Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Government Railways
Act 1904 and includes the amendments made by the other written laws
referred to in the following table 1a, 3. The table also
contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
23 of 1904 |
16 Jan 1904 |
16 Jan 1904 |
|
|
Government Railways Amendment
Act 1907 |
29 of 1907 |
20 Dec 1907 |
Act other than s. 8-11:
20 Dec 1907; |
|
Government Railways Act Amendment
Act 1926 |
56 of 1926 |
24 Dec 1926 |
24 Dec 1926 |
|
Government Railways Act Amendment
Act 1933 |
36 of 1933 |
4 Jan 1934 |
12 Feb 1934 (see s. 2 and Gazette
9 Feb 1934 p. 143) |
|
Government Railways Act Amendment
Act 1939 |
15 of 1939 |
22 Nov 1939 |
22 Nov 1939 |
|
Government Railways Act Amendment
Act 1947 |
72 of 1947 |
10 Jan 1948 |
10 Jan 1948 |
|
Government Railways Act Amendment
Act 1948 |
78 of 1948 |
25 Jan 1949 |
1 Jul 1949 (see s. 2 and Gazette
1 Jul 1949 p. 1410) |
|
Reprint of the Government Railways Act 1904
approved 21 Feb 1949 (not in a
Volume) |
|||
|
Government Railways Act Amendment
Act 1951 |
32 of 1951 |
19 Dec 1951 |
19 Dec 1951 |
|
Reprint of the Government Railways Act 1904
approved 26 Oct 1953 in Volume 7 of Reprinted Acts (includes
amendments listed above) |
|||
|
Government Railways Act Amendment
Act 1953 |
86 of 1953 |
18 Jan 1954 |
18 Jan 1954 |
|
Government Railways Act Amendment
Act 1954 |
13 of 1954 |
14 Sep 1954 |
14 Sep 1954 |
|
Limitation Act 1935
s. 48A(1) |
35 of 1935 |
14 Jan 1955 |
Relevant amendments (see Second Sch. 4) took
effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and
Gazette 18 Feb 1955 p. 343) |
|
Government Railways Act Amendment
Act 1955 |
61 of 1955 |
13 Dec 1955 |
13 Dec 1955 |
|
Government Railways Act Amendment Act 1957
5 |
37 of 1957 |
18 Nov 1957 |
18 Nov 1957 |
|
Government Railways Act Amendment
Act 1958 |
17 of 1958 |
6 Oct 1958 |
23 Oct 1959 (see s. 2 and Gazette
23 Oct 1959 p. 2620) |
|
Government Railways Act Amendment Act
(No. 2) 1958 |
38 of 1958 |
11 Dec 1958 |
24 Dec 1958 (see s. 2 and Gazette
24 Dec 1958 p. 3372) |
|
Government Railways Act Amendment
Act 1959 |
8 of 1959 |
8 Sep 1959 |
8 Sep 1959 |
|
Government Railways Act Amendment
Act 1960 |
55 of 1960 |
2 Dec 1960 |
2 Dec 1960 |
|
Reprint of the Government Railways Act 1904
approved 17 May 1963 in Volume 17 of Reprinted Acts (includes
amendments listed above) |
|||
|
Government Railways Act Amendment
Act 1963 |
27 of 1963 |
13 Nov 1963 |
13 Nov 1963 |
|
Government Railways Act Amendment
Act 1965 |
54 of 1965 |
9 Nov 1965 |
9 Nov 1965 |
|
Government Railways Act Amendment
Act 1967 |
44 of 1967 |
21 Nov 1967 |
21 Nov 1967 |
|
Government Railways Act Amendment
Act 1970 |
61 of 1970 |
5 Nov 1970 |
5 Nov 1970 |
|
Government Railways Act Amendment
Act 1971 |
21 of 1971 |
1 Dec 1971 |
1 Dec 1971 |
|
Government Railways Act Amendment
Act 1972 |
72 of 1972 |
16 Nov 1972 |
16 Nov 1972 |
|
94 of 1972 |
4 Dec 1972 |
Relevant amendments (see Second Sch. 6) took
effect on 1 Jul 1973 (see s. 2 and Gazette
29 Jun 1973 p. 2496) |
|
|
Reprint of the Government Railways Act 1904
approved 12 Jun 1973 |
|||
|
Government Railways Act Amendment
Act 1973 |
94 of 1973 |
27 Dec 1973 |
22 Mar 1974 (see s. 2 and Gazette
22 Mar 1974 p. 902) |
|
Government Railways Act Amendment Act
(No. 2) 1975 |
66 of 1975 |
7 Nov 1975 |
7 Nov 1975 |
|
Government Railways Act Amendment
Act 1975 |
73 of 1975 |
14 Nov 1975 |
14 Nov 1975 |
|
Government Railways Act Amendment
Act 1976 |
27 of 1976 |
9 Jun 1976 |
