Commonwealth Numbered Acts

RAILWAYS (SOUTH AUSTRALIA) ACT 1975 No. 69, 1975 - THE SCHEDULE

THE SCHEDULE
Section 3

AN AGREEMENT made the twenty-first day of May One thousand nine hundred and
seventy five between THE COMMONWEALTH OF AUSTRALIA (in this agreement called
''Australia'') of the one part and THE STATE OF SOUTH AUSTRALIA (in this
agreement called ''the State'') of the other part.

WHEREAS:-

   (a)  Provision is made by paragraphs (xxxiii) and (xxxiv) of section 51 of
        the Commonwealth of Australia Constitution for the Parliament of
        Australia to make laws with respect to the acquisition, with the
        consent of a State, of any railways of the State on terms arranged
        between Australia and the State and for railway construction and
        extension in any State with the consent of that State.

   (b)  The railways of the State both metropolitan and non-metropolitan are
        vested in, and are operated by, the South Australian Railways
        Commissioner pursuant to the South Australian Railways Commissioner's
        Act 1936 as amended, subject to control and direction by the State
        Transport Authority pursuant to the State Transport Authority Act
        1974.

   (c)  Australia and the State desire-

        (i)    that pursuant to paragraph (xxxiii) of section 51 of the
               Constitution the non-metropolitan railways shall be acquired on
               the first day of July 1975 by Australia, with the consent of
               the State, on the terms contained in this agreement to the
               intent that on that date the non-metropolitan railways shall be
               vested in the Australian National Railways Commission;

        (ii)   that the State Transport Authority and the South Australian
               Railways Commissioner shall administer, maintain and operate
               the non-metropolitan railways in accordance with the provisions
               of this agreement until a date to be declared; and

        (iii)  that the Australian National Railways Commission shall assume
               full administration maintenance and control of the
               non-metropolitan railways on the declared date.

NOW IT IS HEREBY AGREED as follows:-

PART I-PRELIMINARY Interpretation
1. (1) In this agreement, unless the contrary intention appears-

''arbitration'' means arbitration pursuant to clause 23;

''Australian National Railways'' means the railways of the Commission;

''clause'' means a clause of this agreement;

''commencement date'' means the first day of July 1975;

''declared date'' means the date to be declared as provided in clause 14;

''interim period'' means the period beginning on the commencement date and
ending on the day immediately preceding the declared date;

''interest'', in relation to land, means-

   (a)  a legal or equitable estate or interest in the land; or

   (b)  a right, power or privilege over, or in connection with, the land;

''land'' includes an interest in land;

''metropolitan area'' means the area of the State delineated by the
Commonwealth statistician for the purposes of a census taken in the year 1971
as the Adelaide Statistical Division together with, or subject to, any
extensions or deductions of that area from time to time agreed by the parties;

''non-metropolitan area'' means all areas of the State other than the
metropolitan area;

''metropolitan railways'' means the railways of the S.A.R. Commissioner, the
lines of which railways are referred to in the First Schedule, but does not
include the railways, the land of which railways is referred to in clause 5;

''non-metropolitan railways'' means all railways of the S.A.R. Commissioner
other than the metropolitan railways and includes the railways, the land of
which railways is referred to in clause 5;

''party'' means a party to this agreement and ''the parties'' means the two
parties to this agreement;

''railways'' includes all land, railway lines, bridges, culverts, wharves,
buildings, structures, roads, depot and barrack facilities for employees,
facilities for storage, servicing and maintenance of rolling stock,
signalling, road protection and communication facilities, cranes,
weighbridges, locomotives, wagons, carriages, and other rolling stock and
vehicles, including road and shunting vehicles, machinery, plant, equipment,
tools, and other works, matters and things used, associated, or connected with
or appurtenant to the railway system vested in the S.A.R. Commissioner;

''schedule'' means a schedule to this agreement;

''services'' means services, including freight and passenger road services,
that are principally or mainly incidental or supplementary to, or are
principally or mainly operated in association with, the non-metropolitan
railways;

''the Australian Minister'' means the Minister who has for the time being the
administration of the Australian Railways Act;

''the Australian Railways Act'' means the Australian National Railways Act
1917-1975;

''the Australian Superannuation Fund'' means the fund established under the
Superannuation Act 1922 as amended or any fund established by any Act
substituted for that Act;

''the Commission'' means the Australian National Railways Commission, being
the body corporate established by the Australian Railways Act;

''the S.A.R. Commissioner'' means the South Australian Railways Commissioner,
being the body corporate constituted by the S.A. Railways Act;

''the S.A. Railways Act'' means the South Australian Railways Commissioner's
Act 1936 as amended;

''the State Authorities'' means the Transport Authority and the S.A.R.
Commissioner;

''the State Minister'' means the Minister who has for the time being the
administration of the S.A. Railways Act and the State Transport Authority Act
1974 as amended;

''the State Superannuation Fund'' means the South Australian Superannuation
Fund continued in existence under the Superannuation Act 1974 as amended of
the State;

''the Transport Authority'' means the State Transport Authority, being the
body corporate constituted by the State Transport Authority Act 1974 as
amended.

