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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Administration Amendment
Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to establish a new framework for the administration and
governance of the delivery of transport services and infrastructure by public transport
agencies (such as RailCorp, RTA, the State Transit Authority and Sydney Ferries)
under the general direction of the Director-General of Transport NSW. For that
purpose, the Bill:
(a) confers on the Director-General of Transport NSW (which is currently known
as the Department of Transport and Infrastructure) specific functions in
relation to such matters as transport planning and policy, the administration of
the allocation of public funding for public transport agencies, transport
infrastructure, contracting for the delivery of public transport services,
transport services co-ordination, incident management and the provision and
deployment of staff to public transport agencies, and
(b) enables the Director-General, for the purposes of exercising his or her
functions, to give directions to public transport agencies and provides that the
chief executive of a public transport agency is to manage the affairs of the
agency in accordance with any directions of the Director-General, and
b2009-159-35.d17a
Transport Administration Amendment Bill 2010
Explanatory note
(c) consequently abolishes the Boards of management of various public transport
agencies, and
(d) changes the Transport Infrastructure Development Corporation (TIDC) and
the Rail Infrastructure Corporation (RIC) from State owned corporations to
statutory corporations having structures, accountabilities and staffing
arrangements similar to RailCorp and Sydney Ferries, and
(e) renames TIDC as the Transport Construction Authority and RIC as the
Country Rail Infrastructure Authority, and
(f) retains the Independent Transport Safety and Reliability Regulator (which will
be renamed the Independent Transport Safety Regulator as a consequence of
the changes made by the proposed Act) as the independent regulator for rail
and other transport safety and also enables the Director-General to obtain
assistance from the ITSR for his or her passenger safety responsibilities under
the Passenger Transport Act 1990, and
(g) provides for the review by the ITSR (or by the Maritime Authority of NSW in
the case of ferry services) of directions of the Director-General that may affect
the safety management systems of certain transport authorities, and
(h) provides for the abolition of the Public Transport Ticketing Corporation and
Sydney Metro as statutory corporations, but provides for their temporary
continuation for the purposes of managing their existing assets, rights and
liabilities, and
(i) consolidates and rationalises various provisions of the Transport
Administration Act 1988 (TA Act) as a consequence of the new framework for
the governance of the delivery of transport services and infrastructure by
public transport agencies, and
(j) makes amendments of a consequential, minor or administrative nature to
various other Acts and legislation.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.
Schedule 1 Principal amendments
Schedule 1.1 Transport Administration Act 1988 No 109
Schedule 1.1 [1] provides for the objects of the TA Act in so far as they relate to the
administration of the transport services provided to the people of NSW.
Schedule 1.1 [2] and [3] define the terms Director-General and Transport NSW for
the purposes of the TA Act.
Explanatory note page 2
Transport Administration Amendment Bill 2010
Explanatory note
Schedule 1.1 [4] consolidates the existing provisions of the TA Act relating to
Ministerial control over the chief executives of public transport agencies and the
Director-General in the exercise of their functions.
Schedule 1.1 [5] confers on the Director-General general functions in relation to
transport planning and policy, transport public funding, transport infrastructure,
contracting for the delivery of transport services, transport services co-ordination,
incident management, transport information, provision and deployment of transport
agency staff and services, ticketing for transport services and precinct land planning.
The Director-General also continues to have functions in relation to the provision of
light rail services and under the Passenger Transport Act 1990 (as well as under other
legislation).
Schedule 1.1 [5] also enables the Director-General to give directions to the various
public transport agencies for the purposes of exercising his or her functions. The
amendments made by Schedule 1.1 [8], [13], [16] and [20] require the Chief
Executives of RailCorp, STA, Sydney Ferries and RTA (in addition to the proposed
Transport Construction Authority and renamed Country Rail Infrastructure
Authority) to exercise their functions of managing the affairs of the agency
concerned in accordance with any such directions of the Director-General. Public
transport agencies will also be required to provide budget and other information to
enable the Director-General to exercise his or her functions. The Director-General
will also be able to delegate his or her functions in the usual manner.
Schedule 1.1 [5] also provides for the review, by either the Independent Transport
Safety Regulator (in the case of directions relating to rail services or infrastructure or
to bus services if an arrangement under proposed section 6B of the Passenger
Transport Act 1990 is in place) or by the Maritime Authority of NSW (in the case of
directions relating to ferry services), of directions of the Director-General to a
transport authority that may impact on the safety management system of the transport
authority. Such a review may be requested by either the Director-General or by the
transport authority concerned and the request operates to suspend the direction. As a
result of the review by the relevant safety regulator, the Director-General may
confirm, change or revoke the direction.
Schedule 1.1 [6] abolishes the boards of directors of RailCorp, STA and Sydney
Ferries.
Schedule 1.1 [7], [12], [15] and [19] provide for the Director-General, with the
approval of the Minister, to appoint the Chief Executives of RailCorp, STA, Sydney
Ferries and RTA. The Director-General will also appoint the Chief Executives of the
renamed Transport Construction Authority and Country Rail Infrastructure
Authority.
Schedule 1.1 [9] transfers from the Minister to the Director-General functions
relating to the corporate plans of RailCorp, STA and Sydney Ferries.
Schedule 1.1 [10], [11], [14] and [17] make consequential amendments.
Schedule 1.1 [18] establishes a Transport Advisory Council to advise the Minister
and Director-General. The new advisory council will replace the existing Transport
Advisory Group and the Roads and Traffic Advisory Council.
Explanatory note page 3
Transport Administration Amendment Bill 2010
Explanatory note
Schedule 1.1 [21] consolidates existing provisions that enable transport authorities
(including the proposed newly renamed authorities and the Director-General) to
exercise functions through public subsidiary corporations constituted by the
regulations, private subsidiary corporations or joint ventures or partnerships with the
private sector.
Schedule 1.1 [22] makes specific provision to enable the Director-General, by order,
to transfer staff from one transport authority to another transport authority, subject to
the preservation of existing remuneration and other conditions of employment on
transfer.
Schedule 1.2 Public Sector Employment and Management Act 2002
No 43
Schedule 1.2 changes the name of the Department of Transport and Infrastructure to
Transport NSW (which will continue as a Department of the Public Service with the
Director-General as the Department Head). Schedule 1.2 also creates a branch of
Transport NSW (known as the Transport Special Services Group) which will
comprise staff of Transport NSW who are not subject to Chapter 2 of the Public
Sector Employment and Management Act 2002.
Schedule 2 Amendments relating to Transport
Construction Authority (formerly TIDC)
Schedule 2.1 contains the following amendments to the TA Act:
(a) Schedule 2.1 [3] constitutes the Transport Construction Authority (which is a
continuation of, and the same legal entity as, TIDC but which will not be a
State owned corporation), specifies its functions (which are generally based on
the present functions of TIDC) and provides for the appointment by the
Director-General of a Chief Executive of the Authority who will be
responsible for managing and controlling the affairs of the Authority in
accordance with any directions of the Director-General.
(b) Schedule 2.1 [1], [2] and [7][12] are consequential on the change of name
from TIDC to the Transport Construction Authority (the TCA).
(c) Schedule 2.1 [4] enables the ITSR to monitor, audit and carry out certain other
functions in relation to the TCA.
(d) Schedule 2.1 [5] enables the TCA to employ its own staff and provides that
the staff are not part of the Government Service.
(e) Schedule 2.1 [6] provides for the establishment of the Transport Construction
Authority Fund and for the payment of money into and out of the Fund.
Schedule 2.2, 2.4, 2.5 and 2.7 amend superannuation legislation to replace
references to TIDC with references to the TCA which will continue to be an
employer for the purposes of that legislation.
Explanatory note page 4
Transport Administration Amendment Bill 2010
Explanatory note
Schedule 2.3 lists the TCA as a statutory body for the purposes of the Public Finance
and Audit Act 1983 (which also means the TCA will be subject to the usual auditing
and annual reporting requirements).
Schedule 2.6 consequentially removes TIDC from the list of statutory State owned
corporations under the State Owned Corporations Act 1989.
Schedule 3 Amendments relating to Country Rail
Infrastructure Authority (formerly RIC)
Schedule 3.1 contains the following amendments to the TA Act:
(a) Schedule 3.1 [3] constitutes the Country Rail Infrastructure Authority (which
is a continuation of, and the same legal entity as, the Rail Infrastructure
Corporation (RIC) but which will not be a State owned corporation), specifies
its functions (which are based on the present functions of RIC) and provides
for the appointment by the Director-General of a Chief Executive of the
Authority who will be responsible for managing and controlling the affairs of
the Authority in accordance with any directions of the Director-General.
(b) Schedule 3.1 [1], [2], [4] and [7][12] are consequential on the change of
name from RIC to the Country Rail Infrastructure Authority (CRIA).
(c) Schedule 3.1 [5] enables CRIA to employ its own staff and provides that the
staff are not part of the Government Service.
(d) Schedule 3.1 [6] provides for the establishment of the Country Rail
Infrastructure Authority Fund and for the payment of money into and out of
the Fund.
Schedule 3.2 replaces a reference to RIC in the definition of electricity supply
authority in the Electricity (Consumer Safety) Act 2004 with a reference to CRIA.
Schedule 3.3, 3.5, 3.6 and 3.8 amend superannuation legislation to replace
references to RIC with references to CRIA which will continue to be an employer for
the purposes of that legislation.
Schedule 3.4 lists the CRIA as a statutory body for the purposes of the Public
Finance and Audit Act 1983 (which also means CRIA will be subject to the usual
annual reporting requirements).
Schedule 3.7 removes RIC from the list of statutory State owned corporations under
the SOC Act.
Schedule 3.9 is a consequential repeal.
Explanatory note page 5
Transport Administration Amendment Bill 2010
Explanatory note
Schedule 4 Amendments relating to Sydney Metro
Schedule 4.1 contains the following amendments to the TA Act:
(a) Schedule 4.1 [15] continues Sydney Metro for the purposes of managing the
remaining assets, rights and liabilities of Sydney Metro pending its final
dissolution and provides for the Director-General to manage its affairs.
Sydney Metro is to be dissolved on a date to be proclaimed by the Governor.
(b) Schedule 4.1 [1][14] remove references to Sydney Metro from the TA Act.
Schedule 4.24.5 amend various Acts to remove references to Sydney Metro as a
consequence of the amendments made by Schedule 4.1.
Schedule 5 Amendments relating to Public
Transport Ticketing Corporation
Schedule 5.1 contains the following amendments to the TA Act:
(a) Schedule 5.1 [3] continues the Public Transport Ticketing Corporation for the
purposes of managing the remaining assets, rights and liabilities of the
Corporation pending its final dissolution and provides for the
Director-General to manage its affairs. The Public Transport Ticketing
Corporation is to be dissolved on a date to be proclaimed by the Governor.
(b) Schedule 5.1 [1], [2] and [4] remove references to the Public Transport
Ticketing Corporation.
Schedule 5.2 abolishes the separate Division of the Government Service comprising
the staff of the Public Transport Ticketing Corporation.
Schedule 6 Amendments relating to Independent
Transport Safety and Reliability
Regulator
Schedule 6.1 amends the TA Act to change the name of the regulator from the
Independent Transport Safety and Reliability Regulator to the Independent Transport
Safety Regulator (the ITSR) and to make consequential amendments.
Schedule 6.2 amends the Passenger Transport Act 1990 to enable the
Director-General to arrange for the ITSR to assist in the exercise of (or to exercise
by way of delegation) the Director-General's passenger transport safety functions
under that Act (such as assessing whether accredited bus service operators meet the
relevant safety standards).
Schedule 6.3 and 6.4 contain amendments that are consequential on the change of
name of the ITSR.
Explanatory note page 6
Transport Administration Amendment Bill 2010
Explanatory note
Schedule 7 Consequential and other amendments
Schedule 7.1 contains consequential and other amendments to the TA Act.
Schedule 7.2 provides for RailCorp to have the status of an electricity supply
authority for the purposes of the Electricity (Consumer Safety) Act 2004.
Schedule 7.3 amends the Local Government Act 1993 to exempt rail infrastructure
facility land owned or vested in a public transport agency from being subject to local
council rates.
Schedule 7.4 amends the Passenger Transport Act 1990 (PTA) to replace references
relating to the Department of Transport and Infrastructure with references to
Transport NSW. Schedule 7.4 also transfers, to the PTA, the provision in the TA Act
that enables the Director-General to delegate his or her functions under the PTA.
Schedule 7.5 amends the list of Departments in Schedule 3 to the Public Finance and
Audit Act 1983 to replace a reference to the Department of Transport and
Infrastructure with a reference to Transport NSW.
Schedule 7.6 amends the Public Sector Employment and Management Act 2002:
(a) to provide that a branch of a Department is not part of the Public Service (ie
subject to the requirements of Chapter 2 of that Act) if the branch is specified
in Part 3 of Schedule 1 to that Act as a Special Employment Division (as a
consequence of Schedule 1.2 which establishes the Transport Special Services
Group as such a branch), and
(b) to provide that the Director-General of Transport NSW is the employer of the
chief executives of the various public transport agencies constituted under the
TA Act and may determine their remuneration.
Schedule 7.7 repeals a provision of the Public Sector Employment and Management
(Departmental Amalgamations) Order 2009 relating to the transfer of certain staff of
public transport agencies as the provision is now redundant because of the new
transfer of staff provisions to be inserted in the TA Act by the proposed Act.
