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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Legislation Amendment
(Safety and Reliability) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Transport Administration Amendment (Rail
Management) Act 2000 No 89 2
Schedule 1 Amendment of Transport Administration Act 1988 No 109 3
Schedule 2 Amendment of Marine Safety Act 1998 No 121 33
Schedule 3 Amendment of Passenger Transport Act 1990 No 39 39
Schedule 4 Amendment of Rail Safety Act 2002 No 96 64
Schedule 5 Amendment of Freedom of Information Act 1989 No 5 84
Schedule 6 Amendment of Industrial Relations Act 1996 No 17 85
Schedule 7 Amendment of Law Enforcement (Powers and
Responsibilities) Act 2002 No 103 86
Schedule 8 Amendment of Public Finance and Audit Act 1983 No 152 87
Schedule 9 Amendment of Search Warrants Act 1985 No 37 88
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2003
New South Wales
Transport Legislation Amendment
(Safety and Reliability) Bill 2003
Act No , 2003
An Act to amend the Transport Administration Act 1988 to constitute the
Independent Transport Safety and Reliability Regulator and to establish the
Independent Transport Safety and Reliability Advisory Board, to amend other
Acts with respect to their functions and to make other provision with respect to
the safety and reliability of public transport services and the investigation of
public transport accidents; and for other purposes.
Clause 1 Transport Legislation Amendment (Safety and Reliability) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Transport Legislation Amendment (Safety and
Reliability) Act 2003.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) Schedules 3 [31] and 4 [116] commence on the date of assent.
3 Amendment of Acts
The Acts specified in Schedules 19 are amended as set out in those
Schedules.
4 Repeal of Transport Administration Amendment (Rail Management)
Act 2000 No 89
The Transport Administration Amendment (Rail Management) Act
2000 is repealed.
Page 2
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
Schedule 1 Amendment of Transport Administration
Act 1988 No 109
(Section 3)
[1] Long title
Insert ", the Independent Transport Safety and Reliability Regulator" after
"State Transit Authority".
[2] Long title
Omit "Public Transport Authority and a".
[3] Sections 3, 40, 100 and 104D
Omit "Department of Transport" wherever occurring in the definition of
Director-General in section 3 (1), section 40 (3) (b), section 100 (3) and
section 104D (3).
Insert instead "Ministry of Transport".
[4] Section 3 (1)
Omit the definition of Public Transport Authority.
[5] Section 3 (1)
Insert in alphabetical order:
Independent Transport Safety and Reliability Advisory
Board means the Independent Transport Safety and
Reliability Advisory Board established under this Act.
Independent Transport Safety and Reliability Regulator
means the Independent Transport Safety and Reliability
Regulator constituted under this Act.
Transport Advisory Group means the Transport Advisory
Group constituted under this Act.
[6] Section 19R Chief executive officer
Omit "Public Sector Management Act 1988 (Part 8 included)" from
section 19R (5).
Insert instead "Public Sector Employment and Management Act 2002
(Chapter 5 included)".
Page 3
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[7] Part 4, heading
Omit "Department of Transport".
Insert instead "Ministry of Transport".
[8] Section 36 References to functions of Director-General
Omit "or 37A".
[9] Section 37A Functions relating to the licensing and regulation of
railways
Omit the section.
[10] Part 4A
Insert after Part 4:
Part 4A Independent Transport Safety and
Reliability Regulator
Division 1 Interpretation
42A Definitions
In this Part:
Board means the Independent Transport Safety and
Reliability Advisory Board.
bus has the same meaning as it has in the Passenger
Transport Act 1990.
Chief Executive means the Chief Executive of the ITSRR.
Chief Investigator means the Chief Investigator appointed
under section 42S.
ferry has the same meaning as it has in the Passenger
Transport Act 1990.
funded transport service means a transport service owned or
operated by a statutory authority (including a State owned
corporation) or any other transport service that receives a
Government subsidy or other Government funding.
Page 4
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
ITSRR means the Independent Transport Safety and
Reliability Regulator.
rail safety inquiry means an inquiry under section 67 of the
Rail Safety Act 2002.
reliability, in relation to a transport service, means the quality,
effectiveness and efficiency of the service, having regard to
the following matters:
(a) management and administration of infrastructure,
assets, resources and liabilities,
(b) fulfilment of obligations under contracts and
arrangements relating to the provision of services,
including timeliness and quality of services,
(c) any other matters prescribed by the regulations.
transport authority means:
(a) the State Rail Authority, or
(b) the State Transit Authority, or
(c) the Waterways Authority, or
(d) the Rail Infrastructure Corporation, or
(e) the Director-General, or
(f) the Ministry of Transport, or
(g) any other person or body prescribed as a transport
authority by the regulations.
transport safety inquiry means a transport safety inquiry
under section 46B of the Passenger Transport Act 1990.
transport service means:
(a) a railway operation within the meaning of the Rail
Safety Act 2002, or
(b) a public passenger service, within the meaning of the
Passenger Transport Act 1990, carried on by means of
a bus or ferry, or
(c) any other operation or service prescribed as a transport
service by the regulations.