1 Jan 1977 (see s. 2 and Gazette
31 Dec 1976 p. 5128) |
|
Government Railways Act Amendment
Act 1977 |
47 of 1977 |
18 Nov 1977 |
18 Nov 1977 |
|
Government Railways Act Amendment
Act 1978 |
93 of 1978 |
17 Nov 1978 |
17 Nov 1978 |
|
Government Railways Act Amendment
Act 1979 |
38 of 1979 |
25 Oct 1979 |
25 Oct 1979 |
|
Government Railways Amendment
Act 1980 |
77 of 1980 |
5 Dec 1980 |
5 Dec 1980 |
|
Government Railways Amendment
Act 1982 |
12 of 1982 |
14 May 1982 |
14 May 1982 |
|
Reprint of the Government Railways Act 1904
approved 27 Oct 1982 (includes amendments listed
above) |
|||
|
Acts Amendment and Repeal (Transport Co-ordination)
Act 1985 Pt. IV |
54 of 1985 |
28 Oct 1985 |
1 Jan 1986 (see s. 2 and Gazette
20 Dec 1985 p. 4822) |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
|
|
Government Railways Amendment
Act 1987 |
16 of 1987 |
25 Jun 1987 |
25 Jun 1987 (see s. 3) |
|
Acts Amendment (Public Service) Act 1987
s. 32 |
113 of 1987 |
31 Dec 1987 |
16 Mar 1988 (see s. 2 and Gazette
16 Mar 1988 p. 813) |
|
Government Railways Amendment
Act |
79 of 1990 |
17 Dec 1990 |
17 Dec 1990 (see s. 2) |
|
Government Railways Amendment
Act 1990 8 |
87 of 1990 |
17 Dec 1990 |
s. 1 and 2:
17 Dec 1990; |
|
Criminal Law Amendment Act (No. 2) 1992
s. 16(1) |
51 of 1992 |
9 Dec 1992 |
6 Jan 1993 |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
Acts Amendment (Perth Passenger Transport)
Act 1994 Pt. 4 |
64 of 1994 |
1 Dec 1994 |
1 Jan 1995 (see s. 2 and Gazette
30 Dec 1994 p. 7211) |
|
Sentencing (Consequential Provisions) Act 1995
Pt. 38 and s. 147 |
78 of 1995 |
16 Jan 1996 |
4 Nov 1996 (see s. 2 and Gazette
25 Oct 1996 p. 5632) |
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Statutory Corporations (Liability of Directors)
Act 1996 s. 3 |
41 of 1996 |
10 Oct 1996 |
1 Dec 1996 (see s. 2 and Gazette
12 Nov 1996 p. 6301) |
|
Government Railways Amendment
Act 1996 |
47 of 1996 |
25 Oct 1996 |
22 Nov 1996 |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) |
|
Trustees Amendment Act 1997
s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette
10 Jun 1997 p. 2661) |
|
Equal Opportunity Amendment Act
(No. 3) 1997 s. 8 |
42 of 1997 |
9 Dec 1997 |
6 Jan 1998 (see s. 2(1)) |
|
Rail Safety Act 1998
s. 64(2) 9 |
32 of 1998 |
6 Jul 1998 |
3 Feb 1999 (see s. 2 and Gazette
2 Feb 1999 p. 351) |
|
Government Railways Amendment
Act 1998 |
33 of 1998 |
6 Jul 1998 |
6 Jul 1998 (see s. 2) |
|
Government Railways (Access) Act 1998
Pt. 7 10 |
49 of 1998 |
30 Nov 1998 |
1 Sep 2001 (see s. 2(2) and Gazette
28 Aug 2001 p. 4795) |
|
Acts Amendment and Repeal (Financial Sector Reform)
Act 1999 s. 85 |
26 of 1999 |
29 Jun 1999 |
1 Jul 1999 (see s. 2(1) and
Gazette 30 Jun 1999 p. 2905) |
|
Reprint of the Government Railways Act 1904
as at 10 Dec 1999 (includes amendments listed above except those
in the Government Railways (Access) Act 1998) |
|||
|
Rail Freight System Act 2000 Pt. 5
Div. 2 |
13 of 2000 |
8 Jun 2000 |
Pt. 5 Div. 2 other than s. 91(1)(a) and (b)
and 93: 30 Jun 2000 (see s. 2 and Gazette
30 Jun 2000 p. 3397); s. 91(1)(a) and (b) and 93:
1 Sep 2001 (see s. 2(5)-(7) and Gazette
28 Aug 2001 p. 4795) |
|
Reprint of the Government Railways Act 1904
as at 7 Sep 2001 (includes amendments listed
above) |
|||
|
Machinery of Government (Planning and Infrastructure)
Amendment Act 2002 s. 62 |
7 of 2002 |
19 Jun 2002 |
1 Jul 2002 (see s. 2 and Gazette
28 Jun 2002 p. 3037) |
|
Public Transport Authority Act 2003
s. 97-139 11 |