Explanatory note page 7
First print
New South Wales
Transport Administration Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Principal amendments 3
Schedule 2 Amendments relating to Transport Construction
Authority (formerly TIDC) 18
Schedule 3 Amendments relating to Country Rail Infrastructure
Authority (formerly RIC) 27
Schedule 4 Amendments relating to Sydney Metro 35
Schedule 5 Amendments relating to Public Transport Ticketing
Corporation 41
Schedule 6 Amendments relating to Independent Transport Safety and
Reliability Regulator 45
Schedule 7 Consequential and other amendments 49
b2009-159-35.d17a
New South Wales
Transport Administration Amendment
Bill 2010
No , 2010
A Bill for
An Act to amend the Transport Administration Act 1988 to make further provision
with respect to the administration of public transport in New South Wales; and for
other purposes.
Clause 1 Transport Administration Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Transport Administration Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
Schedule 1 Principal amendments 1
1.1 Transport Administration Act 1988 No 109 2
[1] Section 2A 3
Insert after section 2: 4
2A Objects of Act 5
The objects of this Act with respect to the administration of the 6
transport services provided to the people of New South Wales 7
include the following: 8
(a) to provide an efficient and accountable framework for the 9
governance of the delivery of transport services, 10
(b) to enable strategic directions to be set for integrated 11
transport services, 12
(c) to enable effective planning and delivery of transport 13
infrastructure and services, 14
(d) to facilitate the mobilisation and prioritisation of key 15
resources across the transport sector, 16
(e) to co-ordinate the activities of those engaged in the 17
delivery of transport services, 18
(f) to maintain independent regulatory arrangements for 19
securing the safety of transport services. 20
[2] Section 3 Definitions 21
Omit the definition of Director-General from section 3 (1). Insert instead: 22
Director-General means the Director-General of Transport 23
NSW. 24
[3] Section 3 (1) 25
Insert in alphabetical order: 26
Transport NSW means Transport NSW established under 27
Chapter 1A of the Public Sector Employment and Management 28
Act 2002. 29
Page 3
Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
[4] Section 3B 1
Insert after section 3A: 2
3B Ministerial responsibility and delegation 3
(1) The Director-General and the chief executives of the following 4
bodies are, in the exercise of their functions, subject to the control 5
and direction of the Minister: 6
(a) RailCorp, 7
(b) Roads and Traffic Authority, 8
(c) State Transit Authority, 9
(d) Sydney Ferries, 10
(e) Transport Construction Authority, 11
(f) Country Rail Infrastructure Authority. 12
Note. Section 42P provides for limited Ministerial control and direction of 13
the ITSR. 14
(2) The Minister may delegate to the Director-General, or to any 15
such chief executive, any function of the Minister under this Act, 16
other than this power of delegation. 17
[5] Part 1A 18
Insert after Part 1: 19
Part 1A Director-General of Transport NSW 20
3C General functions of Director-General 21
(1) The Director-General has the following functions: 22
(a) Transport planning and policy 23
Transport planning and policy, including for integrated 24
transport and land use strategies for metropolitan and 25
regional areas. 26
(b) Transport public funding 27
The administration of the allocation of public funding for 28
public transport agencies. 29
(c) Transport infrastructure 30
The planning, oversight and delivery of transport 31
infrastructure in accordance with integrated transport and 32
land use strategies and available financial resources, 33
including prioritising of expenditure and projects across 34
the transport sector. 35
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Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
(d) Contracting for the delivery of transport services 1
Contracting, on behalf of the State, with public transport 2
agencies or the private sector, for the delivery of transport 3
services, including the setting of performance targets and 4
service standards. 5
(e) Transport services co-ordination 6
The co-ordination of transport services, including 7
timetabling for transport services and providing for 8
effective transport interchanges. 9
(f) Incident management 10
The management of incidents affecting the efficiency of 11
road and public transport networks, including the 12
co-ordination of communications with and responses by 13
relevant agencies. 14
(g) Transport information 15
The provision of information about transport services and 16
transport infrastructure to assist people to use those 17
services or infrastructure. 18
(h) Provision and deployment of transport agency staff 19
and services 20
The provision of corporate and shared services to public 21
transport agencies and the deployment to priority areas of 22
public transport agency staff. 23
(i) Ticketing for transport services 24
Regulating the types of tickets and other ticketing 25
arrangements for the setting of fares for transport services. 26
(j) Precinct land planning 27
Assisting the Minister for Planning and other relevant 28
agencies with the preparation of precinct plans for the 29
development of land for, or in the vicinity of, public 30
transport stations or wharves and transport interchanges. 31
(k) Other functions 32
The other functions conferred or imposed on the 33
Director-General by or under: 34
(i) this Part, Division 2A of Part 9 or any other 35
provision of this Act, or 36
(ii) the Passenger Transport Act 1990 or any other Act. 37
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
(2) The Director-General is to prepare and make publicly available a 1
Transport NSW corporate plan for his or her activities in the next 2
5 financial years. The Director-General is to revise the plan 3
annually. 4
(3) Any function of the Director-General may be exercised in 5
relation to all or to any one or more kinds of transport services. 6
(4) In this section: 7
public transport agency means RailCorp, the Roads and Traffic 8
Authority, the State Transit Authority, Sydney Ferries, the 9
Transport Construction Authority, the Country Rail 10
Infrastructure Authority and their public or private subsidiary 11
corporations. 12
transport infrastructure includes road and rail infrastructure. 13
transport services include railway passenger services (including 14
heavy rail, metro rail and light rail services), bus services and 15
ferry services. 16
3D Directions by Director-General to public transport agencies 17
(1) The Director-General may, for the purpose of exercising his or 18
her functions, give directions to the following bodies in relation 19
to the exercise of their functions: 20
(a) RailCorp, 21
(b) Roads and Traffic Authority, 22
(c) State Transit Authority, 23
(d) Sydney Ferries, 24
(e) Transport Construction Authority, 25
(f) Country Rail Infrastructure Authority, 26
(g) a public or private subsidiary corporation (as referred to in 27
Part 6B) of any of those bodies. 28
Note. This Act provides that the Chief Executive of a body referred to in 29
paragraphs (a)(f) is, in managing the affairs of the body, to do so in 30
accordance with any directions of the Director-General under this 31
section. 32
(2) A body referred to in subsection (1) is required to provide the 33
Director-General, at such times and in such form as he or she 34
directs, with the following: 35
(a) the operating and capital works budget of the body for the 36
next year and forward years, 37
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Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
(b) any other information held by or relating to the body that 1
the Director-General considers is required for the purposes 2
of exercising his or her functions. 3
If a budget of the body is required to be changed as a result of a 4
direction of the Director-General under this section, the body is 5
to provide the revised budget to the Director-General. 6
(3) This section is not subject to any contract under section 3C (1) (d) 7
with a body referred to in subsection (1). 8
3E Review by relevant safety regulator of directions relating to 9
transport safety matters 10
(1) In this section: 11
direction means a direction given by the Director-General under 12
section 3D to a transport authority. 13
relevant safety regulator means: 14
(a) in the case of a direction relating to rail services or 15
infrastructure--the Independent Transport Safety 16
Regulator, or 17
(b) in the case of a direction relating to bus services--the 18
Independent Transport Safety Regulator (but only if the 19
ITSR is, in accordance with an arrangement under 20
section 6B of the Passenger Transport Act 1990, assisting 21
the Director-General in connection with the exercise of the 22
Director-General's functions under that Act in relation to 23
bus services), or 24
(c) in the case of a direction relating to ferry services--the 25
Maritime Authority of NSW. 26
safety management system of a transport authority means any 27
safety management system that the authority is required to have: 28
(a) under section 9D or 53D of the Passenger Transport 29
Act 1990, or 30
(b) under section 12 of the Rail Safety Act 2008. 31
(2) A transport authority may advise the Director-General of the 32
likely impact on its safety management system of compliance 33
with a direction of the Director-General (including whether the 34
authority needs to make appropriate modifications to its safety 35
management system before it is able to comply with the 36
direction). 37
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
(3) As a result of that advice, the Director-General may: 1
(a) change or revoke the direction, or 2
(b) suspend the direction and request the relevant safety 3
regulator to review the likely impact of the direction. 4
(4) If: 5
(a) the Director-General does not change, revoke or suspend 6
the direction, and 7
(b) the transport authority considers that as a result of the 8
direction it will not be able to comply with its safety 9
management system, 10
the transport authority may, within 14 days after receiving the 11
direction, request the relevant safety regulator to review the 12
likely impact of the direction. Any such request operates to 13
suspend the direction. 14
(5) The relevant safety regulator is to review the likely impact of the 15
direction on the safety management system within 14 days after 16
being requested to do so, and notify the Director-General and the 17
transport authority of the result of its review. 18
(6) The Director-General may, as a result of the review, confirm, 19
change or revoke the direction. 20
(7) Unless a suspended direction is sooner revoked, the suspension 21
of the direction ceases: 22
(a) at the end of the period of 14 days after the relevant safety 23
regulator is requested to review the likely impact of the 24
direction, or 25
(b) at such time the Director-General decides, as a result of the 26
review, to change or confirm the direction, 27
whichever first occurs. However, the Director-General may 28
extend the suspension beyond the period that it would otherwise 29
cease under this subsection. 30
(8) The Director-General may, without limiting any other provision 31
of this section, request the relevant safety regulator for advice on 32
the safety implications of a direction or proposed direction. 33
3F Delegation of Director-General's functions 34
(1) The Director-General may delegate to an authorised person any 35
of the Director-General's functions under this Act, other than this 36
power of delegation. 37
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Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
(2) A delegate may sub-delegate to an authorised person any 1
function delegated by the Director-General if the delegate is 2
authorised in writing to do so by the Director-General. 3
(3) In this section, authorised person means: 4
(a) a member of staff of Transport NSW, or 5
(b) a person of a class prescribed by the regulations. 6
[6] Sections 13, 14, 25, 26, 35H and 35I (Boards of RailCorp, STA and Sydney 7
Ferries) 8
Omit the sections. 9
[7] Section 15 10
Omit the section. Insert instead: 11
15 Chief Executive of RailCorp 12
The Director-General may, with the approval of the Minister, 13
appoint a Chief Executive of RailCorp. 14
Note. Schedule 2 contains ancillary provisions relating to the Chief 15
Executive of RailCorp. 16
[8] Section 16 Chief Executive to manage RailCorp 17
Omit section 16 (1). Insert instead: 18
(1) The affairs of RailCorp are to be managed and controlled by the 19
Chief Executive of RailCorp in accordance with any directions of 20
the Director-General under section 3D. 21
[9] Sections 17B (1) and (2), 31 (1), (2) and (4A) and 35N (1) and (2) 22
Omit "the Minister" wherever occurring. 23
Insert instead "the Director-General". 24
[10] Sections 17B (7) and 35N (7) 25
Omit "any direction by the Minister under this Division" wherever occurring. 26
Insert instead "any direction by the Minister or the Director-General under 27
this Act". 28
[11] Section 17F Delegation of functions of RailCorp 29
Omit "RailCorp Board" from section 17F (3) (b). 30
Insert instead "Director-General". 31
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
[12] Section 27 1
Omit the section. Insert instead: 2
27 Chief Executive of STA 3
The Director-General may, with the approval of the Minister, 4
appoint a Chief Executive of the State Transit Authority. 5
Note. Schedule 2 contains ancillary provisions relating to the Chief 6
Executive of the STA. 7
[13] Section 28 Chief Executive to manage STA 8
Omit "in accordance with the policies of the State Transit Authority Board" 9
from section 28 (1). 10
Insert instead "in accordance with any directions of the Director-General 11
under section 3D". 12
[14] Section 35 Delegation of functions of STA 13
Omit "State Transit Authority Board" from section 35 (3) (b). 14
Insert instead "Director-General". 15
[15] Section 35J 16
Omit the section. Insert instead: 17
35J Chief Executive of Sydney Ferries 18
The Director-General may, with the approval of the Minister, 19
appoint a Chief Executive of Sydney Ferries. 20
Note. Schedule 2 contains ancillary provisions relating to the Chief 21
Executive of Sydney Ferries. 22
[16] Section 35K Chief Executive to manage Sydney Ferries 23
Omit section 35K (1). Insert instead: 24
(1) The affairs of Sydney Ferries are to be managed and controlled 25
by the Chief Executive of Sydney Ferries in accordance with any 26
directions of the Director-General under section 3D. 27
[17] Section 35QA Delegation of functions of Sydney Ferries 28
Omit "Sydney Ferries Board" from section 35QA (3) (b). 29
Insert instead "Director-General". 30
Page 10
Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
[18] Part 5 1
Omit the Part. Insert instead: 2
Part 5 Transport Advisory Council 3
43 Establishment of Transport Advisory Council 4
