The Australian National Railways Act 1975, which commenced on 1 July 1975, established an Australian National Railways Commission replacing the Commonwealth Railways Commissioner (CA 265). The nature of the Commission as stated in Section 6 of the Act is that it: (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may acquire, hold or dispose of real and personal property; (d) may sue and be sued in its corporate name. The Commission consists of a Chairman and 6 other Commissioners appointed by the Governor-General, the Chairman being appointed as a full-time Commissioner, the others as part-time Commissioners. Section 16A of the Act sets out: 'All the rights, property and assets, including moneys, that, immediately before the commencement of the Australian National Railways Act 1975, were vested in the Commonwealth Railways Commissioner are, by force of this Section, vested in the Commission'. The Act specifies that the Commission is in charge of all Commonwealth railways and associated rolling stock, wharves, stations, yards and buildings and the land upon which these are erected, all land acquired for the railways and all wires, instruments and apparatus used in connection with railways. The Commission can delegate its powers, lease railway property (up to 10 years), contract (up to $100,000) and demand tolls and has to provide the Minister with statements of all contracts and purchases. The Commission can also provide land transport (other than railways) for passengers and goods. By arrangement with any State it can connect the railways with any state railway (up to 1609 km). The Commission can supply travellers' requisites (i.e. refreshments, cigarettes etc.) and be deemed a common carrier. The general duties specified by the Act are to 'do all that is necessary or convenient for making, maintaining, altering or repairing and using the railways (and) to carry passengers and goods without negligence or delay'. The Commission has to prepare an annual report and quarterly reports for the Minister and also furnish any report or document as the Minister requires. The Commission can appoint staff and a General Manager, the latter being subject to the approval of the Minister. The Commission is also to be concerned with the construction of new railways, the making of investigations and preliminary surveys, and the submitting of them to the Minister. If a new construction is authorised by the Parliament by an Act, the Commission is appointed with the carrying out and execution of the works. The Commission has also the power to close roads and railways and prosecute any offenders in connection with travelling, carrying goods, working, trespassing, obstruction etc. The Commission could make by-laws not inconsistent with the Act. All by-laws made by the Commonwealth Railways Commissioner and in force immediately before the commencement of the Act, were to continue in force. The Australian National Railways Commission's report on the operations of the Commonwealth Railways 1974-75 mentions the proposed transfers of the South Australian non-metropolitan and Tasmanian Railways to the Australian Government. The Railways being operated at 30 June 1975 were: Trans-Australian (Port Pirie to Kalgoorlie and Port Augusta to Whyalla) Central Australia (Stirling North to Marree and Marree to Alice Springs) North Australia (Darwin to Birdum) Australian Capital Territory (Queanbeyan to Canberra) A Tarcoola-Alice Springs Railway was under construction at that time and a workshop and a laboratory were maintained at Port Augusta. In June 1976 it was expected that the structure of the Commission was soon to be reorganised into three functional units or "regions" - the Central, South Australian, and Tasmanian regions; and that the Commission would be moving its headquarters to Adelaide late in 1976. The Tasmanian, South Australian and Federal Governments entered into agreements for the transfer of the Tasmanian and non-urban South Australian Railways to the Australian National Railways Commission on 1 July 1975, but until 1 March 1978 the States continued to administer, maintain and operate the railways systems as agents acting on behalf of the Commission. On 1 March 1978 the Australian National Railways Commission assumed full control of the above States' Railways. Employees of the South Australian and Tasmanian Government Railways were given the choice of transferring to the Australian National Railways or remaining as employees of the State. During late 1976 the Commission transferred its Head Office to Adelaide. The Australian National Railways Commission 1981-82 Annual Report stated that the Commission's Executive was made up of the following: Chairman - Mr. L.E. Marks Commissioners - Dr. M.F. Bell, Dr. D. Scrafton, Mr. D.M. Fowler and Mr. C.F. Clements. General Manager - Dr. D.G. Williams. The Commission has five Assistant General Managers, each responsible for a Branch of the Commission. They are: Finance & Supply - Mr. N.B. Walkom Administration - Mr. T.M. Williams Engineering and Planning - Mr. M.L. Nayda Operations and Marketing - Mr. M.W. Gigney and Tasmania, Mr. A.F. Maddock A restructured Operations and Marketing Branch was formed during the year to work under the director of an Assistant Director Manager. Interstate freight operations and rolling stock were transferred to the National Rail Corporation in 1992, and were subsequently combined with the New South Wales Government-owned FreightCorp and sold to Toll Holdings and Patrick Corporation as Pacific National in 2001. Railway infrastructure was transferred to the Australian Rail Track Corporation in 1998. Sources: 1. 1981-82 Annual Report 2. Australian Rail Track Corporation website, www.artc.com.au, accessed 17 May 2010. 3. Commonwealth Government Directory 1998.

Historical agency address

1975-1976: 325 Collins Street, Melbourne 1975-1984: Norwich Centre, 55 King William Rd, North Adelaide 1984- : 1 Richmond Rd, Keswick SA

Legislation administered

Creation: Commonwealth Acts No 26 of 1975, Australian National Railways Act 1975