Part I
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Commonwealth act
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Direct links to the current provisions in Australian National Railways Commission Act 1983.
This Act may be cited as the Australian National Railways Commission Act 1983.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
annual report means an annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997.borrowing, in relation to the Commission, includes raising money or credit, whether by dealing in securities or otherwise, but does not include raising credit in a transaction forming part of the day to day operations of the Commission.
Chair means the Chair of the Commission.
Commission means the Australian National Railways Commission.
Commissioner includes the Chair, the Deputy Chair and the Managing Director.
corporate plan means a corporate plan for the Commission under section 17 of the Commonwealth Authorities and Companies Act 1997.
currency contract means:
(a) a forward exchange rate contract; or
(b) a contract with respect to currency futures.
Deputy Chair means the Deputy Chair of the Commission.
employee, in relation to the Commission, means any person appointed as an officer, or engaged as an employee, of the Commission.
futures contract means:
(a) a deferred delivery contract; or
(b) a contract with respect to financial futures; or
(c) a contract with respect to commodity futures.
goods includes movable personal property of any kind.
long service leave includes long leave, furlough, extended leave or any other leave in the nature of long service leave (however described).
Managing Director means the Managing Director of the Commission.
National Rail Corporation means the company incorporated under the Corporations Law in the Australian Capital Territory as the National Rail Corporation Limited.
National Rail Corporation Agreement means the agreement approved by section 5 of the National Rail Corporation Agreement Act 1992.
transferred South Australian employee means a person who was, in pursuance of section 13 of the Railways Agreement (South Australia) Act 1975, appointed as an officer, or engaged as an employee, of the Commission.
transferred Tasmanian employee means a person who was, in pursuance of section 11 of the Railways (Tasmania) Act 1975, appointed as an officer, or engaged as an employee, of the Commission.
(3) Where under a provision of this Act the Commission is, for any purpose, empowered to enter on, and inspect, occupy or do any other act or thing on, over or under, land, the provision shall be read as also empowering an employee of the Commission, a person acting for or on behalf of the Commission under a contract and an employee of such a person to enter on, and inspect, occupy or do that act or thing on, over or under, the land for that purpose. (4) A reference in this Act to the carriage of passengers and goods between prescribed places is a reference to the carriage of passengers and goods between: (a) a place in a State and a place in another State; (b) a place in a State and a place in a Territory; or (c) a place in a Territory and a place in the same or another Territory.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2) This Act does not make the Crown liable to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
(1) The Australian National Railways Commission, being the Commission established under the Australian National Railways Act 1917, is continued in existence. (2) The Commission: (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.
The functions of the Commission are: (a) to provide railway services for the carriage of passengers and goods: (i) over railways acquired from the States in accordance with paragraph 51(xxxiii) of the Constitution; (ii) over railways constructed or extended in the States in accordance with paragraph 51(xxxiv) of the Constitution; and (iii) between prescribed places; (b) to provide such other services as the Commission is authorized by this Act to provide; (c) to provide technical, engineering and other services to the Commonwealth and authorities of the Commonwealth; (d) to provide, at the request of the Commonwealth Government or with the approval of the Minister, technical, engineering and other services outside Australia; (e) to do anything incidental or conducive to the performance of the functions referred to in any of the preceding paragraphs; and (f) to provide, in Australia, to persons other than the Commonwealth and authorities of the Commonwealth such technical, engineering and other services as can conveniently be provided by the use of the resources of the Commission that are not immediately required by the Commission for the performance of the functions referred to in the preceding paragraphs; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to. Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.
(1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions or of its duties and, in particular, has power: (a) to enter into contracts; (b) to acquire, hold and dispose of real and personal property; (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth or a State or Territory and made available to the Commission; (d) to construct railways; (e) to erect buildings and structures and carry out works; (f) to manufacture plant, machinery, equipment and goods; (g) to hire out plant, machinery, equipment and goods that are not immediately required by the Commission for the performance of its functions or of its duties; (h) to provide transport, accommodation, provisions and facilities for employees of the Commission and their families; (j) to appoint agents and attorneys and to act as an agent for other persons; (k) to engage consultants; and (m) to do anything incidental to any of its powers. (2) The powers of the Commission may be exercised both within and outside Australia. (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).