31 of 2003 |
26 May 2003 |
1 Jul 2003 (see s. 2(1) and Gazette
27 Jun 2003 p. 2384) |
|
Sentencing Legislation Amendment and Repeal Act 2003
s. 68 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
Courts Legislation Amendment and Repeal Act 2004
s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Reprint 8: The Government Railways
Act 1904 as at 2 Sep 2005 (includes amendments listed
above) |
|||
|
Liquor and Gaming Legislation Amendment Act 2006
s. 115 |
73 of 2006 |
13 Dec 2006 |
7 May 2007 (see s. 2(2) and Gazette 1 May 2007 p.
1893) |
|
Rail Safety Act 2010 Pt. 11 Div.
1 |
18 of 2010 |
28 Jun 2010 |
1 Feb 2011 (see s. 2(b) and Gazette 28 Jan 2011
p. 241) |
|
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette
10 Sep 2010 p. 4341) |
|
|
Metropolitan Redevelopment Authority Act 2011
s. 139 |
45 of 2011 |
12 Oct 2011 |
31 Dec 2011 (see s. 2(b) and Gazette
30 Dec 2011 p. 5573) |
|
Reprint 9: The Government Railways
Act 1904 as at 4 May 2012 (includes amendments listed
above) |
|||
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions
that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 25 12 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 Office of Titles plans are now being held by the Western
Australian Land Information Authority (see the Land Information Authority Act
2006 s. 100).
3 The amendment in the Statutes (Repeals and Minor
Amendments) Act 2003 s. 62 is not included because the subsection
it sought to amend had been replaced by the Public Transport Authority
Act 2003 s. 137(1) before the amendment purported to come into
operation.
4 The Second Schedule was inserted by the Limitation Act
Amendment Act 1954 s. 8.
5 The Government Railways Act Amendment Act 1957
s. 11 and 12 are validation and savings provisions that are of no further
effect.
6 The Second Schedule was inserted by the Metric Conversion
Act Amendment Act 1973 s. 4.
7 The Government Railways Amendment Act (No. 2) 1990
s. 7 reads as follows:
7. Operation of former section 76 varied
(1) The express condition imposed by subsection (1) of
section 76 of the principal Act (as in force immediately before the
commencement of this Act) upon the appointment or employment of certain persons
as officers or servants of the department —
(a) shall, subject to paragraph (b), be taken not to have required
such a person to be a member of or contributor to the fund mentioned in that
subsection for the period commencing on the transfer date and ending immediately
before the commencement of this Act but to have required any such person to be a
member of the new fund in accordance with the rules of that fund for that
period;
(b) shall not be taken to have required any such person to be a member of
or contributor to the fund mentioned in that subsection, or any other fund, on
or after the transfer date, if the person was not, immediately before that date,
already required by such a condition to be a member of or contributor to the
fund mentioned in that subsection,
and, for the purpose of giving effect to paragraph (a), that section
shall be construed as if —
(c) a reference in that section to the fund mentioned in that subsection
had been a reference to the new fund;
(d) a reference in that section to the by-laws relating to the fund
mentioned in that subsection had been a reference to the rules of the new fund;
and
(e) a reference in that section to the committee of management of the fund
mentioned in that subsection had been a reference to the company.