Page 5
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
Division 2 Constitution of Independent Transport
Safety and Reliability Regulator
42B Constitution of Independent Transport Safety and Reliability
Regulator
(1) There is constituted by this Act a corporation with the
corporate name of the Independent Transport Safety and
Reliability Regulator.
(2) The ITSRR is, for the purposes of any Act, a statutory body
representing the Crown.
Division 3 Charter of Independent Transport Safety and
Reliability Regulator
42C Objectives of ITSRR
(1) The principal objective of the ITSRR is to facilitate the safe
operation of transport services in the State.
(2) The ITSRR also has the following objectives:
(a) to exhibit independence, rigour and excellence in
carrying out its regulatory and investigative functions,
(b) to promote safety and reliability as fundamental
objectives in the delivery of transport services.
42D General functions of ITSRR
(1) The ITSRR has the functions conferred or imposed on it by or
under this or any other Act.
(2) The principal functions of the ITSRR are as follows:
(a) to provide strategic co-ordination of safety regulation
by transport authorities in relation to transport services
and owners or operators of transport services,
(b) to review and evaluate any matter related to the safe
operation of transport services and the functions of
transport authorities in relation to the safe operation of
transport services,
(c) to review and evaluate any matter related to the
reliability of funded transport services and the functions
of transport authorities in relation to the reliability of
funded transport services,
Page 6
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(d) to advise the Minister, or make recommendations to the
Minister, or both, about any matter related to the safe
operation of transport services, including safety
regulation by transport authorities in relation to
transport services,
(e) to advise the Minister, or make recommendations to the
Minister, or both, about any matter related to the
reliability of funded transport services,
(f) to accredit operators of railways under the Rail Safety
Act 2002,
(g) to investigate and report on accidents and incidents
involving transport services,
(h) to disseminate information to the public relating to the
safety of transport services or the reliability of funded
transport services, as the ITSRR considers appropriate.
(3) The ITSRR may, to the extent necessary to carry out its
functions, or to achieve its objectives, in this State exercise its
functions within or outside this State.
42E ITSRR may advise on and monitor safety and reliability
(1) The ITSRR is to advise the Minister with respect to:
(a) the performance of transport authorities in connection
with the exercise of their functions relating to the safe
operation of transport services, and
(b) the performance of transport authorities in connection
with the exercise of their functions relating to the
reliability of funded transport services.
(2) The ITSRR is to monitor the following matters relating to the
safe operation of transport services:
(a) the performance of transport authorities in connection
with the exercise of their functions relating to the safe
operation of transport services,
(b) the performance of owners or operators of transport
services in connection with the safe operation of those
services,
(c) the compliance by transport authorities with any
recommendations relating to the safe operation of
transport services contained in any report by the ITSRR
or the Chairperson of the Board under this or any other
Act,
Page 7
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(d) the compliance by transport authorities with any safety
management systems required to be implemented by
them under any other Act or law or conditions of
accreditation or other contracts or arrangements.
(3) The ITSRR is to monitor the following matters relating to the
reliability of funded transport services:
(a) the performance of transport authorities in connection
with the exercise of their functions relating to the
reliability of funded transport services,
(b) the performance of owners or operators of funded
transport services or other transport services in
connection with the reliability of funded transport
services.
(4) In carrying out its functions under this section, the ITSRR is
to have regard to any requirements applicable to transport
authorities or owners or operators of transport services under
this or any other Act or under any contractual or other
arrangement entered into under this or any other Act or with
the Minister or the Director-General.
42F Auditing of transport authorities and owners and operators of
transport services
(1) The ITSRR may conduct audits of the compliance of transport
authorities and owners or operators of transport services with
requirements applicable to them under this or any other Act or
under any contractual or other arrangement entered into under
this or any other Act or with the Minister or the Director-
General.
(2) Audits may be conducted on a periodic or other basis.
42G Reports to Minister on performance
(1) The ITSRR must report to the Minister each year on the
performance of transport authorities and owners and
operators of transport services in connection with the exercise
of their functions relating to the safe operation and reliability
of those services.
(2) A report under subsection (1) may be included in the annual
report of the ITSRR under the Annual Reports (Statutory
Bodies) Act 1984.