(1) There is established by this Act a Transport Advisory Council. 5
(2) The Advisory Council is to consist of the following members: 6
(a) the Director-General or a member of staff of Transport 7
NSW nominated by the Director-General, 8
(b) no fewer than 3, and no more than 7, members appointed 9
by the Minister. 10
Note. Schedule 3 contains provisions relating to the members and 11
procedure of the Advisory Council. 12
44 Functions of Advisory Council 13
(1) The Advisory Council has the following functions: 14
(a) to provide advice to the Minister on such matters as are 15
referred to it by the Minister, 16
(b) to provide advice to the Director-General on such matters 17
as are referred to it by the Director-General, 18
(c) such other functions as are conferred or imposed on it by 19
or under this or any other Act. 20
(2) The Advisory Council is: 21
(a) to prepare a draft work plan for approval by the Minister, 22
and 23
(b) to carry out such transport advisory functions as are 24
specified in any such approved work plan. 25
(3) The Advisory Council may, with the approval of the 26
Director-General or the Minister, undertake public consultation 27
for the purpose of exercising its functions. 28
44A Committees of Advisory Council 29
(1) The Advisory Council may establish committees to assist it in 30
connection with the exercise of any of its functions. 31
(2) It does not matter that any or all of the members of a committee 32
are not members of the Advisory Council. 33
(3) The procedure for calling meetings of a committee and for the 34
conduct of those meetings is to be determined by the Advisory 35
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
Council or (subject to any determination by the Advisory 1
Council) by the committee. 2
[19] Section 47 3
Omit the section. Insert instead: 4
47 Chief Executive of RTA 5
The Director-General may, with the approval of the Minister, 6
appoint a Chief Executive of the Roads and Traffic Authority. 7
Note. Schedule 2 contains ancillary provisions relating to the Chief 8
Executive of the RTA. 9
[20] Section 48 Chief Executive to manage RTA 10
Insert "in accordance with any directions of the Director-General under 11
section 3D" after "that Authority" in section 48 (1). 12
[21] Part 6B 13
Insert before Part 7: 14
Part 6B Subsidiary corporations, joint ventures etc 15
55A Definition of "transport authority" 16
In this Part, transport authority means any of the following: 17
(a) the Director-General, 18
(b) RailCorp, 19
(c) Roads and Traffic Authority, 20
(d) State Transit Authority, 21
(e) Sydney Ferries, 22
(f) Transport Construction Authority, 23
(g) Country Rail Infrastructure Authority. 24
55B Exercise of functions through subsidiary corporations, joint 25
ventures etc 26
(1) In this section: 27
subsidiary corporation of a transport authority means: 28
(a) a public subsidiary corporation referred to in section 55C 29
that is constituted for the purposes of the transport 30
authority, or 31
(b) a private subsidiary corporation referred to in section 55D 32
that is formed for the purposes of the transport authority. 33
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Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
(2) Any function of a transport authority may be exercised: 1
(a) by the transport authority itself, or 2
(b) by a subsidiary corporation of the transport authority, or 3
(c) by the transport authority or a subsidiary corporation of the 4
transport authority, or both, in a partnership, joint venture 5
or other association with other persons or bodies. 6
(3) This section does not extend to the function of the 7
Director-General to give directions under section 3D. 8
55C Public subsidiary corporations 9
(1) In this section: 10
public subsidiary corporation means a corporation constituted in 11
accordance with this section for the purposes of a transport 12
authority. 13
(2) The regulations may constitute a corporation for the purposes of 14
this section with the corporate name specified in the regulations. 15
(3) A public subsidiary corporation: 16
(a) has such of the functions of the transport authority in 17
respect of which it is constituted as are specified in the 18
regulations or delegated to it under this Act, and 19
(b) is, for the purposes of any Act, a NSW Government 20
agency. 21
(4) The provisions of or made under this Act or any other Act relating 22
to a transport authority apply to and in respect of a public 23
subsidiary corporation constituted for the purposes of that 24
authority in such manner and to such extent as are prescribed by 25
the regulations. 26
(5) With the approval of the Minister: 27
(a) a transport authority may transfer any of its assets, rights 28
or liabilities to a public subsidiary corporation of the 29
authority, and 30
(b) a public subsidiary corporation of a transport authority 31
may transfer any of its assets, rights or liabilities to the 32
transport authority or to another public subsidiary 33
corporation of the authority. 34
(6) The regulations may make provision for or with respect to the 35
vesting of those assets, rights and liabilities in the transferee 36
without any transfer, conveyance or assignment. 37
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
(7) A public subsidiary corporation is dissolved by the repeal of the 1
regulations by which it is constituted (unless continued in 2
existence by the regulations), and on any such dissolution the 3
assets, rights and liabilities of the corporation become the assets, 4
rights and liabilities of the transport authority in respect of which 5
the corporation was constituted. 6
55D Private subsidiary corporations etc 7
(1) In this section: 8
private corporation means a corporation within the meaning of 9
the Corporations Act 2001 of the Commonwealth formed in or 10
outside New South Wales. 11
private subsidiary corporation means a private corporation in 12
which a transport authority has a controlling interest. 13
(2) A transport authority may, subject to subsection (3): 14
(a) form, or participate in the formation of, private 15
corporations, and 16
(b) acquire interests in private corporations, and 17
(c) sell or otherwise dispose of interests in private 18
corporations, 19
whether or not the activities or proposed activities of any such 20
private corporation are related to the activities of the transport 21
authority. 22
(3) A transport authority must not, without the approval of the 23
Minister: 24
(a) form, or participate in the formation of, a private 25
subsidiary corporation, or 26
(b) acquire an interest in a private corporation so that, as a 27
result of the acquisition, the corporation becomes a private 28
subsidiary corporation, or 29
(c) sell or otherwise dispose of any interest in a private 30
subsidiary corporation so that, as a result of the sale or 31
disposal, it ceases to be a private subsidiary corporation. 32
(4) A private subsidiary corporation is not a NSW Government 33
agency. 34
Page 14
Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
[22] Part 7, Division 4 1
Insert after Division 3: 2
Division 4 Transfer of staff 3
65 Definitions 4
In this Division: 5
transferred staff member means a member of staff of a transport 6
authority who is the subject of an order under this Division. 7
transport authority means any of the following: 8
(a) Transport NSW, 9
(b) RailCorp, 10
(c) Roads and Traffic Authority, 11
(d) State Transit Authority, 12
(e) Sydney Ferries, 13
(f) Transport Construction Authority, 14
(g) Country Rail Infrastructure Authority, 15
(h) a public subsidiary corporation (as referred to in Part 6B) 16
of any of the above bodies, 17
(i) Independent Transport Safety Regulator, 18
(j) until their dissolution, Sydney Metro and the Public 19
Transport Ticketing Corporation. 20
66 Orders providing for transfer of staff of transport authorities 21
(1) The Director-General may, by order in writing, provide that any 22
member of staff of a transport authority who is specified or 23
described in the order is transferred to another transport authority 24
specified in the order. 25
(2) The transferred staff member is taken for all purposes as having 26
become an employee of the other transport authority, in 27
accordance with the terms of the order, on the day specified in the 28
order. 29
(3) The Director-General cannot make an order under this Division 30
that relates to the Independent Transport Safety Regulator except 31
with the approval of the Chief Executive of the Independent 32
Transport Safety Regulator. 33
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Transport Administration Amendment Bill 2010
Schedule 1 Principal amendments
67 Preservation of remuneration and other conditions of employment 1
on transfer 2
(1) Except as otherwise provided by this Division or the regulations, 3
the terms and conditions on which a transferred staff member 4
becomes employed on being transferred by an order under this 5
Division (including terms and conditions as to remuneration, 6
allowances and duration of employment) are, on the transfer date, 7
those on which the staff member was employed immediately 8
before the transfer. 9
(2) Nothing in this section prevents the terms and conditions of 10
employment referred to in subsection (1) from being varied. 11
68 Preservation of leave and other entitlements for previous service 12
(1) Continuous service of a transferred staff member with any 13
transport authority is taken, for all purposes, as service with the 14
transport authority that is the staff member's current employer. 15
(2) This section applies, without limiting its operation, for the 16
purpose of the accrual of leave with the current employer and for 17
the purpose of any entitlements to redundancy payments from the 18
current employer. 19
(3) In particular, a transferred staff member retains, on being 20
transferred under this Division, any rights to annual leave, long 21
service leave and sick leave accrued in the staff member's 22
previous employment with a transport authority. 23
(4) A transferred staff member's entitlement to any such leave is to 24
be calculated: 25
(a) for the part of any period during which that leave accrued 26
or was accruing that occurred before the day of transfer-- 27
at the rate for the time being applicable to the staff member 28
before that day, and 29
(b) for the part of the period that occurred after the day of 30
transfer--at the rate for the time being applicable to the 31
staff member after that day. 32
68A No payment out on transfer or dual benefits 33
A person who is transferred under this Division: 34
(a) is not entitled to receive any payment or other benefit 35
merely because the person ceases to be a member of staff 36
of the transport authority from which the person is 37
transferred, and 38
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Transport Administration Amendment Bill 2010
Principal amendments Schedule 1
(b) is not entitled to elect, because of the transfer, to be paid 1
the money value of any extended or annual leave that the 2
person accrued as a member of staff of the transport 3
authority from which the person is transferred, and 4
(c) is not entitled to claim, under this or any other Act, dual 5
benefits of the same kind for the same period of service. 6
1.2 Public Sector Employment and Management Act 2002 No 43 7
[1] Schedule 1 Divisions of the Government Service 8
Omit the matter relating to the Department of Transport and Infrastructure 9
from Division 1 of Part 1. 10
Insert instead: 11
Transport NSW Director-General of Transport NSW
[2] Schedule 1, Part 3 12
Insert in alphabetical order: 13
Transport Special Services Group, Director-General of Transport NSW
Transport NSW (limited to staff of
Transport NSW, not subject to Chapter 2
of this Act, who are designated by the
Division Head with the approval of the
Director of Public Employment)
Page 17
Transport Administration Amendment Bill 2010
Schedule 2 Amendments relating to Transport Construction Authority (formerly TIDC)
Schedule 2 Amendments relating to Transport 1
Construction Authority (formerly TIDC) 2
2.1 Transport Administration Act 1988 No 109 3
[1] Sections 3 (1) (paragraph (a) of the definition of "rail infrastructure 4
owner"), 88A (definition of "rail authority"), 89 (definition of "rail 5
authority") and 116 (7) (definition of "parking offence") and clauses 2 (3), 6
2A (3) and 2C (5) of Schedule 6A 7
Omit "Transport Infrastructure Development Corporation" wherever 8
occurring. 9
Insert instead "the Transport Construction Authority". 10
[2] Section 3 Definitions 11
Omit the definition of Transport Infrastructure Development Corporation 12
(or TIDC) from section 3 (1). 13
Insert instead in alphabetical order: 14
Transport Construction Authority means the Transport 15
Construction Authority constituted under this Act. 16
[3] Part 2A 17
Omit the Part. Insert instead: 18
Part 2A Transport Construction Authority 19
18 Definitions 20
(1) In this Part: 21
develop a major railway system or develop a major transport 22
project includes: 23
(a) carry out development for the purposes of a railway system 24
or other transport project (including development of land 25
in the vicinity of transport infrastructure for any such 26
system or project), and 27
(b) facilitate, manage, finance or maintain any such 28
development, and 29
(c) carry out any function ancillary to any such development. 30
development means development within the meaning of the 31
Environmental Planning and Assessment Act 1979, a project 32
within the meaning of Part 3A of that Act or an activity within the 33
meaning of Part 5 of that Act. 34
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Transport Administration Amendment Bill 2010
Amendments relating to Transport Construction Authority (formerly TIDC) Schedule 2
railway means a guided system designed to transport passengers 1
or freight or both (whether or not passengers, freight or both are 2
being transported) on a railway track, together with its 3
infrastructure and associated sidings, and includes a heavy 4
railway, light railway, metro railway, inclined railway, monorail 5
or tramway. 6
railway system includes a railway, rail infrastructure facilities, 7
stations, platforms, maintenance facilities, depots and any other 8
transport interchanges, works, structures and facilities associated 9
with or incidental to the railway or rail infrastructure facilities. 10
(2) In this Part, a reference to a railway system or other transport 11
project includes a reference to part of a system or part of a project. 12
18A Constitution of TCA (as a continuation of TIDC) 13
(1) There is constituted by this Act a corporation with the corporate 14
name of the Transport Construction Authority. 15
(2) The substitution of this section by the Transport Administration 16
Amendment Act 2010 operates to change the name of the 17
corporation constituted by this section (as in force immediately 18
before its substitution) from Transport Infrastructure 19
Development Corporation to the Transport Construction 20