(1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers. (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may: (a) require the Commission to: (i) cease to perform a specified function; or (ii) cease to exercise a specified power; or (b) impose restrictions or conditions on: (i) the performance by the Commission of a specified function; or (ii) the exercise by the Commission of a specified power.
Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.
(3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister. (4) Subsections (2) and (3) do not, by implication, limit subsection (1). (5) The Commission must comply with a direction under subsection (1). (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.
(1) The Commission must ensure that it, and its officers and employees: (a) take all reasonable action that will facilitate; and (b) refrain from taking any action that will impede; the transfer to the National Rail Corporation of functions, and the transfer or leasing of, or the granting of access to, assets, in accordance with the National Rail Corporation Agreement. (2) If the Minister is satisfied that the Commission has failed to comply with its obligations under subsection (1), the Minister may, in writing, request the Commission to take or refrain from taking specified action within a specified period and the Commission must comply with the request.
(1) The Commission shall not, without the approval of the Minister: (a) participate in the formation of a company; (b) subscribe for, or otherwise acquire, shares in a company; (c) enter into a partnership; or (d) enter into an arrangement for the sharing of receipts or profits. (2) An approval under subsection (1) shall be given by instrument in writing.
(1) The Commission may (as incidental or supplementary to, or in association with, the provision of railway services) provide services for the carriage of passengers and goods, otherwise than by rail, between: (a) prescribed places; (b) to the extent necessary to carry out an arrangement under section 10—a place in a State and another place in that State; or (c) to the extent provided by subsection (2)—a place in a State and another place in that State. (2) The powers of the Commission by virtue of paragraph (1)(c) may be exercised only in so far as the exercise of those powers is incidental to the exercise of another power, or other powers, of the Commission.
The Commission may make and carry out an arrangement with any person: (a) for the carriage of passengers and goods between: (i) prescribed places; or (ii) a place in Australia and a place outside Australia; and (b) under which the passengers and goods are to be carried partly by the Commission (whether by rail or otherwise) and partly by the other person.
(1) It is the intention of the Parliament that, subject to subsection (2), the Commission shall have and perform and may exercise, in addition to the functions and powers conferred on it by this Act, functions and powers conferred on it specifically by a law of a State or Territory, being functions and powers relating to land transport in the State or Territory. (2) The regulations may provide that subsection (1) does not extend to all or any of the functions or powers expressed to be conferred on the Commission by a law of a State or Territory.
The Commission, by arrangement with another person, may: (a) subject to section 14, connect a railway operated by the Commission with a railway operated by the person; (b) permit a railway operated by the person to be connected with a railway operated by the Commission; (c) run its locomotives and other rolling stock over a railway operated by the person; or (d) permit locomotives and other rolling stock of the person to run over a railway operated by the Commission.
(1) Without limiting the generality of subsection 6(1), the Commission may: (a) sell and supply travellers’ requisites on passenger trains; and (b) sell and supply travellers’ requisites, on premises set aside under subsection (2), to persons travelling on services operated by the Commission and to other persons. (2) The Commission may set aside premises owned or occupied by it for the sale and supply of travellers’ requisites to persons travelling on services operated by the Commission and to other persons. (3) Where the Commission leases to a person premises set aside under subsection (2), the Commission may, in writing, grant to the person an authority, for such term, and subject to such conditions, as are specified in the authority, to sell and supply, on the premises, travellers’ requisites to persons travelling on services operated by the Commission and to other persons. (4) The Commission shall: (a) in selling and supplying travellers’ requisites on premises set aside under subsection (2), ensure; and (b) specify in each authority granted under subsection (3), in relation to premises set aside under subsection (2), conditions for the purpose of ensuring; that, as far as is reasonably practicable, goods are not sold or supplied on the premises to persons resorting to the premises solely or principally for the purpose of obtaining those goods at times outside the days and hours of trading or business that would, but for this section, be applicable, under the law of the State or Territory in which the premises are situated, in relation to the sale or supply of those goods. (5) The Commission may exercise its powers under this section, the employees of the Commission may act in accordance with the powers of the Commission under this section and a person who holds an authority under subsection (3), and the servants and agents of such a person, may, subject to the conditions to which the authority is subject, act in accordance with the authority, without obtaining or having any other authority, licence, permit or registration. (6) Notwithstanding any law of a State or Territory to the contrary: (a) the Commission, and its employees, may permit the consumption, on passenger trains and on premises set aside under subsection (2), of meals and refreshments; (b) a person who holds an authority under subsection (3), and his servants and agents, may permit the consumption, on the premises to which the authority relates, of meals and refreshments; and (c) a person may, on a passenger train or on premises set aside under subsection (2), obtain and consume meals and refreshments sold or supplied in accordance with this section. (7) Except as expressly provided in this section, this section does not exempt a person from compliance with the law of a State or Territory. (8) In this section:
passenger train means a train operated by the Commission that is carrying, or waiting to carry, passengers.