(2) Where in this agreement a Minister is referred to, the reference shall be
deemed to include any other Minister of the Australian Government or of the
State Government, as the case may be, who is for the time being acting for or
on behalf of the relevant Minister.

(3) Where in this agreement an Act, or an Act as amended, is referred to, the
reference shall mean that Act as amended from time to time, and any Act
substituted for that Act and, where appropriate or necessary, shall include
all regulations, by-laws and proclamations from time to time made under the
Act or the substituted Act, as the case may be.

(4) Headings and marginal notes in this agreement shall not affect its
meaning. Approving and implementing legislation and consents
2. (1) This agreement, other than this clause, shall have no force or effect
until the Prime Minister of Australia and the Premier of the State have
jointly certified that the Parliament of Australia and the Parliament of the
State have enacted such legislation as is necessary to enable this agreement
to enter into force, whether or not that legislation has come into operation.

(2) The parties will take all practicable steps to seek the enactment, as soon
as possible, of legislation as follows:

   (a)  legislation by the Parliament of Australia and the Parliament of the
        State to approve this agreement and to make such provision as shall be
        necessary or appropriate on the parts of those Parliaments
        respectively for the implementation of this agreement including
        legislation-

        (i)    vesting in the Commission on the commencement date the land
               (other than land not within the State) and other property, to
               which the Australian Commission is entitled under this
               agreement;

        (ii)   authorising and requiring Australia, the State and their
               respective Authorities and Instrumentalities to perform and
               observe the provisions of this agreement on their part to be
               performed and observed;

        (iii)  providing to the effect that a joint certificate given by the
               Australian Minister and the State Minister, or their respective
               delegates, that the right, title and interest of the State or
               the State Authorities in the land referred to in the
               certificate vested in the Commission under legislation enacted
               pursuant to this agreement is conclusive evidence that such
               right, title and interest so vested;

        (iv)   providing to the effect that a joint certificate given by the
               Australian Minister and the State Minister, or their respective
               delegates, in relation to any matters not referred to in
               sub-paragraph (iii) arising under the legislation or this
               agreement is admissible in evidence in any action or
               proceeding, and shall be prima facie evidence of the matters
               stated in the certificate for the purposes of such action or
               proceeding; and

        (iv)   authorising the making of regulations or by-laws that are
               necessary or convenient for carrying out or giving effect to
               this agreement and to the legislation for the implementation of
               this agreement;

   (b)  legislation by the Parliament of the State to the effect that the laws
        of the State that, but for this agreement, would have applied at any
        time during the interim period to and in relation to the
        administration, maintenance and operation of the
        non-metropolitan railways or services have the effect, and shall be
        deemed to be expressed to have the effect, in relation to the
        administration, maintenance and operation, of those railways or
        services that they would have if this agreement had not been made;

   (c)  legislation by the Parliament of Australia to the effect that-

        (i)    to the extent that the laws of the State referred to in
               paragraph (b) of this sub-clause as purporting to have the
               effect referred to in that paragraph by virtue of legislation
               of the State enacted in accordance with that paragraph, cannot,
               by reason of section 52 of the Constitution, have that effect
               as laws of the State, the provisions of those laws shall have
               that effect by virtue of, and in accordance with, the
               Commonwealth Places (Application of Laws) Act 1970 as amended
               of the Parliament of Australia;

        (ii)   it is the intention of the Parliament of Australia that nothing
               contained in a law of Australia shall prevent any law of
               the State from having effect, as a law of the State, as
               referred to in paragraph (b) of this sub-clause; and

        (iii)  paragraph (a) of sub-section (2) of section 4 of the
               Commonwealth Places (Application of Laws) Act 1970 as amended
               does not apply in relation to the application of laws of
               the State in accordance with sub-paragraph (i) of this
               paragraph.