Authority, but does not operate to create a new legal entity. 21
(3) Accordingly, the Transport Construction Authority is taken for 22
all purposes, including the rules of private international law, to be 23
a continuation of, and the same legal entity as, the Transport 24
Infrastructure Development Corporation. 25
(4) The Transport Construction Authority is a NSW Government 26
agency. 27
18B Objectives of TCA 28
(1) The principal objectives of the Transport Construction Authority 29
are: 30
(a) to develop major railway systems, and 31
(b) to develop other major transport projects, 32
in an efficient, effective and financially responsible manner. 33
(2) The other objectives of the Transport Construction Authority are 34
as follows: 35
(a) to be a successful business and, to that end: 36
(i) to operate at least as efficiently as any comparable 37
business, and 38
Page 19
Transport Administration Amendment Bill 2010
Schedule 2 Amendments relating to Transport Construction Authority (formerly TIDC)
(ii) to maximise the net worth of the State's investment 1
in the Transport Construction Authority, 2
(b) to exhibit a sense of social responsibility by having regard 3
to the interests of the community in which it operates, 4
(c) where its activities affect the environment, to conduct its 5
operations in compliance with the principles of 6
ecologically sustainable development contained in 7
section 6 (2) of the Protection of the Environment 8
Administration Act 1991, 9
(d) to exhibit a sense of responsibility towards regional 10
development and decentralisation in the way in which it 11
operates. 12
(3) The other objectives of the Transport Construction Authority are 13
of equal importance, but are not as important as the principal 14
objectives of the Authority. 15
18C Development of major railway systems and other major transport 16
projects 17
(1) The principal functions of the Transport Construction Authority 18
are: 19
(a) to develop major railway systems, and 20
(b) to develop other major transport projects, 21
including facilitating their development by other persons. 22
(2) The Transport Construction Authority may not undertake the 23
development of a major railway system or other major transport 24
project except with the approval of the Director-General. 25
18D Other functions of TCA 26
(1) The Transport Construction Authority has such functions as are 27
conferred or imposed on it by or under this or any other Act or 28
law. 29
(2) The Transport Construction Authority may: 30
(a) hold, manage, maintain and establish assets associated 31
with major railway systems or other major transport 32
projects developed or proposed to be developed by the 33
Transport Construction Authority, and 34
(b) acquire and develop any land, and 35
(c) conduct any business (whether or not related to its 36
principal functions) that it considers will further its 37
objectives, and 38
Page 20
Transport Administration Amendment Bill 2010
Amendments relating to Transport Construction Authority (formerly TIDC) Schedule 2
(d) provide goods and services to the rail or other transport 1
industries, and 2
(e) provide facilities or services that are ancillary to or 3
incidental to its principal functions, and 4
(f) make and enter into leases or licences, or other 5
arrangements, with persons for developing a major railway 6
system or other major transport project, and 7
(g) make and enter into contracts or arrangements for the 8
carrying out of works or the performance of services or the 9
supply of goods or materials, and 10
(h) appoint agents, and act as agent for other persons. 11
18E Acquisition of land by TCA 12
(1) The Transport Construction Authority may, for any purposes of 13
the Authority, acquire land (including an interest in land) by 14
agreement or by compulsory process in accordance with the Land 15
Acquisition (Just Terms Compensation) Act 1991. 16
(2) The other purposes for which land may be acquired under 17
subsection (1) include for the purposes of a future sale, lease or 18
disposal, that is, to enable the Transport Construction Authority 19
to exercise its functions in relation to land under this Act. 20
(3) For the purposes of the Public Works Act 1912, any such 21
acquisition of land is taken to be for an authorised work and the 22
Transport Construction Authority is, in relation to that authorised 23
work, taken to be the Constructing Authority within the meaning 24
of that Act. 25
(4) The Transport Construction Authority may not give a proposed 26
acquisition notice under the Land Acquisition (Just Terms 27
Compensation) Act 1991 without the approval of the 28
Director-General. 29
(5) Any such acquisition is not void merely because it is expressed to 30
be for the purposes of the Transport Construction Authority or for 31
the purposes of this Act. 32
(6) Part 3 of the Public Works Act 1912 does not apply in respect of 33
works constructed for the purposes of this section. 34
18F Sale, lease or other disposal of land 35
(1) The Transport Construction Authority may, with the approval of 36
the Minister, sell, lease or otherwise dispose of any of its land. 37
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Transport Administration Amendment Bill 2010
Schedule 2 Amendments relating to Transport Construction Authority (formerly TIDC)
(2) Despite subsection (1), the approval of the Minister is not 1
required: 2
(a) for any lease for a term not exceeding 5 years, or 3
(b) for a sale, lease or other disposal of land not exceeding 4
such value, or in such circumstances, as the Minister may 5
determine from time to time. 6
18G Chief Executive of TCA 7
(1) The Director-General may, with the approval of the Minister, 8
appoint a Chief Executive of the Transport Construction 9
Authority. 10
Note. Schedule 2 contains ancillary provisions relating to the Chief 11
Executive of the TCA. 12
(2) The affairs of the Transport Construction Authority are to be 13
managed and controlled by the Chief Executive of the Authority 14
in accordance with any directions of the Director-General under 15
section 3D. 16
(3) Any act, matter or thing done in the name of, or on behalf of, the 17
Transport Construction Authority by the Chief Executive is taken 18
to have been done by the Transport Construction Authority. 19
18H TCA to supply information to Minister 20
The Transport Construction Authority must: 21
(a) supply the Minister or a person nominated by the Minister 22
with any information relating to its activities that the 23
Minister or person may require, and 24
(b) keep the Minister informed of the general conduct of its 25
activities, and of any significant development in its 26
activities. 27
18I Delegation of functions of TCA 28
(1) The Transport Construction Authority may delegate to an 29
authorised person any of its functions, other than this power of 30
delegation. 31
(2) A delegate may subdelegate to an authorised person any function 32
delegated by the Transport Construction Authority if the delegate 33
is authorised in writing to do so by the Authority. 34
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Transport Administration Amendment Bill 2010
Amendments relating to Transport Construction Authority (formerly TIDC) Schedule 2
(3) In this section, authorised person means: 1
(a) a member of staff of the Transport Construction Authority, 2
or 3
(b) a person of a class prescribed by the regulations or 4
approved by the Director-General. 5
[4] Section 42A Definitions 6
Insert after paragraph (d) of the definition of transport authority: 7
(d1) the Transport Construction Authority, or 8
[5] Part 7, Division 2A 9
Insert after Division 2: 10
Division 2A Staff of Transport Construction Authority 11
61A Employment of staff 12
The Transport Construction Authority may employ such staff as 13
it requires to exercise its functions. 14
61B Salary, conditions etc of staff 15
The Transport Construction Authority may fix the salary, wages 16
and conditions of employment of its staff in so far as they are not 17
fixed by or under any other Act or law. 18
61C Regulations relating to TCA staff 19
(1) The regulations may make provision for or with respect to the 20
employment of the staff of the Transport Construction Authority, 21
including the conditions of employment and the discipline of any 22
such staff. 23
(2) Any such regulations relating to the conditions of employment or 24
the discipline of staff: 25
(a) have effect subject to any relevant award made by a 26
competent industrial tribunal and to any industrial 27
agreement to which the Transport Construction Authority 28
is a party, and 29
(b) have effect despite any determination of the Transport 30
Construction Authority under section 61B, and 31
(c) have effect subject to Part 3.1 of the Public Sector 32
Employment and Management Act 2002. 33
Page 23
Transport Administration Amendment Bill 2010
Schedule 2 Amendments relating to Transport Construction Authority (formerly TIDC)
(3) Chapter 1A of the Public Sector Employment and Management 1
Act 2002 does not apply to the employment of staff under this 2
Division. 3
[6] Part 8, Division 1A 4
Insert after Division 1: 5
Division 1A Financial provisions relating to Transport 6
Construction Authority 7
72A TCA Fund 8
There is established in the Special Deposits Account a fund 9
called the Transport Construction Authority Fund (the TCA 10
Fund). 11
72B Payments into TCA Fund 12
There is to be paid into the TCA Fund: 13
(a) all money received by or on account of the Transport 14
Construction Authority, and 15
(b) all money advanced to the Transport Construction 16
Authority by the Treasurer, and 17
(c) all money: 18
(i) appropriated by Parliament for the purposes of 19
Transport NSW and allocated to the Transport 20
Construction Authority by the Director-General, or 21
(ii) otherwise appropriated by Parliament for the 22
purposes of the Transport Construction Authority, 23
and 24
(d) all other money required by or under this or any other Act 25
to be paid into the TCA Fund. 26
72C Payments from TCA Fund 27
There is to be paid from the TCA Fund: 28
(a) all payments made on account of the Transport 29
Construction Authority or otherwise required to meet 30
expenditure incurred in relation to the functions of the 31
Transport Construction Authority, and 32
(b) all other payments required by or under this or any other 33
Act to be paid from the TCA Fund. 34
Page 24
Transport Administration Amendment Bill 2010
Amendments relating to Transport Construction Authority (formerly TIDC) Schedule 2
[7] Section 107 Definition of "transport authority" 1
Insert after section 107 (1) (c1): 2
(c2) the Transport Construction Authority, or 3
[8] Section 107 (2) 4
Omit the subsection. 5
[9] Section 112 Personal liability of certain persons 6
Insert "the Transport Construction Authority," after "RailCorp," in the 7
definition of member of a transport authority in section 112 (2). 8
[10] Section 122 (definition of "rail authority") and clause 1 (1) (definition of 9
"rail authority") of Schedule 6B 10
Omit "TIDC" wherever occurring. 11
Insert instead "the Transport Construction Authority". 12
[11] Schedule 6A Powers relating to rail infrastructure facilities and land 13
Omit paragraph (a) of the definition of owner in clause 1. Insert instead: 14
(a) in the case of any land, rail infrastructure facilities or any 15
railway building that is managed or controlled by the 16
Transport Construction Authority for the purposes of 17
exercising its functions under this Act, the Transport 18
Construction Authority, or 19
[12] Schedule 6A, clause 1, definition of "rail authority" 20
Omit ", Transport Infrastructure Development Corporation" from 21
paragraph (a). 22
Insert instead "or the Transport Construction Authority". 23
2.2 First State Superannuation Act 1992 No 100 24
Schedule 1 Employers 25
Omit "Transport Infrastructure Development Corporation". 26
Insert instead "Transport Construction Authority". 27
2.3 Public Finance and Audit Act 1983 No 152 28
Schedule 2 Statutory bodies 29
Insert in alphabetical order: 30
Transport Construction Authority 31
Page 25
Transport Administration Amendment Bill 2010
Schedule 2 Amendments relating to Transport Construction Authority (formerly TIDC)
2.4 State Authorities Non-contributory Superannuation Act 1
1987 No 212 2
Schedule 1 Employers 3
Omit "Transport Infrastructure Development Corporation" from Part 1. 4
Insert instead "Transport Construction Authority". 5
2.5 State Authorities Superannuation Act 1987 No 211 6
Schedule 1 Employers 7
Omit "Transport Infrastructure Development Corporation" from Part 1. 8
Insert instead "Transport Construction Authority". 9
2.6 State Owned Corporations Act 1989 No 134 10
Schedule 5 Statutory SOCs 11
Omit "Transport Infrastructure Development Corporation". 12
2.7 Superannuation Act 1916 No 28 13
Schedule 3 List of employers 14
Omit "Transport Infrastructure Development Corporation" from Part 1. 15
Insert instead "Transport Construction Authority". 16
Page 26
Transport Administration Amendment Bill 2010
Amendments relating to Country Rail Infrastructure Authority (formerly RIC) Schedule 3
Schedule 3 Amendments relating to Country Rail 1
Infrastructure Authority (formerly RIC) 2
3.1 Transport Administration Act 1988 No 109 3
[1] The whole Act, except clause 2B of Schedule 6A, Schedule 7 and where 4
otherwise amended by this Act 5
Omit "RIC" and "Rail Infrastructure Corporation" wherever occurring. 6
Insert instead "the Country Rail Infrastructure Authority". 7
[2] Section 3 Definitions 8
Omit the definition of Rail Infrastructure Corporation (or RIC) from 9
section 3 (1). 10
Insert instead in alphabetical order: 11
Country Rail Infrastructure Authority (or CRIA) means the 12
Country Rail Infrastructure Authority constituted by this Act. 13
[3] Part 2B 14
Omit the Part. Insert instead: 15
Part 2B Country Rail Infrastructure Authority 16
19A Constitution of Country Rail Infrastructure Authority (as a 17
continuation of RIC) 18
(1) There is constituted by this Act a corporation with the corporate 19
name of the Country Rail Infrastructure Authority. 20
(2) The substitution of this Part by the Transport Administration 21
Amendment Act 2010 operates to change the name of the 22
corporation constituted under this Part (as in force immediately 23
before its substitution) from Rail Infrastructure Corporation to 24
the Country Rail Infrastructure Authority, but does not operate to 25
create a new legal entity. 26
(3) Accordingly, the Country Rail Infrastructure Authority is taken 27
for all purposes, including the rules of private international law, 28
to be a continuation of, and the same legal entity as, Rail 29
Infrastructure Corporation. 30
(4) The Country Rail Infrastructure Authority is a NSW Government 31
agency. 32
Page 27
Transport Administration Amendment Bill 2010
Schedule 3 Amendments relating to Country Rail Infrastructure Authority (formerly RIC)
19B Objectives of CRIA 1
(1) The principal objective of the Country Rail Infrastructure 2
Authority is to ensure that the part of the NSW rail network 3
