GRAFTOn-KYOGLE TO SOUTH
BRISBANE RAILWAY
AGREEMENT RATIFICATION
ACT.
Act No. 20, 1924.
A n A c t t o ratify a n d p r o v i d e for c a r r y i n g i n t o effect,
so far as t h e S t a t e of N e w S o u t h W a l e s
is c o n c e r n e d , an a g r e e m e n t b e t w e e n t h e
C o m m o n w e a l t h of A u s t r a l i a , t h e S t a t e of N e w
S o u t h W a l e s , a n d t h e S t a t e of Q u e e n s l a n d ,
r e s p e c t i n g t h e c o n s t r u c t i o n of a c e r t a i n line
of railway of s t a n d a r d g a u g e from K y o g l e
in N e w S o u t h W a l e s t o S o u t h B r i s b a n e i n
Queensland, and the regrading and relaying
of t h e e x i s t i n g r a i l w a y b e t w e e n Grafton a n d
Kyogle ; to amend the Public W o r k s Act,
1912, t h e G o v e r n m e n t R a i l w a y s A c t , 1912,
a n d c e r t a i n o t b e r A c t s ; a n d for p u r p o s e s
connected therewith.
[Assented to, 28th
O c t o b e r , 1924.]
W
H E R E A S t h e P r i m e M i n i s t e r of t h e C o m m o n ­
w e a l t h a n d t h e P r e m i e r s of t h e S t a t e s of N e w
South W a l e s and Queensland have entered into an
a g r e e m e n t , a copy of w h i c h is set o u t i n t h e S c h e d u l e
to t h i s A c t , s u b j e c t t o t h e same b e i n g ratified b y
t h e P a r l i a m e n t of t h e C o m m o n w e a l t h a n d b y t h e
P a r l i a m e n t s of t h e said States : A n d w h e r e a s it is
desirable to ratify a n d to provide for c a r r y i n g into effect
t h e said a g r e e m e n t so far as t h e State of N e w S o u t h
Wales is concerned :
Be it t h e r e f o r e e n a c t e d b y t h e
King's
King's Most Excellent Majesty, by and with the
advice a n d c o n s e n t of t h e L e g i s l a t i v e C o u n c i l a n d
L e g i s l a t i v e A s s e m b l y of N e w S o u t h W a l e s in P a r l i a raent assembled, a n d b y t h e a u t h o r i t y of t h e s a m e , as
follows :—
1 . ( 1 ) T h i s A c t m a y be cited as t h e " G r a f t o n - K y o g l e
to S o u t h B r i s b a n e Railway A g r e e m e n t R a t i f i c a t i o n A c t ,
1924."
(2) This Act shall bind t h e Crown.
2 . I n t h i s A c t , unless t h e c o n t e x t
otherwise
requires,—
" L a n d " includes C r o w n l a n d s a n d b u i l d i n g s ,
m e s s u a g e s , t e n e m e n t s , a n d h e r e d i t a m e n t s of
a n y t e n u r e , a n d a n y e a s e m e n t , r i g h t , or
privilege in, over, or affecting a n y land.
" T h e a g r e e m e n t " m e a n s t h e a g r e e m e n t a copy
of w h i c h is set o u t i n t h e S c h e d u l e to t h i s A c t .
3 . (1) T h e a g r e e m e n t , a copy of w h i c h is set o u t in
t h e S c h e d u l e t o t h i s A c t , is h e r e b y a p p r o v e d a n d m a y
b e carried into effect n o t w i t h s t a n d i n g t h e provisions
of a n y o t h e r A c t .
(2) A l l m a t t e r s a n d t h i n g s b y t h e a g r e e m e n t
agreed to be done by or on behalf of t h e G o v e r n m e n t of
N e w S o u t h W a l e s a r e h e r e b y sanctioned a n d a u t h o r i s e d .
4 . (1) T h e G o v e r n o r m a y r e s u m e , a p p r o p r i a t e , or
a c q u i r e , u n d e r t h e provisions of t h e P u b l i c W o r k s A c t ,
1912, a n y land in New S o u t h W a l e s r e q u i r e d for or in
connection w i t h a n y of t h e w o r k s c o n t e m p l a t e d by t h e
agreement.
(2) A n y w o r k s to b e carried o u t by t h e M i n i s t e r
for P u b l i c W o r k s or b y t h e R a i l w a y Commissioners for
N e w S o u t h W a l e s u n d e r t h e a u t h o r i t y of t h e council
c o n s t i t u t e d b y t h e a g r e e m e n t shall be d e e m e d t o be
a u t h o r i s e d w o r k s w i t h i n t h e m e a n i n g of t h e P u b l i c
W o r k s A c t , 1912.