Page 8
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(3) The ITSRR is to report to the Minister on the result of any
audit of compliance with requirements under section 42F.
42H Referral of reports to Independent Transport Safety and
Reliability Advisory Board
(1) This section applies to the following reports prepared by the
ITSRR:
(a) a report of a rail safety inquiry or a transport safety
inquiry conducted by the ITSRR,
(b) a report on an accident or incident relating to a transport
service,
(c) a report on a transport authority or the operation of a
transport service,
(d) the annual report of the ITSRR.
(2) Before publishing a report (whether under this or any other
Act) or giving a report to the Minister, the ITSRR must refer
the report to the Board and consider any advice of the Board
relating to the report.
(3) This section applies to a report despite the provisions of any
other Act.
42I Power of ITSRR to give directions relating to transport
services
(1) The ITSRR may give directions to the Director-General or the
Waterways Authority relating to the safe operation of
transport services and associated matters.
(2) If the Director-General or Waterways Authority considers
that complying with any such direction may cause a
significant variation in the funding required for the operation
of the functions of the Ministry of Transport relating solely to
the Ministry or for the operations of the Waterways Authority,
the Director-General or Waterways Authority must request
the ITSRR to review the decision.
(3) A request for a review must be made within 7 days after the
direction is given or within such other reasonable period as
the ITSRR determines.
Page 9
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(4) If the Director-General or the Waterways Authority requests
a review in accordance with this section:
(a) the Director-General or Waterways Authority may
request the ITSRR to provide a written record of the
direction if it was not given in writing, and
(b) the Director-General or Waterways Authority is not to
comply with the direction until notified of the ITSRR's
decision following the review.
(5) Following the review, the ITSRR may confirm or revoke the
direction but the ITSRR is not to confirm the direction unless:
(a) the ITSRR has estimated the variation in the financial
requirements from the information supplied by the
Director-General or Waterways Authority, and
(b) the ITSRR has referred the matter to the Minister, and
(c) the Minister, after consultation with the Treasurer, has
approved the direction.
42J Duties of authorities and owners and operators to co-operate
with ITSRR
The Director-General, the board and chief executive officer of
a transport authority and an owner or operator of a transport
service must:
(a) co-operate with the ITSRR in exercising their
functions, and
(b) notify the ITSRR of all matters of which they are aware
that could reasonably be expected to affect the exercise
of the ITSRR's functions under this or any other Act,
and
(c) provide the ITSRR or the Chairperson of the Board
with any information relating to their activities or any
documents or other things requested by the ITSRR or
Chairperson in the exercise of functions under this or
any other Act, and
(d) in the case of the Director-General and the Waterways
Authority, comply with any direction in force under
section 42I.
Page 10
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
42K ITSRR may settle certain rail access disputes
(1) The ITSRR may, if requested to do so by the parties to a rail
access agreement, determine a dispute between the parties
that relates to rail safety.
(2) Nothing in this section confers power on the ITSRR to
determine a dispute that is required by or under this or any
other Act or under any other agreement or arrangement to be
determined by any other person.
42L Disclosure of information by ITSRR
(1) The ITSRR may, if the ITSRR thinks it necessary for the safe
operation of a transport service, disclose information acquired
by the ITSRR in the performance of the ITSRR's functions
under this or any other Act to any other person.
(2) The ITSRR may, if the ITSRR thinks it desirable for the
promotion of the safe operation of a transport service, publish
any information, including the report of a rail safety inquiry
or a transport safety inquiry.
(3) A publication under subsection (2) must not identify a person
by name.
(4) This section does not apply to the disclosure of the whole or
part of a train safety record to the Commonwealth or an
authority of the Commonwealth under the Rail Safety Act
2002.
(5) This section does not permit the disclosure of information in
contravention of section 65A of the Rail Safety Act 2002 or
section 46E of the Passenger Transport Act 1990.
(6) Sections 72 and 73 of the Rail Safety Act 2003 do not apply to
a disclosure permitted under this section.
Division 4 Management of Independent Transport
Safety and Reliability Regulator
42M Chief Executive of ITSRR
(1) The Governor, on the recommendation of the Minister, may
appoint a Chief Executive of the ITSRR.
(2) The Minister is to consult with the Chairperson of the Board
before making a recommendation under subsection (1).
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(3) The employment of a Chief Executive is subject to Part 3.1 of
the Public Sector Employment and Management Act 2002,
but is not subject to Chapter 2 of that Act.
(4) The Chief Executive may hold office for terms totalling not
more than 10 years.
(5) The Chief Executive may be removed from office under
section 77 of the Public Sector Employment and Management
Act 2002 only for incapacity, incompetence or misbehaviour.
