CRAFTON-KYOGLE TO SOUTH BRISBANE RAILWAY MANAGEMENT ACT.

Act No. 30, 1943-An Act to ratify certain agreements relating to the

operation of that part of the railway between Kyogle and South Brisbane which is in the State of Queensland; to provide for the carrying into effect of those agreements; to validate certain matters; and for purposes connected therewith. [Assented to, 3rd November, 1943.]

BE it enacted by the King's Moist Excellent Majesty, by and with, the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of t h e same, as follows :—

1 . (1) This Act may be cited as the " Grafton-Kyogle to South Brisbane Bailway Management Act, 1943."

(2) This Act shall be read and construed with the "Government Eailways Act, 1912, a's amended by subse­quent Acts.

L 2 .

2 . (1) In this Act, unless the context or subject-matter otherwise indicates or requires,—

"Opera t ion" includes work, care, control, manage­ment, maintenance, repair, renewal or alteration.

" T h e Agreement" means the agreement, a copy of which is set out in the First Schedule to this Act.

"The rai lway" means that part of the railway between Kyogle and South Brisbane, which is in the State of Queensland, and the lands, works, stations, buildings, yards, and depots and other the conveniences and appurtenances used, or to be used, in connection therewith, and in­cludes any alteration, modification, deviation, or extension of or any addition to the same.

"The Supplementary Agreement" means the agree­ment a copy of which is set out in the Second Schedule to this Act.

(2) A reference in this Act to the Railway Com­missioners for New South Wales shall include a refer­ence to the corporation which is for the time being the authority to carry out the Government Railways Act, 1912, as amended by subsequent Acts.

3 . (1) The Agreement is hereby ratified and shall com­mence to take effect as therein provided.

(2) The Supplementary Agreement is hereby rati­fied and shall commence to take effect as therein pro­vided.

4. (1) Notwithstanding the provisions of any other Act—

(a) the agreements referred to in section three of this Act, and any agreement made pursuant to section five of this Act, may be carried into effect;

(b) all acts, matters and things for or with respect to which provision is made in any such agree­ment, or which by any such agreement are agreed, directed, authorised or permitted to be done or performed, are hereby sanctioned, authorised and confirmed.

(2)

(2) Without excluding or limiting any of the obliga­tions powers authorities duties or functions of the Rail­way Commissioners for New South Wales under the Agreement and the Supplementary Agreement in rela­tion to the operation of the railway—

(a) the Railway Commissioners for New South Wales shall be subject to ally obligations im­posed and shall have and may exercise and per­form any power authority duty or function con­ferred or imposed upon it by The Queensland Border to South Brisbane Railway Management Act of 1930 of the State of Queensland;

(b) any officer or employee of the Railway Commis­sioners for New South Wales including any officer or employee transferred from the service of The Commissioner for Railways (Queens­land) to the service of the Railway Commis­sioners for New South Wales shall be subject to the like conditions of employment and shall be entitled to salary or wages at the like rate as if at all material times he was employed by the Railway Commissioners for New South Wales in the State of New South Wales.

In this paragraph the expression "conditions of employment" includes—

(i) the application of the law relating to employees of the Railway Commis­sioners for New South Wales sustain­ing personal injury arising out of and in the course of their employment, and

(ii) the rights of appeal under the pro­visions of Division 5 of Par t VI I I of the Government Railways Act, 1912, as amended by subsequent Acts,

and, where such conditions or either of them are altered, varied, modified or extended by any Act passed after the commencement of this Act, includes such conditions as so altered, varied, modified or extended.

5 .

5 . The Railway Commissioners for New South Wales-may from time to time with the approval of the Minister by further agreement make any alteration, amendment, amplification, modification, or extension of, or addition to, or omission from, the Agreement or the Supplementary Agreement in any respect deemed to be necessary or expedient for giving effect to the Agreement or the Supplementary Agreement or this Act.

6. This Act shall be deemed to have commenced on the twenty-sixth day of September in the year one thousand nine hundred and thirty.

F I R S T S C H E D U L E . AGREEMENT made to operate from the date hereinaf ter ment ioned

and executed on the days hereinaf ter respectively ment ioned between the Rai lway Commissioners for New S o u t h Wales a body corporate under or by v i r tue of the provisions of t h e Government Ra i lways Act 1912 as amended a n d The Commis ­sioner for Rai lways a body corporate under or by v i r tue of t h e provisions of The Rai lways Act 1914 (Queens land) as amended Whereas in pursuance of the provisions of the Graf ton-Kyogle to Sou th Br isbane Rai lway Agreement Ratif icat ion A c t 1924-1827 the Graf ton-Kyogle to Sou th Br isbane Rai lway is about to be completed and made ready for traffic A n d whereas T h e Commissioner for Rai lways (Queens land) has requested t h e Ra i lway Commissioners for New Sou th Wales t o u n d e r t a k e t he control managemen t operat ion working and m a i n t e n a n c e of t h a t pa r t of the said rai lway which lies in Queensland (here in­after referred to as " the ra i lway") on his behalf which the sa id Rai lway Commissioners for Now South Wales have consented to do Now this Agreement witnesseth and it is hereby agreed as follows:—

Local Traffic in Queensland not to he Catered for. 1. The rai lway shall not unless in pursuance of an a r r angemen t i n

t h a t behalf by and between the par t ies hereto provide for local traffic i n Queensland. Mai l t r a in s may be stopped at Bromel ton to pick u p or set down in te r s ta te passengers .

New South Wales Boiling Stock to be Used. 2. The rol l ing stock for the operat ion of the ra i lway shall b e

provided by the Rai lway Commissioners for New Sou th Wales .

Engines to be Worked by New South Wales Drivers and Firemen. 3. The locomotives used in the operat ion of the ra i lway shall b e

worked by dr ivers and firemen employed by the Rai lway Commis­sioners for New Sou th Wales .

Three

Three Queensland Drivers and Three Queensland Firemen to be Transferred to New South Wales.

Subject to the requi rements of clause 7 hereof there shall be t ransfer red from the service of The Commissioner for Rai lways (Queens land) to the service of the Rai lway Commissioners for New Sou th Wales not more than three drivers and three firemen to he employed where and as may be required by the Rai lway Commis-sioners for New South Wales.

New South Wales to Provide Officer-in-Charge Locomotive Depot at Yeerongpilly.

The Rai lway Commissioners for New South Wales shall provide t he Ofticer-in-Charge (first mechanic) for the locomotive depot a t Yeerongpi l ly .

Queensland to Provide Second Mechanic (if required) for Locomotive Depot, Yeerongpilly.

I f the Rai lway Commissioners for New Sou th Wales shall require a second mechanic in the locomotive depot at Yeerongpilly such mechanic shall be selected from the staff of The Commissioner for Rai lways (Queens land) who conforms wi th the requ i rements of clause 7 hereof and bp t ransferred to the service of the Rai lway Commissioners for New South Wales .

New South Waifs to Provide Shed Firemen and Cleaners at Locomotive Depot, Yeerongpilly.

Such shed firemen and cleaners as may be required in case of emergency to act as drivers and firemen respectively and who mus t respectively have been passed as ac t ing drivers and ac t ing firemen shall be provided by the Rai lway Commissioners for New South Wales .

Queensland io Provide Fuchncn, Shed Labourers and any other Employees required at Locomotive Depot, Yeerongpilly.

Shed firemen and cleaners (other t h a n the above) fuelmen shed labourers and other employees if any at the locomotive depot at Yeerongpil ly shall in the first ins tance be selected from the staff of T h e Commissioner for Rai lways (Queens land) who conform with the requ i rements of clause 7 hereof and be t ransferred to the service of the Rai lway Commissioners for New South Wales .

New South Wales to Provide Wagon Examiners. The examiner who will deal with all rol l ing stock on the rai lway

shall be provided by the Rai lway Commissioners for New South Wales .

Queensland Electrician to Attend to New South Wales Carriages. A n electr ic ian employed by The Commiss ioner for Rai lways

(Queens land) shall give a t ten t ion to the electric l igh t ing of the car r iage stock on the rai lway as and when i t is necessary and is requi red by the Rai lway Commissioners for New South Wales.

Guards

Guards and Conductors to be Provided by New South Wales—Tiro Queensland Guards to be Transferred to New South Wales.

Guards and conductors employed on the railway shall be provided by the Rai lway Commissioners for New South Wales but in the first ins tance two guards may subject to the requi rements of clause 7 hereof be t ransfer red from the service of The Commissioner for Rai lways (Queens land) to the service of the Rai lway Commissioners for New South Wales.

Shunting at South Brisbane and Clapham and Between those Places to be Carried Out by New South Wales Engine and Men and Queensland Guard.

4. S h u n t i n g operat ions at Sou th Br isbane and Clapham and between those places shall be carr ied out and controlled by a shun te r or guard employed by The Commissioner for Rai lways (Queens land) us ing a locomotive provided by the Rai lway Commissioners for New Sou th Wales worked by a driver and fireman similarly provided.

New South Wales to Provide Signalmen at Kagaru and Glenapp. The Rai lway Commissioners for New South Wales shall provide

s ignalmen at Kagaru and Glenapp.

Queensland to Provide Sipnalmen at Clapham, Yeerongpilhj and South Brisbane.