vested in or owned by the Country Rail Infrastructure Authority 4
enables safe and reliable passenger and freight services to be 5
provided in an efficient, effective and financially responsible 6
manner. 7
(2) The other objectives of the Country Rail Infrastructure Authority 8
are: 9
(a) to promote and facilitate access to the part of the NSW rail 10
network vested in or owned by the Country Rail 11
Infrastructure Authority in accordance with the current 12
NSW rail access undertaking, and 13
(b) to be a successful business and, to that end: 14
(i) to operate at least as efficiently as any comparable 15
businesses, and 16
(ii) to maximise the net worth of the State's investment 17
in the Country Rail Infrastructure Authority, and 18
(c) to exhibit a sense of social responsibility by having regard 19
to the interests of the community in which it operates, and 20
(d) where its activities affect the environment, to conduct its 21
operations in compliance with the principles of 22
ecologically sustainable development contained in 23
section 6 (2) of the Protection of the Environment 24
Administration Act 1991, and 25
(e) to exhibit a sense of responsibility towards regional 26
development and decentralisation in the way in which it 27
operates, and 28
(f) to maintain reasonable priority and certainty of access for 29
railway passenger services. 30
(3) The other objectives of the Country Rail Infrastructure Authority 31
are of equal importance, but are not as important as the principal 32
objective of the Authority. 33
(4) Subsection (2) (a) does not apply to any part of the NSW rail 34
network subject to an ARTC lease or licence. 35
19C Functions of CRIA 36
(1) The Country Rail Infrastructure Authority has such functions as 37
are conferred or imposed on it by or under this or any other Act 38
or law. 39
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Transport Administration Amendment Bill 2010
Amendments relating to Country Rail Infrastructure Authority (formerly RIC) Schedule 3
(2) The principal functions of the Country Rail Infrastructure 1
Authority are: 2
(a) to hold, manage, maintain and establish rail infrastructure 3
facilities on behalf of the State, and 4
(b) to provide persons with access under the current NSW rail 5
access undertaking to the part of the NSW rail network 6
vested in or owned by the Country Rail Infrastructure 7
Authority and that is not subject to an ARTC lease or 8
licence. 9
(3) The Country Rail Infrastructure Authority may also: 10
(a) provide facilities or services that are ancillary or incidental 11
to its principal functions, and 12
(b) supply goods and services to the rail industry, and 13
(c) conduct any business (whether or not related to its 14
principal functions) that it considers will further its 15
objectives, and 16
(d) acquire and develop any land, and 17
Note. See clause 13 of Schedule 6A which provides for the 18
acquisition of land by CRIA. 19
(e) make and enter into contracts or arrangements for the 20
carrying out of works or the performance of services or the 21
supply of goods or materials, and 22
(f) appoint agents, and act as agent for other persons. 23
(4) The Country Rail Infrastructure Authority is not to conduct any 24
business outside the State that is not related to the NSW rail 25
network without the approval of the Premier, Minister and 26
Treasurer. 27
(5) Each annual report of the Country Rail Infrastructure Authority 28
prepared under the Annual Reports (Statutory Bodies) Act 1984 29
must include a section that: 30
(a) identifies the trends in access for passenger and freight 31
services on the part of the NSW rail network vested in or 32
owned by the Country Rail Infrastructure Authority, and 33
(b) having regard to those trends, identifies any parts of the 34
part of the NSW rail network vested in or owned by the 35
Country Rail Infrastructure Authority where there is or is 36
likely to be insufficient capacity for passenger or freight 37
services, and 38
Page 29
Transport Administration Amendment Bill 2010
Schedule 3 Amendments relating to Country Rail Infrastructure Authority (formerly RIC)
(c) sets out what the Country Rail Infrastructure Authority 1
proposes should be done to ensure sufficient capacity for 2
those services. 3
19D Sale, lease or other disposal of land 4
(1) The Country Rail Infrastructure Authority may, with the 5
approval of the Minister, sell, lease or otherwise dispose of any 6
of its land. 7
(2) Despite subsection (1), the approval of the Minister is not 8
required: 9
(a) for any lease for a term not exceeding 5 years, or 10
(b) for a sale, lease or other disposal of land not exceeding 11
such value, or in such circumstances, as the Minister may 12
determine from time to time. 13
19E Chief Executive of CRIA 14
(1) The Director-General may, with the approval of the Minister, 15
appoint a Chief Executive of the Country Rail Infrastructure 16
Authority. 17
Note. Schedule 2 contains ancillary provisions relating to the Chief 18
Executive of CRIA. 19
(2) The affairs of the Country Rail Infrastructure Authority are to be 20
managed and controlled by the Chief Executive of the Authority 21
in accordance with any directions of the Director-General under 22
section 3D. 23
(3) Any act, matter or thing done in the name of, or on behalf of, the 24
Country Rail Infrastructure Authority by the Chief Executive is 25
taken to have been done by the Authority. 26
19F CRIA to supply information to Minister 27
The Country Rail Infrastructure Authority must: 28
(a) supply the Minister or a person nominated by the Minister 29
with any information relating to its activities that the 30
Minister or person may require, and 31
(b) keep the Minister informed of the general conduct of its 32
activities, and of any significant development in its 33
activities. 34
Page 30
Transport Administration Amendment Bill 2010
Amendments relating to Country Rail Infrastructure Authority (formerly RIC) Schedule 3
19G Delegation of functions of CRIA 1
(1) The Country Rail Infrastructure Authority may delegate to an 2
authorised person any of its functions, other than this power of 3
delegation. 4
(2) A delegate may subdelegate to an authorised person any function 5
delegated by the Country Rail Infrastructure Authority if the 6
delegate is authorised in writing to do so by the Authority. 7
(3) In this section, authorised person means: 8
(a) a member of staff of the Country Rail Infrastructure 9
Authority, or 10
(b) a person of a class prescribed by the regulations or 11
approved by the Director-General. 12
[4] Section 42A Definitions 13
Omit paragraph (d) of the definition of transport authority. Insert instead: 14
(d) the Country Rail Infrastructure Authority, or 15
[5] Part 7, Division 3A 16
Insert as Division 3A: 17
Division 3A Staff of Country Rail Infrastructure Authority 18
64A Employment of staff 19
The Country Rail Infrastructure Authority may employ such staff 20
as it requires to exercise its functions. 21
64B Salary, conditions etc of staff 22
The Country Rail Infrastructure Authority may fix the salary, 23
wages and conditions of employment of its staff in so far as they 24
are not fixed by or under any other Act or law. 25
64C Regulations relating to CRIA staff 26
(1) The regulations may make provision for or with respect to the 27
employment of the staff of the Country Rail Infrastructure 28
Authority, including the conditions of employment and the 29
discipline of any such staff. 30
(2) Any such regulations relating to the conditions of employment or 31
the discipline of staff: 32
(a) have effect subject to any relevant award made by a 33
competent industrial tribunal and to any industrial 34
Page 31
Transport Administration Amendment Bill 2010
Schedule 3 Amendments relating to Country Rail Infrastructure Authority (formerly RIC)
agreement to which the Country Rail Infrastructure 1
Authority is a party, and 2
(b) have effect despite any determination of the Country Rail 3
Infrastructure Authority under section 64B, and 4
(c) have effect subject to Part 3.1 of the Public Sector 5
Employment and Management Act 2002. 6
(3) Chapter 1A of the Public Sector Employment and Management 7
Act 2002 does not apply to the employment of staff under this 8
Division. 9
[6] Part 8, Division 3B 10
Insert after Division 3A: 11
Division 3B Financial provisions relating to Country Rail 12
Infrastructure Authority 13
80G CRIA Fund 14
There is established in the Special Deposits Account a fund 15
called the Country Rail Infrastructure Authority Fund (the CRIA 16
Fund). 17
80H Payments into CRIA Fund 18
There is to be paid into the CRIA Fund: 19
(a) all money received by or on account of the Country Rail 20
Infrastructure Authority, and 21
(b) all money advanced to the Country Rail Infrastructure 22
Authority by the Treasurer, and 23
(c) all money: 24
(i) appropriated by Parliament for the purposes of 25
Transport NSW and allocated to the Country Rail 26
Infrastructure Authority by the Director-General, or 27
(ii) otherwise appropriated by Parliament for the 28
purposes of the Country Rail Infrastructure 29
Authority, and 30
(d) all other money required by or under this or any other Act 31
to be paid into the CRIA Fund. 32
80I Payments from CRIA Fund 33
There is to be paid from the CRIA Fund: 34
(a) all payments made on account of the Country Rail 35
Infrastructure Authority or otherwise required to meet 36
Page 32
Transport Administration Amendment Bill 2010
Amendments relating to Country Rail Infrastructure Authority (formerly RIC) Schedule 3
expenditure incurred in relation to the functions of the 1
Authority, and 2
(b) all other payments required by or under this or any other 3
Act to be paid from the CRIA Fund. 4
[7] Section 107 Definition of "transport authority" 5
Insert before section 107 (1) (d): 6
(c3) the Country Rail Infrastructure Authority, or 7
[8] Section 112 Personal liability of certain persons 8
Insert "the Country Rail Infrastructure Authority," after "Regulator," in the 9
definition of member of a transport authority in section 112 (2). 10
[9] Schedule 6A Powers relating to railway infrastructure facilities and land 11
Omit "RIC" where firstly occurring in clause 2 (2). 12
Insert instead "The Country Rail Infrastructure Authority". 13
[10] Schedule 6A, clause 2D (1) 14
Omit ", the current NSW rail access undertaking and the State Owned 15
Corporations Act 1989". 16
Insert instead "and the current NSW rail access undertaking". 17
[11] Schedule 6A, clause 13 (1) and (4) 18
Omit "RIC" wherever occurring. 19
Insert instead "The Country Rail Infrastructure Authority". 20
[12] Schedule 6A, clauses 13 (4) and 13A (4) 21
Omit "portfolio Minister" wherever occurring. 22
Insert instead "Director-General". 23
3.2 Electricity (Consumer Safety) Act 2004 No 4 24
Section 3 Definitions 25
Omit "Rail Infrastructure Corporation" from paragraph (b) of the definition of 26
electricity supply authority in section 3 (1). 27
Insert instead "Country Rail Infrastructure Authority". 28
Page 33
Transport Administration Amendment Bill 2010
Schedule 3 Amendments relating to Country Rail Infrastructure Authority (formerly RIC)
3.3 First State Superannuation Act 1992 No 100 1
Schedule 1 Employers 2
Omit "Rail Infrastructure Corporation" where firstly occurring. 3
Insert instead "Country Rail Infrastructure Authority". 4
3.4 Public Finance and Audit Act 1983 No 152 5
Schedule 2 Statutory bodies 6
Insert in alphabetical order: 7
Country Rail Infrastructure Authority 8
3.5 State Authorities Non-contributory Superannuation Act 9
1987 No 212 10
Schedule 1 Employers 11
Omit "Rail Infrastructure Corporation" where firstly occurring in Part 1. 12
Insert instead "Country Rail Infrastructure Authority". 13
3.6 State Authorities Superannuation Act 1987 No 211 14
Schedule 1 Employers 15
Omit "Rail Infrastructure Corporation" where firstly occurring in Part 1. 16
Insert instead "Country Rail Infrastructure Authority". 17
3.7 State Owned Corporations Act 1989 No 134 18
Schedule 5 Statutory SOCs 19
Omit "Rail Infrastructure Corporation". 20
3.8 Superannuation Act 1916 No 28 21
Schedule 3 List of employers 22
Omit "Rail Infrastructure Corporation" where firstly occurring in Part 1. 23
Insert instead "Country Rail Infrastructure Authority". 24
3.9 Transport Administration Amendment (Rail Agencies) Act 25
2003 No 96 26
The Act is repealed. 27
Page 34
Transport Administration Amendment Bill 2010
Amendments relating to Sydney Metro Schedule 4
Schedule 4 Amendments relating to Sydney Metro 1
4.1 Transport Administration Act 1988 No 109 2
[1] Section 3 Definitions 3
Omit the definitions of metro railway and metro railway system from 4
section 3 (1). 5
[2] Section 3 (1), definition of "NSW rail network" 6
Omit ", but does not include any part of a metro railway system". 7
[3] Section 3 (1), definition of "rail infrastructure owner" 8
Omit paragraph (b1). 9
[4] Part 6A Sydney Metro 10
Omit the Part. 11
[5] Part 8, Division 2A Financial provisions relating to Sydney Metro 12
Omit the Division. 13
[6] Section 89 Definitions 14
Omit ", Sydney Metro" from the definition of State rail operator. 15
[7] Section 99A Closure and disposal of railway lines 16
Omit section 99A (4). 17
[8] Section 112 Personal liability of certain persons 18
Omit ", the Roads and Traffic Authority and Sydney Metro" from the 19
definition of member of a transport authority in section 112 (2). 20
Insert instead "and the Roads and Traffic Authority". 21
[9] Section 116 Liability of vehicle owner for parking offences on Authority's 22
land 23
Omit ", Sydney Metro" from the definition of parking offence in 24
section 116 (7). 25
[10] Schedule 2B Constitution and procedure and CEO of Sydney Metro 26
Omit the Schedule. 27
[11] Schedule 6A Powers relating to rail infrastructure facilities and land 28
Omit paragraph (a1) from the definition of owner in clause 1. 29
Page 35
Transport Administration Amendment Bill 2010
Schedule 4 Amendments relating to Sydney Metro
[12] Schedule 6A, clause 1, definition of "rail authority" 1
Omit "and Sydney Metro" from paragraph (a). 2
[13] Schedule 6A, clause 2CA 3
Omit the clause. 4
[14] Schedule 6B Special provisions for underground rail facilities 5
Omit ", Sydney Metro" from the definition of rail authority in clause 1 (1). 6
[15] Schedule 8A 7
Insert after Schedule 8: 8
Schedule 8A Sydney Metro 9
1 Definitions 10
In this Schedule: 11
assets means any legal or equitable estate or interest (whether 12
present or future and whether vested or contingent and whether 13
personal or assignable) in real or personal property of any 14
description (including money), and includes securities, choses in 15
action and documents. 16
liabilities means any liabilities, debts or obligations (whether 17
present or future and whether vested or contingent and whether 18
personal or assignable). 19
rights means any rights, powers, privileges or immunities 20
(whether present or future and whether vested or contingent and 21
whether personal or assignable). 22
2 Continuation of Sydney Metro 23
