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Australian National Railways Commission Act 1983
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C2005C00489
05 December 1999
-
27 June 2000
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
3A Crown to be bound
3B Extra-territorial operation
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Part II—Functions, Powers and Duties of the Commission
4 The Australian National Railways Commission
5 Functions of Commission
6 General powers of Commission
6AA Ministerial directions
6A Commission must take action to facilitate National Rail Corporation Agreement etc.
8 Powers of Commission to participate in formation of companies etc.
9 Transport otherwise than by rail
10 Joint services
11 Conferral of functions and powers on Commission by State and Territory laws
12 Power to connect with railways operated by other persons
13 Sale and supply of travellers’ requisites
13A Provision of entertainment etc.
14 Construction of railways
15 Power to enter land etc.
16 Powers relating to construction etc. of railways
17 Commission to take steps to do as little damage as practicable
18 General duties of Commission
20A Minister may give Commission notices about its strategic direction etc.
20B Minister may direct Commission to give documents and information to nominee
21 Charges for services
23 Delegation
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Part III—Constitution and Meetings of the Commission
24 Constitution of Commission [see Note 2]
26 Remuneration and allowances of Commissioners
27 Leave of absence
28 Resignation
29 Acting Chairman
30 Acting Deputy Chairman
31 Acting Commissioner
34 Meetings of Commission
34A Application of Part in relation to Managing Director
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Part IV—The Staff of the Commission
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Division 1—Managing Director
35 Managing Director
36 Duties
36A Appointment
36B Managing Director to hold office during Commission’s pleasure etc.
36C Managing Director may be full-time or part-time
36D Terms and conditions of appointment not provided for by Act
36E Disclosure of interests
36F Acting Managing Director
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Division 2—The Railway Service
37 The Railway Service
38 Terms and conditions of employment
39 Promotions Appeal Boards
40 Appeals against promotions or directions to act
41 Disciplinary Appeal Boards
42 Appeals against decisions made in cases of misconduct
43 Witnesses before Disciplinary Appeal Boards
44 Long service leave entitlements of employees to whom By-law 70 was applicable
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Division 3—Special provisions relating to transferred South Australian and Tasmanian employees
45 Superannuation
46 Long service leave entitlements of transferred South Australian employees
47 Compensation payable to certain transferred South Australian employees
48 Application of certain provisions of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 to employees
48A Transitional provisions
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Part V—Finance
55 Financial policy
56 Measures to be taken where financial target not attained etc.
57 Payment of amounts to the Commonwealth
60 Application of money
61 Borrowings from Commonwealth
62 Borrowings otherwise than from Commonwealth
63 Guarantee of borrowings
64 Commission may give security
64A Hedging through currency contracts etc.
67 Liability to taxation
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Part VA—Transfer of assets of Commission
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Division 1—Preliminary
67AA Purpose of Part
67AB Simplified outline
67AC Interpretation
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Division 2—Transfer of assets, liabilities, rights and obligations of Commission
67AD Minister for Finance may direct Commission to sell or transfer assets
67AE Transfer of assets by declaration
67AF Transfer of contractual rights and obligations by declaration
67AG Transfer of liabilities by declaration
67AH Commonwealth guaranteed liabilities of the Commission
67AJ Consideration
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Division 3—Contracts
67AK Commission may enter into contracts
67AL Minister for Finance may direct Commission to enter into contracts
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Division 4—Transfers by the Commonwealth
67AM Transfer of assets
67AN Transfer of contractual rights and obligations
67AP Transfer of liabilities
67AQ Consideration
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Division 5—Proceeds of asset transfers to be paid to the Commonwealth
67AR Proceeds of asset transfers to be paid to the Commonwealth
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Division 6—Tax exemption
67AS Exemption from stamp duty and other taxes
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Division 7—Commonwealth takeover of contractual rights and obligations and other liabilities
67AT Commonwealth takeover of certain contractual rights and obligations and other liabilities of the Commission
67AU Commonwealth takeover of certain liabilities of the Commission
67AV Authorisation of payments
67AW Appropriation
67AX Application of the Loans Securities Act 1919
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Division 8—Commission and others to assist the implementation of this Part
67AY Implementation of this Part
67AZ Assistance given by Commission and Commissioners in connection with the implementation of this Part
67AZA Giving of assistance—ancillary provisions
67AZB Use of information by the Commonwealth or the Commission
67AZC Agreements relating to the protection of information
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Division 9—Injunctions
67AZD Injunctions
67AZE Interim injunctions
67AZF Discharge etc. of injunctions
67AZG Certain limits on granting injunctions not to apply
67AZH Other powers of the court unaffected
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Division 10—Miscellaneous
67AZJ Transfers of Commission land may be registered
67AZK This Part does not modify registers kept by land registration officials
67AZL Lands Acquisition Act 1989 does not apply to this Part
67AZM Certificates in relation to assets other than land
67AZN Minister may sell shares in sale company
67AZP Legislative Instruments Act does not apply to this Part
67AZQ Operation of Australian Land Transport Development Act 1988
67AZR Minister may enter into certain agreements with States
67AZS Compensation—constitutional safety net
67AZT Transfer of pending proceedings
67AZU Operation of this Part does not place a person in breach of contract etc.
67AZV Delegation
67AZW Commonwealth records
67AZX This Part does not authorise the imposition of taxation
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Part VI—Miscellaneous
67A Extra matters to be included in annual report
68 Closing of railways
69 Reports of accidents etc. to be supplied to Minister
70 Inquiries into accidents etc.
72 Commission not common carrier
73 Service of notices
74 Railways need not be fenced
74A Operation of certain State and Territory laws
75 Act subject to Railways Agreement Acts
76 Closing of roads
77 Compensation for acquisition of property
78 Endangering safety of trains etc.
78A Public Works Committee Act
78B Lands Acquisition Act
79 By-laws
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80 Regulations
Notes to the STYLEREF ShortT \* MERGEFORMAT Australian National Railways Commission Act 1983