42N Chief Executive to manage and control affairs of ITSRR
(1) The affairs of the ITSRR are to be managed and controlled by
the Chief Executive.
(2) Any act, matter or thing done in the name of, or on behalf of,
the ITSRR by the Chief Executive is taken to have been done
by the ITSRR.
42O Acting Chief Executive
(1) The Minister may, from time to time, appoint a person to act
in the office of the Chief Executive during the illness or
absence of the Chief Executive, and the person, while so
acting, has all the functions of the Chief Executive and is
taken to be the Chief Executive.
(2) The Minister may, at any time, remove any person from an
office to which the person was appointed under this section.
(3) A person while acting in the office of the Chief Executive is
entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Minister may from time to
time determine in respect of the person.
(4) For the purposes of this section, a vacancy in the office of the
Chief Executive is to be regarded as an absence from office of
the Chief Executive.
42P Limitations on Ministerial control of ITSRR
(1) The ITSRR is subject to the direction and control of the
Minister, except as provided by subsection (2).
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(2) The ITSRR is not subject to the direction and control of the
Minister in respect of the following matters:
(a) the exercise of a function relating to the accreditation of
a person under the Rail Safety Act 2002 (including the
variation, suspension or cancellation of an
accreditation),
(b) any decision to take or not to take enforcement action
under any Act,
(c) the exercise of a function relating to a rail safety inquiry
or a transport safety inquiry or other inquiry under an
Act into a transport accident or incident,
(d) the outcome of any monitoring or auditing of the safety
or reliability of a transport service (and any decision to
carry out or not to carry out any such monitoring or
auditing),
(e) the contents of any report or recommendation of the
ITSRR,
(f) the exercise of a function under section 42I (except as
provided by section 42I (5)).
42Q Delegation of functions of ITSRR
(1) The ITSRR may delegate to an authorised person any of the
functions of the ITSRR under this or any other Act, other than
this power of delegation.
(2) A delegate may sub-delegate to an authorised person any
function delegated by the ITSRR, if the delegate is authorised
to do so by the ITSRR.
(3) The ITSRR may not delegate a function delegated to the
ITSRR by the Minister under the Rail Safety Act 2002.
(4) In this section:
authorised person means:
(a) an officer of the ITSRR, or
(b) a member of a class of persons prescribed by the
regulations or approved by the ITSRR.
Page 13
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
Division 5 Office of Transport Safety Investigations and
Chief Investigator
42R Establishment of Office of Transport Safety Investigations
(1) The ITSRR is to have a division called the Office of Transport
Safety Investigations.
(2) The staff of the Office of Transport Safety Investigations are
to be employed under Division 3A of Part 7.
42S Chief Investigator
(1) The head of the Office of Transport Safety Investigations is to
be the Chief Investigator.
(2) The Chief Investigator is to be appointed by the ITSRR on the
recommendation of the Chairperson of the Board.
(3) The employment of the Chief Investigator may be terminated
by the ITSRR only on the recommendation of the Chairperson
of the Board.
(4) The salary, wages and conditions of employment of the Chief
Investigator are to be fixed by the ITSRR on the
recommendation of the Chairperson of the Board.
(5) Sections 65D and 68 apply to the employment of the Chief
Investigator.
(6) The Chief Investigator is not subject to the direction and
control of the ITSRR in respect of the exercise of any of the
following functions:
(a) functions relating to a rail safety inquiry,
(b) functions relating to a transport safety inquiry,
(c) any function delegated to the Chief Investigator by the
Chairperson of the Board under this or any other Act.
Note. The Chairperson of the Board may delegate to the Chief
Investigator the functions of carrying out a rail safety inquiry under
section 67 of the Rail Safety Act 2002 and of carrying out a transport
safety inquiry under section 46B of the Passenger Transport Act 1990.
Page 14
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
Division 6 Independent Transport Safety and Reliability
Advisory Board
42T Independent Transport Safety and Reliability Advisory Board
(1) There is established by this Act an Independent Transport
Safety and Reliability Advisory Board.
(2) The Board is to consist of the following 5 members:
(a) a Chairperson appointed by the Governor, on the
recommendation of the Minister,
(b) 3 members appointed by the Minister,
(c) the Chief Executive.
(3) The members appointed by the Minister must have experience
in one or more of the following areas, as the Minister
considers necessary to enable the Board's functions to be
carried out:
(a) rail safety management systems,
(b) safety science,
(c) customer service,
(d) accident investigation,
(e) public administration.
(4) The Chairperson of the Board must have experience in
transport safety management systems (including rail safety
management systems).