refreshments includes alcoholic beverages.
travellers’ requisites means:
(a) meals;
(b) refreshments;
(c) tobacco, cigars, cigarettes, pipes and other smokers’ requisites; and
(d) other goods required, or likely to be required, by persons while travelling on services operated by the Commission.
(1) Without limiting the generality of subsection 6(1), the Commission may, in accordance with by‑laws in force under paragraph 79(1)(ca), provide entertainment (including gambling facilities) or other services (not being services provided under section 13) specified in the by‑laws: (a) on passenger trains; or (b) on premises owned or occupied by the Commission. (2) Entertainment or other services provided by the Commission as mentioned in subsection (1) shall be provided only for persons travelling on services operated by the Commission. (3) Notwithstanding any law of a State or Territory to the contrary: (a) the Commission, and its employees, may permit persons to make use of entertainment or other services provided by the Commission in accordance with by‑laws in force under paragraph 79(1)(ca); and (b) a person may, in accordance with those by‑laws, make use of entertainment or other services so provided. (4) In this section: (a) a reference to the Commission, or to its employees, includes a reference to a person acting with the authority of the Commission or to the employees of such a person, as the case may be; and (b) passenger train has the same meaning as in section 13.
(1) The Commission shall not construct a railway in Australia that is more than 25 kilometres in length unless the Parliament has, by an Act, authorized the construction of the railway by the Commission. (2) A Bill to authorize the construction of a railway by the Commission shall contain provisions relating to the following matters: (a) a detailed description of the route of the proposed railway; (b) the limit of deviation; (c) the estimated cost of the construction of the proposed railway. (3) Notwithstanding any law of the Commonwealth (other than this Act) or any law of a State or Territory to the contrary: (a) the Commission may, with the approval of the Governor‑General, construct a railway on, over or under land that, under the law of a State or Territory, is dedicated or reserved, or is vested in trustees, as a public park or otherwise for the purposes of public recreation; and (b) the Commission may construct a railway on, over or under any road. (4) The power under subsection (3) to construct a railway on, over or under land or a road, includes the power: (a) to erect on, over or under the land or road, as the case may be, buildings or other structures for use in connection with the railway; and (b) to install equipment on, over or under the land or road, as the case may be, for use in connection with the railway. (5) The Commission shall not exercise its powers under subsection (3) in relation to land or a road unless it has given reasonable notice, in writing, of its intention to do so to the authority having care and management of the land or road, as the case may be.
(1) The Commission may: (a) for the purpose of ascertaining the suitability of any land (including land owned or occupied by the Commonwealth or a State or Territory) for the purposes of the Commission: (i) enter on, and inspect, the land; and (ii) on land so entered, do any act or thing necessary or convenient for that purpose, including, without limiting the generality of the foregoing, making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil; and (b) for the purpose of surveying or obtaining information in relation to any land that, in the opinion of the Commission, is or may be suitable for the purposes of the Commission: (i) enter on adjacent land (including land owned or occupied by the Commonwealth or a State or Territory); and (ii) on land so entered, do any act or thing necessary or convenient for that purpose, including, without limiting the generality of the foregoing, making surveys and taking levels. (2) The Commission shall, before exercising its powers under subsection (1) in relation to any land, give reasonable notice, in writing, of its intention to do so to: (a) the owner of the land; and (b) if the land is occupied by a person other than the owner of the land—the occupier of the land. (3) A notice under subsection (2) in relation to land shall specify the purpose for which the Commission intends to exercise its powers under subsection (1) in relation to the land.