The Commissioner for Rai lways (Queens land) shall provide signal­men at Clapham, Yeerongpil ly and South Br isbane.

Queensland to Provide all Traffic Employees at Clapham and South Brisbane except one or two New South Wales Clerks (for check­ing purposes).

Traffic employees at C lapham and Sou th Br isbane with the excep­t ion of one or two clerks who may be provided by the Rai lway Com­missioners for New Sou th Wales for checking purposes shall be provided by and be under the control of The Commissioner for Rai lways (Queens land) .

Queensland to Provide Best House Attendants at Yeerongpilly and South Brisbane.

Rest house a t t endan t s a t Yeerongpil ly and South Br i sbane shall be selected from employees of The Commissioner for Rai lways (Queens ­land) who conform with the requ i rements of clause 7 hereof and shall be t ransfer red to the service of the Rai lway Commissioners for New Sou th Wales .

New South Wales to Maintain Main Line and all Sidings between (he Border and South Brisbane, including three feet six inches gauge Sidings at Yeerongpilly Locomotive Depot and Clapham.

5. The Ra i lway Commissioners for New Sou th Wales shall ma in ­t a i n t he ma in l ine and s idings and the s id ings a t Glenapp and K a g a r u ; the m a i n l ine and s idings a t C lapham and Yeerongpil ly and the s idings f rom the Queens land l ine in to Yeerongpi l ly and Clap­h a m yards from the poin ts of clearance of t he Queens land l i n e ; the d iamond crossings on the t r i angu la r connect ion from the Cor inda

B r a n c h

Branch to Yeerongpil ly where the same are crossed by the Sou th Br isbane to Kyogle Rai lway to the points of c learance ; and the s idings in the Sou th Br isbane s ta t ion yard in connect ion wi th the rai lway.

Queensland to Maintain all Buildings and Signal Cabins. The Commissioner for Rai lways (Queens land) shall m a i n t a i n all

bui ld ings and signal cabins on the rai lway.

New South Wales to Maintain Electric Staff and Telephones also Signalling and Interlocking at Glenapp and Kagaru.

The Rai lway Commissioners for New South Wales shall m a i n t a i n the l ine wires from the border to a point nea r Sal isbury where the same cease to be a separate un i t and come into contact with the wires of the Queensland South Coast ra i lway, and are a t tached to t he poles used in connection wi th the Queensland ra i lway ; the s ignal l ing and in ter locking a t Glenapp and K a g a r u ; and the electric staff appliances and telephones on the rai lway.

Queensland to Maintain Interlocking and Signalling at Clapham, Yeerongpilly and Soulh Brisbane.

The Commissioner for Rai lways (Queens land) shall m a i n t a i n the in ter locking and s ignal l ing appara tus a t Clapham, Yeerongpilly and at the Sou th Br isbane s ta t ion in connection with the rai lway.

New South Wales to Maintain Control and Operate Water Supplies. The Rai lway Commissioners for New South Wales shall ma in t a in ,

control and operate the locomotive water supply on the rai lway.

Nine Gangers and Thirty-six Fettlers on the Queensland Staff to be Transferred to New South Wales Staff.

The Rai lway Commissioners for New South Wales shall subject to the requi rements of clause 7 hereof a r r ange for the t ransfer to the i r service of n ine gangers and of fett lers to a number not exceeding thir ty-s ix from the service of The Commissioner for Rai lways (Queens l and) .

Rental of Cottages in Queensland to be Credited to Line. T h e ren ta l s of cottages in Queensland occupied by gangers fett lers

or gatekeepers shall be credited to the rai lway ( S o u t h Br i sbane to border sect ion) a t amounts cur ren t as renta ls for such cottages on the Queensland Rai lways .

Queensland Railway Commissioner to Render Assistance in Emergency.

0. I f in cases of emergency assistance is required The Commissioner for Rai lways (Queens land) shall render the same at the ac tual cost thereof.

Conditions of Transfer of Queensland Employees to New South Wales Staff.

7. T h e t ransfer of any employee from the service of The Commis­sioner for Rai lways (Queens land) to the service of the Rai lway Commissioners for New South Wales will only be made if such

employee

employee conforms wi th the medical and other requ i rements except age of the New South Wales service and if in any ease there be no available employee who conforms wi th such requi rements the employee in such case shall be provided by the Rai lway Commissioners for N e w S o u t h Wales . A n y employee so t ransfer red shall have h i s service wi th The Commissioner for Rai lways (Queens land) te r ­mina t ed and all and any r igh t s to leave and r e t i r i ng allowance or e i ther of them which may have accrued to h im if on such t e rmina t i on he had been duly re t i red shall r emain in suspense to be allowed to h im on the t e rmina t ion of his service with the Rai lway Commissioners for New Sou th Wales or in respect of leave a t such t ime as he may elect with the approval of the Rai lway Commissioners for New Sou th Wales to take such leave. Service with the Rai lway Commissioners l o r New Sou th Wales shall be according to New South Wales con­di t ions ent i re ly except t h a t service wi th The Commissioner for Ra i l ­ways (Queens land) shall be t aken into account for de te rmin ing ra tes of pay where due according to years of service.

T h e r ight of a t ransfer red employee to extended leave shall not be lost solely by reason of the fact t h a t the employee concerned does not resume service unde r The Commissioner for Rai lways (Queens l and) .

A t the t e rmina t ion of th i s agreement for any reason whatsoever amy employee of the Rai lway Commissioners for New Sou th Wales who was t ransfer red to the i r service from the service of The Com­missioner for Rai lways (Queens land) p u r s u a n t to the provisions of t h i s agreement shall be re- t ransferred to the service of The Commis­sioner for Rai lways (Queens l and) .

Any service with the Rai lway Commissioners for New South Wales of any employee t ransfer red from Queensland shall not be regarded for any purpose whatsoever as service wi th or under The Commis­sioner for Ra i lways (Queens l and) .

Conditions of Filling Vacancies in Positions Filled by Transferred. Employees.

A n y vacancy a r i s ing from the death , res ignat ion, dismissal or re­t i r emen t of an employee t ransfer red from the service of The Commis­sioner for Rai lways (Queens land) to the service of the Rai lway Com­miss ioners for New South Wales shall be filled by an. employee selected from the staff of The Commissioi»er for Rai lways (Queens­l and) who conforms wi th the r equ i r emen t s of th is clause a m i who shall subject in all respects hereto be t r ans fe r red to, the service of t he Rai lway Commissioners for New Sou th Wales .

New South Wales Rules and Regulations to Apply. 8. T h e Rules and Regula t ions of the Rai lway Commissioners for

New Sou th Wales shall apply to the staff employed by them in work­ing and m a i n t a i n i n g the rai lway.

Joint Inquiry Boards. I n the event of an offence or i r regu la r i ty coming to the knowledge

of the Rai lway Commissioners for New South Wales or the head of the branch concerned in New South Wales which is to form the sub­ject of an inqu i ry it shall if it involves or is l ikely to involve a

member

member of tire staff of The Commissioner for Rai lways (Queens land) be brought under the notice of The Commissioner for Ra i lways (Queens land) who may if he th inks fit appoint an officer to represent h im on the Board of I nqu i ry . S imi la r ly if an offence or i r r egu la r i ty shall come to the knowledge of T h e Commissioner for Ra i lways (Queens land) or the head of t he b ranch concerned in Queensland which is to form the subject of a jo in t inqu i ry i t shall if i t involves or is likely to involve a member of the staff of t h e Rai lway Commie-sioners for New Sou th Wales be brought unde r the not ice of t he Rai lway Commissioners for New Sou th Wales who m a y if they t h i n k fit appoint an officer to represent them on the Board of I n q u i r y ; b u t if t h rough oversight or for any other reason any m a t t e r shall form the subject of inqui ry wi thout hav ing been brought under the not ice of the respective Commissioners the de te rmina t ion of the Boa rd of I n q u i r y shall not on tha t account be affected i t be ing left to the S t a t e concerned to pursue i ts own inqui ry . Provided t h a t if the deter­mina t ions of the Boards of I nqu i ry in the respective Sta tes a re i n conflict a jo in t mee t ing of the Officers compris ing both Boards may be a r ranged at the request of e i ther S ta te for the purpose of fur ther inves t iga t ing and repor t ing on the offence or i r regular i ty .

Queensland Train Control Officer to Control Running of Trains on Queensland Section.

The s ta t ion mas ter a t Sou th Br i sbane s ta t ion in connection wi th the rai lway and the s ta t ion mas ter or other officer-in-charge at Clap­h a m shall control the r u n n i n g of t r a ins and direct the staff of t he Ra i lway Commissioners for New Sou th Wales at the said Sou th Br i sbane s ta t ion and Clapham and between those places subject to t he direct ions of the Queensland T r a i n Control Officer who shall in all other respects control the r u n n i n g of t r a ins on the railway and shall notify the Dis t r i c t Super in tenden t , Sou th Graf ton, of any a r rangement s he may make .

The Commissioner for Rai lways (Queens land) or any officer appointed by h im in connect ion wi th the work ing of th is railway may in Queensland suspend from duty any employee of the Rai lway Commissioners for New Sou th Wales for misconduct or for such other reason as such Commissioner or other officer shall consider sufficient.

