Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS AMENDMENT ACT 1977 No. 38 of 1977 - SECT 9

9. Section 46 of the Principal Act is amended by adding after sub-section (4)
the following sub-sections:-

''(5) The terms and conditions of service or employment that may be determined
under sub-section (2) include terms and conditions specifying-

   (a)  the grounds upon which employees, or employees included in a specified
        class of employees, may be charged with misconduct;

   (b)  the manner in which charges of misconduct may be dealt with; and

   (c)  the kinds of action that may be taken in respect of employees against
        whom charges of misconduct are established.

''(6) A certificate signed by the General Manager or by a person acting as the
General Manager that states that-

   (a)  a specified document is a true copy of a determination that was made
        by the Commission under sub-section (2);

   (b)  the terms and conditions of service or employment contained in a
        specified determination were determined by the Commission with the
        approval of the Public Service Board;

   (c)  the salary of a position referred to in a specified determination was
        determined by the Commission with the approval of the Minister; or

   (d)  a determination is in force or was in force during a period specified
        in the certificate, shall, in any proceedings before a court, be prima
        facie evidence of the matters stated in the certificate.

''(7) A document purporting to be a certificate of the kind referred to in
sub-section (6) shall, unless the contrary is established, be deemed to be
such a certificate and to have been duly given.''.