   (d)  legislation by the Parliament of the State discharging the State
        Authorities on and after the declared date from all liabilities and
        obligations incurred in connection with the administration,
        maintenance and operation of the non-metropolitan railways before the
        declared date to the extent that those liabilities and obligations
        have not been discharged before that date;

   (e)  legislation by the Parliament of Australia making the Commission
        subject on and after the declared date to all the liabilities and
        obligations to which paragraph (d) of this sub-clause relates, and
        requiring the substitution of the Commission for the State or
        the State Authorities, or any of them, in any action or proceeding
        pending at the declared date in respect of such liabilities or
        obligations;

   (f)  legislation by the Parliament of Australia and the Parliament of the
        State under which an action or proceeding in respect of land or other
        property that vests in the Australian Commission pursuant to this
        agreement shall be instituted or continued during the interim period
        by or against the State or the State Authorities as if that land or
        other property had not so vested, and that on and from the
        declared date any such action or proceeding that is not completed
        shall be continued by or against the Australian Commission;

   (g)  legislation by the Parliament of the State giving the Commission a
        general power to administer, maintain and operate in the State
        railways constructed by Australia or the Commission with the consent
        of the State or acquired by Australia or the Commission and any
        services that are incidental, or supplementary to, or are operated in
        association with, such railways;

   (h)  legislation by the Parliament of the State giving a general consent to
        the construction of railways by Australia or the Commission both in
        the non-metropolitan area and in the metropolitan area but, in the
        case of the metropolitan area, only to the extent that those railways
        are constructed-

        (i)    in the areas described in the Second Schedule; or

        (ii)   as sidings or crossing loops connected to a non-metropolitan
               railway; and

   (j)  legislation by the Parliament of the State referring to the Parliament
        of Australia the matter of the administration, maintenance and
        operation in the State of the railways and services vested in
        the Commission pursuant to this agreement, of any railways constructed
        or extended by Australia or the Commission in the State with the
        consent of the State and of any services principally or mainly
        incidental or supplementary to, or principally or mainly associated
        with, those last mentioned railways.

(3) The parties will take all practicable steps to obtain any necessary
consents of the States of New South Wales and Victoria to enable this
agreement to be implemented. Urban railways
3. Nothing in this agreement shall prevent the construction, extension,
administration, maintenance and operation by the State or a State Authority of
a passenger railway system within an urban area outside the metropolitan area.
Compliance with agreement
4. Each party, so far as its power extends, will provide for and secure
compliance with this agreement in accordance with the legislation by which it
is approved and is to be implemented. PART II-TRANSFER AND INTERIM
ADMINISTRATION, MAINTENANCE AND OPERATION OF
NON-METROPOLITAN RAILWAYS Assets and liabilities
5. (1) In consideration of the financial arrangements between the parties
contained in this agreement-

   (a)  the Commission shall on the commencement date be entitled to the
        right, title and interest of the State Authorities and the Crown in
        right of the State in-

        (i)    all land used exclusively for the purposes of the
               non-metropolitan railways and services;

        (ii)   the land described in the Second Schedule, whether or not such
               land is used exclusively for the purposes of the
               non-metropolitan railways; and

        (iii)  all minerals in the land referred to in sub-paragraphs (i) and
               (ii) of this paragraph insofar as the minerals are part of land
               of the Crown in right of the State or part of land vested in
               the State Authorities for an estate in fee simple,

and in every case referred to in sub-paragraphs (i), (ii) and (iii) of this
paragraph without any limitations as to depth;

        (iv)   the land in the State of New South Wales referred to in the
               Third Schedule, subject to the reservations and limitations
               specified in the Certificates of Title to that land; and

        (v)    the leasehold land in the State of Victoria referred to in the
               Fourth Schedule;

   (b)  the Commission shall, on the commencement date, be entitled to the
        right, title and interest of the S.A.R. Commissioner in-

        (i)    all rolling stock, vehicles, plant, machinery and general
               equipment used exclusively for the purposes of the
               non-metropolitan railways and services; and

        (ii)   in the case of any items used partly for the purpose of
               non-metropolitan railways and services, such of those items as
               shall be apportioned on an equitable basis by agreement between
               the parties;

   (c)  on the commencement date-

        (i)    the current assets, being all other property, rights and
               interest (whether contractual or non-contractual), including
               cash in hand or in bank, and the current liabilities in respect
               of the metropolitan and non-metropolitan railways and services
               as will be recorded in the balance sheet relating to those
               railways as at the thirtieth day of June 1975 (compiled in a
               manner similar to the balance sheet for the financial year
               ended on the thirtieth day of June 1974) will be apportioned
               between those railways on an equitable basis to be agreed
               between the Treasurer of Australia and the Treasurer of
               the State;

        (ii)   the Commission shall be entitled to such of those current
               assets as are apportioned in respect of the
               non-metropolitan railways and services, and will accept
               responsibility for such of those current liabilities as are
               apportioned in respect of those railways and services; and

        (iii)  if there are any contractual or non-contractual rights and
               interests, and things in action, not included in the balance
               sheet referred to in sub-paragraph (i) of this paragraph
               the Commission shall be entitled to such of those rights,
               interests and things in action as relate solely to the
               non-metropolitan railways and services, and such of those
               rights, interests and things in action as relate to both the
               metropolitan railways and the non-metropolitan railways shall
               be apportioned on an equitable basis to be agreed between the
               Treasurer of Australia and the Treasurer of the State, and
               the Commission shall be entitled to such of those rights,
               interests and things in action as are apportioned to the
               non-metropolitan railways and services.