Co-operation to Avoid Delays to Rolling Slock. 9. Employees of The Commissioner for Rai lways (Queens land)

shall as far as pract icable avoid delay to rol l ing stock and shall work in co-operation wi th employees of the Rai lway Commissioners for New Sou th Wales .

Demurrage Detention and Diversion Charges to be in Accordance with New South Wales Rates.

D e m u r r a g e detent ion and diversion charges to the public shall be in accordance with By-laws made by the Rai lway Commissioners for New Sou th Wales and shall be allocated to the New South Wales section of the Graf ton-Kyogle to South Br isbane l ine. N o demur rage

charges

charges shall be payable by The Commissioner for Rai lways (Queens­l and) to t he Rai lway Commissioners for New Sou th Wales except those collected from the publ ic . The Rai lway Commissioners for N e w Sou th Wales shall allow discre t ionary power to officers nomi ­na ted by T h e Commissioner for Rai lways (Queens land) in regard to remiss ion in whole or in pa r t of any demurrage charges.

No Alteration in Services or Additional Stops or Facilities to be Provided without Consent of Queensland Railway Commissioner. 10. T h e Commissioner for Rai lways (Queens land) shall be con­

sul ted wi th regard to any a l tera t ion of the service on the rai lway. N o addi t iona l stops s topping places or facil i t ies for hand l ing any

public traffic on the ra i lway shall be unde r t aken or provided wi thout t he consent of The Commissioner for Rai lways (Queens land) .

Leave and Privilege Passes not to be Available. 11. Travel on an a n n u a l leave or a privilege pass on the rai lway

shall not be pe rmi t t ed by any express t r a in or any division thereof unless such pass is specially endorsed to permi t of such t ravel by such t r a i n .

Rates and Fares. 12. The exis t ing bases of a rb i t ra ry In ter -sys tem rates and fares

shall be ma in ta ined except in instances where the combined local ra tes and fares are cheaper.

I n cases where ra tes and fares are charged on an a rb i t r a ry In t e r -system basis no addi t ional charge shall be made for the conveyance of passengers and goods between Graf ton and Sou th Graf ton e i ther by ferry or by road pend ing the completion of and r u n n i n g of t r a i n s over t he Clarence River br idge.

W h e r e ra tes and fares are computed on the combined local ra tes and fares any prescribed addi t ional charge for t r anspor t a t ion between Graf ton and Sou th Graf ton m a y be made .

I n ca lcu la t ing the New Sou th Wales propor t ion of a rb i t ra ry In t e r -system ra tes and fares the Clarence River br idge mileage of one mile and seventy-eight chains shall be added to the N e w South Wales mileage.

F o r the purpose of comput ing In te r - sys tem goods rates the New South Wales m a x i m u m ra tes shall apply both to and from Sydney.

Excursion Tickets. Excurs ion t ickets shall be available on the rai lway.

Expenditure. 13. The work ing expenses of the Graf ton-Kyogle to Sou th Br i sbane

l ine of ra i lway shall be calculated and d is t r ibuted between the pa r t s of the said l ine of ra i lway in New Sou th Wales and Queensland respectively as follows:—

Permanent Way Branch Expenditure.

The ac tua l cost of the ma in t enance of the t rack s ta t ion bui ldings depots and other works and s t ruc tu res as set out in the Classification

of

of Work ing Expenses Accounts plus a propor t ion of the B r a n c h Supervis ion expendi ture d is t r ibuted each m o n t h on the basis of the direct wages cost for the whole branch for the previous quar te r .

Signalling Branch Expenditure. The actual coat of ma in t enance of s ignal l ing and in ter locking

s ignal boxes and other works as set out in the Classification of Work ing Expenses Accounts plus a propor t ion of the Branch Super­vision expendi ture d is t r ibuted each month on the basis of the direct wages cost for the whole branch for the previous quar ter .

I n th i s Agreement t he t e rm " t r a i n mi leage" shall not include mileage r u n by l ight engines assis t ing engines or s h u n t i n g engines.

Locomotive Branch Expenditure. The cost of general supervision shall be calculated on the figures

for the previous quar t e r on the basis of the t r a i n mileage for the whole system operated or to be operated by the Rai lway Commis­sioners for New South Wales and applied to the t r a i n mileage r u n each m o n t h on the pa r t s of the said l ine of rai lway in New South Wales and Queensland respectively.

T h e cost of r u n n i n g super in tendence shall be calculated on the figures for the previous quar te r on the basis of the engine mileage for t he whole system operated or to be operated by the Rai lway Com­missioners for New Sou th Wales and applied to the engine mileag6 r u n each m o n t h on the pa r t s of the said line of rai lway in New South Wales and Queensland respectively.

The ac tua l wages and expenses pa id to locomotive drivers and fire­m e n working on the sections Graf ton to the Border and the Border to South Br isbane , plus the ascer ta ined percentage of cost of holidays of drivers and firemen to direct wages for the previous quar te r for the whole system operated or to be operated by the Rai lway Com­missioners for New South Wales .

T h e cost of r u n n i n g shed labour and supplies shall he calculated on the figures for the previous quar t e r on t he basis of the engine miles for the whole system operated or to be operated by the Rai lway Commissioners for New South Wales and applied to the engine miles r u n each m o n t h on the pa r t s of the said l ine of ra i lway in -New South Wales and Queensland respectively.

Fue l .—Actua l cost of consumption to be ascer ta ined from reports of S team Shed Inspectors .

Wate r .—Actua l or approximate quan t i ­t ies used to be ascer ta ined from re­ports of S team Shed Inspectors .

Oil, Tallow, Was te and Stores for Cleaners .—Actual cost to be ascer­ta ined from reports of S team Shed Inspectors .

In jur ies to employees and others.— Actua l cost.

Other expenses.—Actual cost.

To be dis t r ibuted on the basis of the engine mile­age run each month be­tween Graf ton and the Border and the Border and South Brisbane.

The

T h e cost of engine repai rs shall be based on the engine miles r u n by each class of engine on the Graf ton-Kyogle to Sou th Br isbane l ine of ra i lway mul t ip l ied by the ascer ta ined cost of repai rs per- eng ine mi le for t h a t class of engine for the whole system operated or to be operated by the Rai lway Commissioners for New Sou th Wales for t h * previous financial q u a r t e r and shall be d is t r ibuted each month .

Cost of Carriage Repairs. T h e cost of car r iage repai rs shall be computed by mul t ip ly ing t h e

mileage r u n by each of the types of car r iage on the Graf ton-Kyogle to Sou th Br i sbane l ine of ra i lway by the ascer ta ined cost of repa i r s per car mile for each of those types of vehicles on the whole ra i lway system operated or to be operated by the Rai lway Commissioners for N e w Sou th Wales for the previous financial qua r t e r and shall be d is t r ibu ted each mon th .

Cost of Wagon Repairs. T h e cost of wagon repa i rs shall be computed by mul t ip ly ing the

gross ton miles of the types of vehicles r u n on the Graf ton-Kyogle to Sou th Br i sbane l ine of ra i lway by the ascer ta ined repa i r cost per 1,000 gross ton miles of those types of vehicles over the whole system opera ted or to be operated by the Rai lway Commissioners for N e w S o u t h Wales for the previous financial quar te r .

Cost of Examination of Vehicles;

The cost of the examina t ion and lubr ica t ion of vehicles shall be computed on the figures for the previous financial quar te r on the basis of the gross ton miles for the whole system operated or to be operated by the Ra i lway Commissioners for New Sou th Wales and applied to t he gross ton miles r u n each m o n t h on the pa r t s of the said l ine of ra i lway in New South Wales and Queensland respectively.

Traffic Branch Expenditure.

Genera l Super in tendence .

S ta t ionery , P r i n t i n g and Adver t i s ing .

S t a t i on Y a r d and Signal Services.

Gatekeeping.

T h e cost shall be calculated on the figures for the previous quar t e r on the basis of t he t r a i n mileage for t he whole system operated or to be operated by the Ra i lway Commis­sioners for New Sou th Wales a n d applied to the t r a i n mileage r u n each m o n t h on the pa r t s of the said l ine of ra i lway in New Sou th Wales a n d Queensland respectively.

The ac tua l cost between Graf ton and the Border and between the Border and Sou th Br i sbane shall be debited each m o n t h to t he N e w South Wales a n d Queensland pa r t s of the l ine of ra i l ­way respectively.

G u a r d s

G u a r d s and Conductors .—The ac tua l wages and expenses of t he guards and conductors working on the sections Graf ton to the Border and the Border to Sou th Br i sbane plus the ascer ta ined percentage cost of holidays of guards and conductors to the direct wages for the previous quar t e r for the whole system operated or to be operated by the Rai lway Commissioners for New Sou th Wales .

Clean ing , I c i n g and other Services of Carr iages .

Suppl ies for Carr iages .

L i g h t for Carr iages .

Ac tua l cost if available to be dis­t r ibu ted each m o n t h between Graf­ton and the Border and the Border and Sou th Br i sbane or if the ac tua l cost cannot be readily ascer ta ined the cost shall be computed on a passenger vehicle mileage basis on the figures for the previous qua r t e r for the whole system operated or to be operated by the Railway Commis­sioners for N e w Sou th Wales and d is t r ibuted on a passenger vehicle mileage basis between the N e w South Wales and Queensland pa r t s of t he said l ine of ra i lway respec­tively.