(3) T h e said M i n i s t e r or t h e said Commissioners
as t h e case m a y be shall, on publication in t h e G a z e t t e
of a notification in t h a t behalf, be deemed to be t h e
C o n s t r u c t i n g A u t h o r i t y u n d e r t h e said A c t in respect
of t h e works specified in t h e notification.
THE
SCHEDULE.
THE
SCHEDULE.
A G R E E M E N T m a d e t h e s i x t e e n t h day of September, One t h o u s a n d n i n e
h u n d r e d a n d twenty-four, b e t w e e n t h e Commonwealth of A u s t r a l i a
(hereinafter called t h e " C o m m o n w e a l t h " ) of t h e first p a r t t h e
S t a t e of N e w South W a l e s (hereinafter called " N e w Smith
W a l e s " ) of t h e second part a n d t h e S t a t e of Queensland (hereinafter called " Queensland '') of t h e t h i r d part :
W h e r e a s t h e r e a r e differences between t h e gauges of t h e railway lines
on t h e m a i n l a n d of A u s t r a l i a :
A n d whereas in order to facilitate i n t e r s t a t e t r a d e a n d commerce
and to assist in t h e defence a n d t h e development of A u s t r a l i a it is
desirable to secure a uniform gauge of railway line t h r o u g h o u t
Australia :
A n d whereas a t a Conference of Ministers of t h e Crown which w a s
held in Melbourne in J u l y , 1920, and a t which t h e Commonwealth a n d
t h e S t a t e s of N e w South Wales, Victoria, Queensland, South A u s t r a l i a ,
a n d W e s t e r n A u s t r a l i a (hereinafter collectively called " t h e five
S t a t e s " ) were represented, it was resolved as f o l l o w s : —
" T h a t this Conference is of opinion t h a t two expends from
outside this c o u n t r y should be appointed, along with one
A u s t r a l i a n outside t h e railway services of t h e Commonwealth
a n d t h e States, to consider a n d r e p o r t upon t h e unification of t h e
gauges, t h e question as to what gauge it is desirable to adopt, and
the question of t h e cost of conversion.
" T h e C o m m o n w e a l t h and t h e P r e m i e r s of t h e S t a t e s agree t o
a p p o i n t a R a i l w a y Commission a n d affirm t h a t t h e Ministers for
R a i l w a y s of N e w South Wales, Victoria, and t h e C o m m o n w e a l t h
shall select t h e two m e m b e r s of t h e Commission who a r e to be
appointed from outside.
" T h e C o m m o n w e a l t h and t h e S t a t e s agree to abide by t h e
decision of this t r i b u n a l .
" T h e C o m m o n w e a l t h to bear one-fifth of t h e total cost, a n d
four-fifths to be borne by t h e five S t a t e s concerned on a per capita
basis."
A n d whereas H i s Excellency t h e Governor-General in Council by
L e t t e r s P a t e n t d a t e d 8 t h F e b r u a r y , 1921, appointed Commissioners t o
inquire into and report upon m a t t e r s a p p e r t a i n i n g to t h e unification
of t h e gauges of t h e railway systems of A u s t r a l i a notice of which
a p p o i n t m e n t appears in t h e C o m m o n w e a l t h of A u s t r a l i a G a z e t t e
N o . 14 d a t e d 11th F e b r u a r y , 1921.
A n d w h e r e a s t h e said Commissioners inquired into t h e subject and
presented a report d a t e d 22nd S e p t e m b e r , 1921 (printed in Common­
w e a l t h P a r l i a m e n t a r y P a p e r No. 141 of 1921), in which t h e y ( i n t e r
alia) made recommendations t o the following effect:—
(a) T h a t action be t a k e n to secure a gauge of 4 ft. 8 i in. (herein­
after called t h e " s t a n d a r d g a u g e " ) on a railway line from
B r i s b a n e to F r e m a n t l e ; a n d
(b)
( b ) T h a t all railway lines of 5-ft. 3-in. gauge now owned by the
said five S t a t e s be converted to t h e s t a n d a r d gauge ;
t h e cost of c a r r y i n g the said recommendations into effect being
estimated by t h e said Commissioners a t £ 2 1 , 6 0 0 , 0 0 0 .
A n d whereas t h e said Commissioners f u r t h e r estimated t h a t it would
cost £ 5 7 , 2 0 0 , 0 0 0 —
(a) to convert to t h e s t a n d a r d gauge all t h e railway lines of
5-ft. 3-in. gauge a n d 3-ft, 6-in. gauge now owned by t h e said
five S t a t e s ; a n d
(b) to m a k e realignments and deviations for t h e purpose of
providing a b e t t e r main line between
Brisbane and
Fremantle.
