Railways (Transfer Agreement) Act 1975 (SA)

South Australia Railways (Transfer Agreement) Act 1975 An Act to approve and give effect to an Agreement between the State and the Commonwealth of Australia relating to the acquisition with the consent of the State of certain railways of the State; to refer to the Parliament of the Commonwealth certain matters relating to or arising out of the Agreement; and for other purposes.

Contents 1 Short title 2 Commencement 3 Interpretation 4 Approval and carrying out of the Agreement 5 Vesting of land 6 Vesting of property other than land 7 Transfer of liabilities 8 Application of certain laws of the State 9 Certain proceedings may be instituted 10 Reference of matter to the Parliament of the Commonwealth 11 Consent by the State to future construction 12 Certificates 13 Powers of Commission 14 Vacation of offices by officers and employees 15 Additional powers of the Trustees of the South Australian Superannuation Fund Investment Trust 16 Regulations Schedule Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Railways (Transfer Agreement) Act 1975. 2—Commencement (1) This Act other than section 11 of this Act shall come into operation on a day to be fixed by proclamation. (2) Section 11 of this Act shall come into operation on the declared date. 3—Interpretation (1) In this Act, unless the contrary intention appears— the Agreement means the agreement a copy of which is set out in the Schedule to this Act; proceeding includes any action; property includes cash, rights and interests of any kind (including contractual rights) and things in action. (2) Where an expression used in this Act is defined in Clause 1 of the Agreement that expression shall for the purposes of this Act and unless the contrary intention appears bear the meaning assigned to it by that Clause. 4—Approval and carrying out of the Agreement (1) The Agreement is approved. (2) The State consents to the acquisition, provided for by the Agreement, of the railways of the State. (3) The consent expressed in subsection (2) of this section shall be deemed to have been given immediately before the commencement date. (4) The State and each State Authority are authorised and required to perform and observe any provisions of the Agreement that are required by the Agreement to be performed or observed by the State or a State Authority respectively. 5—Vesting of land Any land in the State to which the Commission would have been entitled on the commencement date under the Agreement if the Agreement had been in force on that date is by force of this section vested in the Commission and shall be deemed to have become so vested on that date. 6—Vesting of property other than land (1) Any property (other than land) to which the Commission would have been entitled on the commencement date under the Agreement if the Agreement had been in force on that date otherwise than by an apportionment referred to in Clause 5 of the Agreement is by force of this subsection vested in the Commission and shall be deemed to have become so vested on that date. (2) Where after the commencement date any property (other than land) is apportioned as provided for by Clause 5 of the Agreement, any of that property that is declared by that Clause to be property to which the Commission is entitled pursuant to that Clause on the commencement date is by force of this subsection vested in the Commission and shall be deemed to have become so vested on that date. 7—Transfer of liabilities On and from the declared date the State and each State Authority is, by force of this section, freed and discharged from all liabilities and obligations incurred by it, and not discharged before that date, in connection with the administration, maintenance and operation of the non-metropolitan railways and of any services that are principally or mainly incidental or supplementary to, or are principally or mainly operated in association with, those railways, to the extent to which the Commission becomes subject to those liabilities and obligations on and from that date. 8—Application of certain laws of the State All laws of the State that but for this Act or the Agreement would have applied at any time during the interim period to and in relation to the administration, maintenance and operation of the non-metropolitan railways or the services that are principally or mainly incidental or supplementary to, or that are principally or mainly operated in association with, those railways shall have effect and shall be deemed always to have been expressed to have effect, in relation to the administration, maintenance and operation of those railways and services as if this Act had not been enacted and the Agreement had not been made. 9—Certain proceedings may be instituted Until the declared date and notwithstanding anything in section 5 or section 6 of this Act any proceedings that but for this section could be instituted or continued by or against the Commission, in respect of any land or property referred to in either of those sections, may be instituted or continued as the case may be by or against the Crown in right of the State of South Australia or a State Authority as the case requires as if those sections had not been enacted. 10—Reference of matter to the Parliament of the Commonwealth On and from the declared date the following matters are referred to the Parliament of the Commonwealth, namely: (a) the administration, maintenance and operation in the State of the railways and services vested in the Commission pursuant to the Agreement; and (b) the administration, maintenance and operation in the State of any railways constructed or extended by the Commonwealth or the Commission with the consent of the State and of any services principally or mainly incidental or supplementary to or associated with the railways referred to in this paragraph. 11—Consent by the State to future construction The State consents to the construction of railways by the Commonwealth or the Commission both in the non-metropolitan area and in the metropolitan area but in the case of the metropolitan area only to the extent that those railways are constructed— (a) on the lands described in the Second Schedule to the Agreement; or (b) as sidings or crossing loops connected to a non-metropolitan railway. 12—Certificates (1) For the purposes of the Real Property (Commonwealth Titles) Act 1924 and for the purposes of any other law of the State a certificate in writing signed by— (a) the Minister or his delegate; and (b) the State Minister or his delegate, stating that the right, title and interest of the State or a specified State Authority in the land referred to in the certificate vested in the Commission on the commencement date is admissible in any proceedings and is conclusive evidence of the matter stated in the certificate. (2) A certificate in writing (not being a certificate referred to in subsection (1) of this section) signed by— (a) the Minister or his delegate; and (b) the State Minister or his delegate, in relation to any matter arising out of this Act or the Agreement is admissible in evidence in any proceedings and is prima facie evidence of the matters stated in the certificate. (3) A reference in this section to a delegate of the Minister or of the State Minister is a reference to a person appointed by the Minister or by the State Minister, as the case may be, as the delegate of the Minister or of the State Minister for the purposes of the Agreement. (4) A document purporting to be a certificate given under this section shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given. 13—Powers of Commission On and from the declared date and notwithstanding any Act or law of the State the Commission is authorised and empowered— (a) to administer, maintain and operate in the State the railways and services acquired under the Agreement; and (b) to construct and extend railways in the State in accordance with the Agreement and to administer, maintain and operate railways so constructed or extended and services principally or mainly incidental or supplementary to, or associated with, those railways. 14—Vacation of offices by officers and employees On the declared date every officer and employee appointed pursuant to section 25 of the South Australian Railways Commissioner's Act 1936 in office immediately before that date shall by force of this section vacate his office. 15—Additional powers of the Trustees of the South Australian Superannuation Fund Investment Trust (1) In addition to and not in derogation of the powers conferred on them by or under the Superannuation Act 1974 the Trustees are authorised and required to transfer to the Superannuation Board of Australia or any substituted body such of the investments of the Fund as are appropriate to comply with the Agreement. (2) In this section the expressions the Trustees and the Fund bear the same respective meanings as are assigned to them pursuant to the Superannuation Act 1974. 16—Regulations (1) The Governor may make such regulations as are necessary or expedient for the purpose of giving effect to the provisions or objects of this Act. (2) Without limiting the generality of subsection (1) of this section the Governor may by regulation dispense with, suspend or vary, so far as is necessary, for the purpose of carrying out or giving effect to the Agreement any provision of any Act, by-law, rule or regulation or other provision having the force of law (under whatever authority made) and which in the opinion of the Governor prevents or impedes or would prevent or impede the carrying out or giving effect to the Agreement and any such regulation shall apply and have effect as if it were enacted in this Act.