Repairs and Renewals to Tarpaulins and Lashings. I f the goods contents ton miles in respect of goods carr ied in open

goods wagons can be readi ly ascer ta ined cost of repai rs and renewals t o t a rpau l in s and lashings to be computed on the basis of the ra t io of goods contents ton miles for the l ine of ra i lway Graf ton-Kyogle to Sou th Br isbane to s imi lar goods contents ton miles for the whole system operated or to be operated by the Railway Commissioners for N e w Sou th Wales on the figures for t he previous quar t e r and on the percentage t h a t the number of open goods wagons bears to the to ta l number of wagons in stock and in use between Graf ton and Sou th Br i sbane .

I f such goods contents ton miles as above cannot be readi ly ascer­t a i n e d t h e n cost to be computed on the basis of the ra t io of general goods contents ton miles for t he said l ine of ra i lway to the general goods contents ton mile for t he whole system operated or to be operated by the Railway Commissioners for New Sou th Wales on the figures for the previous quar te r .

Loss of and Damage to Property and Goods. Compensation Personal.

T h e ac tua l cost between Graf ton a n d South Br i sbane to be dis­t r i bu ted between the New South Wales and Queensland por t ions of t he l ine of ra i lway on the basis of the t r a i n mileage r u n for t he previous quar te r between Graf ton and the Border and the Border and S o u t h Br isbane .

In ju r i e s

Injuries to Employees—Other Expenses.

The ac tua l cost between Graf ton and Sou th Br isbane to be d is ­t r ibu ted between New South Wales and Queensland port ions of the l ine of ra i lway on the basis of the t r a in mileage r u n for the cu r ren t m o n t h between Graf ton and the Border and the Border and Sou th Br i sbane .

Provided, however, t ha t no pa r t of any damages or compensat ion payable in respect of any loss of or damage to goods or of personal in jury to employees passengers or other persons or of any expense consequent thereupon a r i s ing from or t h rough the r u n n i n g of any t r a i n on the l ine of rai lway between Graf ton and the Queensland border for the purposes of New South Wales local traffic unconnected wi th the rai lway shall be charged to the rai lway.

Cost of Working Casino Refreshment Rooms. Two-thi rds of the cost of the working of the refreshment room at

Casino shall be debited to the l ine from Graf ton to the Border and one- thi rd to the Rai lway Commissioners for New South Wales and d is t r ibuted each m o n t h bu t th i s al location shall be reviewed one year after th is Agreement takes effect and unless an allocation upon another basis is agreed upon th is allocation shall cont inue un t i l such agreement is reached.

General Charges. The cost of general charges shall be calculated on the figures for

the previous qua r t e r on the basis of the t r a i n mileage for the whole system operated or to be operated by the Ra i lway Commissioners for New Sou th Wales and applied to the t r a i n mileage r u n each m o n t h on the New South Wales and Queensland por t ions of the said line of rai lway respectively.

Cost of Working Grafton Casino and South Brisbane Stations. The expendi ture at the s ta t ions a t Graf ton and Casino and a t

Sou th Br i sbane and the s ignalmen 's wages a t Yeerongpil ly shall be d i s t r ibu ted each m o n t h according to the propor t ion ascer ta ined by t ak ing the number of t r a i n s (exc luding l ight and assis t ing engines) handled a t each s ta t ion in connect ion wi th the Graf ton-Kyogle to South Br i sbane l ine of rai lway in re la t ion to the number of t r a i n s (excluding l ight and ass is t ing engines) handled otherwise but th is basis shall be reviewed three m on ths after the l ine from Graf ton to South Br isbane has been opened for traffic and unless another basis is then agreed upon shall be cont inued.

The full wages cost of the goods staff specially provided at Sou th Br isbane shall be charged to the rai lway.

Cost of Working Clapham. The cost of working Clapham t r ansh ipp ing s ta t ion shall be dis­

t r ibu ted each month equally between the Queensland Rai lways and (lie line between South Br isbane and the Border , wi th the exception of the wages of s ignalmen which shall be debited wholly to the la t ter .

Depreciation.

Depreciat ion—How to be Estimated.

Deprecia t ion ( to provide for renewals, replacements and obsoles­cence) to be calculated on the following bases:—

Rolling Stock. Estimated

life. Years.

Rate per cent, per annum.

Locomotives

Carriages

Wagons

P e r m a n e n t W a y — Rails a n d Fas ­

tenings

Sleepers

Workshops

Machinery

S ta t ions a n d other Buildings.

Bridges

30

35

35

25

20

50

15

50

60

3-33

2-857,

2-857

4 0 0

5-00

2-00

6 - 6 6

2-00

1-66

To be d is t r ibuted each m o n t h on t h e same bases as are previously herein set ou t under the headings of Repa i r s to Engines , Car­riages a n d Wagons .

To be d is t r ibuted each m o n t h on t h e basis of t he ac tua l capi tal cost in each S ta te .

To be computed on the cost per t r a in mile for the previous financial qua r t e r for t he whole system opera ted or t o be opera ted by t h e Rai lway Commissioners for New South Wales applied t o t h e t r a in miles r u n on t h e por t ions of t h e said line of ra i lway in New South Wales a n d Queensland re­spectively.

To be dis t r ibuted each m o n t h on t h e basis of t he ac tua l cap i ta l cost in each S ta t e .

To be dis t r ibuted each m o n t h on t h e basis of t h e ac tua l capi tal cost in each S ta t e .

Sinking Fund—No Debit to be made Against.

As ne i ther t he N e w Sou th Wales nor Queensland Rai lways system is be ing debited w i t h S i n k i n g F u n d charges a t t h e da te of th i s Agreement u n d e r clause 12, subclause 6, of the Agreement made between the Commonweal th and the Sta tes of New Sou th Wales and Queensland, no debit on th i s account shall be made against the working of the Graf ton-Kyogle to Sou th Br isbane line.

Interest

Interest Charges—How to be Calculated. A propor t ion of the interest charges on the capi ta l cost (as such

cost is disclosed in the books of account of the New South W a l e s Ra i lways) of rol l ing stock, workshops and machinery and on votes for the purchase of stores shall form a charge aga ins t the gross ea rn ings of the Graf ton-Kyogle to Sou th Br isbane rai lway and p ro ­por t ion shall be ascer ta ined by the following methods, and d i s t r i b u t e d monthly:—-

Rol l ing stock to be calculated by t a k i n g for the previous finan­cial year the engine and vehicle mileage over the whole s y s t e m operated or to be opera ted by the Rai lway Commissioners for New Sou th Wales for t he , class of locomotives, carr iages and; wagons in use on the Graf ton-Kyogle to South Br isbane l ine of ra i lway in re la t ion to the engine and vehicle mileage on such l i n e of rai lway.

Workshops and m a c h i n e r y : to be calculated by t a k i n g for t h e previous financial year the t r a in mileage for the whole system; operated or to be operated by the Rai lway Commissioners f o r New Sou th Wales in re la t ion to the t r a i n mileage on the Graf ton-Kyogle to Sou th Br i sbane l ine of rai lway.

P u r c h a s e of s to res : to be calculated by t a k i n g month ly t h e value of the stores issued on account of the ra i lway i n re la t ion to t he value of the stores issued on account of the whole system operated or to be operated by the Rai lway Commissioners for New Sou th Wales .

Earnings—How to be Distributed over Queensland and New South Wales Sections of Railway.

Earnings Passenger Parcels and Goods Traffic. E a r n i n g s from passenger parcels and other coaching traffic goods

a n d livestock traffic ca r r ied at a rb i t r a ry In ter -sys tem ra tes and fares shall be d is t r ibu ted monthly apport ioned on a rou te mileage basis a n d each Sta te ' s quota so ar r ived a t shall be apport ioned on a s imi la r basis over the sections kept separately by each S ta te .

Where the combined local ra tes and fares are less t h a n the a rb i t r a ry In te r - sys tem ra tes and fares each S ta te shall be accredited wi th i t s local mileage ra te or fare .

I n the division of revenue ne i ther par ty shall receive as i ts propor­t ion less t h a n Is . per goods cons ignment nor 3d. per parcels consign­men t .

Local Earnings. All local ea rn ings such as cloak-room charges p la t form t i cke t s

r en t s and adver t i s ing a t Graf ton and Casino s ta t ions shall be appor­t ioned according to the resul t obtained by t a k i n g the number of passenger t r a ins handled a t each s ta t ion i n connect ion wi th t h e Graf ton-Kyogle to Sou th Br isbane l ine of rai lway in relat ion to t h e number of passenger t r a ins handled otherwise.

A t Sou th Br i sbane s ta t ion in connect ion wi th t he l ine where a separate service is provided for the said: l ine of ra i lway the whole of t he local ea rn ings shall be credited to the rai lway t h a t is to say by

way

way of example only the ea rn ings from adver t i s ing on the s ta t ion a t South Br isbane in connect ion with the rai lway and the walls thereof shall be wholly credited to the rai lway ( S o u t h Br isbane to Border sec t ion) .