(1) The corporation constituted under section 55B immediately 24
before the commencement of this Schedule is continued by this 25
clause with the corporate name of Sydney Metro. 26
(2) The corporation continued by this clause is for all purposes 27
(including the rules of private international law) the same legal 28
entity as Sydney Metro constituted under section 55B 29
immediately before the commencement of this Schedule. 30
(3) Sydney Metro: 31
(a) has the functions conferred or imposed on it by or under 32
this or any other Act, and 33
(b) is a NSW Government agency. 34
Page 36
Transport Administration Amendment Bill 2010
Amendments relating to Sydney Metro Schedule 4
3 Objectives and functions of Sydney Metro 1
(1) The objectives of Sydney Metro are as follows: 2
(a) to manage its assets, rights and liabilities effectively and 3
responsibly, 4
(b) to minimise the risk exposure of the State arising from its 5
activities, 6
(c) to achieve the efficient and timely winding up of residual 7
business activities. 8
(2) Sydney Metro has the following functions: 9
(a) such functions as may be necessary or convenient to 10
enable it to exercise its rights and discharge its obligations 11
under or in connection with its assets, rights and liabilities 12
(including the sale, lease or disposal of any of its property), 13
(b) any other functions conferred or imposed on it by or under 14
this or any other Act. 15
(3) Sydney Metro may do any thing that is supplemental or 16
incidental to the exercise of its functions. 17
4 Director-General to manage and control affairs of Sydney Metro 18
(1) The affairs of Sydney Metro are to be managed and controlled by 19
the Director-General. 20
(2) Any act, matter or thing done in the name of, or on behalf of, 21
Sydney Metro by the Director-General is taken to have been done 22
by Sydney Metro. 23
(3) The seal of Sydney Metro is to be kept by the Director-General 24
and affixed to a document only: 25
(a) in the presence of the Director-General or a member of 26
staff of Transport NSW authorised by the 27
Director-General, and 28
(b) with an attestation by the signature of the Director-General 29
or that member of staff of the fact of the affixing of the 30
seal. 31
(4) Until its dissolution, Sydney Metro is taken to be a public 32
transport agency for the purposes of section 3C (General 33
functions of Director-General). 34
Page 37
Transport Administration Amendment Bill 2010
Schedule 4 Amendments relating to Sydney Metro
5 Delegation of functions of Sydney Metro 1
(1) Sydney Metro may delegate to an authorised person any of the 2
functions of Sydney Metro, other than this power of delegation. 3
(2) A delegate may subdelegate to an authorised person any function 4
delegated by Sydney Metro if the delegate is authorised in 5
writing to do so by Sydney Metro. 6
(3) In this clause, authorised person means: 7
(a) a member of staff of Transport NSW, or 8
(b) a person of a class prescribed by the regulations or 9
approved by the Director-General. 10
6 Sydney Metro Fund 11
(1) There is to continue in the Special Deposits Account a Sydney 12
Metro Fund. 13
(2) The following is to be paid into the Sydney Metro Fund: 14
(a) all money received by or on account of Sydney Metro, 15
(b) all money advanced to Sydney Metro by the Treasurer or 16
appropriated by Parliament for the purposes of Sydney 17
Metro, 18
(c) all other money required by or under this or any other Act 19
to be paid into the Sydney Metro Fund. 20
(3) The following is to be paid from the Sydney Metro Fund: 21
(a) all payments made on account of Sydney Metro or 22
otherwise required to meet expenditure incurred in relation 23
to the functions of Sydney Metro, 24
(b) such amounts as the Treasurer considers are required to 25
reimburse the Treasury for refunding surplus 26
Commonwealth grants relating to metro projects, 27
(c) such amounts as the Treasurer considers to be surplus to 28
the requirements of the Sydney Metro Fund pending the 29
dissolution of Sydney Metro, 30
(d) all other payments required by or under this or any other 31
Act to be paid from the Sydney Metro Fund. 32
7 Annual report 33
A report under the Annual Reports (Departments) Act 1985 in 34
respect of Transport NSW may include any annual report 35
required to be made in respect of Sydney Metro under the Annual 36
Reports (Statutory Bodies) Act 1984. 37
Page 38
Transport Administration Amendment Bill 2010
Amendments relating to Sydney Metro Schedule 4
8 Dissolution of Sydney Metro 1
(1) The Governor may, by proclamation published on the NSW 2
legislation website, appoint a day on which Sydney Metro is to be 3
dissolved. 4
(2) On that day, Sydney Metro and each Sydney Metro subsidiary 5
corporation are dissolved and any assets, rights and liabilities of 6
Sydney Metro or the subsidiary corporation become assets, rights 7
and liabilities of the Crown. 8
(3) Schedule 4 applies to the transfer of the assets, rights and 9
liabilities of Sydney Metro and each Sydney Metro subsidiary 10
corporation by the operation of this clause and so applies as if this 11
clause were an order to which that Schedule applies when this 12
clause takes effect. 13
(4) Regulations of a savings and transitional nature may be made 14
consequent on the dissolution of Sydney Metro and each Sydney 15
Metro subsidiary corporation. 16
4.2 Electricity Supply Act 1995 No 94 17
[1] Section 191 Regulations 18
Omit ", Sydney Metro" from section 191 (2A). 19
[2] Dictionary 20
Omit "or Sydney Metro" from the definition of rail network electricity system. 21
4.3 Pipelines Act 1967 No 90 22
Section 3 Definitions 23
Omit ", Sydney Metro" from paragraph (a) of the definition of public 24
authority in section 3 (1). 25
4.4 Public Sector Employment and Management Act 2002 No 43 26
[1] Schedule 1 Divisions of the Government Service 27
Omit the matter relating to the Sydney Metro Division from Part 2. 28
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 29
Omit "Chief Executive Officer of Sydney Metro" from Part 2. 30
Page 39
Transport Administration Amendment Bill 2010
Schedule 4 Amendments relating to Sydney Metro
4.5 Roads Act 1993 No 33 1
Section 94 Roads authority may carry out drainage work across land 2
adjoining public road etc 3
Omit ", Sydney Metro" from section 94 (2). 4
Page 40
Transport Administration Amendment Bill 2010
Amendments relating to Public Transport Ticketing Corporation Schedule 5
Schedule 5 Amendments relating to Public 1
Transport Ticketing Corporation 2
5.1 Transport Administration Act 1988 No 109 3
[1] Part 3B Public Transport Ticketing Corporation 4
Omit the Part. 5
[2] Schedule 4 Transfer of assets, rights and liabilities 6
Omit clause 2 (1) (c). 7
[3] Schedule 9 8
Insert as Schedule 9: 9
Schedule 9 Public Transport Ticketing 10
Corporation 11
1 Definitions 12
In this Schedule: 13
assets means any legal or equitable estate or interest (whether 14
present or future and whether vested or contingent and whether 15
personal or assignable) in real or personal property of any 16
description (including money), and includes securities, choses in 17
action and documents. 18
liabilities means any liabilities, debts or obligations (whether 19
present or future and whether vested or contingent and whether 20
personal or assignable). 21
rights means any rights, powers, privileges or immunities 22
(whether present or future and whether vested or contingent and 23
whether personal or assignable). 24
2 Continuation of Public Transport Ticketing Corporation 25
(1) The corporation constituted under section 35R immediately 26
before the commencement of this Schedule is continued by this 27
clause with the corporate name of the Public Transport Ticketing 28
Corporation. 29
(2) The corporation continued by this clause is for all purposes 30
(including the rules of private international law) the same legal 31
entity as the Public Transport Ticketing Corporation constituted 32
under section 35R immediately before the commencement of this 33
Schedule. 34
Page 41
Transport Administration Amendment Bill 2010
Schedule 5 Amendments relating to Public Transport Ticketing Corporation
(3) The Public Transport Ticketing Corporation: 1
(a) has the functions conferred or imposed on it by or under 2
this or any other Act, and 3
(b) is a NSW Government agency. 4
3 Objectives and functions of PTTC 5
(1) The objectives of the Public Transport Ticketing Corporation are 6
as follows: 7
(a) to manage its assets, rights and liabilities effectively and 8
responsibly, 9
(b) to minimise the risk exposure of the State arising from its 10
activities, 11
(c) to achieve the efficient and timely winding up of residual 12
business activities. 13
(2) The Public Transport Ticketing Corporation has the following 14
functions: 15
(a) such functions as may be necessary or convenient to 16
enable it to exercise its rights and discharge its obligations 17
under or in connection with its assets, rights and liabilities 18
(including the sale, lease or disposal of any of its property), 19
(b) any other functions conferred or imposed on it by or under 20
this or any other Act. 21
(3) The Public Transport Ticketing Corporation may do any thing 22
that is supplemental or incidental to the exercise of its functions. 23
4 Director-General to manage and control affairs of PTTC 24
(1) The affairs of the Public Transport Ticketing Corporation are to 25
be managed and controlled by the Director-General. 26
(2) Any act, matter or thing done in the name of, or on behalf of, the 27
Public Transport Ticketing Corporation by the Director-General 28
is taken to have been done by the Public Transport Ticketing 29
Corporation. 30
(3) The seal of the Public Transport Ticketing Corporation is to be 31
kept by the Director-General and affixed to a document only: 32
(a) in the presence of the Director-General or a member of 33
staff of Transport NSW authorised by the 34
Director-General, and 35
(b) with an attestation by the signature of the Director-General 36
or that member of staff of the fact of the affixing of the 37
seal. 38
Page 42
Transport Administration Amendment Bill 2010
Amendments relating to Public Transport Ticketing Corporation Schedule 5
(4) Until its dissolution, the Public Transport Ticketing Corporation 1
is taken to be a public transport agency for the purposes of section 2
3C (General functions of Director-General). 3
5 Delegation of functions of PTTC 4
(1) The Public Transport Ticketing Corporation may delegate to an 5
authorised person any of the functions of the Corporation, other 6
than this power of delegation. 7
(2) A delegate may subdelegate to an authorised person any function 8
delegated by the Public Transport Ticketing Corporation if the 9
delegate is authorised in writing to do so by the Corporation. 10
(3) In this clause, authorised person means: 11
(a) a member of staff of Transport NSW, or 12
(b) a person of a class prescribed by the regulations or 13
approved by the Director-General. 14
6 PTTC Fund 15
(1) There is to continue in the Special Deposits Account a Public 16
Transport Ticketing Corporation Fund. 17
(2) The following is to be paid into the Public Transport Ticketing 18
Corporation Fund: 19
(a) all money received by or on account of the Public 20
Transport Ticketing Corporation, 21
(b) all money advanced to the Public Transport Ticketing 22
Corporation by the Treasurer or appropriated by 23
Parliament for the purposes of the Corporation, 24
(c) all other money required by or under this or any other Act 25
to be paid into the Fund. 26
(3) The following is to be paid from the Public Transport Ticketing 27
Corporation Fund: 28
(a) all payments made on account of the Public Transport 29
Ticketing Corporation or otherwise required to meet 30
expenditure incurred in relation to the functions of the 31
Corporation, 32
(b) such amounts as the Treasurer considers to be surplus to 33
the requirements of the Fund pending the dissolution of the 34
Public Transport Ticketing Corporation, 35
(c) all other payments required by or under this or any other 36
Act to be paid from the Fund. 37
Page 43
Transport Administration Amendment Bill 2010
Schedule 5 Amendments relating to Public Transport Ticketing Corporation
7 Annual report 1
A report under the Annual Reports (Departments) Act 1985 in 2
respect of Transport NSW may include any annual report 3
required to be made in respect of the Public Transport Ticketing 4
Corporation under the Annual Reports (Statutory Bodies) 5
Act 1984. 6
8 Dissolution of PTTC 7
(1) The Governor may, by proclamation published on the NSW 8
legislation website, appoint a day on which the Public Transport 9
Ticketing Corporation is to be dissolved. 10
(2) On that day, the Public Transport Ticketing Corporation is 11
dissolved and any assets, rights and liabilities of the Corporation 12
become assets, rights and liabilities of the Crown. 13
(3) Schedule 4 applies to the transfer of the assets, rights and 14
liabilities of the Public Transport Ticketing Corporation by the 15
operation of this clause and so applies as if this clause were an 16
order to which that Schedule applies when this clause takes 17
effect. 18
(4) Regulations of a savings and transitional nature may be made 19
consequent on the dissolution of the Public Transport Ticketing 20
Corporation. 21
[4] Schedules 10 and 11 22
Omit the Schedules. 23
5.2 Public Sector Employment and Management Act 2002 No 43 24
Schedule 1 Divisions of the Government Service 25
Omit the matter relating to the Public Transport Ticketing Corporation 26
Division from Part 2. 27
Page 44
Transport Administration Amendment Bill 2010
Amendments relating to Independent Transport Safety and Reliability Schedule 6
Regulator
Schedule 6 Amendments relating to Independent 1
Transport Safety and Reliability 2
Regulator 3
6.1 Transport Administration Act 1988 No 109 4
[1] The whole Act, except Schedule 7 and where otherwise amended by this 5
Act 6
Omit "ITSRR" and "ITSRR's" wherever occurring. 7
Insert instead "ITSR" and "ITSR's", respectively. 8
[2] Section 3 Definitions 9
Omit the definitions of Independent Transport Safety and Reliability 10
Advisory Board and Independent Transport Safety and Reliability Regulator 11
from section 3 (1). 12
Insert instead in alphabetical order: 13
Independent Transport Safety Advisory Board means the 14
Independent Transport Safety Advisory Board established under 15
this Act. 16
Independent Transport Safety Regulator means the Independent 17
Transport Safety Regulator constituted under this Act. 18
[3] Part 4A (headings to the Part and Divisions 24 and 6), sections 42A 19
(definition of "Board"), 42B (1), 42T (1), 103, 107 (1) (a1), 111 (5) and 20
112 (2) (definition of "member of a transport authority"), Schedule 2A 21
(Schedule heading and clause 1) and clause 16 (4) of Schedule 6A 22
Omit "and Reliability" wherever occurring. 23
[4] Section 42A Definitions 24
Omit the definitions of funded transport service and reliability. 25
[5] Section 42A 26
Omit the definition of ITSRR. Insert instead: 27
ITSR means the Independent Transport Safety Regulator. 28
[6] Section 42C Objectives of ITSR 29