A n d whereas an agreement has n o t y e t been arrived a t b e t w e e n t h e
C o m m o n w e a l t h a n d the said five S t a t e s for t h e c a r r y i n g out of t h e
recommendations of t h e said Commissioners:
A n d whereas pending such a g r e e m e n t being arrived a t and with a
view to giving partial effect to the recommendations of the said Com­
missioners, t h e C o m m o n w e a l t h and N e w South W a l e s a n d Queensland
have agreed to e n t e r into this A g r e e m e n t :
N o w it is h e r e b y agreed as follows :—
I.
APPROVAL
AND E N F O R C E M E N T .
1. N o n e of t h e works contemplated by this Agreement shall be
commenced until this A g r e e m e n t has been approved by t h e P a r l i a m e n t s
of t h e C o m m o n w e a l t h a n d of N e w South W a l e s and Queensland b u t
action in p r e p a r a t i o n for such works may be commenced upon t h e
execution of t h i s A g r e e m e n t .
2. Each p a r t y hereto agrees to t a k e every practicable step t o have
this A g r e e m e n t approved ( w i t h o u t any restrictions or a m e n d m e n t s ) by
its P a r l i a m e n t as soon as possible.
3. E a c h p a r t y hereto, so far as its jurisdiction e x t e n d s and so far as
m a y be necessary, agrees to provide for or secure t h e execution a n d
enforcement of t h e provisions of this A g r e e m e n t a n d of any legislation
by which it is approved.
II.
THE
RAILWAY
COUNCIL.
4. (1) There shall be a Railway Council (hereinafter called ' ' t h e
Council ") for the purposes of this A g r e e m e n t .
(2) T h e Council shall consist of t h r e e members, namely, t h e
C o m m o n w e a l t h R a i l w a y s Commissioner, t h e Chief R a i l w a y Commis­
sioner for New South W a l e s , a n d t h e Commissioner for Railways,
Queensland.
(3) T h e Council shall elect a C h a i r m a n from a m o n g s t its
members.
(1) A m e m b e r of the- Council may a t any time appoint in w r i t i n g
a Deputy to act in bis absence.
(5) U p o n t h e a p p o i n t m e n t of a D e p u t y being filed with t h e
Council, t h e D e p u t y may in t h e absence of the member by whom he is
a p p o i n t e d exercise all t h e powers of t h a t member.
(6)
(C) Each meeting of the Council shall be convened by the
Chairman and be held at a time and place fixed by the Chairman.
(7) No matter shall be decided by the Council unless each member
of the Council is present (either personally or by his duly appointed
Deputy) at a duly convened meeting, and on any matter the decision
of the majority present at the meeting shall prevail.
(8) The Council shall keep proper minutes or records of the
proceedings of each of its meetings.
(9) The Council .shall furnish to each party hereto—
(a) quarterly reports giving in reasonable detail the progress
made with the works contemplated by this Agreement :
(b) annual reports giving in reasonable detail particulars of—
(i) the progress made with the works contemplated by
this Agreement ;
(ii) the expenditure actually incurred ; and
(iii) tiie works proposed to be carried out during the next
ensuing year :
(c) such other reports as may from
any party hereto.
time
to time be required by
(10) The Council shall —
(a) have the entire control of—
(i) all the works contemplated by this Agreement: and
(ii) the expenditure thereon ;
(b) determine the order in which and the terms and conditions
under which the works shall be carried out and the times at
which each portion of the works shall be commenced and
completed ;
(c) determine t h e portion o f t h e works to b e carried out by any
party hereto :
(d) authorise in manner prescribed by it any parly hereto to
can }' out any portion o f the works ;
-
(e) where works for the purposes of t h i s Agreement are carried
out concurrently with other works, determine t h e amount or
amounts to be regarded a< expenditure t o r the purposes of
this Agreement ;
( f ) take a l l practicable steps t o secure standardised methods and
types of construction, and in particular t o prescribe —
(i) standards of permanent way, bridges, and other
structures, standard structure gauge, grades, and
curvature of lines and axle l o a d s ;
(ii) standards and tvpes of rolling-stock for use on lines of
the standard gauge : and
(iii) any other standards which in the opinion o f the
Council should be prescribed ;
(g) have power to employ the stall' and labour necessary for the
completion of the works contemplated liv this Agreement
and tlx the terms and conditions of their employment :
(h)
( h ) have power, to t h e e x t e n t to which it may deem necessary
for t h e purpose of this A g r e e m e n t , to supervise a n d direct
t h e operations on the railways in N e w S o u t h W a l e s a n d
Queensland in process of construction, relaying a n d regrading u n d e r this A g r e e m e n t ;
(i) d e t e r m i n e w h a t a m o u n t s (if a n y ) shall be allowed to a n y
p a r t y hereto for railway lines, e q u i p m e n t , plant, and m a t e r i a l
rendered idle or useless or depreciated because of works u n d e r
this A g r e e m e n t ;
(j) h a v e power, for t h e purposes of t h i s A g r e e m e n t , to buy, sell,
or hire such material, plant, and e q u i p m e n t , as it t h i n k s fit ;
(k) keep a c c u r a t e and complete accounts of all money provided
by the C o m m o n w e a l t h and all money expended for t h e
purpose of c a r r y i n g out the works contemplated by this
A g r e e m e n t u n d e r such headings as it may d e t e r m i n e .