(1) The Commission may, for purposes connected with the construction, maintenance, alteration or repair of a railway: (a) enter on, and occupy, any land (including land owned or occupied by the Commonwealth or a State or Territory); and (b) on, over or under land so entered or occupied, do any act or thing necessary or convenient for those purposes, including, without limiting the generality of the foregoing: (i) diverting or altering, temporarily or permanently, the course of any watercourse; (ii) raising or lowering, temporarily or permanently, the level of any watercourse or other body of water; (iii) placing any plant, machinery, equipment or goods; (iv) taking or depositing sand, clay, stone, earth, gravel, timber, wood or other materials or things; (v) felling or lopping trees and clearing or removing other vegetation or undergrowth; (vi) making cuttings, embankments, excavations or tunnels; (vii) manufacturing or working materials, goods or things; (viii) erecting temporary workshops, sheds or other buildings; (ix) constructing roads or bridges; (x) temporarily closing, diverting or narrowing any road; (xi) breaking the surface of any road for the purpose of laying down railway tracks, drains, pipes, cables, wires and other things; (xii) altering the position of any main, pipe, cable or wire; (xiii) taking water from any watercourse or other body of water; and (xiv) demolishing, destroying or removing any plant, machinery, equipment, goods, workshop, shed or building placed or erected on the land in pursuance of this subsection. (2) The Commission shall, before exercising its powers under subsection (1) in relation to any land, give reasonable notice, in writing, of its intention to do so to: (a) the owner of the land; and (b) if the land is occupied by a person other than the owner of the land—the occupier of the land. (3) A notice under subsection (2) in relation to land shall specify the purpose for which the Commission intends to exercise its powers under subsection (1) in relation to the land. (4) The Commission shall not, in the exercise of its powers under subsection (1): (a) close, divert or narrow, or break the surface of, a road; (b) alter the position of any water, sewerage or gas main or pipe; or (c) alter the position of any electricity cable or wire; or (d) alter the position of any line (within the meaning of the Telecommunications Act 1997); unless it has given reasonable notice, in writing, of its intention to do so to the authority having the care and management of the road, main, pipe, cable, wire or line. (5) In this section, watercourse includes any river, stream, ditch, drain or other channel or passage through which water flows.
(1) The Commission shall take all reasonable steps to ensure that, in exercising its powers under sections 15 and 16, it causes as little detriment and inconvenience, and does as little damage, as is practicable. (2) Where the owner or occupier of land suffers loss or damage by reason of the exercise in relation to the land of any of the Commission’s powers under section 15 or 16, the Commission is liable to pay him such compensation as is agreed upon between them or, in the absence of agreement, such compensation as is determined by a court of competent jurisdiction. (3) Compensation under subsection (2) shall include compensation in respect of: (a) damage of a temporary character as well as of a permanent character; and (b) the taking of sand, clay, stone, earth, gravel, timber, wood, water and other materials or things. (4) In this section:
court of competent jurisdiction, in relation to the owner or occupier of land, means:
(a) the Supreme Court of the State or Territory in which the land is situated; or
(b) a County Court, District Court, Local Court or other court of a State or Territory presided over by a Judge or Magistrate, being a court that has jurisdiction:
(i) in actions for the recovery of debts up to an amount not less than the amount of compensation claimed by the owner or occupier of the land; and
(ii) in respect of the locality in which the land, or part of the land, is situated.
owner, in relation to land, means a person who:
(a) owns any legal or equitable estate in the land;
(b) has any legal or equitable interest in the land; or
(c) has any right, power or privilege over, or in connection with, the land.
(1) The Commission shall conduct its operations safely, efficiently and, subject to section 6AA, subsection 55(3) and Part VA, in a manner that accords with sound commercial practice. (2) Nothing in subsection (1) shall be taken to impose on the Commission a duty that is enforceable by proceedings in a court.
(1) The Minister may, from time to time, by notice in writing to the Commission, advise the Commission of his or her views in relation to the following matters: (a) the appropriate strategic direction of the Commission; (b) the manner in which the Commission should perform its functions. (2) The Commission must, in performing its functions, take account of notices given to it under subsection (1). (3) The Commission must, in preparing its corporate plan, take account of notices given to it under subsection (1) of this section.
