COMMONWEALTH BUREAU OF ROADS ACT 1964 [Note: This Act is "repealed" by Act No. 27 of 1977]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - TABLE OF PROVISIONS
TABLE
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
PART II-ESTABLISHMENT OF THE COMMONWEALTH BUREAU OF
ROADS
5. Establishment of Bureau
6. Constitution of Bureau
7. Remuneration and allowances
8. Leave of absence
9. Acting members
10. Resignation
11. Termination of office
12. Meetings of Bureau
13. Chairman to administer affairs of Bureau
PART III-FUNCTIONS OF THE COMMONWEALTH BUREAU OF ROADS
14. Functions of Bureau
15. Investigation by Bureau of matters referred by Minister
16. Powers of Bureau
17. Affairs of Bureau not to be made public
PART IV-STAFF
18. Officers and employees
19. Terms and conditions of employment
PART V-FINANCE
20. Moneys payable to Bureau
21. Bank accounts
22. Application of moneys
23. Proper accounts to be kept
24. Audit
25. Exemption from taxation
PART VI-MISCELLANEOUS
26. Officer of Commonwealth becoming Chairman or officer of Bureau
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 1.
Short title.
SECT
COMMONWEALTH BUREAU OF ROADS ACT
1964-1973
An Act to Establish a Commonwealth Bureau of Roads.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Commonwealth Bureau of Roads Act
1964-1973.*
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 4.
Definitions.
SECT
4. In this Act, unless the contrary intention appears-
''acting member'' means a person, not being a member, appointed to act as
Chairman, or as a member, of the Bureau under section nine of this Act;
''member'' means a member of the Bureau, and includes the Chairman;
''the Auditor-General'' means the Auditor-General for the Commonwealth;
''the Bureau'' means the Commonwealth Bureau of Roads constituted under this
Act;
''the Chairman'' means the Chairman of the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 5.
Establishment of Bureau.
SECT
PART II-ESTABLISHMENT OF THE COMMONWEALTH BUREAU OF ROADS
5. (1) For the purposes of this Act, there is hereby established a bureau by
the name of the Commonwealth Bureau of Roads.
(2) The Bureau-
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Bureau affixed to a document and shall
presume that it was duly affixed.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 6.
Constitution of Bureau.
SECT
6. (1) The Bureau shall consist of a Chairman and two other members.
(2) The members shall be appointed by the Governor-General.
(3) Subject to this Act, a member holds office for such period, not
exceeding seven years, as is fixed by the Governor-General at the time of his
appointment, but is eligible for re-appointment.
(4) A person who has attained the age of sixty-five years shall not be
appointed as Chairman, and a person shall not be appointed as Chairman for a
period that extends beyond the date on which he will attain the age of
sixty-five years.
(5) The performance of a function by the Bureau is not affected by reason
only of there being a vacancy in the membership of the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 7.
Remuneration and allowances.
SECT
7. (1) A member shall be paid such remuneration and allowances as the
Governor-General determines.*
(2) An acting member shall be paid such remuneration and allowances as the
Minister determines.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 8.
Leave of absence.
SECT
8. The Minister may grant leave of absence to a member upon such terms and
conditions as to remuneration or otherwise as the Minister determines.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 9.
Acting members.
SECT
9. (1) Where the Minister grants leave of absence under the last preceding
section to the Chairman or the office of Chairman is vacant, the Minister may
appoint a member or another person to act as Chairman during the absence or
vacancy, and, subject to sub-section (3) of this section, a person so
appointed has, during the absence or vacancy, all the powers and functions of
the Chairman.
(2) Where the Minister grants leave of absence under the last preceding
section to a member other than the Chairman or the office of such a member is
vacant, the Minister may appoint a person to act as a member during the
absence or vacancy, and, subject to the next succeeding sub-section, a person
so appointed has, during the absence or vacancy, all the powers and functions
of a member other than the Chairman.
(3) The appointment of a person under this section may be terminated at any
time by the Minister.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 10.
Resignation.
SECT
10. A member may resign his office by writing under his hand addressed to
the Governor-General.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 11.
Termination of office.
SECT
11. (1) The Governor-General may remove a member from office for
misbehaviour or incapacity.