(5) Schedule 2A has effect with respect to the members and
procedure of the Board.
42U General functions of Board
(1) The Board has the functions conferred or imposed on it by or
under this or any other Act.
(2) The principal functions of the Board are as follows:
(a) to advise the ITSRR, or make recommendations to the
ITSRR, or both, about any matter related to the
objectives or functions of the ITSRR,
(b) without limiting paragraph (a), to advise the ITSRR
about reports prepared by the ITSRR and about any
other matter referred to the Board by the ITSRR.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(3) The Board may also advise the Minister, or make
recommendations to the Minister, or both, about any matter
related to the safe operation of transport services (including
safety regulation by transport authorities) or the reliability of
funded transport services.
42V Functions of Chairperson of Board
(1) The Chairperson of the Board has the functions conferred or
imposed on the Chairperson by or under this or any other Act.
(2) For the purposes of exercising functions relating to a rail
safety inquiry or a transport safety inquiry, the Chairperson
may arrange for the use of any staff or facilities of the ITSRR.
(3) The Chairperson may delegate to an authorised person any of
the functions of the Chairperson under this or any other Act,
other than this power of delegation.
(4) A delegate may sub-delegate to an authorised person any
function delegated by the Chairperson, if the delegate is
authorised in writing to do so by the Chairperson.
(5) In this section:
authorised person means:
(a) the Chief Investigator, or
(b) a member of a class of persons prescribed by the
regulations.
Note. The Chairperson may conduct rail safety inquiries relating to
accidents or incidents involving railways under the Rail Safety Act 2002
and transport safety inquiries relating to accidents or incidents involving
buses and ferries under the Passenger Transport Act 1990. Such
inquiries may be initiated by the Chairperson or may be requested by the
Minister. The Chairperson may also be appointed to conduct an
investigation into a marine accident or other matter under the Marine
Safety Act 1998. These functions may be delegated to the Chief
Investigator.
Division 7 Review
42W Review of amendments
(1) The Minister is to review the operation of the amendments
made by the Transport Legislation Amendment (Safety and
Reliability) Act 2003 to determine whether the policy
Page 16
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
objectives of those amendments remain valid and whether the
terms of the amendments remain appropriate for securing
those objectives.
(2) The review is to be undertaken as soon as possible after the
period of 12 months from the date of assent to the Transport
Legislation Amendment (Safety and Reliability) Act 2003.
(3) A report of the outcome of the review is to be tabled in each
House of Parliament within 3 months after the end of the
period of 12 months.
[11] Part 5
Omit Parts 5 and 5A. Insert instead:
Part 5 Transport Advisory Group
43 Constitution of Transport Advisory Group
(1) The Minister is to establish a Transport Advisory Group.
(2) The Group is to consist of the following part-time members:
(a) the Chairperson of the Independent Transport Safety
and Reliability Advisory Board, who is to be
Chairperson of the Group,
(b) a representative of the Independent Pricing and
Regulatory Tribunal,
(c) the Director-General,
(d) 4 members appointed by the Minister, who are to be
representatives of public transport stakeholders.
(3) Schedule 3 has effect with respect to the constitution and
procedure of the Group.
44 Functions of Transport Advisory Group
(1) The Transport Advisory Group is to advise the Independent
Transport Safety and Reliability Advisory Board on
community expectations of the reliability of public transport
services in this State.
(2) The Transport Advisory Group may undertake public
consultation for the purpose of exercising its functions.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(3) The Transport Advisory Group may give advice either at the
request of the Independent Transport Safety and Reliability
Advisory Board or without any such request.
(4) In this section, reliability, in relation to a transport service,
has the same meaning as it has in Part 4A.
[12] Part 7, heading
Insert "and the Independent Transport Safety and Reliability
Regulator" after "Authorities".
[13] Sections 62 and 65
Omit "Part 2A of the Public Sector Management Act 1988" wherever
occurring in sections 62 (2) (d) and 65 (2) (c).
Insert instead "Part 3.1 of the Public Sector Employment and Management
Act 2002".
[14] Part 7, Division 3A
Insert after Division 3:
Division 3A Staff of Independent Transport Safety and
Reliability Regulator
65A Definition of "ITSRR"
In this Division:
ITSRR means the Independent Transport Safety and
Reliability Regulator.
65B Employment of staff
The ITSRR may employ such staff as it requires to exercise
its functions.
65C Salary, wages and conditions of staff
The ITSRR may fix the salary, wages and conditions of
employment of its staff in so far as they are not fixed by or
under any other Act or law.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
65D Regulations relating to staff
(1) The regulations may make provision for or with respect to the
employment of the staff of the ITSRR, including the
conditions of employment and the discipline of any such staff.