(2) If land is owned by the Crown in right of the State or by either of the
State Authorities and is used or held for use for both the metropolitan
railways and the non-metropolitan railways, the State Authorities will permit
the Commission to use and enjoy such land on reasonable terms and conditions
(but not to the extent that the land becomes a place acquired by Australia for
public purposes) and failing agreement the matter shall be determined by
arbitration. Interim administration, maintenance and operation of railways
6. The State Authorities will, during the interim period, so far as they
lawfully may, by virtue of the legislation to be enacted pursuant to this
agreement continue to administer, maintain and operate the non-metropolitan
railways and services, but in so doing will comply with any directions of the
Commission. Standards of operation
7. The non-metropolitan railways shall be operated, on and after the
commencement date, in accordance with standards in all respects at least equal
to those obtaining at the date of this agreement, and the Commission will
pursue a program of improvements which it considers to be economically
desirable to ensure standards of service and facilities at least equivalent,
in general, to those at any time current in respect of the remainder of the
Australian National Railways and the railways of States other than South
Australia. Rates and charges
8. (1) The Commission will ensure that, in general, fares, freight rates and
other charges in respect of the non-metropolitan railways and services shall
be maintained, on and after the commencement date, at levels not less
favourable to users than those levels generally applying on the railways of
States other than South Australia and where, in general, fares, freight rates
and other charges at the commencement date have established a relative
advantage to the users, that advantage shall not be diminished.

(2) Passenger concessions that exist in respect of the non-metropolitan
railways at the date of this agreement shall continue after the declared date
so far as they lawfully may do so.

(3) The State will reimburse the Commission the reasonable cost to the
Commission as agreed between the parties, of the passenger concessions
continued pursuant to sub-clause (2).

(4) Failing agreement on any matter to which this clause relates it shall be
determined by arbitration. Line closures and reductions in services
9. (1) The Australian Minister will obtain the prior agreement of the State
Minister to-

   (a)  any proposal for the closure of a railway line of the non-metropolitan
        railways; or

   (b)  the reduction in the level of effectively demanded services on the
        non-metropolitan railways, and failing agreement on any of these
        matters the dispute shall be determined by arbitration.

(2) The arbitrator shall, in addition to the factors referred to in sub-clause
(2) of clause 23, take into account the level of public demand and the need
for the railway line and services referred to in sub-clause (1) of this
clause. State representation on the Commission
10. (1) The State shall be entitled to nominate a representative from time to
time as a part-time Commissioner of the Commission during two consecutive
terms each of five years as from the commencement date.

(2) The Australian Minister will ensure that a person who is nominated by
the State for the purposes of sub-clause (1) and is acceptable to the
Australian Minister is appointed as a part-time Commissioner of the Commission
in accordance with the provisions of the Australian Railways Act. Additional
provisions regarding land and minerals
11. (1) The State or the S.A.R. Commissioner or the Transport Authority, as
appropriate, will, as soon as practicable after the commencement date, execute
a transfer or assignment to the Commission of the land to which the Commission
shall be entitled under this agreement and which is not within the State, and
will take all necessary action to procure any necessary registration of the
transfer or assignment.

(2) The State will grant to Australia or the Commission, free of charge, an
estate in fee simple, without reservation of minerals and unlimited as to
depth, in any Crown lands that are certified by the Australian Minister or his
delegate to be required for or in connection with the construction, extension,
administration, maintenance or operation of any new or existing railways of
the Commission, including any leased lands of the Crown which have become
Crown lands by virtue of-

   (a)  the surrender by the lessees of their estates in the land to the
        Crown; or

   (b)  the surrender of those estates to the Crown after they have been
        acquired by Australia or the Commission, and if there is a dispute as
        to whether the quantity of land so certified is reasonable the matter
        shall be determined by arbitration.

(3) The State will also grant to Australia or the Commission, free of charge,
any stone, soil, and gravel in or on any Crown lands or lands leased by the
Crown from which the State has a right to take the same, that are certified by
the Australian Minister or his delegate to be required for or in connection
with the construction, extension, maintenance or operation of any new or
existing railways of Australia or the Commission in the non-metropolitan area.
(4) For the purposes of this clause ''Crown lands'' has the same meaning as in
the Crown Lands Act 1929 as amended of the State.