5. All accounts of t h e Council shall be subject t o a u d i t by the.
A u d i t o r - G e n e r a l of t h e C o m m o n w e a l t h and (if a n y o t h e r p a r t y h e r e t o
shall so desire) also by t h e A u d i t o r - G e n e r a l of t h a t p a r t y .
(i. An officer in t h e service of a p a r t y h e r e t o who becomes a member
of the staff of t h e Council—
(a) shall retain
officer;
all
his existing a n d accruing rights as such
(b) shall n o t be required to resign from t h e service of t h e p a r t y ,
b u t shall be g r a n t e d leave of absence from such service for
the period of his employment as a m e m b e r of such staff', a n d
the period of leave so g r a n t e d shall for all purposes be
included as p a r t of t h e officer's period of service with t h e
party.
III.
P A R T I C U L A R S AND COST OF
WORK.
7. (1) T h e works contemplated by this A g r e e m e n t are t h e following
works :—
(a) t h e construction of a railway of s t a n d a r d gauge between
Kyogle in N e w S o u t h W a l e s and S o u t h B r i s b a n e in Queens­
land along t h e r o u t e delineated on the plan a n n e x e d hereto
so as to connect Sydney in N e w S o u t h W a l e s a n d S o u t h
Brisbane in Queensland by means of a railway of s t a n d a r d
gauge ; and
(b) t h e regrading a n d relaying of t h e existing railway between
Grafton a n d Kyogle in New S o u t h W a l e s so as to bring t h a t
railway up to a s t a n d a r d approved by the Council.
8. W h e n this A g r e e m e n t is approved as provided in clause 1 hereof
t h e said works shall be proceeded with and completed.
9. (1) T h e cost of t h e said works shall in t h e first instance be from
time t o time provided by the C o m m o n w e a l t h out of moneys legally
available for t h a t purpose.
(2)
(2) Of t h e money provided by t h e C o m m o n w e a l t h as aforesaid—(a) four-fifths (hereinafter called t h e q u o t a of t h e States) shall be
deemed to be provided on behalf of t h e said five S t a t e s
collectively : and
(b) one-fifth shall be deemed to be provided on behalf of t h e
Commonwealth.
(3) N e w S o u t h W a l e s a n d Queensland shall in a m o u n t s and at
times a n d in m a n n e r hereinafter set forth reimburse to t h e Common­
wealth the a m o u n t s respectively a t t r i b u t a b l e to t h e m of t h e said quota
of t h e S t a t e s .
(4) F o r t h e purpose of d e t e r m i n i n g each a m o u n t payable to t h e
C o m m o n w e a l t h by N e w S o u t h W a l e s or by Queensland by way of
r e i m b u r s e m e n t or as interest or as sinking fund, t h e a m o u n t a t t r i ­
b u t a b l e to N e w South W a l e s or Queensland of t h e said q u o t a of t h e
S t a t e s shall be a p r o p o r t i o n a t e a m o u n t of t h e said q u o t a of the S t a t e s
equal to t h e proportion which t h e population of N e w S o u t h W a l e s or
of Queensland (as d e t e r m i n e d by t h e Commonwealth S t a t i s t i c i a n ) a t
t h e end of t h e calendar year n e x t preceding t h e d a t e upon which t h e
p a y m e n t is due bears to t h e total population (as d e t e r m i n e d by t h e
Commonwealth S t a t i s t i c i a n ) of t h e said five S t a t e s .
10. (1) New South W a l e s and Queensland shall on or before a d a t e
or dates in each year fixed for t h a t purpose by t h e T r e a s u r e r of t h e
C o m m o n w e a l t h pay to t h e C o m m o n w e a l t h i n t e r e s t on t h e a m o u n t s
respectively a t t r i b u t a b l e to t h e m of t h e said quota of t h e S t a t e s .
(2) T h e r a t e of interest payable to t h e C o m m o n w e a l t h on a n y
money provided by t h e C o m m o n w e a l t h u n d e r t h i s A g r e e m e n t o t h e r w i s e
t h a n from a loan shall be t h e nominal rate of i n t e r e s t payable by t h e
C o m m o n w e a l t h in respect of the t h e n last preceding loan raised by t h e
Commonwealth.