Earnings of Refreshment Room Casino. T h e earn ings of the refreshment room at Casino shall be credi ted

in the propor t ion of two- th i rds thereof to the l ine of ra i lway from Graf ton to t he Border and one-third to the Rai lway Commissioners for New Sou th "Wales bu t th i s allocation shall be reviewed one year after th is ageement takes effect and unless an allocation upon ano ther basis is agreed upon th i s al location shall cont inue un t i l such agree­men t is reached.

Earnings from Transhipping Charges Clapham. E a r n i n g s derived from t r ansh ipp ing a t Clapham shall be divided

equally between The Commissioner for Rai lways (Queens land) and the l ine of ra i lway from South Br isbane to the Border .

Earnings from Sleeping Berths. The earn ings from sleeping be r th t ickets shall be d is t r ibu ted

month ly on a route mileage basis when sleeping cars are r u n t h r o u g h from Sydney to Sou th Br i sbane .

Earnings from Reserved Seat Tickets. The S ta te doing the booking of reserved seats shall r e t a in t h e

ea rn ings from the sale of t ickets therefor.

Carriage of Mails. The revenue from the carr iage of mai ls shall be divided in respect

of such car r iage in New South Wales according to the propor t ion which the route mileage from Graf ton to the Border bears to t he to ta l rou te miles of l ine of the S t a t e of New Sou th Wales and in respect of such carr iage in Queensland according to the propor t ion which t h e rou te mileage from the Border to Sou th Br isbane bears to the to ta l rou te miles of l ine in the S ta te of Queensland bu t th i s method of calculat ion shall be reviewed in J a n u a r y 1931 and if ano the r method of calculat ion is not then agreed upon shall cont inue un t i l such agreement is reached.

Legislation to Ratify Agreement. The Rai lway Commissioners for New Sou th Wales and The Com­

missioner for Rai lways (Queens land) shall endeavour to ensure legis­la t ion to have th i s Agreement ratified by the P a r l i a m e n t s of N e w South Wales and Queensland respectively and for purposes connected therewi th .

Period of Operation of Agreement. This Agreement shall take effect on t he opening of the ra i lway

from Kyogle to Sou th Br isbane and shall r emain i n force for t h e period of th ree years thereaf ter provided tha t e i ther of the pa r t i e s hereto- may at any t ime and on any day d u r i n g the currency of t h e first two years and n ine months of this Agreement t e rmina te i t by

g iv ing

giv ing three mon ths ' not ice in wr i t i ng to the other par ty and after t he expira t ion of the said two years and n ine mon ths the Agreement if sti l l in operat ion shall con t inue and remain i n force for an indefinite period subject to t e rmina t i on by e i ther pa r ty g iv ing three mon ths ' notice i n w r i t i n g a t any t ime and on any day to t he other pa r ty as abovementioned.

I n witness whereof the Common Seals of the Rai lway Commis­sioners for New Sou th Wales and of The Commissioner for Rai lways h a t h been respectively he reun to affixed.

The Common Seal of Ra i lway Commis­sioners for N e w Sou th Wales h a t h been he reun to duly affixed th i s six­t een th day of September one thou­sand n i n e h u n d r e d a n d t h i r t y i n the presence of—

W. H . N E W M A N , Secretary .

W. J . C L E A R Y , O. W. B R A I N .

(L .S . )

The Common Seal of the Commissioner for Ra i lways h a t h been hereun to duly affixed th i s n ine teen th day of September one thousand n ine hun­dred and th i r ty in the presence of—

C. A. MuRToy, Secretary-

J . W. D A V I D S O N . (L .S . )

S E C O N D S C H E D U L E .

AGREEMENT ( supplemental to the Agreement entered into between Rai lway Commissioners for New Sou th Wales a n d T h e Com­missioner for Rai lways of the S ta te of Queens land respect ing the operat ion of the Graf ton-Kyogle to Sou th Br i sbane ra i lway (here inaf ter referred to as the A g r e e m e n t ) ) executed on the dates here inaf ter respectively ment ioned between the Commissioner for Ra i lways of the S ta te of New Sou th Wales successor to the abovement ioned Rai lway Commissioners for N e w South Wales (here inaf ter called The Commissioner for Rai lways (New South Wa le s ) ) of the one pa r t and the Commissioner for Ra i l ­ways of the S ta te of Queens land (hereinaf ter called The Com­missioner for Rai lways (Queens l and ) ) of the other par t Whereby i t is agreed and declared as follows:—

1. The agreement is hereby amended i n the following manner:— ( a ) Clause 1 i s deleted and the following clause is inserted in

l ien thereof:— Local Traffic in Queensland not to be Catered for.

The rai lway shall not unless in pursuance of an a r r angemen t in t h a t behalf by and between the par t ies hereto provide for local traffic in Queensland. T r a i n s shall be stopped and traffic conducted as directed by The Commissioner for Rai lways (Queens l and) .

T h i s

This amendmen t shall be deemed to have come into opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

(b) The heading of the second pa ragraph and the second para­graph of clause 3 are deleted and the following heading and pa rag raph arc inserted in lieu thereof:—

Drivers and Firemen to be Transferred to New South Wales.

Subject to the requi rements of clause 7 of the Agree­ment there shall from t ime to t ime be t ransfer red from the service of The Commissioner for Rai lways (Queens­land) to the service of The Commissioner for Rai lways (New South Wales) as m a n y dr ivers and firemen as on the basis of the mileage r u n on the rai lway are neces­sary for the r u n n i n g of t ra ins thereon Provided tha t if at any t ime the drivers or firemen so t ransfer red exceed in numbers those on the basis of the mileage r u n on the rai lway necessary for the r u n n i n g of t r a ins thereon one or more as the case m a y require of t he drivers and of the firemen so t ransferred shall be re- t ransferred to t he service of The Commissioner for Rai lways (Queens­l and) and unless otherwise mutua l ly agreed re- transfer shall he made of the jun io r m a n or men in the respec­t ive grades Provided also tha t t ransfer red drivers and firemen whilst in the service of The Commissioner for Rai lways (New South Wales) may be employed as and where required by The Commissioner for Rai lways (New South Wales ) .

This amendment shall be deemed to have come into opera­t ion and to have taken effect as to three drivers and three firemen from the twenty-seventh day of September one thousand n ine hundred and th i r ty and as to drivers or fire­men in excess of three of each from the first day of J u l y one thousand n ine hundred and thirty-five.

(c) I n clause 3 the word " two" in the heading to the last pa ragraph is deleted and the following words are added to the said last p a r a g r a p h : —

Subject to the requi rements of clause 7 of the Agree­ment there shall from t ime to t ime be t ransferred from the service of The Commissioner for Rai lways (Queens­land) to the service of The Commissioner for Rai lways (New South Wales) as many addi t ional guards as on the basis of the mileage run on the railway are neces­sary for the r u n n i n g of t r a ins thereon Provided tha t if at any t ime the guards so t ransferred exceed in number those on the basis of the mileage run on the rai lway necessary for the r u n n i n g of t r a ins thereon one or more

as

as the case m a y require of the g u a r d s so t ransfer red shall be re- t ransferred to the service of The Commis­sioner for Rai lways (Queens land) and unless otherwise mutua l ly agreed re- transfer shall be made of the j u n i o r g u a r d or guards .

(d ) The words "Unless otherwise agreed by the par t ies he re to" are inser ted before the words " S h u n t i n g opera t ions" appear­ing a t the commencement of the first pa rag raph of clause 4 u n d e r the heading " S h u n t i n g a t Sou th Br isbane and Clap­h a m and between those places to be carr ied out by N e w South Wales engine and men and Queensland guard . "

(e ) I n clause 4 the last pa rag raph under the head ing "Queens­land to provide rest house a t t endan t s a t Yeerongpil ly and S o u t h Br i sbane" is deleted and the following pa rag raph is inser ted in lieu thereof:—

Res t house a t t endan t s at Yeerongpi l ly and Sou th Br i sbane shall be provided by and be unde r the control of The Commissioner for Rai lways (Queens land) .

Th i s amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the s ixth day of J u l y one thousand n ine hundred and th i r ty-one .

( f ) I n clause 5 the head ing " N i n e Gangers and th i r ty-s ix Fe t t l e r s on the Queensland Staff to be t ransfer red to N e w Sou th Wales Staff" and also the pa rag raph appear ing there­u n d e r are deleted and the following head ing and pa rag raph are inser ted in lieu thereof:—

Gangers and Fetllers for the Maintenance of the Railway to be provided by Queensland.

T h e Commissioner for Rai lways (Queens land) shall subject to the requ i rements of clause 7 of the Agree­m e n t provide the gangers and fet t lers for t he ma in t en ­ance of the rai lway and they shall from the t ime of such provision be in t he service of The Commissioner for Rai lways (New South W a l e s ) .

T h i s amendmen t shall be deemed to have come in to opera­t ion on and to have t a k e n effect f rom the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( g ) T h e first pa rag raph of clause 7 is deleted and the following p a r a g r a p h is inser ted in l ieu thereof :—

T h e t ransfer of any employee from the service of T h e Commissioner for Rai lways (Queens land) to the service of T h e Commissioner for Rai lways (New South Wales ) will only be m a d e if such employee conforms wi th t he medical and other r equ i rements except age of the N e w Sou th Wales service a n d if in any case the re be no available employee who conforms wi th such requ i re ­m e n t s t he employee in such case shall be provided by T h e Commissioner for Rai lways (New South W a l e s ) .

