Government Railways Amendment Act 1968
Government Railways Amendment Act 1968
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Government Railways Amendment Act 1968
Government Railways Amendment Act 1968
Public Act |
1968 No 40 |
|
Date of assent |
25 November 1968 |
|
Contents
An Act to amend the Government Railways Act 1949
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Government Railways Amendment Act 1968, and shall be read together with and deemed part of the Government Railways Act 1949 (hereinafter referred to as the principal Act).
2 Power of General Manager to purchase and authorise sale of liquor on railway
(1)
The principal Act is hereby further amended by inserting, after section 14, the following section:
“14A.
“(1)
Subject to the provisions of this section, the General Manager may from time to time—
“(a)
Purchase such quantities of liquor of any description as may be necessary for the purposes of this section:
“(b)
Establish and maintain liquor facilities in any railcar or railway carriage, or in any part of any railcar or carriage, that is suitably constructed and equipped for the purpose:
“(c)
During such hours as he may determine and subject to such terms and conditions as he may direct, authorise and make provision for the sale and disposal of any liquor so purchased to any person for consumption in any such railcar or carriage.
“(2)
Where the General Manager maintains liquor facilities in any railcar or carriage, he shall designate a member of the Department to be the manager of those facilities.
“(3)
The provisions of sections 238, 243 to 248, 259 (except subsection (7)), 260, and 269 of the Sale of Liquor Act 1962 shall, so far as they are applicable and with the necessary modifications, apply to every railcar and carriage in which liquor facilities are established and maintained and to every manager designated under subsection (2) of this section in the same manner as if the railcar or carriage were licensed premises within the meaning of section 2 of the Sale of Liquor Act 1962 and as if the manager of the liquor facilities were a licensee within the meaning of that section.
“(4)
Every person commits an offence, and is liable on summary conviction to a fine not exceeding one hundred dollars, who without lawful excuse takes away from any railcar or carriage in which liquor facilities are established and maintained any liquor sold in that railcar or carriage, as the case may be.
“(5)
Every person commits an offence, and is liable on summary conviction to a fine not exceeding twenty dollars, who, in any railcar or carriage in which liquor facilities are established and maintained, consumes any liquor knowing that it has not been sold in the railcar or carriage, as the case may be.
“(6)
Where liquor facilities are established and maintained only in part of a railcar or carriage, every reference in this section to a railcar or carriage shall be construed as meaning that part of the railcar or carriage in which the facilities are established and maintained.
“(7)
For the purposes of this section—
“‘Liquor’ means liquor as defined in section 2 of the Sale of Liquor Act 1962:
“‘Liquor facilities’, or ‘facilities’, means any facilities or amenities for the sale, dispensing, supply, or consumption of liquor:
“‘Sale’ includes keeping for sale, exposing for sale, and offering for sale.”
(2)
Section 3 of the Sale of Liquor Act 1962 is hereby amended by adding to subsection (2) the following paragraph:
“(f)
Except as expressly provided in section 14A of the Government Railways Act 1949, to any person who supplies, keeps for sale, or sells any liquor in any part of a railcar or railway carriage in which the General Manager of Railways for the time being maintains liquor facilities pursuant to that section.”
(3)
Section 3E of the Police Offences Act 1927 (as inserted by section 3(1) of the Police Offences Amendment Act (No. 2) 1960) is hereby amended by inserting, after subsection (1), the following subsection:
“(1A)
Nothing in subsection (1) of this section shall apply to any person in any part of a railcar or railway carriage in which the General Manager of Railways for the time being maintains liquor facilities pursuant to section 14A of the Government Railways Act 1949.”
3 Restaurant licences under the Sale of Liquor Act in respect of railway restaurants
(1)
The principal Act is hereby further amended by inserting, after section 14A (as inserted by section 2 of this Act), the following section:
“14b.
“(1)
The General Manager, or any restaurant manager nominated by him, may from time to time apply under section 107 of the Sale of Liquor Act 1962 to the Licensing Control Commission for a restaurant licence in respect of any railway station restaurant. In making any such application it shall not be necessary to comply with the requirements of subsection (2) of the said section 107; but subject to the provisions of subsection (2) of this section all the other provisions relating to the application for, and the granting and issuing of, a restaurant licence under the said Sale of Liquor Act shall apply so far as they are applicable.
“(2)
Where a licence is applied for under subsection (1) of this section, the licensee of any licensed restaurant may object under section 109 of the Sale of Liquor Act 1962 to the granting of the licence on any ground specified in that section or on the ground that his restaurant business will be prejudicially affected if the licence is granted. Where any such licensee makes such an objection, the Commission shall, in addition to the considerations to which it must have regard under section 110 of the Sale of Liquor Act 1962, have regard to the effect that the licence might have on the business of the objector, if the Commission thinks it fair and equitable to do so, having regard to all the circumstances of the case.
