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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Administration Amendment
(Transport Levy for Major Events) Bill
2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Transport Administration Act 1988 No 109 2
Schedule 1 Amendments 3
b04-102-07.p04
New South Wales
Transport Administration Amendment
(Transport Levy for Major Events) Bill
2005
No , 2005
A Bill for
An Act to amend the Transport Administration Act 1988 to provide for a transport
levy to assist in meeting costs arising out of the provision of public transport services
for major events; and for other purposes.
Transport Administration Amendment (Transport Levy for Major Events) Bill
Clause 1 2005
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Transport Administration Amendment (Transport Levy 3
for Major Events) Act 2005. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Transport Administration Act 1988 No 109 7
The Transport Administration Act 1988 is amended as set out in 8
Schedule 1. 9
Page 2
Transport Administration Amendment (Transport Levy for Major Events) Bill
2005
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 36 References to Director-General 3
Insert "Division 1 of Part 8 or" before "Division 2A of Part 9". 4
[2] Part 8, Division 1 5
Insert before Division 2 of Part 8: 6
Division 1 Transport levies for major events 7
69 Definitions 8
In this Division: 9
major event means an event declared by the Minister, by order 10
under section 70, to be a major event for which a transport levy 11
is to be levied. 12
organiser of a major event means the person or organisation that 13
conducts the event or on whose behalf the event is conducted, or 14
the person (if any) prescribed by the regulations as the organiser 15
of a major event for the purposes of this Division. 16
patron of a major event means a person who purchases or who is 17
issued a ticket (however described) to the event, and includes a 18
person whose entitlement to attend the event derives from the 19
purchase of a membership or other benefit entitling the person to 20
attend events at the venue for the major event. 21
public transport service means a public transport service 22
provided by a transport authority or by another transport provider 23
under an arrangement entered into with a transport authority. 24
transport authority means: 25
(a) the Director-General, or 26
(b) the Roads and Traffic Authority, or 27
(c) RailCorp, or 28
(d) Sydney Ferries, or 29
(e) the State Transit Authority, or 30
(f) the State Rail Authority. 31
transport levy means a transport levy levied under this Division. 32
Page 3
Transport Administration Amendment (Transport Levy for Major Events) Bill
2005
Schedule 1 Amendments
70 Declaration of major events 1
(1) The Minister may, by order published in the Gazette, declare a 2
particular event to be a major event for which a transport levy is 3
to be levied. 4
(2) An order may apply to the following: 5
(a) an event conducted at Sydney Olympic Park, 6
(b) any other event prescribed by the regulations for the 7
purposes of this section. 8
71 Transport levy 9
(1) The transport levy for a major event is payable by patrons of the 10
event. 11
(2) The amount or amounts of a transport levy payable by patrons, 12
and the public transport services to be provided, for a major event 13
are to be determined by the Director-General after consultation 14
with the organiser of the major event and the manager of the 15
venue (if any) for the major event. 16
(3) The Director-General may determine that the transport levy 17
payable is to vary according to the type of ticket (however 18
described) purchased by or issued to a patron or the type of 19
entitlement of a patron to attend the event and may exclude 20
patrons or classes of patrons from liability to pay the levy. 21
(4) In determining the amount or amounts of a transport levy for a 22
major event, the Director-General is to have regard to the cost of 23
providing public transport services for the event and associated 24
costs and such other matters as the Director-General thinks fit. 25
(5) Money from a transport levy is to be applied for the provision of 26
public transport services for major events and for associated or 27
other public transport purposes. 28
72 Payment of transport levy 29
(1) The transport levy for a major event is to be paid in the manner 30
and within the period determined by the Director-General. 31
(2) All of the patrons of the event are required to pay an amount of 32
transport levy whether or not those patrons use the public 33
transport services covered by the transport levy, subject to any 34
determination under section 71 (3). 35
(3) Money from a transport levy is payable to an account under the 36
control of the Director-General in the Special Deposits Account 37
that may be used for the purposes set out in section 71 (5). 38
Page 4
Transport Administration Amendment (Transport Levy for Major Events) Bill
2005
Amendments Schedule 1
72A Agreements as to collection and payment of transport levy 1
(1) The Director-General, or any other person authorised by the 2
Director-General, may enter into an agreement with the organiser 3
of a major event or the manager of a venue for a major event as 4
to any of the following matters: 5
(a) the payment by patrons of the transport levy, including the 6
inclusion of the levy in the price of a ticket to a major event 7
or the price of a membership or other benefit, 8
(b) the sale and use of a ticket to the major event as a ticket 9
enabling the use of public transport services, 10
(c) the sale or issue by a transport authority or other transport 11
provider of tickets to the major event, 12
(d) methods of collection, payment and remitting of a 13
transport levy, 14
(e) the enforcement of payment of a transport levy, 15
(f) the provision of public transport services for the major 16
event, 17
(g) liability for the costs of provision of public transport 18
services for the major event. 19
(2) Nothing in this section: 20
(a) limits any other matter that may be the subject of an 21
agreement or arrangement between parties referred to in 22
this section, or 23
(b) prevents a matter referred to in this section from being 24
dealt with by other agreements or arrangements. 25
72B Effect of payment of transport levy 26
(1) A patron of a major event who purchases, or is issued, a ticket to 27
a major event is entitled to use public transport services covered 28
by the transport levy for the event for transport to and from the 29
event as if the patron had purchased a ticket for the use of those 30
services. 31
(2) This section does not affect any right of a transport authority or 32
other transport provider to prevent a patron from using a public 33
transport service, to impose conditions on the use of a public 34
transport service or to remove a patron from a public transport 35
service. 36
Page 5
Transport Administration Amendment (Transport Levy for Major Events) Bill
2005
Schedule 1 Amendments
(3) For the purposes of this section, a public transport service is 1
covered by a transport levy if it is approved by the 2
Director-General for the purposes of this section, after being 3
satisfied that appropriate arrangements have been made for the 4
payment and collection of the transport levy for the major event. 5
72C Authorisations for section 51 of Trade Practices Act 1974 (Cth) and 6
Competition Code 7
(1) The following: 8
(a) an agreement relating to or in connection with a matter 9
referred to in this Division and entered into after the 10
commencement of this section by the Director-General, 11
any other person authorised by the Director-General, the 12
organiser of a major event or the manager of the venue of 13
a major event, or any other person, 14
(b) the conduct of the parties in entering into any such 15
agreement, 16
(c) the conduct of the parties in performing any such 17
agreement and any matter or thing done or omitted to be 18
done by any of the parties in performing any such 19
agreement, 20
are specifically authorised by this Act for the purposes of the 21
Trade Practices Act 1974 of the Commonwealth and the 22
Competition Code of New South Wales. 23
(2) In this section: 24
agreement includes a contract, arrangement or understanding. 25
[3] Section 85 Orders fixing charges 26
Insert after section 85 (5): 27
(6) Nothing in this Part applies to or in respect of a service provided 28
by an Authority that is covered by a transport levy as mentioned 29
in section 72B. 30
[4] Section 104A Miscellaneous provisions relating to Director-General 31
Insert "under Division 1 of Part 8," after "Part 4,". 32
Page 6
Transport Administration Amendment (Transport Levy for Major Events) Bill
2005
Amendments Schedule 1
[5] Schedule 7 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
Transport Administration Amendment (Transport Levy for Major 3
Events) Act 2005 4
Page 7
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