(5) The Commission will arrange for such surveys as they consider necessary in
respect of land comprised in the non-metropolitan railways, and the State
Authorities will give reasonable assistance to the Commission in the carrying
out of the surveys.

(6) The Commission will not use the land and minerals within the State to be
vested in the Commission pursuant to this agreement for other than railways
purposes without the approval of the State Minister.

(7) The State Authorities will give to the Commission the right of first
refusal in respect of a grant or transfer of any other land vested in the
State or the State Authorities for the purposes of the non-metropolitan
railways and services, and not currently used for railways purposes on the
same terms and conditions as those on which it was acquired by the State or a
State Authority or Instrumentality whichever was the earlier acquisition.

(8) The Commission will transfer to the State free of charge land within the
State which is vested in the Commission pursuant to this agreement and is no
longer required for railways purposes. Reciprocal transit rights
12. The Commission and the State Authorities shall have the right to run their
rolling stock over the railways of each other subject to reasonable terms and
conditions, to be agreed between them, including a term or condition relating
to apportionment of costs, and failing agreement the matter shall be
determined by arbitration. Services associated with non-metropolitan railways.
13. (1) The land and other property, rights and interests (whether contractual
or non-contractual), and things in action, to which the Commission shall be
entitled under this agreement on the commencement date, and the liabilities to
which the Commission shall become subject pursuant to this agreement and the
legislation to be enacted in accordance with this agreement, shall include the
land and other property, rights and interests (whether contractual or
non-contractual) and things in action, and liabilities, as the case may be, of
the State Authorities in or in relation to the services in respect of the
non-metropolitan railways.

(2) Nothing in this clause shall operate to restrict the introduction of new
freight or passenger road services or the extension of those freight or
passenger road services which exist on the commencement date by Australia, the
Commission, the State or the State Authorities.

(3) The Commission will, as a matter of policy, act in conformity with the
relevant State legislation affecting the operation of the passenger road
services, except where there is a conflict between the law of Australia and
the law of the State, in which case the provisions of the law of Australia
shall prevail.

(4) If in addition to the passenger road services Australia or the Commission
require a new passenger road service for which the approval of the
Transport Authority of the State would be required by any person proposing to
operate a similar service, then Australia or the Commission will apply to the
Transport Authority for approval to operate the service, and if any such
application is refused the matter may be referred by Australia or the
Commission for determination by arbitration.

(5) Australia or the Commission shall not be liable to pay any fees, taxes or
other charges in respect of the application or approval referred to in
sub-clause (4) or in connection with the operation of the road services
referred to in this clause.

PART III-EMPLOYMENT Declared date
14. (1) The Australian Minister and the State Minister will, as soon as
practicable after the commencement date, by notice in writing in the
Australian Government Gazette declare a date to be the declared date.

(2) If either the Australian Minister or the State Minister so requests, the
Ministers will forthwith consult together for the purposes of agreeing upon
the earliest practicable date that may be declared under sub-clause (1).

(3) If the Australian Minister and the State Minister are not able to agree in
consultations in accordance with sub-clause (2) upon a date to be the
declared date, the date shall be determined by arbitration. Transfer of staff
15. On the declared date the Commission will appoint as officers, or engage as
employees, all persons employed on the South Australian Railways immediately
before that date who consent to be so appointed or engaged. Work on
metropolitan railways
16. On and after the declared date the Commission will, so far as is
practicable, make available to the State Authorities, on such terms and
conditions as are agreed between them, the services of such numbers of
employees of the Commission (as from time to time agreed between the
Australian Minister and the State Minister) as are, consistent with any rule,
practice, award or industrial agreement, applicable or relating to the
Commission, required, for the administration, maintenance and operation of the
metropolitan railways. Level of employment
17. The Australian Minister will obtain the prior agreement of the State
Minister to the implementation of any proposals for reducing, by reason of
redundancy, the general level of employment at railway workshops to be vested
in the Commission pursuant to this agreement, and failing agreement the matter
shall be determined by arbitration.