“(3)
If the Commission decides to grant the application, it may, notwithstanding the provisions of section 65 of the Sale of Liquor Act 1962,—
“(a)
Authorise the General Manager, or the restaurant manager, as the case may be, to sell and serve table wine, beer, and stout in the restaurant to any person actually partaking of a meal therein, for consumption by that person as part of the meal on any day at any time between such hours, being not earlier than ten o’clock in the morning and not later than eleven o’clock at night, as the Commission may order:
“(b)
Modify the requirements of the said section 65 relating to the minimum number of meal courses of which a person is to partake when consuming liquor in the restaurant.
“(4)
The opening and closing times for the sale and service of liquor in the restaurant shall be specified in the licence.
“(5)
The Commission may from time to time, on the application of the licensee, make an order varying, within the limits specified in paragraph (a) of subsection (3) of this section, the hours within which liquor may be sold and served under the licence; and the provisions of the licence shall be read subject to any such order.
“(6)
Where any restaurant licence is issued in respect of a railway station restaurant, the provisions of paragraph (c) of subsection (2) of section 65 of the Sale of Liquor Act 1962 shall not apply; but it shall be a condition of the licence that every bottle or other container in which liquor is supplied in the restaurant, and every vessel used for the consumption of liquor, shall be removed not later than the expiration of half an hour after the closing time or times specified in the licence.
“(7)
No more than five restaurant licences may be in force in respect of railway station restaurants at any one time.
“(8)
Subject to the provisions of this section and of any order made by the Commission under this section, while a restaurant licence continues in force in respect of any railway station restaurant, all the provisions of the Sale of Liquor Act 1962, so far as they are applicable to licensed restaurant premises, and with all necessary modifications, shall apply in respect of the restaurant.”
(2)
Section 27 of the principal Act is hereby consequentially amended by inserting in paragraph (g), before the words “Gives or offers to give any intoxicating liquor”
, the words “Except when acting in the course of his duties in connection with the purchase, sale, or disposal of intoxicating liquor pursuant to section 14A or section 14B of this Act”
.
4 Payments in respect of the railways to be made out of the Works and Trading Account
(1)
The principal Act is hereby further amended by repealing section 36 (as amended by section 19 of the Public Revenues Amendment Act 1963), and substituting the following section:
“36.
“(1)
After provision has been made from the net revenue as disclosed in the annual profit and loss account of the railways for—
“(a)
Servicing any debt incurred in respect of the railways:
“(b)
Adequate working capital and reserves for the purposes of the railways:
“(c)
The capital investment requirements of the railways,—
the General Manager shall in each financial year declare a dividend in respect of the capital of the railways of such amount as may be fixed in that behalf by the Minister of Finance. If the Minister of Finance considers that the financial position of the railways in any financial year does not warrant the declaration of a dividend, he may determine that no dividend shall be payable for that year.
“(2)
The General Manager shall from time to time pay out of the Works and Trading Account into the Consolidated Revenue Account—
“(a)
The amount of any dividend declared by him under subsection (1) of this section; and
“(b)
Such amount as may be necessary to repay any loan advanced pursuant to section 35 of this Act from the Consolidated Revenue Account to the Works and Trading Account in respect of the railways, together with any interest that may be due in respect of the loan.
“(3)
In addition to payments made out of the Works and Trading Account as aforesaid, there shall be paid out of that account—
“(a)
In accordance with the appropriation of Parliament, all money required for the purposes of the railway or of any other service lawfully undertaken by the Minister:
“(b)
Into the Loans Redemption Account, such amount as may be necessary to meet from time to time as they fall due any amounts agreed to be paid to the International Bank for Reconstruction and Development under any loan agreement in respect of any loan raised from the bank for the purposes of the railways:
“(c)
All money received by the Minister as agent for any person and payable to or by the authority of that person.
“(4)
Except as provided in paragraph (a) of subsection (3) of this section, all payments to which this section relates may be made without further appropriation than this Act.
“(5)
If, for the purposes of this Act, any question arises as to the total amount of capital money spent in respect of the railways and other services lawfully undertaken by the Minister, it shall be determined by the Governor-General by Order in Council. Any such Order in Council may from time to time be amended in like manner.”
(2)
Section 19 of the Public Revenues Amendment Act 1963 is hereby consequentially amended by repealing paragraphs (f) to (k).
5 Dismissal of members and apprentices
(1)
Section 90 of the principal Act (as amended by section 9(6) of the Government Railways Amendment Act 1956 and by section 4(2) of the Government Railways Amendment Act 1967) is hereby further amended by repealing the proviso to subsection (2).
(2)
The Government Railways Amendment Act 1956 is hereby consequentially amended by repealing so much of the Second Schedule as relates to section 90 of the principal Act.
(3)
Section 4 of the Government Railways Amendment Act 1967 is hereby consequentially amended by repealing subsection (2).
This Act is administered in the Railways Department.
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Versions
Government Railways Amendment Act 1968
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