he becomes bankrupt, or applies to take the benefit of any Act for the relief of insolvent debtors, or compounds with his creditors, or makes an assignment of his salary for their benefit; or

(d.) If he absents himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor (which leave he is hereby authorised to grant), or becomes incapable of performing his duties; or

(e.) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government, or in anywise participates or claims