(1) In this section:
ministerial nominee means a person whose responsibilities or duties include advising the Minister about the performance and strategies of the Commission.
(2) The Minister may direct the Commission to give to a specified ministerial nominee any documents or information relating to the operations of the Commission that the nominee requests. (3) The Commission must comply with a direction by the Minister under subsection (2). (4) The Commission must include in the annual report for a financial year particulars of any directions given to the Commission by the Minister under subsection (2) in that financial year.
(1) The rates of charges for any service provided by the Commission shall be such as the Commission, subject to this section, section 6AA and to subsections 18(1) and 55(3), fixes for the services. (2) The Commission shall, as soon as practicable after the commencement of this Act: (a) determine, by instrument in writing, the principles in accordance with which it proposes to fix rates of charges for prescribed services; and (b) inform the Minister, by notice in writing, of the principles that it has so determined. (3) The Minister may, before the expiration of the period of 60 days after receipt by him of the notice referred to in paragraph (2)(b): (a) determine, by instrument in writing, the principles in accordance with which the Commission is to fix rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services; and (b) inform the Commission, by notice in writing, of the principles so determined and the reasons for the determination. (4) Where the Commission proposes to make an alteration to the principles in accordance with which it fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Commission shall inform the Minister, by notice in writing, of the proposed alteration. (5) Where the Minister receives a notice under subsection (4) of a proposed alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services, the Minister may, before the expiration of 60 days after receipt by him of the notice, by instrument in writing: (a) approve the proposed alteration to those principles; (b) determine an alteration to those principles that is different from the alteration proposed in the notice; or (c) refuse to agree to any alteration to those principles; and inform the Commission, by notice in writing, of the approval, determination or refusal, as the case may be. (6) If the Minister does not, before the expiration of 60 days after the receipt by him of a notice under subsection (4) proposing an alteration to the principles in accordance with which the Commission fixes rates of charges for a prescribed service or for the prescribed services included in a class of prescribed services: (a) approve the alteration proposed in the notice; (b) determine an alteration to the principles that is different from the alteration proposed in the notice; or (c) refuse to agree to any alteration to the principles; and inform the Commission as mentioned in subsection (5), he shall be deemed to have, at the expiration of that period, approved, under subsection (5), the alteration proposed in the notice. (7) The Commission shall not fix a rate of charge for a prescribed service otherwise than: (a) if the Commission has determined principles under subsection (2) in relation to the prescribed service, the Minister has not determined principles under subsection (3) in relation to the prescribed service and no alteration to the principles determined by the Commission has been approved or determined under subsection (5) in relation to the prescribed service—in accordance with the principles so determined by the Commission; (b) if the Minister has determined principles under subsection (3) in relation to the prescribed service and no alteration to those principles has been approved or determined under subsection (5)—in accordance with the principles so determined by the Minister; or (c) if any principles are applicable in relation to the prescribed service by virtue of a determination under subsection (2) or (3) and an alteration has or alterations have been approved or determined under subsection (5) to those principles—in accordance with those principles as so altered by the alteration or alterations. (8) A reference in this section to a prescribed service is a reference to a service for the carriage of passengers or goods.
(1) The Commission may by writing under its common seal, delegate to a person any of its powers under this Act.
(1) The Commission consists of the following Commissioners: (a) the Chairman of the Commission; (a) the Deputy Chairman of the Commission; (b) the Managing Director of the Commission; (c) such number of other Commissioners as the Minister appoints. (2) The Commissioners (other than the Managing Director) are to be appointed by the Minister by written instrument. The appointment takes effect from the day specified in the instrument. (2A) The Commissioners (other than the Managing Director) hold office during the Minister’s pleasure. (4) The Chair may be appointed on either a full‑time or part‑time basis. (5) The Commissioners (other than the Chair and the Managing Director) shall be appointed on a part‑time basis. (6) The Chair, Deputy Chair and other Commissioners (other than the Managing Director) hold office on such terms and conditions (in respect of matters not provided for by this Act) as are determined by the Minister by instrument in writing. (7) The performance of the functions, and the exercise of the powers, of the Commission are not affected by reason only of there being a vacancy or vacancies in the membership of the Commission.
