Document ID: chunk:federal_register_of_legislation:C2012C00254:section:19:p4
Version: federal_register_of_legislation:C2012C00254
Segment Type: section
Provision Reference: s 19 (pt 4/6)
Character Range: 18123–20900

at present in force payable by the State when constructing State railways.
        (d) At the time of such surrender authorize by legislation the Commonwealth, in the same way and to the same extent as in the last preceding sub‑clause mentioned to do all that is necessary to enable the Commonwealth to construct or cause to be constructed a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper by a route to be determined by the Parliament of the Commonwealth and to maintain and work such railway when constructed.
        (e) At the time of such surrender authorize by legislation the Commonwealth for the purpose of constructing the said railways to exercise at least all the powers and privileges held by the State in the Railway Construction Acts at present in force in the State of South Australia as if the railways referred to were being constructed by the State.

     (3) In consideration of the Commonwealth becoming responsible for the indebtedness of the State in respect of the Northern Territory in manner before mentioned the State hereby releases the Commonwealth from the liability imposed by the Commonwealth of Australia Constitution Act on the Commonwealth to compensate the State for any State properties within such Northern Territory vested in the Commonwealth in connexion with any departments of the State transferred to the Commonwealth under the provisions of the said Constitution.

     (4) This Agreement shall not in any way be binding until and unless approved by the respective Parliaments of the Commonwealth and the State and legislation is passed enabling the Commonwealth and the State to legally carry out the aforesaid surrender and acceptance of the Northern Territory and the Parliament of the State has consented to the acquisition by the Commonwealth of the Port Augusta Railway and to the construction by the Commonwealth of the other railways in South Australia proper mentioned in this Agreement on the terms hereinbefore mentioned.

     (5) When any dispute or matter authorized or directed by this Agreement to be settled by arbitration shall have arisen then unless the parties hereto concur in the appointment of a single arbitrator such matter shall be referred for decision to two arbitrators one to be appointed by the Prime Minister for the time being of the Commonwealth and one by the Premier for the time being of the State and such arbitration shall be subject as nearly as practicable to the laws relating to arbitration in force in the State.

DEFINITIONS
    In this Agreement unless the contrary intention appears—

    "The Northern Territory" means so much of the State of South Australia as lies to the