EDWARD ST
21. Tickets. Regulating the sale of tickets at stations and other places, and the conditions under which such tickets shall be sold
22. Demurrage. Fixing demurrage charges where goods are to be loaded into or discharged from trucks by owners, consignors, or consignees.
22A. With respect to trucks which having been ordered for the conveyance of any animals or goods to a destination (herein in this clause referred to as 'the alleged destination') are used, whether with or without the prior consent of the Commissioner, for the conveyance of those or other animals or goods to another destination (whether by consignment from the place of loading, or by diversion or stoppage while the same are in the course of being conveyed to the alleged destination, or by further consignment after completion of the conveyance thereof to the alleged destination) prescribing the liability of both the consignor and the consignee, or either of them, in respect of the payment of freight or diversion (including stoppage) charges, or both freight and diversion charges.
For the purposes of this clause "Cannon Hill", "Cannon Hill Sales"
and "Cannon Hill Abattoir" shall be different destinations and where the order for trucks for the conveyance of animals specifies "Cannon Hill Sales" and the trucks are consigned to any destination whatsoever other than "Cannon Hill Sales" there shall be a diversion.
In respect of freight such prescribed liability may be expressed so as to impose the whole or any part of, but so as not to exceed, the aggregate of-
( a) The charge which would have been payable had the animals or goods in question been conveyed to the alleged destination;
and
(b) Whichever of the following charges is the greater namely the charge for the actual conveyance of those animals or goods or
the charge which would have been payable had those animals or goods been conveyed from the alleged destination to the destination to which they are actually conveyed.
In respect of diversion charges such prescribed liability shall not exceed the sum of sixty dollars for each and every truck.
Liability as aforesaid may be prescribed so as to differ in respect of different classes of goods (including animals).
The Commissioner or an officer authorised by him either generally or in any particular case may, according to the circumstances of a particular case, remit in whole or in part the liability of any person under the by-laws made under this clause.
For the purposes of the recovery of the amount for which any person is made liable by the by-laws under this clause, that liability shall be deemed to be a charge lawfully fixed by those by-laws and shall be recoverable by the Commissioner notwithstanding the provisions of section one hundred and eight of this Act or any other provision hereof limiting, affecting, or otherwise prejudicing the provisions of this clause or of any by-law made under this clause.
Inserted by Act of 1951, 15 Geo. 6 No. 34, s. 5; as amended by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (g); Act of 1970, No. 39, s. 3 Sch.
22B. Power to hire, etc. Regulating the hire, use and detention of any locomotives, rolling stock, machines and plant, and the liability of persons hiring, using or detaining the same for damage done thereto, or for the destruction or detention thereof.
Inserted by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (h).
23. Warehouse -charges. Fixing the charges for warehousing goods, and the charges to be paid in respect of parcels and luggage left for transit or for care or custody, and the conditions upon which they respectively will be received.
24. Unclaimed goods. Regulating the disposal of unclaimed goods.
25. Passengers' luggage. Imposing conditions upon which passengers' luggage will be carried.
26. Reservoirs; etc. Preventing or regulating bathing or fishing in, or shooting over or upon, any reservoir or tank connected with any railway or upon any railway lands.
27. Corpses, etc. Regulating or prohibiting the carriage of corpses, and prohibiiing the carriage of persons intoxicated or suffering from disease or otherwise likely to interfere with the health or comfort of other passengers.
28. Diseased animals. Prohibiting the carriage of diseased animals, and preventing them from coming upon any station or premises.
29. Damage to property. Preventing damage or injury to railway stations, buildings, piers, wharves, jetties, premises, carriages, gates, fences, or any property whatever.
3~. Free passes. The issue of free passes on the railways.
70 Sch.2 RAILWAYS ACT 1914-1971
31. Level crossings, etc. Regulating public or private traffic across any railway, on the level theieof; preventing animals from trespassing on any railway.
32. Advertising. Regulating the manner in which public notices shall be advertised, and generally with regard to advertising in newspapers and elsewhere.
33. Insurance. Facilitating the insurance of persons travelling by railway by any Accident Insurance Company now or hereafter to be formed.
34. Qualifications of employees. Prescribing the qualifications required of all candidates for employment in each of the various branches of the railway service, and, if necessary, in each grade of such branches.
35. Examination of candidates. The examination of candidates for employment and the granting· of certificates to them; the holding of examinations at local centres of such candidates, and, where necessary, of employees who are candidates for promotion; the public notification of such examinations and of the number of probable vacancies; the issue of free passes to candidates to enable them to attend for examination;
the granting of certificates of educational and physical fitness by the examiners; prescribing forms in connection with such examinations.
36. Examination for promotion. Determining the nature or character and extent of examinations or tests, according to the requirements of each of the higher grades of the service, which employees in the lower grades desiring to compete for and to be promoted to such higher grades shall undergo.
37. Status. Regulating the relative rank, position, or grade the seniority and the duties and conduct of the employees in each of the various branches of the railway service; and determining which of such grades shall be deemed the higher and lower grades, respectively, in such railway service.
As amended by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (i).
38. Duties and privileges, etc., of employees. Regulating the duties to be performed by the employees in the railway service, and the discipline to be observed in the performance of such duties, the transfer of employees, the granting of leave of absence from time to time, and arranging for the performance of duties during holidays, and affixing to breaches of such regulations, according to the nature of the offences, such penalties as by this Act are authorised.
As amended by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (j).
39. Appeals. The hearing and determining of appeals, and the rules of practice and procedure in connection therewith.
40. Retirement. Fixing the ages at which persons employed shall retire in the different branches of the railway service.
41. Refreshment rooms, etc. Regulating the use of refreshment rooms and dining and restaurant cars; prescribing the terms on which leases or licenses for refreshment rooms, dining and restaurant cars shall be granted and the hours of opening and closing refreshment rooms, fees to be paid for such leases or licenses and conditions under which same may be determined and forfeited.
Original clause 41 repealed by Act of 1915, 6 Geo. 5 No. 28, s. 24; present clause inserted by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (k).
42. Altering, etc., by-Jaws. Altering or repealing by-laws.
43. Witnesses' expenses. Prescribing a scale of allowances to be paid to any witness summoned under this Act for his travelling expenses and maintenance while absent from his usual place of abode.
44. Generally. Generally regulating the travelling upon or using and working of the railways and the maintenance of good order, and regulating the conduct· of employees, and providing for the due management of the affairs under charge of the Commissioner, and the protection of the railways and other works from trespass and injury.
44A. Respecting powers, etc., of Commissioner. Prescribing any matter or thing not inconsistent with this Act which is necessary or convenient to be prescribed to give effect to any power, duty or authority of the Commissioner under this Act.
Inserted by Act of 1959, 8 Eliz. 2 No. 56, s. 39 (!).
THIRD SCHEDULE Inserted by Act of 1959, 8 Eliz. 2 No. 56, s. 40.
PART I--COPY OF AGREEMENT DATED 22ND SEPTEMBER, 1959