(2) In this section, unless the contrary intention
appears —
the transfer date means 2 February 1990, being the
date of the publication in the Gazette of the orders made under
section 34 of the Associations Incorporation Act 1987
transferring to the company the undertakings of Western Australian Government
Railways Employees’ Endowment Fund Incorporated and Western Australian
Government Railways Employees’ Provident Fund Incorporated; and
expressions used in section 76 of the principal Act (as substituted
by section 6 of this Act) that are used in this section have the same
respective meanings as they have in that section.
8 The Government Railways Amendment Act 1990
s. 15 is a transitional provision that is of no further effect.
9 The Rail Safety Act 1998 Sch. 3 cl. 1(7)
reads as follows:
(7) Section 66A(3) continues to apply in respect of any certificate
given under section 66A(2) before the repeal of those provisions.
10 Now known as the Railways (Access)
Act 1998.
11 The Public Transport Authority Act 2003
Pt. 7 Div. 2, 5 and 6 reads as follows:
Division
2 — Transition from former Government Railways
Act 1904 bodies to Authority
79. Terms used in this
Division
In this Division, unless the contrary intention
appears —
asset means property of any kind belonging, immediately
before the commencement time, to a former body, whether tangible, intangible,
real, or personal and, without limiting that meaning,
includes —
(a) any chose in action or goodwill; or
(b) any right, interest, or claim of any kind,
whether arising from, accruing under, created or evidenced by or the
subject of, an instrument or otherwise and whether liquidated or unliquidated,
actual, contingent or prospective;
commencement time means the time when this Division comes
into operation;
former body means the Minister for Western Australian
Government Railways or The Western Australian Government Railways
Commission;
liability means any liability, duty or obligation that,
immediately before the commencement time, a former body
had —
(a) whether actual, contingent or prospective, liquidated or unliquidated;
or
(b) whether owed alone or jointly or jointly and severally with any other
person;
Minister for Western Australian Government Railways means
the former body corporate named Minister for Western Australian Government
Railways established under the Government Railways Act 1904
section 4;
right means any right, power, privilege or immunity that,
immediately before the commencement time, a former body had whether actual,
contingent or prospective;
The Western Australian Government Railways Commission means
the former body corporate named The Western Australian Government Railways
Commission constituted under the Government Railways Act 1904
section 8.
80. Authority is successor of former
bodies
At the commencement time, the body corporate under the name
“Minister for Western Australian Government Railways” and the body
corporate under the name “The Western Australian Government Railways
Commission” are each succeeded by the Authority.
(1) At the commencement time —
(a) every asset is, by operation of this section, assigned to the
Authority;
(b) every liability is, by operation of this section, assigned to and
becomes a liability of the Authority; and
(c) the Authority is, by operation of this section, substituted for a
former body as a party to any proceedings.
(2) Any agreement or instrument has effect, by operation of this section,
as if a reference to the Authority were, at the commencement time, substituted
for a reference to the former body in the agreement or instrument, unless in the
context it would be inappropriate to make the substitution.
(3) Any proceedings or remedy that might have been commenced by, or
available against or to, a former body in relation to an asset or liability
assigned by subsection (1) may be commenced by, or are available against or
to, the Authority.
(4) Anything relating to an asset or liability assigned by
subsection (1) that was done or omitted to be done by, to, or in respect
of, a former body before the assignment and is of any effect is to be taken to
have been done or omitted by, to, or in respect of, the Authority.
(5) Crown land that, immediately before the commencement time, was vested
in the Minister for Western Australian Government Railways by the Government
Railways Act 1904 section 4(1) is to be regarded as if it had, at
that time —
(a) been reserved under the Land Administration Act 1997
section 41 for the purposes of performing the Authority’s functions
under this Act or the Government Railways Act 1904; and
(b) under the Land Administration Act 1997 section 46,
been placed under the care, control, and management of the Authority for those
purposes.
(6) Government railways, other than Crown land, that, immediately before
the commencement time, were vested in the Minister for Western Australian
Government Railways by the Government Railways Act 1904
section 4(1) become at that time the property of the Authority.
(7) The reference in subsection (6) to Government railways other than
Crown land includes a reference to anything that is on Crown land.
(8) Subsections (5) and (6) do not limit the assignment by
subsection (1) to the Authority of any asset belonging immediately before
the commencement time to a former body.