PART IV-FINANCIAL ARRANGEMENTS Payment
18. Australia will pay to the State the sum of Ten million dollars
($10,000,000) before the commencement date subject to this agreement coming
into force. Debts and liabilities
19. On the commencement date-

   (a)  the debt specified in the Sixth Schedule shall be taken over from the
        State by Australia to the intent and effect that-

        (i)    on and from that date the State shall be completely freed and
               discharged from all liability, whether in respect of principal,
               interest, sinking fund contribution or otherwise, which
               liability shall, as between Australia and the State and for all
               other purposes, be assumed by Australia; and

        (ii)   this provision shall not affect the obligations of the State in
               relation to the payment of sinking fund contributions in the
               year ending on the thirtieth day of June 1976 under the
               Financial Agreement between Australia and the States; and

   (b)  the State shall be completely freed and discharged from all liability
        in respect of payments of interest and repayments falling due after
        the commencement date in respect of loans for
        non-metropolitan railways and works made under the agreements in the
        Schedule of each of the following Acts:

Railway Standardisation (South Australia) Agreement Act 1949;

Railway Equipment Agreement (South Australia) Act 1961; and

Railway Agreement (New South Wales and South Australia) Act 1968. Revenue and
costs of operation of railways
20. Subject to the provisions of this clause, during the interim period-

   (a)  the State shall be entitled to receive the revenue from the operation
        of the nonmetropolitan railways and services and will bear the costs
        of the administration, maintenance and operation of those railways and
        services, excluding from those costs the charges relating to the debt
        in respect of which the State will be freed and dis- charged pursuant
        to clause 19;

   (b)  the Commission shall be entitled to receive any surplus of revenue
        over the costs ascertained in accordance with paragraph (a) of this
        clause and shall bear any excess of those costs over revenue;

   (c)  for the purposes of determining costs of the administration,
        maintenance, and operation of both the metropolitan railways and the
        non-metropolitan railways and services, costs common to both railways
        and services shall be apportioned on a basis to be agreed between the
        Treasurer of Australia and the Treasurer of the State;

   (d)  any revenue common to the operation of both such railways shall be
        apportioned on a basis to be agreed between those Treasurers; and

   (e)  payments made by the State Authorities in respect of long service
        leave, sick leave, workmen's compensation and employer contributions
        towards superannuation shall continue to be charged as current
        expenditure and shall be taken into account for the purpose of
        ascertaining the costs of administration, maintenance and operation of
        the non-metropolitan railways and services. Transfer of investments to
        Australian Superannuation Fund etc.
21. The State will, in respect of contributions made by employees to the South
Australian Superannuation Fund to be transferred to the Commission pursuant to
this agreement, transfer appropriate investments to the Australian
Superannuation Fund to be agreed between the parties, the Superannuation Board
of Australia, or any substituted body, and the Superannuation Board of the
State in accordance with the following principles-

   (a)  The investments transferred shall be related to an equitable division
        of the total investments of the State Superannuation Fund; and

   (b)  the object of the transfer will be to disadvantage neither the State
        employees to be transferred, nor the contributors to the Australian
        Superannuation Fund or the State Fund. Accounts information etc.
22. (1) The State Authorities will, during the interim period, keep such
financial and other records regarding the administration, maintenance and
operation of both the metropolitan railways and the non-metropolitan railways,
and have carried out by the State Auditor-General such audits as Australia
shall reasonably require.

(2) The State Authorities will, both during and after the interim period,
permit access by Australia or the Commission to or give or deliver to
Australia or the Commission, as the case may be, such financial and other
reports, estimates, accounts and other records, documents and information
regarding-

   (a)  the administration, maintenance and operation of non-metropolitan
        railways and services; and

   (b)  the administration, maintenance and operation of the metropolitan
        railways where the subject matter is relevant to the non-metropolitan
        railways, when and in such manner as Australia or the Commission shall
        reasonably require.

(3) The Commission will, both during and after the interim period permit
access by the State or the State Authorities to, or give or deliver to the
State, or the State Authorities, as the case may be, such financial and other
reports, estimates, accounts and other records, documents and information
regarding the administration, maintenance and operation of the
non-metropolitan railways where the subject matter is relevant to the
metropolitan railways when and in such manner as the State or the State
Authorities shall reasonably require.

PART V-MISCELLANEOUS

23. (1) Where a reference to arbitration is provided for in this agreement the
matter under reference shall be determined, as soon as practicable, by an
independent arbitrator acceptable to Australia and the State.

(2) The arbitrator shall in his deliberations take into account, amongst other
things, economic, social and community factors.

(3) The arbitrator shall not perform his functions as an arbitrator under any
law relating to arbitration but shall act as an independent expert or
adjudicator.

--------

FIRST SCHEDULE-METROPOLITAN RAILWAYS
Clause 1 1. The double track line from Adelaide passenger station to Outer
Harbour.
Single track branch lines from Woodville to Grange, from Woodville to
Finsbury, from Albert Part to Hendon and from Glanville to Semaphore. 2.
Double track line from Adelaide passenger station to Brighton, Marino and
Christie Downs.
Single track branch line from Tonsley Junction to Tonsley. 3. Double track
line from Adelaide passenger station to Belair. 4. Double track line from
Adelaide passenger station to Gawler.
Single track branch line from Gawler to North Gawler.
Double track branch line from Salisbury to Penfield branch.
Single track branch line from Salisbury North to General Motors Holden at
Elizabeth.
Single track branch line from Dry Creek to Northfield.
Single track branch line from Dry Creek to Port Adelaide Dock Station.

