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SR 1914 No. 150 By-laws as made
Principal By- Laws
Gazetted 31 Oct 1914
Date of repeal 31 Dec 1973
Repealed by Repeal of the enabling legislation by Statute Law Revision Act 1973

STATUTORY RULES.

1914. No. 150.

PROVISIONAL BY-LAWS FOR THE REGULATION OF THE KALGOORLIE TO PORT AUGUSTA RAILWAY.

I, THE MINISTER OF STATE FOR HOME AFFAIRS, in pursuance of the powers conferred upon me by the Kalgoorlie to Port Augusta Railway Act 1911, and in pursuance of all other enabling powers, hereby certify that, on account of urgency, the following By-laws should come into operation on the first day of November, One thousand nine hundred and fourteen, and make the By-laws to come into operation on that date as Provisional By-laws.

Dated this fourteenth day of October, One thousand nine hundred and fourteen.

W. O. ARCHIBALD,

Minister of State for Home Affairs.

COMMONWEALTH RAILWAYS.—KALGOORLIE TO PORT AUGUSTA RAILWAY BY-LAWS.

Part I.Preliminary.

1. Short Title.—These By-laws may be cited as the Kalgoorlie to Port Augusta Railway By-laws 1914.

2. Parts.—These By-laws are divided into Parts as follows: —

Part I.—Preliminary.

Part II.—Use of tickets.

Part III.—Offences by and in respect of passengers.

Part IV.—Protection of Railway property.

Part V.—General.

3. Definitions.—In these By-laws if the context so requires or admits—

“Minister” shall mean the Minister of State for Home Affairs:

“Railway” shall include all lands vested in the Minister in connexion with the Kalgoorlie to Port Augusta Railway:

‘‘Employé” shall mean any person employed by the Minister in connexion with the railway.

4. Variance of By-laws not Permitted.—The provisions of these By-laws shall not be varied or dispensed with unless with the permission in writing of the Minister.

5. Delegation by Minister.—The Minister may, by writing under his hand, delegate all or any of his powers under these By-laws (except this power of delegation).

Part II.Use of Tickets.

6. Issue of Tickets.—(1) Any intending passenger, on paying the prescribed fare, will be furnished with a ticket entitling him to travel on the railway between the stations named thereon.

C.14150—Price 3d.


(2) No person shall travel upon the railway in any carriage or other Vehicle of the Minister unless supplied with a pass or ticket for that purpose.

Penalty: Five pounds.

7. Inspection and Surrender of Tickets.—(1) Every passenger shall show his pass or ticket to, and allow it to be marked by an authorized employé of the Minister whenever so required by the employé.

(2) Every passenger holding a return ticket shall, if so required, produce the return half on the forward journey.

(3) Every passenger shall, on the demand of an employé, deliver up his pass or ticket, whether single, return, or periodical.

Penalty for any breach of this By-law: Five pounds.

8. Travelling without Proper Ticket.—(1) Any ticket, or return half of a ticket, not used on the day, within the period, or for the journey for which it was issued, shall be deemed cancelled.

(2) No person shall use or attempt to use a ticket unless, on the day, within the period, and for the journey for which it was issued.

(3) A person shall not be allowed to travel to or from stations between those mentioned on his ticket, unless by so doing, he derives no advantage as regards fare.

(4) Excursion tickets shall not be used for any other trains than those for which they have been issued.

(5) Any person who travels between stations other than those appearing on his ticket shall pay (in addition to the penalty prescribed by this by-law), the excess (if any) of the fare for the journey actually travelled over the amount paid.

Penalty for any breach of this By-law. Five pounds.

9. Defaced Tickets will not be Recognised.—(1) Tickets on which the number, date, or names of stations are illegible will not be accepted.

(2) No person shall use, or attempt to use, a ticket which is defaced, mutilated, altered, or illegible as regards number, date, or names of stations.

Penalty (in addition to payment of fare in cases where the person has travelled with the ticket): Five pounds.

10. Breaking Journey.—Subject to these or other By-laws governing traffic on the railway, no passenger shall break his journey at an intermediate station and thereafter proceed by a subsequent train on the same ticket unless with the permission of an employé.

Penalty: Ten pounds.

Part III.Offences by and in Respect of Passengers.

11. Women’s Carriages.—No male passenger shall enter any room, carriage, or place set apart for the accommodation of females.

Penalty: Ten pounds.

12. Entering or Leaving Carriages when in Motion.—No person, other than an employé of the Minister, shall, without reasonable excuse, enter or leave, or attempt to enter or leave, any carriage or vehicle which is in motion or elsewhere than at the place appointed by the Minister for persons to enter or leave the carriage or vehicle.

Penalty: Five pounds.


13. Getting through Windows, &c.—No person, other than an employé, shall, without reasonable excuse, enter or leave any carriage or other vehicle of the Minister by getting through a window, or open a locked door with a key or other instrument, or open any carriage door while the train is in motion.

Penalty: Ten pounds.

14. Travelling on Roofs, Steps, &c.—No person, other than an employé, shall without reasonable excuse, travel on the roof, steps, or footboard of any carriage or other vehicle, or on an engine, or on any carriage or other vehicle not intended for the conveyance of passengers.

Penalty: Five pounds.

15. Conveyance of Animals in Carriages.—(1) No person shall take into or have in his charge in a carriage or vehicle intended for the conveyance of passengers, any dog or other animal, except under the conditions imposed for the conveyance of the dog or animal.

Penalty: Two pounds.