82. Completion of necessary
transactions
(1) If, to any extent, section 81 cannot have effect as
described in this Division (whether because a matter is governed otherwise than
by the law of the State, or for any other reason), the relevant parties are each
to take all practicable steps for the purpose of securing that the effect sought
to be achieved by this Division is achieved as soon as possible after the
commencement time.
(2) Despite the repeals effected by sections 100 and 103, each
of the former bodies is preserved for the purposes of doing things under
subsection (1), and the Minister may execute documents for, and otherwise
act on behalf of, each of those bodies for the purposes of doing those
things.
(1) The Authority is to cause to be delivered to each relevant
official a schedule, in a form acceptable to the relevant official, of the
information that the relevant official needs in order to register changes
effected by this Division.
(2) The relevant officials are to take notice of this Division and are to
record and register in the appropriate manner the documents necessary to show
the effect of this Division.
(3) In this section —
relevant official means —
(a) the Registrar of Titles;
(b) the Registrar of Deeds;
(c) the Minister administering the Mining Act 1978;
or
(d) any other person authorised by a written law to record and give effect
to the registration of documents relating to property transactions,
according to which, if any, of them has responsibility for a register
relating to the relevant property;
relevant property means property of a kind affected by this
Division, whether it is an estate or interest in land or any other
property.
84. By-laws under Government
Railways Act 1904 section 23 continue
By-laws that, immediately before the commencement time, are in force
under the Government Railways Act 1904 section 23 continue
under that section as if they had been made by the Authority.
85. References in written laws to
former bodies
(1) A reference in a written law in force immediately before the
commencement time to a former body is to be construed, after that time, as a
reference to the Authority unless in the context it would be inappropriate to do
so.
(2) Subsection (1) does not apply to anything for which this Act has
made other provision.
Division
5 — State tax implications of transitions
(1) In this section —
State tax includes stamp duty chargeable under the Stamp
Act 1921 and any other tax, duty, fee, levy or charge, under a law of
the State.
(2) State tax is not payable in relation to —
(a) anything that occurs by operation of this Part; or
(b) anything done (including a transaction entered into or an instrument
or document of any kind made, executed, lodged or given) under this Part, or to
give effect to this Part, or for a purpose connected with or arising out of,
giving effect to this Part.
93. Certain contributions by former
body suffice
An obligation imposed by the Agriculture Protection Board
Act 1950 section 11 on the Public Transport Authority of Western
Australia to contribute in respect of a year is satisfied to the extent that The
Western Australian Government Railways Commission had, before section 140
commenced, already made a contribution in respect of that year under that
section.
94. Tourist railways
If, immediately before the commencement
of section 123, an order was in force under the Government Railways
Act 1904 section 66A (the former order) authorising
a person to occupy land for a tourist railway, the land is to be regarded as
having been —
(a) reserved under the Land Administration Act 1997
section 41 for the purposes of operating a tourist railway; and
(b) placed under the care, control, and management of that person for the
purposes described in paragraph (a) by an order under the Land
Administration Act 1997 section 46 containing the same conditions
as applied under the former order.
The operation of a provision of this Part is not to be
regarded as —
(a) a breach of contract or confidence or any other civil wrong;
(b) a breach of a contractual provision prohibiting, restricting, or
regulating the assignment or transfer of assets or liabilities or the disclosure
of information;
(c) giving rise to a remedy by a party to an instrument, or causing or
permitting the termination of any instrument, because of a change in the
beneficial or legal ownership of any asset or liability;
(d) causing any contract or instrument to be void or otherwise
unenforceable; or
(e) releasing, or allowing the release of, any surety.
12 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 25 had
not come into operation. It reads as follows:
Division
25 — Government Railways Act 1904
amended
This Division amends the Government Railways
Act 1904.
113. Section 73
amended
In section 73(2A) delete “the Road Traffic
Act 1974,” and insert:
a road law as defined in the Road Traffic (Administration)
Act 2008 section 4,
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
authorised
person 53A(1)
Authority 2
Authority ticket 45(d)
body 14(1)
business
concern 2AA(2)
charges 2
chief executive
officer 2
company 76(2)
Department 2
free
pass 47
goods 2
government department 92(1)
government
railway 2
industrial union 78(3)
liquor 2
Minister for
Lands 66A(6)
notice 2
permanently employed 77(2)
prescribed 2
public
notice 2
publicly notified 2
railway 2
railway
land 2AA(2)
road 2
specified award employee 73(4)
Subiaco redevelopment
area 63A(5)