Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Railways (Victorian and Queensland By-laws) Enabling Act.
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New South Wales act
This Act lets the Governor of New South Wales declare that by-laws made by Victoria's or Queensland's railway commissioners apply as law to those states' railways located in NSW and allows NSW courts to enforce them. Penalties can be recovered in Local Court by officers appointed by the interstate commissioners and approved by NSW railway authorities.
It shifts compliance and enforcement costs to operators of those interstate railways in NSW and gives the Governor administrative discretion to adopt, vary or revoke such by-laws.
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Direct links to the current provisions in Railways (Victorian and Queensland By-laws) Enabling Act.
1 Name of Act
This Act may be cited as the Railways (Victorian and Queensland By-laws) Enabling Act.
2 Victorian and Queensland by-laws applied to Victorian and Queensland railways in New South Wales
(1) The Governor may, by order, declare any by-laws made by the Commissioners for Railways of the State of Victoria, or by the Commissioner for Railways of the State of Queensland, to be in force in respect of any railways vested in or worked by the said Commissioners or Commissioner, situate within New South Wales, and of any traffic on such railways, and thereupon such by-laws shall, in respect of such railways and traffic, have the force of law, and may be enforced in the courts of New South Wales. The Governor may revoke or vary any such order. Any such order shall be published in the Gazette.
(2) Penalties imposed by such by-laws may be recovered in the Local Court by any officer appointed in that behalf by such Commissioners or Commissioner and approved of by the Railway Commissioners of New South Wales.
(3) Evidence of such order, and that the same was duly made and published, may be given by the production of a document, purporting to be a copy of any such order, and to be printed by the Government Printer, or by the authority of the Government.
(4) Any document purporting to be a copy of such by-laws, and to be printed by the Government Printer, shall, in any proceedings for penalties, be evidence that the by-laws in the words of such document were duly made by the said Commissioners or Commissioner.
s 2: Am 2007 No 94, Sch 1.88.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Railways (Victorian and Queensland By-laws) Enabling Act.
2 Victorian and Queensland by-laws applied to Victorian and Queensland railways in New South Wales
(1) The Governor may, by order, declare any by-laws made by the Commissioners for Railways of the State of Victoria, or by the Commissioner for Railways of the State of Queensland, to be in force in respect of any railways vested in or worked by the said Commissioners or Commissioner, situate within New South Wales, and of any traffic on such railways, and thereupon such by-laws shall, in respect of such railways and traffic, have the force of law, and may be enforced in the courts of New South Wales. The Governor may revoke or vary any such order. Any such order shall be published in the Gazette.
(2) Penalties imposed by such by-laws may be recovered in the Local Court by any officer appointed in that behalf by such Commissioners or Commissioner and approved of by the Railway Commissioners of New South Wales.
(3) Evidence of such order, and that the same was duly made and published, may be given by the production of a document, purporting to be a copy of any such order, and to be printed by the Government Printer, or by the authority of the Government.
(4) Any document purporting to be a copy of such by-laws, and to be printed by the Government Printer, shall, in any proceedings for penalties, be evidence that the by-laws in the words of such document were duly made by the said Commissioners or Commissioner.
s 2: Am 2007 No 94, Sch 1.88.