(3) T h e r a t e of interest payable to t h e C o m m o n w e a l t h on a n y
money provided by t h e C o m m o n w e a l t h u n d e r this A g r e e m e n t from a
loan shall be t h e r a t e of interest payable by t h e C o m m o n w e a l t h in
respect of such loan and t h e d a t e from which i n t e r e s t shall be payable
u n d e r this A g r e e m e n t on such money shall be t h e d a t e from which
i n t e r e s t is p a y a b l e by t h e C o m m o n w e a l t h in respect of such loan.
(4) A certificate by t h e Secretary t o t h e C o m m o n w e a l t h T r e a s u r y
s t a t i n g t h e r a t e of i n t e r e s t payable by t h e C o m m o n w e a l t h and t h e
d a t e from which interest is payable b y t h e C o m m o n w e a l t h in respect
of a loan a n d t h e place where t h e loan was raised shall be conclusive
as to t h e m a t t e r stated.
11. W h e r e any money is provided by t h e C o m m o n w e a l t h u n d e r t h i s
A g r e e m e n t from a loan all a m o u n t s payable b y N e w S o u t h W a l e s a n d
Queensland to t h e C o m m o n w e a l t h in respect of such money by way of
r e i m b u r s e m e n t or as i n t e r e s t shall be paid as follows :—
(a) if t h e loan was raised in L o n d o n - p a y m e n t to t h e Common­
wealth shall be m a d e in London ; and
(b) if t h e loan was raised in A u s t r a l i a — p a y m e n t to t h e Com­
m o n w e a l t h shall be made in A u s t r a l i a .
12.
12. (1) E a c h a m o u n t payable by N e w S o u t h W a l e s or Queensland
by way of r e i m b u r s e m e n t of money provided by t h e C o m m o n w e a l t h
u n d e r this A g r e e m e n t shall be paid to t h e C o m m o n w e a l t h as follows :—
(a) if t h e money is provided otherwise t h a n from a l o a n — o n t h e
d a t e fixed by t h e T r e a s u r e r s of t h e C o m m o n w e a l t h a n d t h e
S t a t e s of N e w S o u t h W a l e s a n d Queensland ; or
(b) if t h e money is provided from a loan n o t repayable b y t h e
Commonwealth within ten years after t h e d a t e upon which
t h e money is provided — a t t h e opening hour of business on
t h e d a t e on which t h a t loan is repayable by t h e Common
wealth ; or
(c) if t h e money is provided from a loan repayable by t h e
Commonwealth w i t h i n ten years after t h e d a t e upon which
t h e money is p r o v i d e d — a t t h e opening h o u r of business on
t h e d a t e on which the new loan is repayable by the
Commonwealth.
(2) I n this clause t h e expression " n e w l o a n " means a loan raised
by t h e Commonwealth to convert or renew t h e loan from which money
is provided, or if no such conversion or renewal loan is raised, t h e n
t h e public loan raised b y t h e C o m m o n w e a l t h n e x t after t h e d a t e upon
which t h e loan from which t h e money is provided is repayable.
(3) I n each case in which money is provided from a loan repay­
able w i t h i n t e n years after t h e d a t e upon which t h e money is provided
t h e r a t e of i n t e r e s t payable b y N e w South W a l e s and Queensland to
t h e C o m m o n w e a l t h on t h e money so provided s h a l l —
(a) until t h e d a t e from which interest is payable by t h e Common­
wealth in respect of t h e new loan be t h e r a t e of interest
d e t e r m i n e d u n d e r clause 10 hereof; a n d
(b) as from t h e date from which i n t e r e s t is payable by the Com­
m o n w e a l t h in respect of t h e new loan be t h e average a n n u a l
effective rate of i n t e r e s t payable by t h e C o m m o n w e a l t h in
respect of t h e new loan after m a k i n g allowance for all costs
and charges (including exchange) incurred by t h e Common­
w e a l t h in raising t h e new loan and all discounts on t h e
flotation of the new loan.
(4) A certificate by t h e Secretary of t h e T r e a s u r y s t a t i n g t h e
average a n n u a l effective r a t e of i n t e r e s t payable by t h e C o m m o n w e a l t h
in respect of a new loan a n d t h e d a t e from which such i n t e r e s t is
payable a n d t h e place where t h e new loan was raised, shall be con­
clusive as to t h e m a t t e r stated.
