First Previous (PART III. Directorate of the Great Southern Railways Company.)

3 1932

RAILWAYS (MISCELLANEOUS) ACT, 1932

PART IV.

Miscellaneous.

Suspension of panels for the Railway Tribunal.

15. —(1) Notwithstanding anything contained in section 17 of the Principal Act, the panels provided for by that section shall be constituted and maintained only when and so long as it appears to the Executive Council that the constitution or the maintenance (as the case may be) of such panels is expedient having regard to the number of occasions on which the circumstances in which additional members can be added to the Railway Tribunal under sub-section (4) of the said section 17 have occurred or are likely to occur.

(2) Whenever and so long as no panels are maintained under the said section 17 of the Principal Act, sub-sections (4) and (6) of that section shall not have effect and paragraph (b) of sub-section (3) of the said section shall have effect, subject to the modification that the Governor-General on the advice of the Executive Council may appoint under and for the purpose of that paragraph any suitable person.

Sale and lease of superfluous land.

16. —(1) Notwithstanding anything contained in sections 127 to 131 of the Lands Clauses Consolidation Act, 1845, a railway company may at any time sell or lease in such manner and on such terms as it thinks proper any land not required for the purposes of its railway.

(2) The said sections 127 to 131 of the Lands Clauses Consolidation Act, 1845, shall not apply to any sale or lease of land by a railway company under this section.

(3) Land forming part of or used for the purposes of a railway line on which the running of trains has ceased under an order made under Part II of this Act shall not, merely by reason of such cesser, be land not required for the purposes of a railway within the meaning of this Act.

Purchase by a railway company of its own debenture stock.

17. —(1) A railway company may, notwithstanding anything contained in any Act or other instrument constituting or regulating such company, purchase in any stock exchange or by private treaty any quantity of the debenture stock or any of the debenture stocks of such company and may use for such purchase any moneys in its hands, other than moneys raised by the issue of stock or by borrowing or otherwise expressly for another purpose.

(2) A railway company purchasing debenture stock under this section may require the stock so purchased to be transferred by the seller thereof either to such company or to other persons nominated by such company.

(3) Whenever debenture stock purchased by a railway company under this section is transferred by the seller thereof to such company, such transfer shall operate to extinguish such stock.

(4) Whenever debenture stock purchased by a railway company under this section is transferred by the seller thereof to other persons nominated by such company, such persons shall hold such stock upon trust to sell the same or any part thereof when so directed by such company and to pay the proceeds of such sale to such company and until such sale to hold such stock in trust for such company.

Road transport business of a railway company.

18. —(1) No road transport business carried on by a railway company shall be deemed to be part of the business of such company for the purpose of any agreement between such company and the Minister for Posts and Telegraphs entitling such company to send telegrams free or at a reduced rate.

(2) All road transport business carried on, directly or indirectly, by the Great Southern Railways Company shall for the purposes of section 53 of the Principal Act be deemed to be business ancillary or subsidiary to the railway of that company, and accordingly charges made by that company for carriage by road transport shall not be subject to the jurisdiction of the Railway Tribunal.

Amendment of the Railway Companies (Accounts and Returns) Act, 1911.

19. —(1) Notwithstanding anything contained in section 3 of the Railway Companies (Accounts and Returns) Act, 1911, the Minister may, if and whenever he thinks proper, by order made on the application of a railway company or without any such application alter (by addition, omission, or variation) the First Schedule to that Act.

(2) Whenever the Minister makes an order under this section altering the First Schedule to the said Act, the said Act and the said Schedule thereto shall have effect, subject to and with the alteration made by such order.