Victorian Consolidated Legislation

Emerald Tourist Railway Act 1977 - SECT 49

By-laws

49. By-laws



(1) The Board may make by-laws for governing the affairs of the Board and in
particular, without in any way limiting or derogating from the generality of
the foregoing provisions of this section, for or with respect to-

   (a)  meetings of the Board and the management and conduct of business
        thereat;





   (b)  the control, supervision, and guidance of all officers of and the
        control of all property vested in or belonging to the Board and the
        time and mode of accounting by officers for all moneys coming into
        their hands;

   (c)  the conduct, maintenance, management, and control of the Emerald
        Tourist Railway (including the trains thereon) and the carrying out of
        any necessary works;

   (d)  the mode of making contracts for the purposes of this Act and
        supervising the execution thereof;

   (e)  the management and improvement of the lands vested in the Board under
        this Act;

   (f)  the making, levying, and collecting of charges and fares and for
        services performed by the Board;

   (g)  forms for the purposes of this Act;

   (h)  any matters authorized or required by this Act to be prescribed;

        (i)    the conduct of members of the public on trains and premises
               managed and controlled by the Board and the removal of persons
               contravening or failing to comply with such by-laws;

   (j)  imposing penalties of not more than 2 penalty units for any
        contravention of or failure to comply with the by-laws and authorizing
        the prosecution of offenders; and

   (k)  generally carrying out the objects of this Act.

(1A) The Board must obtain the approval of the Minister before making any
by-law under subsection (1)(i) or (j).

(2) Notice of the making of any by-laws under this section and of the place
where a copy of the by-laws may be inspected shall be published as soon as
practicable and exhibited in all offices, stations, and other buildings of the
Board to which the public have access.

(3) Copies of all by-laws made by the Board under this section shall be sent
to the Minister within one month after they are made.

(4) The Minister shall cause a copy of all such by-laws to be laid before each
House of Parliament within fourteen days after receiving copies thereof if
Parliament is then sitting and, if Parliament is not then sitting, within
fourteen days after the next meeting of Parliament and any such by-laws shall
be disallowed if each House of the Parliament passes a resolution accordingly.

(5) Notice of a resolution to disallow a by-law must be given in the House in
question on or before the twelfth day upon which that House sits after the
by-law is laid before that House and the resolution must be passed on or
before the twelfth day upon which that House sits after notice of the
resolution has been given in that House but the power of either House to pass
a resolution disallowing the by-law shall not be affected by the prorogation
or dissolution of the Parliament or of either House of the Parliament and for
the purpose of this section the calculation of days upon which a House has sat
shall be made as if there had been no such prorogation or dissolution.

(6) Notice of a resolution to disallow a by-law may be expressed to apply to
the whole or to any part of the by-law and a resolution to disallow the whole
or any part of a by-law shall have effect according to its tenor.

(7) Where a by-law is disallowed by Parliament the disallowance shall have the
like effect to the repeal of an enactment.

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