A n

A n employee under considerat ion for t ransfer shall be deemed to conform with the medical requi rements of t he New South Wales service in respect of physical fitness if the Queensland Rai lway Medical Officer after examin ing h im in accordance with the S t a n d a r d s of the New Sou th Wales service certifies t ha t he does so. A n y employee so t ransferred shall have his service wi th T h e Commissioner for Rai lways (Queens land) t e rmina ted and all and any r igh ts to leave and r e t i r i ng allowance or ei ther of them which may have accrued to h im if on such t e rmina t ion he had been duly re t i red shall r emain in suspense to be allowed to h im on the t e rmina t ion of his service wi th The Commissioner for Rai lways (New South Wales) or in respect of leave at such t ime as he m a y elect wi th t h e approval of The Commissioner for Ra i lways (New South Wales) to take such leave. Ser­vice wi th The Commissioner for Rai lways (New Sou th Wales) shall be according to New South Wales con­di t ions ent i rely bu t service wi th The Commissioner for Rai lways (Queens land) shall be taken into account for de t e rmin ing ra tes of pay where due according to years of service and gangers and fet t lers shall r ema in or be­come and be eligible for t ransfer to or promotion in the service of The Commissioner for Rai lways (Queens land) and any ganger or fet t ler selected for t ransfer or pro­mot ion shall be re- t ransferred to the service of The Commissioner for Rai lways (Queens land) .

T h i s amendment insofar as it relates 1o the examina t ion in respect of physical fitness by the Queensland Rai lway Medical Officer of employees unde r considerat ion for t r ans ­fer shall be deemed to have come in to operat ion on and to have taken effect f rom the twelfth day of October one thousand n ine hundred and th i r ty-one.

( h ) I n clause 7 the following pa rag raph under the head ing "Con­di t ions of Trans fe r of Queensland Employees to New Sou th Wales staff" is deleted :—

A n y service wi th the Ra i lway Commissioners for N e w Sou th Wales of any employee t ransfer red from Queens­l and shall not be regarded for any purpose whatsoever as service wi th or u n d e r T h e Commissioner for Ra i l ­ways (Queens land) .

( i ) The last pa rag raph of clause 7 u n d e r the head ing "Cond i ­t ions of F i l l i ng Vacancies in Pos i t ions Fi l led by Transfe r red Employees" is deleted and the following pa rag raph is in ­serted in l ieu thereof:—

A n y vacancy a r i s ing from the death , res ignat ion , dis­missal , r e t i r emen t or re- t ransfer to the service of T h e Commiss ioner for Ra i lways (Queens land) of an em­ployee t ransfer red from the service of The Commis­sioner fcr Rai lways (Queens land) to the service of the

Commissioner

Commissioner for Rai lways ( N e w South Wales) shall be filled by an employee selected from the staff of or provided by The Commissioner for Rai lways (Queens­land) who conforms wi th the requ i rements of th i s clause and who shall subject in all respects hereto be t r ans ­ferred to the service of The Commissioner for Rai lways (New South Wales ) .

( j ) The heading "Queens land T r a i n Control Officer to Control R u n n i n g of t r a ins on Queensland Sec t ion" in clause 8 and the first pa rag raph the reunder are deleted and the following head ing is subs t i tu ted in lieu of t h a t deleted, viz., "Com­missioner for Rai lways (Queens land) may suspend New South Wales Officers." The word " t h i s " where i t occurs between the words "of" a n d " ra i lway" in t he second para­graph under the said heading is deleted and the word " t h e " is inser ted in l ieu thereof.

These amendmen t s shall be deemed to have come in to operat ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

(k) I n clause 9 the head ing " D e m u r r a g e , De ten t ion and Diver­sion Charges to be in accordance wi th N e w South Wales R a t e s " and also the pa rag raph appear ing the reunder are deleted and the following heading and pa rag raph are inser ted in l ieu thereof:— .

Demurrage, Detention and Diversion Charges.

Demur ra ge , detent ion and diversion charges to the public shall be in accordance wi th by-laws made by T h e Commissioner for Rai lways (New South W a l e s ) . Demur­rage charges shall be allocated to the New South Wales por t ion of the Graf ton-Kyogle to Sou th Br i sbane l ine. De ten t ion charges shall be credited to the rai lway. Charges for diversions effected at Clapham shall be allocated equally between the rai lway and The Commis­sioner for Rai lways (Queens l and) . Charges for diver­sions effected at Sou th Br isbane s ta t ion connected wi th the ra i lway shall be allocated to the rai lway. The ra i l ­way shall not be credited wi th any por t ion of charges for diversions effected at s ta t ions on the New South Wales por t ion of the Graf ton-Kyogle to Sou th Br isbane l ine. N o demurrage charges shall be payable by The Com­missioner for Rai lways (Queens land) to The Commis­sioner for Rai lways (New South Wales) except those collected from the publ ic . The Commissioner for Ra i l ­ways (Queens land) or any officer author ised by h im may wholly or par t ia l ly r emi t any demur rage charge .

(1)

(I) Clause 11 and the head ing there to are deleted and the following- clause and heading are inser ted in lieu thereof:—

Availability of Leave and Privilege Passes.

11. Travel on the rai lway on an annua l leave or a privilege pass will only be permi t ted if and as agreed upon between The Commissioner for Rai lways (Queens­land) and The Commissioner for Rai lways ( N e w South Wales ) .

This amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( m ) The second, t h i rd and four th pa rag raphs of clause 12 under the heading "Ra tes and F a r e s " are deleted.

( n ) Af te r the pa ragraph of clause 12 headed "Excurs ion T icke t s" the following heading and pa rag raph are inser ted: ; —

Train Mileage.

I n th is agreement the t e r m " t r a i n mi leage" shall not include mileage r u n by a l ight engine, an assis t ing engine or a s h u n t i n g engine.

Th i s amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

(o) I n clause 13 the second pa rag raph under the heading "Sig­nal l ing B r a n c h E x p e n d i t u r e " is deleted.

This amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

(p ) I n clause 13 the i tems " In ju r i e s to employees and others Ac tua l cost" "Othe r expenses Ac tua l cost" in the fifth para­g raph under the bead ing "Locomotive B r a n c h Expend i ­t u r e " are deleted.

(q) I n clause 13 the words " O n the basis of mileage r u n by each class of engine on the rai lway and between Graf ton and the Border respectively" are added to the las t pa rag raph under the heading "Locomotive B r a n c h Expend i tu r e . "

Th i s amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( r ) I n clause 13 the words " O n the basis of mileage r u n by each type of carr iage on the rai lway and on the New South Wales

por t ion

por t ion of the Graf ton-Kyogle to Sou th Br isbane l ine respec­t ive ly" are added to the pa rag raph under the heading "Cost of Car r iage Repa i r s . "

T h i s amendmen t shall be deemed t o have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

(s) I n clause 13 the pa rag raph under the head ing "Cost of W a g o n R e p a i r s " is deleted and the following pa ragraph is inser ted in lieu thereof:—

T h e cost of wagon repa i rs shall be computed by mul t ip ly ing the gross ton miles of the types of vehicles r u n on the Graf ton-Kyogle to Sou th Br isbane l ine of ra i lway by the ascer ta ined repai r cost per gross ton mile of those types of vehicles over the whole system operated or to be operated by The Commissioner for Rai lways (New South Wales) for t he previous financial qua r t e r and shall be d i s t r ibu ted each m o n t h on the basis of the gross ton mileage of the types of vehicles r u n on the rai lway and between Graf ton and the Borde r respectively.

Th i s amendmen t shall be deemed to have come in to opera­t ion and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( t ) In clause 13 the following p a r a g r a p h u n d e r the heading" "Traffic B ranch E x p e n d i t u r e " is de le ted:—

Guards and Conductors .—The actual wages and expenses of the guards and conductors working on the sections Graf ton to the Border and the Border to South Br i sbane plus the ascer ta ined percentage cost of holidays of guards a n d conductors to the direct wages for the previous qua r t e r for the whole system operated or to be operated by The Rai lway Com­missioners for New Sou th Wales .

and the following pa rag raph is inser ted in lieu thereof:—

Guards and Conductors .—The actual wages and expenses of the guards and conductors work ing on t h e sec­t ions Graf ton to the Border and the Border to Sou th Br i sbane plus the ascer ta ined percentage cost of holidays of guards and conductors to the d i rec t wages for the previous qua r t e r for the whole system operated or to be operated by The Commissioner for Ra i lways (New South Wales) and plus the cost of uni fo rms and supplies which la t te r shall be debited to the pa r t s of the Graf ton-Kyogle to Sou th Br i sbane l ine of ra i lway in New South Wales and Queens land

respectively

respectively on the basis of the traffic t r a i n miles r u n each mon th on each pa r t mul t ip l ied by the cost per t r a i n mile of un i forms and supplies for s team service guards and conductors on the whole system operated or to be operated by T h e Commissioner for Railways (New South Wales) for t he previous financial quar te r .