(1) The Chair, Deputy Chair and other Commissioners shall be paid by the Commission such remuneration as is determined by the Remuneration Tribunal. (2) If no determination by the Tribunal of the remuneration of the Deputy Chair is in operation, the Deputy Chair shall be paid by the Commission such remuneration as is prescribed by the regulations. (3) The Chair, Deputy Chair and other Commissioners shall be paid by the Commission such allowances as are prescribed by the regulations. (4) This section has effect subject to the Remuneration Tribunal Act 1973.
The Minister may grant leave of absence to a Commissioner on such terms and conditions as to remuneration or otherwise as the Minister determines by instrument in writing.
A Commissioner may resign his office by writing signed by him and delivered to the Governor‑General.
(1) Subject to subsection (2), the Minister may appoint the Deputy Chair, another Commissioner or another person: (a) to act as Chair, on a full‑time or part‑time basis, during a vacancy in the office of Chair; (b) where the Chair has been appointed on a full‑time basis—to act as Chair, on a full‑time or part‑time basis, during any period, or during all periods, when the Chair is absent from duty or from Australia or is, for any reason, unable to perform the duties of his office; or (c) where the Chair has been appointed on a part‑time basis—to act as Chair, on a part‑time basis, during any period, or during all periods, when the Chair is absent from Australia or is, for any reason, unable to perform the duties of his office. (2) The Managing Director shall not be appointed to act as Chair. (9) The validity of anything done by or in relation to a person purporting to act as Chair shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Minister may appoint a Commissioner or another person to act as Deputy Chair: (a) during a vacancy in the office of Deputy Chair, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the Deputy Chair is acting as Chair, is absent from Australia or is, for any reason, unable to perform the duties of his office. (8) The validity of anything done by or in relation to a person purporting to act as Deputy Chair shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Minister may appoint a person to act as a Commissioner referred to in paragraph 24(1)(d): (a) during a vacancy in the office of such a Commissioner; or (b) during any period, or during all periods, when such a Commissioner is acting as Chair or Deputy Chair, is absent from Australia or is, for any reason, unable to perform the duties of his office. (8) The validity of anything done by or in relation to a person purporting to act as a Commissioner shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.
(1) The Commission shall hold such meetings as are necessary for the efficient performance of its functions. (2) The Chair: (a) may, at any time, convene a meeting of the Commission; and (b) shall, on receipt of a written request signed by not less than 2 other Commissioners, convene a meeting of the Commission. (3) The Minister may, at any time, convene a meeting of the Commission. (4) The Chair shall preside at all meetings of the Commission at which he is present. (5) Where the Chair is not present at a meeting of the Commission: (a) the Deputy Chair shall preside at the meeting; or (b) if the Deputy Chair is not present at the meeting—the Commissioners present shall appoint one of their number to preside at the meeting. (6) At a meeting of the Commission, a quorum is constituted by half of the Commissioners. (7) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting. (8) The person presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Sections 25 to 28 (inclusive) and 32 do not apply in relation to the Managing Director.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Australian National Railways Commission Act 1983.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
annual report means an annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997.borrowing, in relation to the Commission, includes raising money or credit, whether by dealing in securities or otherwise, but does not include raising credit in a transaction forming part of the day to day operations of the Commission.
Chair means the Chair of the Commission.
Commission means the Australian National Railways Commission.
Commissioner includes the Chair, the Deputy Chair and the Managing Director.
corporate plan means a corporate plan for the Commission under section 17 of the Commonwealth Authorities and Companies Act 1997.
currency contract means:
(a) a forward exchange rate contract; or
(b) a contract with respect to currency futures.
Deputy Chair means the Deputy Chair of the Commission.
employee, in relation to the Commission, means any person appointed as an officer, or engaged as an employee, of the Commission.
futures contract means:
(a) a deferred delivery contract; or
(b) a contract with respect to financial futures; or
(c) a contract with respect to commodity futures.
goods includes movable personal property of any kind.
long service leave includes long leave, furlough, extended leave or any other leave in the nature of long service leave (however described).
Managing Director means the Managing Director of the Commission.
National Rail Corporation means the company incorporated under the Corporations Law in the Australian Capital Territory as the National Rail Corporation Limited.