(5) A m o u n t s payable to t h e Commonwwealth by N e w S o u t h
W a l e s a n d Queensland by way of r e i m b u r s e m e n t or as i n t e r e s t in
respect of moneys provided as mentioned in subclause (3) of this clause
shall be paid as follows :—
(a) u n t i l t h e d a t e from which i n t e r e s t is payable by t h e Com­
m o n w e a l t h in respect of t h e new loan, p a y m e n t s of interest
to t h e Commonwealth shall be m a d e in L o n d o n or in A u s t r a l i a
(as t h e case m a y be) where t h e loan from which t h e money is
provided was raised ; a n d
(b)
(b) as from t h e d a t e from which i n t e r e s t is payable by t h e
C o m m o n w e a l t h in respect of t h e new loan, p a y m e n t s t o t h e
C o m m o n w e a l t h by way of r e i m b u r s e m e n t or as interest shall
be m a d e in London or in A u s t r a l i a (as t h e case may be) where
t h e new loan was raised.
(6) In addition t o t h e interest payable under this A g r e e m e n t
N e w South W a l e s a n d Queensland shall in each y e a r d u r i n g which
interest is payable, and on t h e same d a t e s upon which interest is
p a y a b l e , pay to t h e C o m m o n w e a l t h in A u s t r a l i a a sinking fund at the
r a t e of Ten shillings per a n n u m for each One H u n d r e d P o u n d s or
portion of One H u n d r e d P o u n d s of t h e a m o u n t s respectively a t t r i b u t ­
able to them of t h e aforesaid quota of t h e States of t h e money provided
by t h e Commonwealth until such a m o u n t s a r e reimbursed to the
Commonwealth.
(7) Each amount of sinking fund received by the Commonwealth
u n d e r this clause shall be paid into t h e National Debt S i n k i n g Fund
established u n d e r t h e N a t i o n a l D e b t S i n k i n g Fund Act, 1 9 2 3 , or a n y
a m e n d m e n t thereof, or to any sinking fund established by the Common­
wealth in lieu thereof, and will be deemed t o a c c u m u l a t e each year a t
t h e a v e r a g e effective rate of interest earned d u r i n g t h a t year by sinking
fund moneys.
(8) A certificate by t h e body or person for t h e time being
controlling t h e said sinking fund moneys, s t a t i n g t h e average effective
r a t e of i n t e r e s t e a r n e d d u r i n g a n y year by sinking fund moneys shall
be conclusive as to t h e m a t t e r s t a t e d .
(9) Upon the d a t e upon which any amount is payable by N e w
S o u t h W a l e s or (Queensland to t h e Commonwealth by way of reimburse­
m e n t of money provided by t h e Commonwealth u n d e r this A g r e e m e n t
t h e a m o u n t s respectively paid to the C o m m o n w e a l t h as sinking fund
by N e w South W a l e s a n d Queensland, and all accumulations thereof in
respect of t h e money so provided, shall be applied by t h e Common­
wealth in p a r t p a y m e n t by way of r e i m b u r s e m e n t of t h e a m o u n t
a t t r i b u t a b l e to New South W a l e s and Queensland respectively of t h e
aforesaid quota of the S t a t e s of t h e money so provided.
13. (1) F o r t h e purposes of this clause t h e revenue from and the
working expenses of t h e whole o r a n y portion of t h e said railway
between Grafton and South Brisbane which is opened for traffic shall
be calculated on t h e basis a n d in t h e m a n n e r d e t e r m i n e d by t h e R a i l w a y
Commissioners of A u s t r a l i a for calculating t h e revenue and working
expenses of s e p a r a t e sections of t h e railways of the said Commissioners,
a n d in force for t h e time being. If at any t i m e no such d e t e r m i n a t i o n
is in force t h e basis on and m a n n e r in which t h e revenue and working
expenses of t h e said railway or portion thereof shall be calculated
shall be d e t e r m i n e d by the C o m m o n w e a l t h R a i l w a y s Commissioner,
t h e Chief R a i l w a y Commissioner of N e w South Wales, a n d t h e
Commissioner for R a i l w a y s , Queensland, or a majority thereof.
(2) If in any financial year t h e revenue from t h e said railway
between Grafton and S o u t h B r i s b a n e or from any portion thereof
which is opened for traffic exceeds t h e working expenses of such
railway or portion, t h e excess shall be applied (so far as t h e same will
in each p a r t i c u l a r i n s t a n c e suffice) in p a y i n g to t h e C o m m o n w e a l t h t h e
interest
i n t e r e s t falling d u e a t or n e x t after t h e end of t h a t financial year on
t h e money provided by t h e C o m m o n w e a l t h u n d e r this A g r e e m e n t in
m a n n e r following—
(a) I n p a y i n g to t h e Commonwealth interest a t t h e r a t e s provided
for in t h i s A g r e e m e n t on the a m o u n t of the said q u o t a of t h e
S t a t e s after d e d u c t i n g therefrom t h e a m o u n t s a t t r i b u t a b l e to
N e w South W a l e s and Queensland of t h e said q u o t a of t h e
S t a t e s as d e t e r m i n e d in t h e m a n n e r specified in clause 9 (4)
of this A g r e e m e n t ;
(b) If any portion of such excess remains after p a y m e n t of t h e
i n t e r e s t mentioned in p a r a g r a p h (a) of this subclause in
p a y i n g to t h e Commonwealth t h e i n t e r e s t payable by N e w
South W a l e s and Queensland under this A g r e e m e n t
(c) If any portion of such excess r e m a i n s after p a y m e n t of t h e
i n t e r e s t mentioned in p a r a g r a p h s (a) and (b) of this subclause
in p a y i n g to t h e Commonwealth interest on t h e balance of
t h e money provided by the Commonwealth u n d e r this
Agreement ;
(d) I n paying to New South W a l e s and Queensland in proportions
m u t u a l l y d e t e r m i n e d by them the balance if any t h e n
r e m a i n i n g of such excess.