T h i s amendmen t shall be deemed to have come in to opera­t ion on and to have t aken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( u ) I n clause 13 both the paragraphs u n d e r the head ing "Repa i r s and Renewals to Ta rpau l in s and Lash ings" are deleted and the following pa rag raph is inser ted in lieu thereof:—

The cost of repa i rs and renewals to t a rpau l ins a n d lashings shall be computed on the basis of the ra t io of general goods contents ton miles for the Graf ton-Kyogle to S o u t h Br isbane l ine of ra i lway to the general goods contents ton miles for the whole system operated or to be operated by The Commissioner for Rai lways (New Sou th Wales) for the previous financial qua r t e r and shall be d is t r ibuted each m o n t h on the basis of the general goods contents ton miles for the rai lway and for t he New South Wales por t ion of the Graf ton-Kyogle to South Br isbane l ine.

T h i s amendment shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand n ine hundred and th i r ty .

( v ) I n clause 13 the head ing "Loss of and Damage to P r o p e r t y and Goods. Compensat ion P e r s o n a l " and the pa rag raph the reunder are deleted and the following heading and para ­graphs are inser ted in lieu thereof:—

Compensation in respect of Properly, Goods and Livestock.

A, Save as hereinaf ter expressly provided in respect of Clapham any payment of compensat ion a r i s ing out of any occurrence in respect of proper ty goods or live­stock or any of them delivered for car r iage or in t r a n s i t or which have been carr ied between a s ta t ion in Queens­land and a s ta t ion in another S t a t e by a t r a i n on any pa r t of the Graf ton-Kyogle to Sou th Br isbane Rai lway sha l l—

(a ) If it is agreed between the par t ies hereto tha t the place of such occurrence was on the Graf ton-Kyogle to South Br isbane Rai lway be debited to the rai lway and the New South Wales por t ion

of

of the Graf ton-Kyogle to Sou th Br isbane Rail-way on the basis of the in te r s ta te t r a i n mileage on each respectively for the previous financial quarter.

(b) If the place of such occurrence is not agreed upon between the par t ies hereto, be apport ioned on a route mileage basis between the last point at which the proper ty goods or livestock were t r ansh ipped in t ac t or if none then the loading point and the point a t which the happening of the occurrence is discovered and the compensa­t ion debited to the Graf ton-Kyogle to Sou th Bris­bane Rai lway shall be appor t ioned to t he railway and to the New South Wales por t ion of the Graf ton-Kyogle to Sou th Br i sbane Railway on the basis of the in te r s t a te t r a i n mileage on each respectively for the previous financial quarter but in no case ment ioned in ei ther of the preceding subclauses (a ) or (b) shall paymen t be made without the concurrence of both of the parties hereto unless it be made in accordance with a de te rmina t ion of a jud ic ia l t r ibuna l .

B . Clapham. (a ) Any payment of compensat ion a r i s ing out of any

occurrence in connect ion wi th the s h u n t i n g of Queensland t rucks shal l be debited t o The Com­missioner for Rai lways (Queens l and) .

(b) A n y paymen t of compensat ion ar i s ing out of any occurrence in connect ion wi th the s h u n t i n g of New South Wales t rucks shall be distributed between the l ine of ra i lway from Graf ton to the Border and the ra i lway on the basis of the inter­s ta te t r a i n mileage on each respectively for the previous financial quar te r .

(c) A n y paymen t of compensat ion a r i s ing out of any occurrence i n connect ion wi th t r ansh ipp ing shall be apport ioned equally between The Commis­sioner for Rai lways (Queens land) and the rail­way.

C. Any paymen t of compensat ion in respect of pro­per ty other t h a n t h a t delivered for car r iage or in transit or which has been car r ied a r i s ing out of any occur­rence on the Graf ton-Kyogle t o Sou th Br i sbane Railway shal l—

(a ) If the occurrence arose ou t of any inc ident con­nected wi th the movement of t r a i n s in the con­veyance of persons proper ty goods or l ivestock between a s ta t ion in Queens land and a station

in

in another S ta te , be d is t r ibu ted between the ra i l ­way and the New South Wales por t ion of the Graf ton-Kyogle to Sou th Br isbane Railway on the basis of the in te r s ta te t r a i n mileage on each respectively for the previous financial quar te r bu t in such a case no paymen t shall be made wi th­out the concurrence of both of the par t ies here to unless it be made in accordance wi th a de te rmina­t ion of a judic ia l t r ibuna l .

(b) If the occurrence arose out of any incident no t connected wi th the movement of t r a in s be debited aga ins t tha t section of the Graf ton-Kyogle to South Br i sbane Railway located in the S t a t e in which the inc ident occurs.

(w) I n clause 13 the head ing ' ' In ju r ies to Employees—Other Expenses" and both the pa ragraphs the reunder are deleted and the following headings and pa ragraphs are inser ted in lieu thereof:—

Compensation Personal.

Any payment in connection with the dea th of or in jury to any passenger, other person, or employee if a r i s ing out of any occurrence on the Graf ton-Kyogle to Sou th Br isbane Railway shal l—

(a) If the occurrence arose out of any incident con­nected with the movement of t r a in s in the con­veyance of persons proper ty goods or livestock between a s ta t ion in Queensland and a s ta t ion in another S t a t e be debited to the Graf ton-Kyogle to South Br i sbane Railway and d is t r ibu ted between the ra i lway and the New South Wales port ion of the Graf ton-Kyogle to Sou th Br isbane Ra i lway—

(1) I n respect of any such payments debitable to Locomotive Branch accounts on the basis of the in te rs ta te engine mileage on each respectively for the previous financial q u a r t e r

(2) I n respect of any such payments debitable to the Traffic B r a n c h Accounts on the basis of the in te r s ta te t r a i n mileage on each respectively for the previous financial quar te r

but in such a case no payment will be made wi th­out the concurrence of both of the par t ies hereto unless it be made in accordance wi th a de te rmina­t ion of a judic ia l t r ibunal .

(b)

(b) If the occurrence arose out of any inc ident no t connected with the movement of t r a in s be debited aga ins t t h a t por t ion of the Graf ton-Kyogle t o Sou th Br i sbane Rai lway located in the S ta te i n which the incident occurs.

Other Expenses (as set out in the Classification of Working Expanses Accounts).

The actual coat in respect of the Graf ton-Kyogle to Sou th Br isbane Rai lway shall be d is t r ibuted between t h e l ine of rai lway from Graf ton to the Border and t h e rai lway.

1. I n respect of any such payments debitable to Loco­motive Branch Accounts on the basis of the in te r ­s ta te engine mileage on each respectively for t h e previous financial quar te r .

2. I n respect of any such payments debitable to t he Traffic Branch Accounts on the basis of the in te r ­s ta te t r a i n mileage on each respectively for t he previous financial quar te r .

(x ) I n clause 13 the following words in the pa ragraph under t he heading ' 'Cost of Work ing Casino Refreshment Room" are dele ted:—

but th i s allocation shall be reviewed one year after t h i s agreement takes effect and unless an allocation upon another basis is agreed upon th is allocation shall con­t i n u e un t i l such agreement is reached.

(y) In clause 13 the following new heading and paragraph are inser ted immediate ly following the p a r a g r a p h headed "Cost of Work ing Casino Refreshment R o o m " : —

Casino Railway Station and Locomotive Depot— Maintenance Costs.

The ma in tenance cost." in connect ion wi th the s ta t ion and locomotive depot at Casino shall be divided between the New South Wales por t ion of the Graf ton-Kyogle t o 'South Br i sbane Rai lway and The Commissioner for Rai lways (New South Wales) in the propor t ion t h a t the cont r ibu t ion by New South Wales towards the capi ta l cost bears to the to ta l capi tal cost of the said s ta t ion and depot.

Th i s amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the first day of J u l y one thousand n ine hundred and th i r ty- two.

(z)

(z) I n clause 13 the pa rag raph under the head ing "Genera l Charges" is deleted and the following pa rag raphs are inser ted in lieu thereof:—

The cost of New South Wales general charges shall be calculated on the basis of the amoun t per t r a i n mi le of such charges for the previous financial qua r t e r on t he whole system operated or to be operated by The Com­missioner for Rai lways (New South Wales) mul t ip l ied by the t r a i n miles r u n each mon th on the l ine of ra i lway from Graf ton to the Border and the rai lway respec­tively.

A propor t ion of the Queensland general charges in the ra t io of the direct expendi ture on the rai lway to the total direct expendi ture for the whole system operated or to be operated by The Commissioner for Railways (Queens land) shall be charged to the rai lway.

This amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the twenty-seventh day of September one thousand nine hundred and th i r ty .

(aa) I n clause 13 the following new headings and pa rag raphs are inser ted immediate ly following the pa rag raph headed "Genera l Cha rges " :—

Freight on the conveyance of material chargeable to Working Expenses.

I n respect of the conveyance of any mate r ia l charge­able to Working Expenses used in the operat ion and main tenance of the Graf ton-Kyogle to Sou th Br i sbane Rai lway freight at "Rai lway Const ruc t ion M a t e r i a l " ra tes in operat ion for the t une being in the Sta tes con­cerned shall be levied for the whole mileage over which such mater ia l is conveyed in the respective S ta te s whether on the Grafton-Kyogle to Sou th Br isbane Rai l ­way or any other rai lway and shall be debited to t he rai lway or to the l ine of ra i lway between Graf ton and the Border accordingly as such mate r ia l is used on e i the r of them. I n credi t ing such freight charges the credits shall be apport ioned on the same basis as ord inary revenue.