National Rail Corporation Agreement means the agreement approved by section 5 of the National Rail Corporation Agreement Act 1992.
transferred South Australian employee means a person who was, in pursuance of section 13 of the Railways Agreement (South Australia) Act 1975, appointed as an officer, or engaged as an employee, of the Commission.
transferred Tasmanian employee means a person who was, in pursuance of section 11 of the Railways (Tasmania) Act 1975, appointed as an officer, or engaged as an employee, of the Commission.
(3) Where under a provision of this Act the Commission is, for any purpose, empowered to enter on, and inspect, occupy or do any other act or thing on, over or under, land, the provision shall be read as also empowering an employee of the Commission, a person acting for or on behalf of the Commission under a contract and an employee of such a person to enter on, and inspect, occupy or do that act or thing on, over or under, the land for that purpose. (4) A reference in this Act to the carriage of passengers and goods between prescribed places is a reference to the carriage of passengers and goods between: (a) a place in a State and a place in another State; (b) a place in a State and a place in a Territory; or (c) a place in a Territory and a place in the same or another Territory.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. (2) This Act does not make the Crown liable to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown.
This Act extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
(1) The Australian National Railways Commission, being the Commission established under the Australian National Railways Act 1917, is continued in existence. (2) The Commission: (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) may sue and be sued in its corporate name.
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Commission appearing on a document and shall presume that the document was duly sealed.
The functions of the Commission are: (a) to provide railway services for the carriage of passengers and goods: (i) over railways acquired from the States in accordance with paragraph 51(xxxiii) of the Constitution; (ii) over railways constructed or extended in the States in accordance with paragraph 51(xxxiv) of the Constitution; and (iii) between prescribed places; (b) to provide such other services as the Commission is authorized by this Act to provide; (c) to provide technical, engineering and other services to the Commonwealth and authorities of the Commonwealth; (d) to provide, at the request of the Commonwealth Government or with the approval of the Minister, technical, engineering and other services outside Australia; (e) to do anything incidental or conducive to the performance of the functions referred to in any of the preceding paragraphs; and (f) to provide, in Australia, to persons other than the Commonwealth and authorities of the Commonwealth such technical, engineering and other services as can conveniently be provided by the use of the resources of the Commission that are not immediately required by the Commission for the performance of the functions referred to in the preceding paragraphs; and (g) any other functions required to be carried out by the Commission in order for Part VA to be given effect to. Note: Part VA deals with transfers of assets of the Commission for the purpose of winding down the Commission.
(1) Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions or of its duties and, in particular, has power: (a) to enter into contracts; (b) to acquire, hold and dispose of real and personal property; (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth or a State or Territory and made available to the Commission; (d) to construct railways; (e) to erect buildings and structures and carry out works; (f) to manufacture plant, machinery, equipment and goods; (g) to hire out plant, machinery, equipment and goods that are not immediately required by the Commission for the performance of its functions or of its duties; (h) to provide transport, accommodation, provisions and facilities for employees of the Commission and their families; (j) to appoint agents and attorneys and to act as an agent for other persons; (k) to engage consultants; and (m) to do anything incidental to any of its powers. (2) The powers of the Commission may be exercised both within and outside Australia. (3) Subsections (1) and (2) have effect subject to section 6AA (which deals with directions to the Commission).
(1) The Minister may, by written notice given to the Commission, give directions to the Commission about the performance of the Commission’s functions or the exercise of the Commission’s powers. (2) A direction under subsection (1) may be given for the purposes of winding down the various activities of the Commission and, in particular, a direction may: (a) require the Commission to: (i) cease to perform a specified function; or (ii) cease to exercise a specified power; or (b) impose restrictions or conditions on: (i) the performance by the Commission of a specified function; or (ii) the exercise by the Commission of a specified power.
Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.
(3) A direction under subsection (1) may make provision for or in relation to a matter by conferring a power of the Commission on the Minister. (4) Subsections (2) and (3) do not, by implication, limit subsection (1). (5) The Commission must comply with a direction under subsection (1). (6) A copy of a direction under subsection (1) is to be published in the Gazette within 14 days after the giving of the direction.