(2) Any such regulations relating to the conditions of
employment or the discipline of staff:
(a) have effect subject to any relevant award made by a
competent industrial tribunal and to any industrial
agreement to which the ITSRR is a party, and
(b) have effect despite any determination of the ITSRR
under section 65C, and
(c) have effect subject to Part 3.1 of the Public Sector
Employment and Management Act 2002.
65E Application of Division 4
Division 4 applies to the ITSRR in the same way as it applies
to an Authority.
[15] Section 103 Inquiries into bus or ferry accidents
Insert "or Independent Transport Safety and Reliability Regulator" after
"Minister" wherever occurring in section 103 (1) and (2).
[16] Section 104A Definition of "functions" of Director-General
Omit "or 37A".
[17] Section 104E Power of Director-General to contract
Omit "or the Rail Safety Act 2002" from section 104E (2).
[18] Section 104J Annual reporting requirements
Omit "Department of Transport". Insert instead "Ministry of Transport".
[19] Section 104N Light rail system
Omit "or road related area" wherever occurring in section 104N (2) and
(3).
[20] Section 104N (3)
Omit "Traffic Act 1909".
Insert instead "Road Transport (General) Act 1999".
Page 19
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[21] Section 104N (6)
Omit the subsection. Insert instead:
(6) In this section:
road means a road or road related area within the meaning of
the Road Transport (General) Act 1999 (other than a road or
road related area that is the subject of a declaration made
under section 9 (1) (b) of that Act relating to all of the
provisions of that Act).
[22] Section 104T Exemption from duty
Omit "stamp duty under the Stamp Duties Act 1920".
Insert instead "duty under the Duties Act 1997".
[23] Section 104V Resolution of disputes concerning development of
light rail
Omit "Department of Transport" from section 104V (2).
Insert instead "Ministry of Transport".
[24] Section 105 Power to accept gifts, bequests or devises of property
Omit "Stamp Duties Act 1920" from section 105 (3).
Insert instead "Duties Act 1997".
[25] Section 107 Definition of "transport authority"
Insert after section 107 (a):
(a1) the Independent Transport Safety and Reliability
Regulator, or
[26] Section 109 Seal of Authority
Insert "(including the ITSRR)" after "Authority" where firstly occurring.
[27] Section 111 Disputes involving transport authorities
Insert after section 111 (4):
(5) This section does not apply to a dispute between the
Independent Transport Safety and Reliability Regulator and
another transport authority relating to a matter referred to in
section 42P (2).
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[28] Section 112 Personal liability of certain persons
Insert ", the Independent Transport Safety and Reliability Regulator" after
"State Transit Authority" in the definition of member of a transport
authority in section 112 (2).
[29] Section 112 (2), definition of "member of a transport authority"
Insert "and the Chairperson of the Independent Transport Safety and
Reliability Advisory Board" after "Roads and Traffic Authority".
[30] Section 112 (2), definition of "transport authority"
Omit paragraph (a1). Insert instead:
(a1) the Transport Advisory Group, and
(a2) the Independent Transport Safety and Reliability
Advisory Board, and
[31] Section 118 Proceedings for offences
Omit "constituted by a Magistrate sitting alone".
[32] Schedule 2A
Insert after Schedule 2:
Schedule 2AConstitution and procedure of
Independent Transport Safety and
Reliability Advisory Board
(Section 42T (5))
1 Definitions
In this Schedule:
appointed member of the Board means a member of the
Board other than the Chief Executive of the Independent
Transport Safety and Reliability Regulator.
Board means the Independent Transport Safety and
Reliability Advisory Board.
Chairperson means the Chairperson of the Board.
member means the Chief Executive of the Independent
Transport Safety and Reliability Regulator or an appointed
member.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
2 Appointed members
The Minister is to consult with the Chairperson before
appointing any person to be an appointed member of the
Board.
3 Terms of office of members
(1) Subject to this Schedule and the regulations, an appointed
member holds office for such period (not exceeding 5 years)
as is specified in the member's instrument of appointment, but
is eligible (if otherwise qualified) for re-appointment.
(2) A person may not be an appointed member for consecutive
terms totalling more than 10 years.
4 Chairperson
The Chairperson may be appointed on a full-time basis or a
part-time basis.
5 Remuneration
An appointed member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the
Minister may from time to time determine in respect of the
member.
6 Deputies
(1) A member may, from time to time, appoint a person to be the
deputy of the member, and may revoke any such appointment.
(2) In the absence of a member, the member's deputy may, if
available, act in the place of the member.