--------

SECOND SCHEDULE-PARTICULAR LAND TO VEST
IN THE COMMISSION
Clause 5

Mile End Freight Terminal

All that land known as Mile End Goods Yard contained within the following
area: Commencing on the eastern boundary of Railway Terrace at its
intersection with the northern boundary of West Beach Road thence northerly
along the eastern boundary of Railway Terrace to its intersection with the
northern boundary of Hilton Road thence westerly along the northern boundary
of Hilton Road to its intersection with the south eastern boundary of Railway
Terrace thence north easterly along the south eastern boundary of Railway
Terrace to its intersection with the southern boundary of Glover Road thence
easterly along the southern boundary of Glover Road to a point three metres
west of the centre of the track known as the 'up south suburban' and
continuing to a point one metre north of the northern edge of the passenger
platform at Mile End Station thence by lines generally westerly, southerly and
easterly distant one metre north, west and south respectively of the edge of
the platform to a point three metres west of the centre of the aforesaid 'up
south suburban' track and then southerly along a line three metres to the west
of the 'up south suburban' track until a point is reached where the adjacent
track in the goods yard is closer than six metres between the centre of that
track and the centre of the 'up south suburban' track and from which point the
boundary shall be exactly central between the two tracks until a point south
of Hilton Road where the goods track will deviate more than six metres between
the centre of that track and the centre of the 'up south suburban' track and
from which point the boundary shall be three metres west of the centre of the
aforesaid 'up south suburban' track continuing to the northern edge of the
passenger platform at Keswick Passenger Station and then continuing along the
northern and western edges of the platform to a point on the northern boundary
of the Anzac Highway thence generally westerly along the northern boundaries
of Anzac Highway and West Beach Road to the point of commencement.

Islington Workshops

All that land known as the Islington Workshops being those portions of
Sections 379, 380, 381 and 382 Hundred of Yatala bounded by a line commencing
at the intersection of the western boundary of Churchill Road and the northern
boundary of Regency Road to its intersection with the production of the
western fence alignment of Islington Workshops thence northerly by the said
production of the western fence alignment of the aforesaid fence and thence
northerly along the said fence to the southern fence line of the cottages
facing Carroll Avenue thence easterly along that southern fence to the
intersection of that fence line with the western fence line of the cottages
facing Churchill Road thence southerly along that fence line to its southern
extremity thence easterly along the southern fence line of the southern most
cottage to its intersection with the western boundary of Churchill Road thence
southerly along the western boundary of Churchill Road to the point of
commencement.

Islington Goods Yard

All that land known as the Islington Goods Yard bounded by a line commencing
at the intersection of the western boundary of Churchill Road and the southern
boundary of Regency Road and thence southerly along the western boundary of
Churchill Road to the southern boundary of Section 776 Hundred of Yatala
thence westerly along the said boundary to a point equidistant from the centre
of the 'up main north line' and the centre of the most westerly siding of the
Islington Goods Yard thence northerly along a line equidistant from the said
two lines until the distance between the centres of the said lines is six
metres and the lines are diverging. From this point thence by a line northerly
to a point on the southern boundary of Regency Road eleven metres east of the
centre of the 'up main north line' thence easterly along the southern boundary
of Regency Road to the point of commencement.

Dry Creek Marshalling Yard

All that land known as the Dry Creek Marshalling Yard bounded by a line
commencing at a point on the north western boundary of railway land one
hundred metres due south of the southern boundary of High Street Dry Creek
thence north easterly along the said north western boundary of railway land
for the full length of the Dry Creek Marshalling Yard to the production of the
common boundary of sections 2241 and 2244 Hundred of Yatala thence south
easterly along the said production of the common boundary of sections 2241 and
2244 Hundred of Yatala to a point distant three metres north westerly from the
centre line of the 'down main north line' thence south westerly a distance
three metres from the centre line of the said 'down main north line' to a
point five hundred metres north east from the north eastern end of the 'down'
passenger platform at Dry Creek Station thence north westerly a distance of
seven metres thence south westerly a distance ten metres from the centre line
of the 'down main north line' to a point one hundred metres due south of the
production of the southern boundary of High Street Dry Creek thence westerly
to the point of commencement.