(1) The Commission must ensure that it, and its officers and employees: (a) take all reasonable action that will facilitate; and (b) refrain from taking any action that will impede; the transfer to the National Rail Corporation of functions, and the transfer or leasing of, or the granting of access to, assets, in accordance with the National Rail Corporation Agreement. (2) If the Minister is satisfied that the Commission has failed to comply with its obligations under subsection (1), the Minister may, in writing, request the Commission to take or refrain from taking specified action within a specified period and the Commission must comply with the request.
(1) The Commission shall not, without the approval of the Minister: (a) participate in the formation of a company; (b) subscribe for, or otherwise acquire, shares in a company; (c) enter into a partnership; or (d) enter into an arrangement for the sharing of receipts or profits. (2) An approval under subsection (1) shall be given by instrument in writing.
(1) The Commission may (as incidental or supplementary to, or in association with, the provision of railway services) provide services for the carriage of passengers and goods, otherwise than by rail, between: (a) prescribed places; (b) to the extent necessary to carry out an arrangement under section 10—a place in a State and another place in that State; or (c) to the extent provided by subsection (2)—a place in a State and another place in that State. (2) The powers of the Commission by virtue of paragraph (1)(c) may be exercised only in so far as the exercise of those powers is incidental to the exercise of another power, or other powers, of the Commission.
The Commission may make and carry out an arrangement with any person: (a) for the carriage of passengers and goods between: (i) prescribed places; or (ii) a place in Australia and a place outside Australia; and (b) under which the passengers and goods are to be carried partly by the Commission (whether by rail or otherwise) and partly by the other person.
(1) It is the intention of the Parliament that, subject to subsection (2), the Commission shall have and perform and may exercise, in addition to the functions and powers conferred on it by this Act, functions and powers conferred on it specifically by a law of a State or Territory, being functions and powers relating to land transport in the State or Territory. (2) The regulations may provide that subsection (1) does not extend to all or any of the functions or powers expressed to be conferred on the Commission by a law of a State or Territory.
The Commission, by arrangement with another person, may: (a) subject to section 14, connect a railway operated by the Commission with a railway operated by the person; (b) permit a railway operated by the person to be connected with a railway operated by the Commission; (c) run its locomotives and other rolling stock over a railway operated by the person; or (d) permit locomotives and other rolling stock of the person to run over a railway operated by the Commission.
(1) Without limiting the generality of subsection 6(1), the Commission may: (a) sell and supply travellers’ requisites on passenger trains; and (b) sell and supply travellers’ requisites, on premises set aside under subsection (2), to persons travelling on services operated by the Commission and to other persons. (2) The Commission may set aside premises owned or occupied by it for the sale and supply of travellers’ requisites to persons travelling on services operated by the Commission and to other persons. (3) Where the Commission leases to a person premises set aside under subsection (2), the Commission may, in writing, grant to the person an authority, for such term, and subject to such conditions, as are specified in the authority, to sell and supply, on the premises, travellers’ requisites to persons travelling on services operated by the Commission and to other persons. (4) The Commission shall: (a) in selling and supplying travellers’ requisites on premises set aside under subsection (2), ensure; and (b) specify in each authority granted under subsection (3), in relation to premises set aside under subsection (2), conditions for the purpose of ensuring; that, as far as is reasonably practicable, goods are not sold or supplied on the premises to persons resorting to the premises solely or principally for the purpose of obtaining those goods at times outside the days and hours of trading or business that would, but for this section, be applicable, under the law of the State or Territory in which the premises are situated, in relation to the sale or supply of those goods. (5) The Commission may exercise its powers under this section, the employees of the Commission may act in accordance with the powers of the Commission under this section and a person who holds an authority under subsection (3), and the servants and agents of such a person, may, subject to the conditions to which the authority is subject, act in accordance with the authority, without obtaining or having any other authority, licence, permit or registration. (6) Notwithstanding any law of a State or Territory to the contrary: (a) the Commission, and its employees, may permit the consumption, on passenger trains and on premises set aside under subsection (2), of meals and refreshments; (b) a person who holds an authority under subsection (3), and his servants and agents, may permit the consumption, on the premises to which the authority relates, of meals and refreshments; and (c) a person may, on a passenger train or on premises set aside under subsection (2), obtain and consume meals and refreshments sold or supplied in accordance with this section. (7) Except as expressly provided in this section, this section does no
This is an opening excerpt, not the complete document.