(3) While acting in the place of a member, a person has all the
functions of the member and is taken to be a member.
(4) For the purposes of this clause, a vacancy in the office of a
member is taken to be an absence of the member.
(5) This clause does not operate to confer on the deputy of a
member who is the Chairperson the member's functions as
Chairperson.
(6) An appointed member may appoint a deputy only with the
approval of the Chairperson.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
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(7) A person appointed as a deputy under this clause must have
experience in one or more of the areas listed in
section 42T (3) (a)(e).
7 Vacancy in office of member
(1) The office of an appointed member (other than the
Chairperson) becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to
the Minister, or
(d) is removed from office by the Minister under this
clause, or
(e) is absent from 3 consecutive meetings of the Board of
which reasonable notice has been given to the member
personally or by post, except on leave granted by the
Minister or unless the member is excused by the
Minister for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit,
or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 6 months or more or is
convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would
be an offence so punishable.
(2) The Minister may remove an appointed member (other than
the Chairperson) from office at any time.
(3) The Chairperson may be removed from office only for
incapacity, incompetence or misbehaviour.
8 Filling of vacancy in office of appointed member
If the office of any appointed member becomes vacant, a
person is, subject to this Act and the regulations, to be
appointed to fill the vacancy.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
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9 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Board, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts
have come to the member's knowledge, disclose the nature of
the interest at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the
member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified
person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any
matter relating to that company or other body or to that person
which may arise after the date of the disclosure and which is
required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Board in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by
any person on payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any
matter, the member must not, unless the Minister or the Board
otherwise determines:
(a) be present during any deliberation of the Board with
respect to the matter, or
(b) take part in any decision of the Board with respect to the
matter.
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Amendment of Transport Administration Act 1988 No 109 Schedule 1
(5) For the purposes of the making of a determination by the
Board under subclause (4), a member who has a direct or
indirect pecuniary interest in a matter to which the disclosure
relates must not:
(a) be present during any deliberation of the Board for the
purpose of making the determination, or
(b) take part in the making by the Board of the
determination.
(6) A contravention of this clause does not invalidate any
decision of the Board.
(7) This clause applies to a member of a committee of the Board
and the committee in the same way as it applies to a member
of the Board and the Board.
10 Transaction of business outside meetings or by telephone
(1) The Board may, if it thinks fit, transact any of its business by
the circulation of papers among all the members of the Board
for the time being, and a resolution in writing approved in
writing by a majority of those members is taken to be a
decision of the Board.
(2) The Board may, if it thinks fit, transact any of its business at
a meeting at which members (or some members) participate
by telephone, closed-circuit television or other means, but
only if any member who speaks on a matter before the
meeting can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights
as they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of
the Board.
(5) Papers may be circulated among the members for the
purposes of subclause (1) by facsimile or other transmission
of the information in the papers concerned.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
11 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management
Act 2002 does not apply to or in respect of the appointment of
an appointed member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified
office to devote the whole of his or her time to the duties
of that office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify the person from
holding that office and also the office of an appointed member
or from accepting and retaining any remuneration payable to
the person under this Act as a member.
12 Personal liability
A matter or thing done or omitted to be done by the Board, a
member of the Board or a person acting under the direction of
the Board does not, if the matter or thing was done or omitted
to be done in good faith for the purpose of executing this or
any other Act, subject a member or a person so acting
personally to any action, liability, claim or demand.
13 General procedure
The procedure for the calling of meetings of the Board and for
the conduct of business at those meetings is, subject to this
Act and the regulations, to be as determined by the Board.
14 Quorum
The quorum for a meeting of the Board is a majority of its
members for the time being, including the Chairperson or the
Chairperson's deputy.
15 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, a
person elected by the members of the Board who are present
at a meeting of the Board) is to preside at a meeting of the
Board.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(2) The presiding member has a deliberative vote and, in the
event of an equality of votes, has a second or casting vote.
16 Voting
A decision supported by a majority of the votes cast at a
meeting of the Board at which a quorum is present is the
decision of the Board.
17 First meeting
The Minister may call the first meeting of the Board in such
manner as the Minister thinks fit.
[33] Schedule 3
Omit the heading and the section reference. Insert instead:
Schedule 3 Provisions relating to Transport
Advisory Group and Roads and Traffic
Advisory Council
(Sections 43 (3), 54 (3))
[34] Schedule 3, clause 1 Definitions
Omit "Public Transport Authority, the Public Transport Advisory
Council" from the definition of Advisory Council.
Insert instead "Transport Advisory Group".
[35] Schedule 3, clause 7 Vacancy in office of member
Omit "Part 8 of the Public Sector Management Act 1988" from clause
7 (1) (d).