Port Adelaide Sidings

All that land (used exclusively for the purpose of the non-metropolitan
railways) north from Bedford Street, Port Adelaide, extending to the northern
extremity of the railway from Port Adelaide Goods Yard. Gillman Marshalling
Yard and Siding to Finsbury Industrial Area, Port Adelaide
Goods Yard and Wharf and Industrial Sidings on Le Fevre Peninsula

All that land (used exclusively for the purpose of the non-metropolitan
railways) being those parts of the areas known as Gillman Marshalling Yard and
Siding to Finsbury Industrial Area, Port Adelaide Goods Yard, and Wharf and
Industrial Sidings on Le Fevre Peninsula.

Together with all rights of way and other easements over any adjoining land of
the State or the State Authorities or any other Authority or Instrumentality
of the State which are necessary for the use and enjoyment of any land to
which the Commission is entitled under this agreement.

--------

THIRD SCHEDULE-LAND IN THE STATE OF NEW SOUTH WALES

Clause 5

All of that land vested in the S.A.R. Commissioner pursuant to the Broken Hill
to South Australian Border Railway Agreement Act 1968-1969 of the State of New
South Wales and any other land in that State vested in the State or State
Authorities for the purpose of the non-metropolitan railways.

--------

FOURTH SCHEDULE-LEASEHOLD LAND IN THE STATE OF VICTORIA

Clause 5

All that land at Serviceton leased by the Victorian Railways Commissioners to
the S.A.R. Commissioner.

--------

FIFTH SCHEDULE-RAILWAYS SUBJECT TO TRANSIT RIGHTS

Clause 12

Adelaide Passenger Station

Adelaide-Outer Harbour Line 1. Where Australian Railways' trains to and from
Mile End around the Gaol Loop, cross the Outer Harbour Line (near the Torrens
Bridge). 2. Where Australian Railways' trains from Gillman Yard join the Outer
Harbour line to travel to Glanville. 3. Where Australian Railways' trains
travel beyond Glanville to service facilities on the Le Fevre Peninsula.

Adelaide-Belair Line 1. On all quadruple tracks between Adelaide passenger
station and Goodwood Junction. 2. Between Goodwood Junction and Belair. 3.
Between Mile End South Junction and Goodwood Junction.

Adelaide-Gawler Junction 1. Between Adelaide passenger station and Gawler. 2.
Between Gawler and North Gawler. 3. Between Salisbury North and General Motors
Holden Elizabeth. 4. Between Dry Creek and Northfield.

Islington

Where trains cross the main line to Gawler, leaving or entering Islington
workshops.

Dry Creek-Port Adelaide

Where trains travel on this line between Dry Creek and Port Adelaide, Gillman
Yard and Glanville.

--------

SIXTH SCHEDULE-DEBTS TO BE TAKEN OVER BY AUSTRALIA

Clause 19
--------------------------------------------------------------------------------

Amount
     Interest Rate                        Maturity Date             (In

Thousands
of
Dollars)
--------------------------------------------------------------------------------
           8.20%  . . . . . . . . . .    May 1977  . . . . . . . .   5,000

		   5.90%  . . . . . . . . . .    July 1977 . . . . . . . . . 6,000

		   5.00%  . . . . . . . . . .    May 1978  . . . . . . . .   4,000

		   6.80%  . . . . . . . . . .    August 1979 . . . . . . . . 6,000

		   5.70%  . . . . . . . . . .    February 1982 . . . . . . .10,000

		   5.40%  . . . . . . . . . .    July 1983 . . . . . . . . . 3,000

		   8.30%  . . . . . . . . . .    October 1983  . . . . . . .17,000

		   5.25%  . . . . . . . . . .    May 1985  . . . . . . . . .20,000

		   5.25%  . . . . . . . . . .    July 1988 . . . . . . . . .15,000

		   5.25%  . . . . . . . . . .    July 1989 . . . . . . . . . 3,000

		   6.70%  . . . . . . . . . .    July 1991 . . . . . . . . . 8,000

		   6.50%  . . . . . . . . . .    October 1993  . . . . . . . 5,000

		   7.00%  . . . . . . . . . .    February 2001 . . . . . . .12,000

		   7.00%  . . . . . . . . . .    July 2005 . . . . . . . . .10,000

--------------------------------------------------------------------------------

Total . . . . . . . . . . . . . . . . .124,000
--------------------------------------------------------------------------------

IN WITNESS WHEREOF this agreement has been executed on behalf of the parties
respectively as at the day and year first above written.
SIGNED by the Honourable EDWARD  GOUGH  WHITLAM,                          E.
G. WHITLAM Prime Minister of Australia, in the presence of-

ALAN D. ROSE
SIGNED by the Honourable DONALD  ALLAN  DUNSTAN,                          D.
A. DUNSTAN Premier of South Australia, in the presence of-

W. VOYZEY
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