(2) If a member-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of any moneys payable to him under this Act for their benefit;
(b) being the Chairman-
(i) engages in paid employment outside the duties of his office without
the approval of the Minister; or
(ii) absents himself from duty, except with leave granted by the
Minister, for a period of fourteen consecutive days or for twenty-eight days
in any period of twelve months;
(c) not being the Chairman, is absent, except with leave granted by the
Minister, from three consecutive meetings of the Bureau; or
(d) fails to comply with his obligations under the next succeeding
sub-section,
the Governor-General shall remove him from office.
(3) A member or acting member who is directly or indirectly interested in a
contract made or proposed to be made by the Bureau, otherwise than as a
member, and in common with the other members, of an incorporated company
consisting of not less than twenty-five persons, shall, as soon as possible
after the relevant facts have come to his knowledge, disclose the nature of
his interest at a meeting of the Bureau.
(4) A disclosure under the last preceding sub-section shall be recorded in
the minutes of the meeting at which the disclosure is made, and the member or
acting member-
(a) shall not take part after the disclosure in any deliberation or
decision of the Bureau with respect to the contract; and
(b) shall be disregarded for the purpose of constituting a quorum of the
Bureau for any such deliberation or decision.
(5) If an interest referred to in sub-section (3) of this section is patent,
that sub-section does not apply, but paragraphs (a) and (b) of the last
preceding sub-section apply as if there had been a disclosure in accordance
with sub-section (3) of this section.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 12.
Meetings of Bureau.
SECT
12. (1) Meetings of the Bureau shall be held at such times and places as the
Chairman determines.
(2) The Chairman shall, on receipt of a written request signed by the other
two members of the Bureau, convene a meeting of the Bureau.
(3) Subject to sub-section (5) of this section, at a meeting of the Bureau,
the Chairman and one other member constitute a quorum.
(4) Subject to the next succeeding sub-section, the Chairman shall preside
at all meetings of the Bureau.
(5) Where the Chairman is, at a meeting of the Bureau, prevented by
paragraph (a) of sub-section (4) of the last preceding section from taking
part in any deliberation or decision of the Bureau with respect to a contract,
then, during the deliberation and the making of the decision-
(a) the two members other than the Chairman constitute a quorum; and
(b) one of those two members, who shall be appointed by those members, shall
preside.
(6) A question arising at a meeting of the Bureau shall be determined by a
majority of votes of the members present and voting.
(7) The member presiding at a meeting of the Bureau has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.
(8) The Bureau shall keep a record of its proceedings.
(9) In this section-
''member'' includes an acting member;
''the Chairman'' includes a person appointed to act as Chairman under
section nine of this Act.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 13.
Chairman to administer affairs of Bureau.
SECT
13. The Chairman shall, in accordance with the decisions and subject to the
directions of the Bureau, administer the affairs of the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 14.
Functions of Bureau.
SECT
PART III-FUNCTIONS OF THE COMMONWEALTH BUREAU OF ROADS
14. The functions of the Bureau are-
(a) to investigate, and from time to time to report to the Minister on,
matters relating to roads or road transport for the purpose of assisting the
Government of the Commonwealth in the consideration by the Government of the
grant of financial assistance by the Parliament to the States in connexion
with roads or road transport; and
(b) to investigate, and report to the Minister on, any matter referred to
the Bureau under the next succeeding section.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 15.
Investigation by Bureau of matters referred by Minister.
SECT
15. (1) The Minister may, for or in connexion with any purpose of the
Commonwealth, refer any matter relating to roads or road transport to the
Bureau for investigation and report.
(2) Where the Minister refers a matter to the Bureau under the last
preceding sub-section, the Bureau shall, as soon as is practicable,
investigate the matter and furnish to the Minister a report in respect of the
investigation.
Amended by No. 216, 1973, s. 3.
(3) In this section, ''purpose of the Commonwealth'' means any purpose in
respect of which the Parliament has power to make laws, and includes-
(a) any purpose in relation to the grant of financial assistance by the
Parliament to the States; and
(b) any purpose in relation to a Territory.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 16.
Powers of Bureau.
SECT
16. The Bureau has power to do all things that are necessary or convenient
to be done for or in connexion with the performance of its functions and, in
particular, without limiting the generality of the foregoing, the Bureau may
engage persons, or arrange for persons, to advise and inform the Bureau on any
matter being investigated by the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 17.
Affairs of Bureau not to be made public.