Omit "and reliability as fundamental objectives" from section 42C (2) (b). 30
Insert instead "as a fundamental objective". 31
Page 45
Transport Administration Amendment Bill 2010
Schedule 6 Amendments relating to Independent Transport Safety and Reliability
Regulator
[7] Section 42D General functions of ITSR 1
Omit section 42D (2) (c) and (e). 2
[8] Section 42D (2) (h) 3
Omit "or the reliability of funded transport services,". 4
[9] Section 42E ITSR may advise on and monitor safety 5
Omit section 42E (1). Insert instead: 6
(1) The ITSR is to advise the Minister with respect to the 7
performance of transport authorities in connection with the 8
exercise of their functions relating to the safe operation of 9
transport services. 10
[10] Section 42E (3) 11
Omit the subsection. 12
[11] Section 42F Auditing of transport authorities and owners and operators 13
of transport services 14
Insert ", for the purposes of exercising its functions under this Part," after 15
"may" in section 42F (1). 16
[12] Section 42G Reports to Minister on performance 17
Omit "and reliability" from section 42G (1). 18
[13] Section 42I Power of ITSR to give directions relating to safe operation of 19
transport services 20
Insert after section 42I (1): 21
(1A) Any such direction to the Director-General may be given only in 22
relation to a function of a kind that was exercisable by the 23
Director-General before the commencement of this subsection. 24
[14] Section 42I (2) 25
Omit "functions of the Ministry of Transport relating solely to the Ministry". 26
Insert instead "functions of Transport NSW relating solely to Transport 27
NSW". 28
[15] Section 42P Limitations on Ministerial control of ITSR 29
Omit "or reliability" from section 42P (2) (d). 30
Page 46
Transport Administration Amendment Bill 2010
Amendments relating to Independent Transport Safety and Reliability Schedule 6
Regulator
[16] Section 42P (2) (g) 1
Insert after section 42P (2) (f): 2
(g) the exercise of a function as a relevant safety regulator 3
under section 3E. 4
[17] Section 42U General functions of Board 5
Omit "or the reliability of funded transport services" from section 42U (3). 6
6.2 Passenger Transport Act 1990 No 39 7
Section 6B 8
Insert at the end of Part 1: 9
6B Arrangements with ITSR for exercise of Director-General's safety 10
functions 11
(1) The Director-General and the Independent Transport Safety 12
Regulator (ITSR) may enter into an arrangement for the ITSR to 13
assist the Director-General in connection with the exercise of any 14
of the Director-General's transport safety functions under this 15
Act. 16
(2) For the purposes of any such arrangement, the Director-General 17
may delegate any of his or her functions under this Act to the 18
ITSR and the ITSR may subdelegate to any member of staff of 19
the ITSR any function delegated to the ITSR. 20
(3) Any such arrangement may make provision for the 21
re-imbursement of the ITSR by the Director-General for the costs 22
incurred in connection with the provision of assistance under the 23
arrangement. 24
(4) In this section, transport safety functions include: 25
(a) functions relating to the assessment of the capacity of an 26
accredited service operator (or of a prospective such 27
operator) to meet the government's standards of safety of 28
passengers and the public, and 29
(b) functions relating to the safety management systems of 30
accredited service operators, and 31
(c) functions relating to the drug and alcohol programs for 32
employees of accredited service operators, and 33
(d) functions relating to any other conditions of accreditation 34
of an accredited service operator that affect the safety of 35
passengers and the public. 36
Page 47
Transport Administration Amendment Bill 2010
Schedule 6 Amendments relating to Independent Transport Safety and Reliability
Regulator
6.3 Public Finance and Audit Act 1983 No 152 1
Schedule 2 Statutory bodies 2
Omit "Independent Transport Safety and Reliability Regulator". 3
Insert instead "Independent Transport Safety Regulator". 4
6.4 Public Sector Employment and Management Act 2002 No 43 5
[1] Schedule 1 Divisions of the Government Service 6
Omit the matter relating to the Independent Transport Safety and Reliability 7
Regulator Division from Part 2. 8
Insert instead: 9
Independent Transport Safety Regulator Chief Executive of the Independent
Division Transport Safety Regulator
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 10
Omit "and Reliability" from Part 2. 11
Page 48
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
Schedule 7 Consequential and other amendments 1
7.1 Transport Administration Act 1988 No 109 2
[1] Long title 3
Omit the long title. Insert instead: 4
An Act relating to the administration of transport; and for other purposes. 5
[2] Section 3 Definitions 6
Insert in alphabetical order in section 3 (1): 7
Advisory Council means the Transport Advisory Council 8
established under Part 5. 9
[3] Section 3 (1), definitions of "Authority" and "officer" 10
Omit the definitions. 11
[4] Section 3 (1), definitions of "Ministerial Holding Corporation" and 12
"Transport Administration Corporation" 13
Omit the definitions. 14
[5] Section 3 (1), definitions of "Roads and Traffic Advisory Council" and 15
"Transport Advisory Group" 16
Omit the definitions. 17
[6] Section 3 (4) 18
Omit the subsection. 19
[7] Section 3A Metropolitan rail area 20
Omit "the Ministry of Transport" from section 3A (1). 21
Insert instead "Transport NSW". 22
[8] Section 3A (6) 23
Omit the subsection. 24
[9] Section 10 Other functions of RailCorp 25
Omit section 10 (3). 26
[10] Section 11 Acquisition of land by RailCorp 27
Omit "portfolio Minister" from section 11 (4). 28
Insert instead "Director-General". 29
Page 49
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
[11] Sections 11A (3), 35EA (3) and 100 (3) 1
Omit the subsections. 2
[12] Sections 16 (2) and 35K (2) 3
Omit "Officer" wherever occurring. 4
[13] Sections 17, 29, 35L and 49 (Ministerial control) 5
Omit the sections. 6
[14] Sections 17C17E, 3234, 35O35Q, 51 and 52 (Subsidiary corporations 7
etc) 8
Omit the sections. 9
[15] Section 31 Corporate plans 10
Omit "(including the requirements of any direction by the Minister under 11
section 29)" from section 31 (5). 12
[16] Section 31 (6) 13
Omit the subsection. 14
[17] Section 35F Acquisition of land by Sydney Ferries 15
Omit "portfolio Minister" from section 35F (4). 16
Insert instead "Director-General". 17
[18] Part 4 Director-General of the Ministry of Transport 18
Omit the Part. 19
[19] Section 42A Definitions 20
Omit paragraph (f) of the definition of transport authority. 21
[20] Section 42J Duties of authorities and owners and operators to 22
co-operate with ITSR 23
Omit "board and chief executive officer". 24
Insert instead "chief executive". 25
[21] Part 6, Division 2 Roads and Traffic Advisory Council 26
Omit the Division. 27
[22] Part 7, heading 28
Omit "certain". 29
Page 50
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
[23] Part 7, Division 1, heading 1
Omit "an Authority, Sydney Metro or ITSRR". 2
Insert instead "certain authorities". 3
[24] Section 56 4
Omit the section. Insert instead: 5
56 Application of Division 6
This Division applies to and in respect of such staff as are 7
employed under Chapter 1A of the Public Sector Employment 8
and Management Act 2002 in a Division of the Government 9
Service (other than a Department within the meaning of that Act) 10
to enable any of the following bodies to exercise its functions: 11
(a) Roads and Traffic Authority, 12
(b) State Transit Authority, 13
(c) Independent Transport Safety Regulator, 14
(d) until their dissolution, Sydney Metro and the Public 15
Transport Ticketing Corporation. 16
[25] Sections 58 and 95 17
Omit the sections. 18
[26] Section 70 Payments into RailCorp Fund 19
Omit section 70 (b) and (c). Insert instead: 20
(b) all money advanced to RailCorp by the Treasurer, and 21
(c) all money: 22
(i) appropriated by Parliament for the purposes of 23
Transport NSW and allocated to RailCorp by the 24
Director-General, or 25
(ii) otherwise appropriated by Parliament for the 26
purposes of RailCorp, and 27
Page 51
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
[27] Section 74 Payments into State Transit Authority Fund 1
Omit section 74 (b). Insert instead: 2
(b) all money advanced to the State Transit Authority by the 3
Treasurer, and 4
(b1) all money: 5
(i) appropriated by Parliament for the purposes of 6
Transport NSW and allocated to the State Transit 7
Authority by the Director-General, or 8
(ii) otherwise appropriated by Parliament for the 9
purposes of the State Transit Authority, and 10
[28] Section 78 Payments into Roads and Traffic Authority Fund 11
Omit section 78 (1) (a). Insert instead: 12
(a) all money: 13
(i) advanced to the Roads and Traffic Authority by the 14
Treasurer, or 15
(ii) appropriated by Parliament for the purposes of 16
Transport NSW and allocated to the Roads and 17
Traffic Authority by the Director-General, or 18
(iii) otherwise appropriated by Parliament for the 19
purposes of the Roads and Traffic Authority, 20
but excluding money advanced or appropriated for such 21
non-capital expenditure as may be prescribed by the 22
regulations, and 23
[29] Section 80E Payments into Sydney Ferries Fund 24
Omit section 80E (b) and (c). Insert instead: 25
(b) all money advanced to Sydney Ferries by the Treasurer, 26
and 27
(c) all money: 28
(i) appropriated by Parliament for the purposes of 29
Transport NSW and allocated to Sydney Ferries by 30
the Director-General, or 31
(ii) otherwise appropriated by Parliament for the 32
purposes of Sydney Ferries, and 33
Page 52
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
[30] Section 81A 1
Insert before section 81: 2
81A Definition 3
In this Division: 4
Authority means any of the following: 5
(a) RailCorp, 6
(b) Roads and Traffic Authority, 7
(c) State Transit Authority, 8
(d) Sydney Ferries, 9
(e) Transport Construction Authority, 10
(f) Country Rail Infrastructure Authority, 11
(g) until its dissolution, the Public Transport Ticketing 12
Corporation. 13
[31] Section 88 Free or subsidised railway, bus or ferry travel 14
Omit "section 39" from section 88 (5). Insert instead "section 104EA". 15
[32] Sections 93 (6) (definition of "authorised officer") and 96 and clauses 16
6 (1) (b) and 7 (3) of Schedule 6A 17
Omit "chief executive officer" wherever occurring. 18
Insert instead "chief executive". 19
[33] Section 94 Transfers of assets, rights and liabilities 20
Omit "the Transport Administration Corporation," from the definition of rail 21
authority in section 94 (6). 22
[34] Section 96 Person may be chief executive of more than one authority 23
Omit "a member of the board of one or more rail authorities or". 24
[35] Part 9, Division 1C Delegation by Minister 25
Omit the Division. 26
[36] Section 101 Acquisition of land 27
Insert after section 101 (3): 28
(3A) The State Transit Authority may not give a proposed acquisition 29
notice under the Land Acquisition (Just Terms Compensation) 30
Act 1991 without the approval of the Director-General. 31
Page 53
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
[37] Sections 104A104C 1
Omit the sections. 2
[38] Section 104D Transport Administration Corporation 3
Omit the section. 4
[39] Section 104EA 5
Insert after section 104E: 6
104EA Government subsidised travel schemes 7
(1) The Director-General is to administer, or arrange for the 8
administration of, any scheme approved by the Minister for 9
Government subsidised travel on passenger services. 10
(2) If the regulations so provide, persons of a class prescribed by the 11
regulations are not entitled to subsidised travel under any such 12
scheme. This subsection applies despite any approval or direction 13
of the Minister or the Anti-Discrimination Act 1977. 14
(3) Payments required to be made in accordance with any such 15
scheme are to be made from such money as may be provided by 16
Parliament for the purpose. 17
[40] Section 104F Sale, lease or other disposal of land 18
Omit section 104F (2). 19
[41] Section 104G 20
Omit the section. Insert instead: 21
104G Acquisition of land 22
(1) The Director-General may, for the purpose of the exercise of the 23
Director-General's functions, acquire land (including an interest 24
in land) by agreement or by compulsory process in accordance 25
with the Land Acquisition (Just Terms Compensation) Act 1991. 26
(2) The other purposes for which land may be acquired under 27
subsection (1) include for the purposes of a future sale, lease or 28
disposal, that is, to enable the Director-General to exercise his or 29
her functions in relation to land under this Act. 30
(3) An acquisition of land under this section is not void merely 31
because it is expressed to be for the purposes of exercising the 32
functions of the Director-General or for the purposes of this Act. 33
(4) Without limiting the generality of this section, the purposes for 34
which land may be acquired under this section include acquiring 35
Page 54
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
land for future use for transport infrastructure or services referred 1
to in section 3C. 2
[42] Section 104J Annual reporting requirements 3
Omit the section. 4
[43] Section 104V Resolution of disputes concerning routes of light rail 5
systems 6
Omit section 104V (1). Insert instead: 7
(1) This section applies to a dispute between the relevant Ministers 8
about a recommendation under section 104N relating to the 9
declaration of a route of a light rail system. 10
[44] Section 104V (2) 11
Omit "the Ministry of Transport". Insert instead "Transport NSW". 12
[45] Section 104V (3) 13
Omit the subsection. 14
[46] Section 107 Definition of "transport authority" 15
Omit section 107 (1) (d). 16
[47] Section 107 (3) 17
Insert after section 107 (2): 18
(3) In sections 110, 112, 113 and 115, a reference to a transport 19
authority includes a reference to the Director-General. 20
[48] Section 109 Seals of Authorities 21
Omit "(including the ITSRR)". 22
[49] Section 109 (2) 23
Insert at the end of the section: 24
(2) In this section: 25
Authority means any of the following: 26
(a) RailCorp, 27
(b) Roads and Traffic Authority, 28
(c) State Transit Authority, 29
(d) Sydney Ferries, 30
(e) Transport Construction Authority, 31
Page 55
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
(f) Country Rail Infrastructure Authority, 1
(g) Independent Transport Safety Regulator. 2
[50] Section 111 Referral of disputes 3
Insert after section 111 (1): 4
(1A) If any dispute with respect to the carrying out of the functions of 5
the Director-General under this Act arises between the 6
Director-General and a public authority (other than a transport 7
authority), either party may refer the matter to the Minister. 8
[51] Section 111 (2) 9
Omit "to the dispute". Insert instead "to a dispute under this section". 10
[52] Section 112 Personal liability of certain persons 11
Omit the definition of transport authority from section 112 (2). Insert instead: 12
