PART VII.

Amendment of Certain Enactments.

65. —In this Part of this Act—

the expression “seasonal passenger licence” means an annual passenger licence in respect of a specified part of a year only; the word “season” in relation to a seasonal passenger licence means the specified part of a year to which such licence relates.

66. —(1) The definition of the expression “passenger road service” contained in section 2 of the Act of 1932 is hereby amended by the insertion therein of the words “or otherwise” after the words “specified route”, and the said Act shall be construed and have effect with due regard to the modification of the meaning of the said expression effected by the said amendment.

(2) A service of one or more mechanically propelled vehicles which would but for this sub-section be a passenger road service within the meaning of the Act of 1932 shall not be a passenger road service for the purposes of that Act where both the following conditions are complied with, that is to say:—

(a) each of such vehicles is engaged in carrying mails, within the meaning of the Act of 1932, under contract with the Minister for Posts and Telegraphs, and

(b) each of such vehicles has a seating capacity for not more than five persons (excluding the driver).

67. —Notwithstanding anything in sections 13 or 16 of the Act of 1932, every seasonal passenger licence which (whether by virtue of the original grant or of a renewal of such licence) is in force at the date of the passing of this Act and also on the 31st day of October 1933 shall, unless it is previously revoked under the Act of 1932 and subject to any suspension under that Act, continue in force until the first day of the season to which such licence relates next following the said 31st day of October, 1933, and shall then expire unless it is renewed by the Minister under the Act of 1932.

68. —(1) Every seasonal passenger licence granted after the passing of this Act shall commence on the first day of the season to which it relates next following the grant thereof.

(2) Every seasonal passenger licence granted after the passing of this Act shall (unless it is previously revoked under the Act of 1932 and subject to any suspension under that Act) continue in force for a period of twelve months from the date on which it commenced and shall then expire unless it is renewed under the Act of 1932.

(3) Section 13 of the Act of 1932 shall cease to apply in relation to seasonal passenger licences granted after the passing of this Act.

69. —(1) Every renewal granted after the passing of this Act of a seasonal passenger licence shall commence immediately upon the expiration of the licence or of the last renewal of the licence (as the case may be) of which it is a renewal and, unless it is previously revoked under the Act of 1932 and subject to any suspension under that Act, continue in force for a period of twelve months from the date of such commencement.

(2) Section 16 of the Act of 1932 shall cease to apply in relation to renewals of seasonal passenger licences where the renewal is made after the date of the passing of this Act.

70. —(1) The Minister may on his own motion during the currency of a passenger licence amend (whether by addition, omission or variation) in such manner as he thinks fit the conditions attached to such licence.

(2) Whenever the Minister proposes to amend, in exercise of the power conferred on him by the immediately preceding sub-section, the conditions attached to a passenger licence he shall cause a notice to be served on the licensee specifying the amended conditions which are to attach to such licence and upon service of such notice the said amended conditions shall attach to such licence.

71. —The Minister may at any time on his own motion and at his absolute discretion revoke a passenger licence if he is satisfied that such licence was obtained by fraud or misrepresentation.

72. —Where the ownership of a passenger road service has been transferred from the licensee under the passenger licence relating to such service to another person and the Minister has under section 18 of the Act of 1932 transferred such licence to such person, such licence shall be deemed to have been transferred to such person as on the date of the transfer of such ownership.

73. —A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of a passenger licence authorising him to carry on a specified passenger road service shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

74. —(1) Sub-section (4) of section 53 of the Railways Act, 1924 (No. 29 of 1924), and sub-section (2) of section 18 of the Railways (Miscellaneous) Act, 1932 (No. 3 of 1932), shall cease to have effect in relation to every business to which this section applies but nevertheless such business shall continue to be another source of revenue within the meaning of sub-section (1) of the said section 53 .

(2) In any review under section 54 of the Railways Act, 1924 , the railway tribunal shall take into consideration the manner in which every business to which this section applies is carried on and may take into account the revenue which, in the opinion of the tribunal, should be produced by the efficient and economical management of such business.

(3) This section applies to every business authorised by a merchandise licence to be carried on where the holder of such licence is the Great Southern Railways Company or a person whose merchandise road transport business is owned or controlled directly or indirectly by the Great Southern Railways Company.