SECT
17. Except with the approval of the Minister, the Bureau, or a member
(including an acting member) of the Bureau, shall not make public-
(a) any information obtained by the Bureau in the course of carrying out
any investigation;
(b) the results of any investigation carried out by the Bureau; or
(c) the whole or any part of the contents of a report furnished by the
Bureau to the Minister.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 18.
Officers and employees.
SECT
PART IV-STAFF
18. (1) Subject to the next succeeding sub-section, the Bureau may appoint
such officers and engage such employees as it thinks necessary for the
purposes of this Act.
(2) The Minister may, from time to time, determine the maximum number of
officers who may be appointed under the last preceding sub-section and the
maximum number of employees who may be engaged under the last preceding
sub-section, and the Bureau shall not appoint officers in excess of the number
applicable in respect of officers and shall not engage employees in excess of
the number applicable in respect of employees.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 19.
Terms and conditions of employment.
SECT
19. The terms and conditions of service of persons appointed or engaged
under the last preceding section are such as are, with the approval of the
Public Service Board, determined by the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 20.
Moneys payable to Bureau.
SECT
PART V-FINANCE
20. (1) There are payable to the Bureau such moneys as are appropriated by
the Parliament for the purposes of the Bureau.
(2) Moneys payable to the Bureau under this section shall be paid in such
amounts and at such times as the Treasurer determines.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 21.
Bank accounts.
SECT
21. (1) The Bureau may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Bureau shall pay all moneys of the Bureau into an account referred
to in this section.
(3) In this section, ''approved bank'' means the Reserve Bank of Australia
or another bank approved by the Treasurer.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 22.
Application of moneys.
SECT
22. The moneys of the Bureau may be applied by the Bureau-
(a) in payment or discharge of the costs and expenses of the Bureau under
this Act; and
(b) in payment of any remuneration or allowances payable to any person
under this Act,
but not otherwise.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 23.
Proper accounts to be kept.
SECT
23. The Bureau shall cause to be kept proper accounts and records of the
transactions and affairs of the Bureau and shall do all things necessary to
ensure that all payments out of the moneys of the Bureau are properly
authorized and correctly made and that adequate control is maintained over the
assets of, or in the custody of, the Bureau and the incurring of liabilities
by the Bureau.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 24.
Audit.
SECT
24. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Bureau and shall forthwith draw the
Minister's attention to any irregularity revealed by the inspection and audit
that, in the opinion of the Auditor-General, is of sufficient importance to
justify his so doing.
(2) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under the last
preceding sub-section.
(3) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Bureau relating directly or indirectly to the receipt or
payment of moneys by the Bureau or to the acquisition, receipt, custody or
disposal of assets of the Bureau.
(4) The Auditor-General or an officer authorized by him may make copies of
or take extracts from any such accounts, records, documents or papers.
(5) The Auditor-General or an officer authorized by him may require a person
who is a member, or acting member, of the Bureau, or an officer or employee of
the Bureau, to furnish him with such information in the possession of that
person or to which that person has access as the Auditor-General or authorized
officer considers necessary for the purposes of an inspection or audit under
this Act, and that person shall comply with the requirement.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 25.
Exemption from taxation.
SECT
Amended by No. 216, 1973, s. 3.
25. The Bureau is not subject to taxation under any law of the Commonwealth
or of a State or Territory.
COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - SECT. 26.
Officer of Commonwealth becoming Chairman or officer of Bureau.
SECT
PART VI-MISCELLANEOUS
Amended by No. 216, 1973, s. 3.
26. Where the Chairman of the Bureau, or an officer of the Bureau, was,
immediately before his appointment, an officer of the Public Service of the
Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service under this Act
shall be taken into account as if it were service in the Public Service of the
Commonwealth.
Section 27 repealed by No. 216, 1973, s.3.
* * * * * * * *
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COMMONWEALTH BUREAU OF ROADS ACT 1964-1973 - NOTES
NOTES
1. The Commonwealth Bureau of Roads Act 1964-1973 comprises the Commonwealth
Bureau of Roads Act 1964 as amended by the other Act specified in the
following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Commonwealth Bureau of
Roads Act 1964 No. 65, 1964 30 Sept 1964 16 Sept 1965
(see
Gazette 1965,
p. 4013A)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 7-By section 15 of, and Schedule 4 to, the Remuneration and Allowances
Acts 1973 the rate per annum of the salary applicable to the office of
Chairman of the Commonwealth Bureau of Roads is $22,012.