(3) If t h e a m o u n t r e m a i n i n g of a n y such excess in a n y financial
y e a r is n o t sufficient (after p a y m e n t of the i n t e r e s t mentioned in
p a r a g r a p h (a) of subclause (2) of this clause) to pay t h e whole of t h e
i n t e r e s t mentioned in p a r a g r a p h (b) of t h e said subclause such a m o u n t
r e m a i n i n g shall bo applied in p a r t p a y m e n t of t h e interest mentioned
in t h e said p a r a g r a p h (b) pro rata, to the a m o u n t s of i n t e r e s t payable
by N e w South W a l e s and Queensland respectively and t h e balance of
i n t e r e s t not so paid shall be paid by New South W a l e s and Queensland
in m a n n e r provided by clause 10 of this A g r e e m e n t .
(4) For t h e purposes of this clause N e w South W a l e s a n d
Queensland shall as early as practicable after the end of each financial
year furnish to the T r e a s u r e r of t h e C o m m o n w e a l t h a s t a t e m e n t
certified by t h e Auditor-General of each p a r t y hereto showing in detail
t h e revenue and working expenses of such railway or of a n y portion
thereof which is opened for traffic as the case may be.
(5) N e w South Wales and Queensland shall each afford to t h e
Auditor-General of t h e Commonwealth every facility for e x a m i n i n g and
checking t h e accounts k e p t in relation to t h e said railway or of a n y
portion thereof which is opened for traffic as t h e case may be.
14. If a n y a m o u n t payable by New S o u t h W a l e s or Queensland to
t h e Commonwealth ( w h e t h e r by way of reimbursement or as interest)
is n o t paid to t h e Commonwealth on or before t h e d a t e fixed for
payment—
(a) t h e Commonwealth may deduct t h a t a m o u n t or any p a r t
thereof from any moneys due by t h e Commonwealth to t h e
p a r t y which has failed to make p a y m e n t or may recover t h e
same or any part thereof by action in a n y C o u r t of c o m p e t e n t
jurisdiction ; and
(b)
(b) t h e p a r t y which has failed to m a k e p a y m e n t shall, until t h a t
a m o u n t is paid, deducted, or recovered as aforesaid, pay to t h e
C o m m o n w e a l t h i n t e r e s t on t h e sum unpaid a t t h e same r a t e
as t h a t payable on t h e money in respect of which t h e a m o u n t
is payable.
15. The total cost of t h e works c o n t e m p l a t e d by this A g r e e m e n t —
(a) shall include all expenses of the Council ;
(b) shall include all a m o u n t s paid as compensation or damages or
costs to a n y person or corporation in respect of or in connexion
w i t h t h e c a r r y i n g out of such works ;
(c) shall include e x p e n d i t u r e incurred by any p a r t y hereto in
keeping a n y accounts necessary for t h e purposes of this
Agreement ;
(d) shall include all costs and charges (including exchange)
incurred by t h e C o m m o n w e a l t h in borrowing a n d providing
moneys and all discounts o n flotation of loans, but shall not
include interest thereon.
16. (1) T h e Council shall on or before t h e thirty-first day of
December in each financial year give to t h e T r e a s u r e r of t h e Common­
w e a l t h notice of t h e e s t i m a t e d total a m o u n t of money required for t h e
works proposed to be carried out d u r i n g t h e n e x t financial year, and
also t h e a p p r o x i m a t e a m o u n t of such money which will be required
d u r i n g each q u a r t e r of t h e said n e x t financial year, a n d t h e T r e a s u r e r
of t h e C o m m o n w e a l t h shall n o t later t h a n t h r e e m o n t h s before t h e
commencement of t h e said n e x t financial year advise t h e Council as t o
t h e money t h a t will be made available d u r i n g t h e said n e x t financial
year.
