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Commonwealth Bureau of Roads Act 1964

Act No. 65 of 1964 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 30 Jun 1977
Date of repeal 30 Jun 1977
Repealed by Commonwealth Bureau of Roads (Repeal) Act 1977

COMMONWEALTH BUREAU OF ROADS ACT 1964 [Note: This Act is "repealed" by Act No. 27 of 1977]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 (Repealed)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Section 3 repealed by No. 216, 1973, s. 3.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:
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Number Date of
Act and year Date of
Assent commencement
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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.