(2) Any dog or animal found in any carriage or vehicle in contravention of this By-law may be forthwith removed.

16. Smoking in Places not set apart for the Purpose.—No person shall smoke in any shed, or in any building, or on any pier, jetty, or wharf of the Minister, or in any carriage, vehicle, or compartment not specially provided for that purpose.

Penalty: Two pounds.

17. Persons Intoxicated or Committing a Nuisance.—(1) No person in a state of intoxication shall enter or remain in a carriage or other vehicle, or be upon any station or premises of the Minister.

(2) No person shall, in or upon any carriage, vehicle, station, or premises commit any nuisance, or gamble or write or use any insulting, indecent, obscene, blasphemous, abusive, or offensive words, or wilfully interfere with the comfort of any passenger.

Penalty for any breach of this By-law: Ten pounds.

18. Expectorating on Station Premises or Rolling-stock.—No person shall expectorate upon the floor or any other part of any carriage, waiting-room, or platform of the Minister.

Penalty: Two pounds.

19. Persons with Certain Diseases not to Travel.—(1) The Minister may refuse to allow any person who is suffering from any infectious or contagious disease to travel on the railway.

(2) No person who is suffering from any infectious or contagious disease shall, without the authority of the Minister, resort to or come upon any premises of the Minister, or travel, or attempt to travel, on the railway.

(3) No person who has charge of any person who is suffering from any infectious or contagious disease shall, without the authority of the Minister, aid or assist the person so suffering to travel or attempt to travel on the railway.

Penalty for any breach of this By-law: Ten pounds in addition to forfeiture of any fare that has been paid.


20. Power to Remove Offenders.—Any person who is guilty of a contravention of By-laws Nos. 7, 8, 9, 11, 14, 16, 17, or 19 may, in addition to the prescribed penalty, be removed from any carriage or premises of the Minister.

21. Lost Property to be Handed Over.—Any person who finds any lost property in any station or premises, or in or upon any carriage or vehicle of the Minister, shall immediately hand over the property to the officer in charge of the railway station at or nearest the place where the property is found, or to the guard in charge of the train.

Penalty: Five pounds.

Part IV.Protection of Railway Property.

22. Traction Engines, &c., Grossing Line.—No person shall take, or attempt to take across any railway on the level, any traction engine, road engine, or any vehicle of whatsoever description the weight of which on any wheel exceeds 3 tons, or 6 tons on any axle, or any vehicle or contrivance having thereon any load exceeding 16 feet in height or 10 feet in width, or any load that is exceptional and will cause, or will be likely to cause, an obstruction of the railway, unless such person shall have given twenty-four hours’ previous notice, in writing, of his intention to so cross, particularising the place and time where and when he intends to cross, and the name and address of the owner of such engine, vehicle, or load, to the stationmaster or officer-in-charge of any railway station, which is also a telegraph station, or the railway station next adjacent to the point at which such person proposes to so cross such railway, provided a man be in charge of such station, and unless and until such person has made such provision as may be required by the Minister to prevent any injury being done to railway property or such railway by reason of the crossing of such engine, vehicle, or load.

Penalty: Ten pounds.

23. Removing Survey Pegs or Marks.—No person shall wilfully, without the written permission of the Minister, pull up, remove, destroy, or injure any peg or other survey mark heretofore or hereafter driven, made, or put up, by or under the direction of the. Minister, or any surveyor or other officer employed by him, or any person acting under the directions of the Minister, or such surveyor or other officer, in connexion with the railway.

Penalty: Five pounds.

24. Polluting Reservoirs, &c.—No person shall bathe in or pollute the water of any reservoir or tank vested in the Minister.

Penalty: Five pounds.

25. Selling Goods or Soliciting Custom.—No person shall, unless authorized by the Minister, sell, or attempt to sell, any article, or solicit custom on railway premises.

Penalty: Two pounds.

26. Trespassing on Railway Premises.—(1) No person shall wilfully trespass on any railway premises.

(2) No person shall remain on any railway premises when required to leave by an authorized employé.

Penalty for any breach of this By-law: Two pounds.


27. Interference with Railway Property.—No person shall remove, damage, or deface any notice or advertisement, or remove or extinguish any lamp, or interfere with or damage any property vested in the Minister and used in connexion with the railway.

Penalty: Five pounds.

28. Drainage not to he Emptied on Railway Premises.—No person shall empty, place, or permit to flow, or cause or suffer to be emptied, placed or permitted to flow upon any railway premises, any sewage, night-soil, drainage, or other offensive matter.

Penalty: Five pounds.

Part V.General.

29. Giving False Consignment Note or Waybill.—No person shall make, or cause to be made, an understatement, or insert or cause to be inserted, any misdescription as to the nature, quantity, weight, measurement, or value of any goods delivered upon the railway, in any consignment note, or other document which he is required to deliver in respect of such goods.

Penalty: Ten pounds, and in addition payment of double rates on the goods in respect of which the offence is committed.

30. Drivers of Vehicles to be Licensed.—No driver of any public vehicle shall ply for hire within any premises of the Minister without a licence in writing signed by the proper officer of the Minister.

Penalty: Ten pounds.

31. Drivers of Vehicles to Obey Directions.—The driver of any public vehicle shall, while in or upon any station-yard or other premises of the Minister, obey the reasonable directions of any authorized employé of the Minister.

Penalty: Ten pounds.

32. Obstructing Employés in the Execution of their Duty.—No person shall wilfully obstruct or impede any employé in the execution of his duty.

Penalty: Ten pounds.

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.