I n respect of the haulage over any par t of the Graf ton-Kyogle to South Br i sbane Railway of mate r ia l charge­able to W o r k i n g Expenses and used in the operat ion and ma in tenance of the New South Wales Rai lways (excluding the Grafton-Kyogle to South Br isbane Bai l -way) or any other S ta te rai lways freight will be debited to the New South Wales rai lways (excluding t h e

Graf ton-Kyogle

Graf ton-Kyogle to Sou th Br i sbane Ra i lway) or other S t a t e ra i lways as the case may be a t the "Ra i lway Cons t ruc t ion M a t e r i a l " ra tes in operat ion for the t ime being i n the S ta tes in which the traffic is conveyed. I n credi t ing freight charges on such mate r ia l the amounts to be credited shall be apport ioned on the same basis as ordinary revenue.

Freight on material chargeable to Capital.

F r e i g h t on ma te r i a l chargeable to Capi ta l will be debited and credi ted on the same basis and a t the same ra tes as are provided for in regard to ma te r i a l chargeable to "Working Expenses.

These amendment s shall be deemed to have come in to operat ion and to have taken effect f rom the first day of May one thousand n ine hundred and th i r ty- three .

(bb) I n clause 13 both the pa ragraphs u n d e r the heading "Cost of Work ing Graf ton-Cas ino and Sou th Br isbane S t a t i ons" are deleted and the following pa ragraphs are inser ted in lieu thereof:—

Grafton and Casino.—The month ly expendi ture at the s ta t ions at Graf ton and Casino shall be d is t r ibuted each m o n t h according to the propor t ion ascer ta ined by t a k i n g the number of t r a in s (excluding l ight and ass is t ing engines) handled at each s ta t ion each mon th in connect ion wi th the Graf ton-Kyogle to South Br i sbane l ine of ra i lway in re la t ion to the number of t r a in s (excluding l ight and assis t ing engines) handled otherwise.

South Brisbane.—The ac tua l cost of the staff employed a t and of stores supplied to the p a r t of t he s ta t ion used in connect ion wi th the Graf ton-Kyogle to Sou th Br is ­bane l ine of ra i lway and of the addi t ional s igna lman at Yeerongpil ly shall be charged to the ra i lway. Other expendi ture apport ionable to the ra i lway shall be d is t r ibu ted according to the propor t ion ascer ta ined by t a k i n g the n u m b e r of t r a i n s (excluding l ight and assist­i ng engines) handled each m o n t h at the p a r t of the s ta t ion used in connect ion wi th the Graf ton-Kyogle to South Br i sbane l ine of ra i lway in re la t ion to t he number of t r a i n s (excluding l ight and ass is t ing engines) handled at t he par t of the s ta t ion no t used in connec­t ion wi th the said l ine of rai lway.

These amendmen t s shall be deemed to have come in to operat ion on and to have t aken effect from the twenty-seventh day of September one thousand n ine hundred and thirty.

(cc)

(cc) ]n clause 13 the heading "Depreciation—How to he Esti­mated" and the whole of the paragraphs and items there­under are deleted and the following heading, paragraph and items are inserted in lieu thereof:—

Depreciation (to provide for renewals, replacements and obsolescence).

Depreciation (to provide for renewals, replacements and obsolescence) to be calculated on the following bases:—

Rolling Stock.

Est

imat

ed L

ife.

Yea

rs.

Rate per cent, per annum

after allowing

for residual value.

Locomotives

Carriages . . .

Wagons

Permanent W a y -

Rails and Fastenings

Sleepers . . .

Workshops...

Machinery ...

Stations anc other Build­ings.

Bridges

30

35

35

25

20

50

15

50

60

2-666

2-714

2-786

3-30

5 0 0

1-90

6-33

1-935

1-631

To be distributed each month on the same bases as are previously herein set out under the headings of Repairs to Engines, Car­riages and Wagons.

To be distributed each month on the basis of the actual capital cost in each State.

To be computed on the cost per train mile for the previous financial quarter for the whole system operated or to be operated by the Com­missioner for Railways (New South Wales) applied to the train miles run on the portions of the said line of railway in New South Wales and Queensland respec­tively.

To be distributed each month on the basis of the actual capital cost in each State.

To be distributed each month on the basis of the actual capital cost in each State.

(dd)

(dd) I n clause 13 t h e head ing " S i n k i n g F u n d — N o debit to be m a d e aga ins t " and the pa rag raph the reunder are deleted and the following head ing and pa rag raph are inser ted in l ieu thereof:—

Sinking Fund Charges.

I f S ink ing F u n d charges in respect of the capi ta l debt of t he N e w South Wales Rai lways System be debited aga ins t the Commissioner for Rai lways (New South Wales) a propor t ion of such charges re la t ing to rol l ing stock, workshops, machinery , a n d to the vote for the purchase of stores, shall be debited agains t the gross ea rn ings of the Graf ton-Kyogle to Sou th Br isbane Rai l ­way and shall be calculated and d is t r ibu ted month ly in the same m a n n e r as in teres t charges, and in considera­t ion of such s ink ing fund paymen t s the capi ta l cost of assets and the interest paymen t s in respect thereof unde r the next succeeding clause shall be correspondingly reduced.

(ee) I n clause 13 the following words in the p a r a g r a p h u n d e r the heading " E a r n i n g s of Ref reshment Room—Cas ino" are de le ted :—

but th i s al location shall be reviewed one year after th is agreement takes effect and unless an allocation upon another basis is agreed upon th is al location shall con­t i nue un t i l such agreement is reached.

(ff) I n clause 13 t h e following words are added to the para ­graph under the heading " E a r n i n g s from Sleeping B e r t h s " : —

I n cases where sleeping cars for which sleeping be r th t ickets are issued do not r u n over the rai lway and other accommodat ion for sleeping car passengers is subs t i tu ted , the railway shall be credited with a sum equivalent to t he charge made for the reservat ion of a seat in an ord inary s i t t ing car on the Br isbane-Sydney express t r a ins for each sleeping ber th t icket issued to passengers t ravel ­l ing from Queensland.

T h i s amendmen t shall be deemed to have come in to operation on and to have taken effect from the twenty-second day of Augus t one thousand n ine hundred and th i r ty - th ree .

( g g ) I n clause 13 the following words are added to the p a r a g r a p h u n d e r t he head ing " E a r n i n g s from Reserved Sea t T i c k e t s " : —

I n respect of bookings in lounge cars other t h a n free seat bookings for sleeping car passengers the S t a t e per forming the booking shall receive for each such booking a sum equivalent to the charge made for t h e reservat ion of a seat in an ord inary s i t t ing car on t h e

Br i sbane-Sydney

Brisbane-Sydney express t r a ins plus i ts mileage propor­t ion of the balance of the charge made for lounge car seats .

This amendmen t shall be deemed to have come into opera­t ion on and to have taken effect from the twenty-second day of A u g u s t one thousand n ine hundred and th i r ty- three .

( h h ) I n clause 13 the pa ragraph under the heading "Car r i age of M a i l s " is deleted and the following pa rag raph is inser ted in lieu hereof:—

T h e revenue from the carr iage of mai ls shall be d is t r i ­buted month ly by T h e Commissioner for Rai lways (New South Wales) to the l ine of ra i lway from Graf ton to the Border and by The Commissioner for Rai lways (Queens land) to the rai lway on the basis of the rou te mileage separa t ing the points between which the mai ls are conveyed.

T h i s amendmen t shall be deemed to have come in to opera­t ion on and to have taken effect from the first day of J u l y one thousand n ine hundred and thirty-five.

( i i ) The following new head ing and clause are inser ted immedi ­ately following the pa rag raph in clause 13 headed "Car r i age of M a i l s " : —

Description of Parties.

I n the agreement any reference to The Commissioner for Rai lways (Queens land) or The Rai lway Commis­sioners for New Sou th Wales shall be deemed to include the i r respective successors and in th i s Agreement any reference to The Commiss ioner for Rai lways (Queens­l and) or The Commissioner for Rai lways ( N e w Sou th Wales) shall include the i r respective successors.

2. Except where he re in otherwise declared the a m e n d m e n t s to t he A g r e e m e n t made by th is Supplementa l Agreement shall come i n to opera t ion on and take effect from the first day of Ju ly one thousand nine hundred and thirty-five.

I n witness whereof the Common Seals of the Commissioner for Rai lways (New South Wales) and The Commissioner for Rai lways (Queens land) have been respectively hereunto affixed.

T h e Common Seal of the Commissioner for Rai lways (New South Wales) h a t h been he reun to du ly affixed th i s 3rd day of J a n u a r y , one thousand n ine hundred and th i r ty-s ix in the presence of—

W . H . N E W M A N , Secre tary for Rai lways .

M

T. J . HARTICAN. (L.S.)

The

The Common Seal of the Commissioner for ] Railways (Queensland) hath been here- J unto duly affixed this ISth day of >• October one thousand nine hundred and j thirty-five in the presence of— j

C. A. MORTON, Secretary.