(2) F o r t h w i t h after t h e said advice has been given b y t h e
T r e a s u r e r of t h e C o m m o n w e a l t h t h e Council shall inform t h e said
T r e a s u r e r in w r i t i n g of the a p p r o x i m a t e a m o u n t required d u r i n g each
q u a r t e r of t h e said n e x t financial year of t h e money t h a t will be m a d e
available as aforesaid.
(3) A t t h e end of each q u a r t e r of t h e said n e x t financial year
t h e Council shall inform t h e said T r e a s u r e r in w r i t i n g of t h e e s t i m a t e d
a m o u n t required d u r i n g each r e m a i n i n g m o n t h of t h e said n e x t
financial y e a r of t h e money t h a t will be m a d e available as aforesaid.
(1) T h e Council shall not, w i t h o u t t h e consent in w r i t i n g of t h e
T r e a s u r e r of t h e C o m m o n w e a l t h , e n t e r into a n y c o n t r a c t or incur a n y
obligation whereby it or t h e parties h e r e t o a r e c o m m i t t e d to t h e
p a y m e n t of moneys g r e a t e r t h a n t h e a m o u n t which t h e T r e a s u r e r of
t h e C o m m o n w e a l t h has notified t o t h e Council as being legally available
for t h e purposes of t h e Agreement in p u r s u a n c e of subclause (1) of this
clause.
IV.
GENERAL.
17. E a c h p a r t y h e r e t o agrees t h a t it a n d each a u t h o r i t y u n d e r i t
which c o n s t r u c t s or a d m i n i s t e r s railways or in which r a i l w a y s a r e
vested s h a l l —
(a) act as a g e n t of the Council for t h e purposes of t h i s
Agreement ;
(b)
(b) carry o u t t h e works c o n t e m p l a t e d by t h i s Agreement, in t h e
order a n d u n d e r t h e t e r m s a n d conditions a n d a t or d u r i n g t h e
times specified by t h e Council ;
(c) accept t h e decision of t h e Council in all m a t t e r s c o m m i t t e d to
it u n d e r this A g r e e m e n t ;
(d) give all necessary consents a n d do all t h i n g s w i t h i n its
powers to enable t h e works c o n t e m p l a t e d by t h i s A g r e e m e n t
to be carried o u t expeditiously a n d satisfactorily ;
(e) p e r m i t and facilitate w h e n e v e r necessary for t h e purposes of
this A g r e e m e n t e n t r y upon lands w i t h i n its possession or
control ;
(f) a c q u i r e a n y lands or t h e r i g h t to occupy t e m p o r a r i l y or per­
m a n e n t l y a n y lands in the opinion of t h e Council necessary
for t h e purposes of t h i s A g r e e m e n t ;
(g) keep t h e Council a t all times fully informed of all w o r k s
proposed by it in connexion with t h e construction or a l t e r a t i o n
or m a i n t e n a n c e or repair of railways which works are n o t
r e n d e r e d necessary b y b u t could be carried out c o n c u r r e n t l y
with t h e works c o n t e m p l a t e d by t h i s A g r e e m e n t ;
(h) indemnify the Council in respect of all acts done, or losses,
costs, or d a m a g e s incurred by it in t h e bona fide execution
of t h e powers vested in it by or u n d e r t h i s A g r e e m e n t .
18. N o n e of t h e works c o n t e m p l a t e d by t h i s A g r e e m e n t shall be
commenced by a n y p a r t y h e r e t o unless a n d u n t i l —
(a) t h e e s t i m a t e d cost thereof h a s been furnished to or obtained
by t h e Council ; a n d
(b) t h e Council h a s a u t h o r i s e d t h a t p a r t y to c a r r y o u t t h e work.
19. A s a n d w h e n t h e r a i l w a y b e t w e e n Grafton a n d S o u t h Brisbane
either as a whole or in s e p a r a t e sections is completed a n d ready to be
opened for traffic t h e Council shall certify t h a t fact a n d h a n d over t h e
completed railway or section to t h e p a r t y concerned.
I n witness whereof t h e P r i m e M i n i s t e r of t h e C o m m o n w e a l t h of
A u s t r a l i a a n d t h e P r e m i e r s of t h e S t a t e s of N e w S o u t h W a l e s a n d
Q u e e n s l a n d h a v e h e r e u n t o set t h e i r h a n d s t h e d a y a n d y e a r first above
mentioned.
Signed by t h e P r i m e M i n i s t e r
of t h e C o m m o n w e a l t h of
A u s t r a l i a in t h e presence of—
S. M.
BRUCE.
EDWD. SIMMS.
Signed b y t h e P r e m i e r of t h e
S t a t e of N e w S o u t h W a l e s
in t h e presence of—
R.
T.
FULLER.
BALL.
Signed by t h e P r e m i e r of t h e
S t a t e of Queensland in the
presence of—
J.
GEORGE W.
LARCOMBK.
EDWARD
0.
THEODORE.