transport authority includes: 13
(a) the Independent Transport Safety Advisory Board, and 14
(b) the Chief Investigator. 15
[53] Section 113 Presumption of validity 16
Insert "or the Director-General" after "the Minister" in section 113 (1). 17
[54] Part 9, Division 7 State Rail Authority 18
Omit the Division. 19
[55] Schedule 1 Constitution and procedure of Boards 20
Omit the Schedule. 21
[56] Schedule 2 Provisions relating to Chief Executives 22
Omit the definition of Chief Executive from clause 1. Insert instead: 23
Chief Executive means the Chief Executive of any of the 24
following bodies: 25
(a) RailCorp, 26
(b) Roads and Traffic Authority, 27
(c) State Transit Authority, 28
(d) Sydney Ferries, 29
(e) Transport Construction Authority, 30
(f) Country Rail Infrastructure Authority. 31
Page 56
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
[57] Schedule 2, clause 1A 1
Insert at the end of the clause: 2
(2) This clause is subject to clauses 164 and 175 of Schedule 7. 3
[58] Schedule 2, clause 3 4
Omit "Minister" wherever occurring. Insert instead "Director-General". 5
[59] Schedule 3, heading 6
Omit "Group and Roads and Traffic Advisory". 7
[60] Schedule 3 8
Omit "(Sections 43 (3), 54 (3))". 9
[61] Schedule 3, clause 1 10
Omit the clause. Insert instead: 11
1 Definition 12
In this Schedule: 13
member means an ex-officio or appointed member of the 14
Advisory Council. 15
[62] Schedule 3, clause 3 16
Omit the clause. Insert instead: 17
3 Chairperson of Advisory Council 18
(1) Of the appointed members of the Advisory Council, one is (in 19
and by the member's instrument of appointment or in and by 20
another instrument executed by the Minister) to be appointed as 21
Chairperson of the Advisory Council. 22
(2) The Minister may remove a member from the office of 23
Chairperson of the Advisory Council at any time. 24
(3) A person who is a member and Chairperson of the Advisory 25
Council vacates office as Chairperson if the person: 26
(a) is removed from that office by the Minister, or 27
(b) resigns that office by instrument in writing addressed to 28
the Minister, or 29
(c) ceases to be a member. 30
[63] Schedule 3, clauses 4 (3), 7 (1) (e) and 1014 31
Omit "an Advisory" wherever occurring. Insert instead "the Advisory". 32
Page 57
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
[64] Schedule 3, clause 9A 1
Insert after clause 9: 2
9A Personal liability 3
A matter or thing done or omitted to be done by the Advisory 4
Council, a member of the Advisory Council or a person acting 5
under the direction of the Advisory Council does not, if the 6
matter or thing was done or omitted to be done in good faith for 7
the purpose of executing this or any other Act, subject a member 8
or a person so acting personally to any action, liability, claim or 9
demand. 10
[65] Schedule 4 Transfer of assets, rights and liabilities 11
Omit "(Section 94)". 12
[66] Schedule 4, clause 2 (1) 13
Insert at the end of the subclause: 14
Note. A transfer under clause 180 of Schedule 7, clause 8 of 15
Schedule 8A and clause 8 of Schedule 9 also operates as if it were an 16
order to which this Schedule applies. 17
[67] Schedule 5 Extended leave for certain staff 18
Omit "(Section 58)". 19
[68] Schedule 5, clause 2 20
Omit the definition of Authority. Insert instead: 21
Authority means any of the following: 22
(a) RailCorp, 23
(b) Roads and Traffic Authority, 24
(c) State Transit Authority, 25
(d) Sydney Ferries, 26
(e) Transport Construction Authority, 27
(f) Country Rail Infrastructure Authority, 28
(g) Independent Transport Safety Regulator, 29
(h) until their dissolution, Sydney Metro and the Public 30
Transport Ticketing Corporation. 31
[69] Schedule 6 Transfer of certain staff 32
Omit the Schedule. 33
Page 58
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
[70] Schedule 7 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
Transport Administration Amendment Act 2010 3
[71] Schedule 7, clauses 106 and 138 4
Omit the clauses. 5
[72] Schedule 7, Part 19 6
Insert after Part 18: 7
Part 19 Provisions consequent on enactment of 8
Transport Administration Amendment 9
Act 2010 10
174 References to Department of Transport and Infrastructure 11
A reference in any Act (other than this Act), in any instrument 12
made under any Act or in any document of any kind to the 13
Department of Transport and Infrastructure is to be construed as 14
a reference to Transport NSW. 15
175 Existing chief executives of transport agencies 16
(1) The person holding office as the chief executive (however 17
described) of any of the following bodies immediately before the 18
commencement of this clause is taken to have been appointed by 19
the Director-General, for the balance of the person's term of 20
appointment, as the chief executive of the body in respect of 21
which the person formerly held office as chief executive: 22
(a) RailCorp, 23
(b) Roads and Traffic Authority, 24
(c) State Transit Authority, 25
(d) Sydney Ferries. 26
(2) The person holding office as the chief executive officer of 27
Transport Infrastructure Development Corporation immediately 28
before the commencement of this clause is taken to have been 29
appointed by the Director-General, for the balance of the 30
person's term of appointment, as the chief executive of the 31
Transport Construction Authority: 32
(a) with the same remuneration as that payable to the person 33
immediately before that commencement, and 34
Page 59
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
(b) on such other terms and conditions relating to that previous 1
appointment as the Director-General determines after 2
consultation with the Director of Public Employment. 3
(3) The person holding office as the chief executive officer of Rail 4
Infrastructure Corporation immediately before the 5
commencement of this clause is taken to have been appointed by 6
the Director-General, for the balance of the person's term of 7
appointment, as the chief executive of the Country Rail 8
Infrastructure Authority: 9
(a) with the same remuneration as that payable to the person 10
immediately before that commencement and, 11
(b) on such other terms and conditions relating to that previous 12
appointment as the Director-General determines after 13
consultation with the Director of Public Employment. 14
(4) The person holding office as the chief executive officer of 15
Sydney Metro immediately before the commencement of this 16
clause ceases to hold that office. 17
(5) The person holding office as the chief executive officer of the 18
Public Transport Ticketing Corporation immediately before the 19
commencement of this clause ceases to hold that office. 20
(6) No compensation or remuneration is payable to any person as a 21
consequence of: 22
(a) the person ceasing to hold any office, or 23
(b) the effect on a person's existing contract of employment, 24
because of the operation of this clause. 25
(7) Except as provided by this clause and clause 164, the 26
continuation of a person's appointment under this clause is 27
subject to Part 3.1 of the Public Sector Employment and 28
Management Act 2002. 29
176 Existing Boards of transport agencies 30
(1) In this clause: 31
existing Board means any of the following as constituted under 32
this Act immediately before the commencement of this clause: 33
(a) RailCorp Board, 34
(b) State Transit Authority Board, 35
(c) Sydney Ferries Board, 36
(d) Public Transport Ticketing Corporation Board, 37
(e) Sydney Metro Board, 38
Page 60
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
(f) board of directors of Transport Infrastructure 1
Development Corporation, 2
(g) board of directors of Rail Infrastructure Corporation. 3
(2) Each existing Board is abolished. 4
(3) A person who, immediately before the commencement of this 5
clause, held office as a member of an existing Board: 6
(a) ceases to hold that office, and 7
(b) is not entitled to any remuneration or compensation 8
because of the loss of that office. 9
177 Existing Advisory Councils 10
(1) In this clause: 11
existing Advisory Council means the Transport Advisory Group 12
or the Roads and Traffic Advisory Council as constituted under 13
this Act immediately before the commencement of this clause. 14
(2) Each existing Advisory Council is abolished. 15
(3) A person who, immediately before the commencement of this 16
clause, held office as an appointed member of an existing 17
Advisory Council: 18
(a) ceases to hold that office, and 19
(b) is not entitled to any remuneration or compensation 20
because of the loss of that office, but is eligible to be 21
appointed as a member of the Transport Advisory Council 22
established under Part 5 of this Act. 23
178 Existing subsidiary corporations of transport authorities 24
(1) Each subsidiary corporation constituted under a provision of this 25
Act immediately before the repeal of that provision by the 26
Transport Administration Amendment Act 2010 is, subject to the 27
regulations, taken to be constituted under Part 6B (as inserted by 28
that Act) as a subsidiary corporation of the transport authority in 29
respect of which the subsidiary corporation was previously 30
constituted. 31
(2) Without limiting the operation of subclause (1), Western Sydney 32
Buses is, on the repeal of section 33 by the Transport 33
Administration Amendment Act 2010, taken to have been 34
constituted as a public subsidiary corporation of the State Transit 35
Authority by the regulations under section 55C (as inserted by 36
that Act). 37
Page 61
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
179 Existing delegations of functions under Passenger Transport Act 1
1990 2
Any delegation by the Director-General under this Act of the 3
Director-General's functions under the Passenger Transport 4
Act 1990 is taken to have been delegated under section 62A of 5
that Act (as inserted by the Transport Administration Amendment 6
Act 2010). 7
180 Abolition of Transport Administration Corporation 8
(1) The Transport Administration Corporation is abolished. 9
(2) The assets, rights and liabilities of the Transport Administration 10
Corporation are, on the abolition of the Corporation, transferred 11
to the Crown. 12
(3) Schedule 4 applies to the transfer of the assets, rights and 13
liabilities of the Transport Administration Corporation by the 14
operation of this clause and so applies as if this clause were an 15
order to which that Schedule applies when this clause takes 16
effect. 17
[73] Schedule 8 SRA Residual Holding Corporation 18
Omit "(Section 128)". 19
[74] Schedule 8, clause 23 20
Omit the clause. 21
7.2 Electricity (Consumer Safety) Act 2004 No 4 22
Section 3 Definitions 23
Insert after paragraph (b) of the definition of electricity supply authority in 24
section 3 (1): 25
(b1) Rail Corporation New South Wales, and 26
7.3 Local Government Act 1993 No 30 27
Section 555 What land is exempt from all rates? 28
Omit section 555 (1) (g1). Insert instead: 29
(g1) land that is vested in or owned by a public transport agency 30
(within the meaning of section 3C of the Transport 31
Administration Act 1988) and in, on or over which rail 32
infrastructure facilities (within the meaning of that Act) are 33
installed, 34
Page 62
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
7.4 Passenger Transport Act 1990 No 39 1
[1] Section 3 Definitions 2
Omit the definitions of Department and Director-General from section 3 (1). 3
Insert instead in alphabetical order: 4
Director-General means the Director-General of Transport 5
NSW. 6
[2] Section 46W Appointment of authorised officers 7
Omit "the Department" from section 46W (1). 8
Insert instead "Transport NSW". 9
[3] Section 62A 10
Insert after section 62: 11
62A Delegation of Director-General's functions 12
(1) The Director-General may delegate to an authorised person any 13
of the Director-General's functions under this Act, other than this 14
power of delegation. 15
(2) A delegate may subdelegate to an authorised person any function 16
delegated by the Director-General if the delegate is authorised in 17
writing to do so by the Director-General. 18
(3) In this section, authorised person means: 19
(a) a member of staff of Transport NSW, or 20
(b) a person of a class prescribed by the regulations. 21
7.5 Public Finance and Audit Act 1983 No 152 22
Schedule 3 Departments 23
Omit the matter relating to the Department of Transport and Infrastructure. 24
Insert instead: 25
Transport NSW Director-General of Transport NSW
Page 63
Transport Administration Amendment Bill 2010
Schedule 7 Consequential and other amendments
7.6 Public Sector Employment and Management Act 2002 No 43 1
[1] Section 6 The Public Service 2
Insert after section 6 (2): 3
(3) If a branch of any such Division is specified in Part 3 of 4
Schedule 1, that branch is not part of the Public Service of New 5
South Wales. 6
[2] Section 63 Definitions 7
Omit the definition of public authority from section 63 (1). Insert instead: 8
public authority means an authority which is established by or 9
under an Act and which is (or whose governing authority is) 10
constituted by persons appointed by (or with the approval of) the 11
Governor or a Minister, but does not include the Teaching 12
Service, the Government Service, the NSW Health Service or the 13
NSW Police Force. 14
[3] Section 63 (1), definition of "remuneration package" 15
Insert ", subject to subsection (4)," after "means". 16
[4] Section 63 (2) (a) 17
Insert "(other than a chief executive officer referred to in paragraph (a1))" after 18
"officer". 19
[5] Section 63 (2) (a1) 20
Insert after section 63 (2) (a): 21
(a1) in the case of a chief executive officer appointed as the 22
chief executive of Rail Corporation New South Wales, the 23
Roads and Traffic Authority, the State Transit Authority, 24
Sydney Ferries, the Transport Construction Authority or 25
the Country Rail Infrastructure Authority--the 26
Director-General of Transport NSW, or 27
[6] Section 63 (4) 28
Insert after section 63 (3): 29
(4) For the purposes of this Part, the remuneration package for a 30
chief executive officer to whom subsection 2 (a1) applies is the 31
remuneration package determined by the Director-General of 32
Transport NSW with the concurrence of the Director of Public 33
Employment. 34
Page 64
Transport Administration Amendment Bill 2010
Consequential and other amendments Schedule 7
[7] Schedule 1 Divisions of the Government Service 1
Omit "a statutory corporation" from the note at the beginning of Part 3. 2
Insert instead "an agency". 3
[8] Schedule 2 Executive positions (other than non-statutory SES positions) 4
Insert after the position of Chief Executive of RailCorp in Part 2 (Chief 5
executive positions (heads of public authorities)): 6
Chief Executive of the Transport Construction Authority 7
Chief Executive of the Country Rail Infrastructure Authority 8
7.7 Public Sector Employment and Management (Departmental 9
Amalgamations) Order 2009 10
Clause 35 Transfer of certain staff to new Department 11
Omit the clause. 12
Page 65
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