Insert instead "Chapter 5 of the Public Sector Employment and
Management Act 2002".
[36] Schedule 3, clause 9 Effect of certain other Acts
Omit "Public Sector Management Act 1988" from clause 9 (1).
Insert instead "Public Sector Employment and Management Act 2002".
[37] Schedule 3, clause 9 (1)
Omit "Part 8". Insert instead "Chapter 5".
Page 27
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[38] Schedule 4, heading
Omit "of SRA and its subsidiaries".
[39] Schedule 4, clause 2 Application and interpretation
Insert after clause 2 (1) (e):
(f) any other order under Schedule 7 transferring assets,
rights or liabilities to a body specified or referred to in
the order.
[40] Schedule 4, clause 7 Duties
Omit "Stamp duty". Insert instead "Duty under the Duties Act 1997".
[41] Schedule 4, clause 7 (a)
Omit the paragraph. Insert instead:
(a) the transfer of assets, rights and liabilities to a person by
an order to which this Schedule applies, or
[42] Schedule 5, heading
Insert "and the Independent Transport Safety and Reliability
Regulator" after "Authority".
[43] Schedule 5, clause 2 Definitions
Insert in alphabetical order:
Authority includes the Independent Transport Safety and
Reliability Regulator.
[44] Schedule 6 Transfer of certain staff
Insert in alphabetical order in clause 1:
former Ministry staff means the members of staff of the
Ministry of Transport who, after the commencement of clause
10A, are transferred to a transport authority by an order made
under this Schedule.
former OCG staff means the members of staff of the Office
of Co-ordinator General of Rail who, after the
commencement of clause 10A, are transferred to a transport
authority by an order made under this Schedule.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Transport Administration Act 1988 No 109 Schedule 1
transport authority means the Ministry of Transport, the
Independent Transport Safety and Reliability Regulator, the
State Rail Authority or Rail Infrastructure Corporation.
[45] Schedule 6, clause 10A
Insert after clause 10:
10A Transfer of OCG staff and Ministry staff to transport authorities
(1) The Minister may, by order in writing, provide that such staff
of the Office of Co-ordinator General of Rail or of the
Ministry of Transport as are specified in the order are
transferred to the transport authority specified in the order.
(2) A person who is the subject of an order under this clause is
taken for all purposes as having become an employee of the
transport authority, in accordance with the terms of the order,
on the day specified in the order.
[46] Schedule 6, clause 12 Preservation of remuneration and other
conditions of employment on transfer
Omit "or former RIC staff" from clause 12 (1).
Insert instead ", former RIC staff, former OCG staff or former Ministry
staff".
[47] Schedule 6, clause 12 (1)
Omit "by the SRA or the RIC (as the case requires)".
[48] Schedule 6, clause 13 Preservation of leave and other
entitlements for previous service and mobility entitlements for
future service
Omit clause 13 (1). Insert instead:
(1) Continuous service of former SRA staff, former RIC staff,
former OCG staff or former Ministry staff with any one or
more transport authorities is taken, for all purposes, as service
with whichever of them is the current employer.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[49] Schedule 6, clause 13 (3)
Omit the subclause. Insert instead:
(3) In particular, former SRA staff, former RIC staff, former
OCG staff and former Ministry staff retain, on transfer under
this Schedule (or on subsequent transfer under this Schedule),
any rights to annual leave, long service leave and sick leave
accrued in their previous employment with an employer or
employers from whose employ they are transferred under this
Schedule.
[50] Schedule 6, clause 14 Special provision relating to long service
leave and sick leave for staff of RIC
Insert ", former OCG staff or former Ministry staff" after "former SRA
staff" in clause 14 (1).
[51] Schedule 6, clause 15 No payment out on transfer or dual benefits
Insert "or any other transport authority" after "SRA" in clause 15 (1).
[52] Schedule 6, clause 15 (2)
Omit "or the SRA".
Insert instead ", the SRA, the Office of Co-ordinator General of Rail or the
Ministry of Transport".
[53] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Transport Legislation Amendment (Safety and Reliability)
Act 2003
[54] Schedule 7, Part 7
Omit Division 2.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
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[55] Schedule 7
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Transport Legislation Amendment
(Safety and Reliability) Act 2003
Definitions
In this Part:
ITSRR means the Independent Transport Safety and
Reliability Regulator.
the amending Act means the Transport Legislation
Amendment (Safety and Reliability) Act 2003.
Co-ordinator General of Rail and other executive officers
cease to hold office
(1) The person who, immediately before the constitution of the
ITSRR, held office as the Co-ordinator General of Rail ceases
to hold that office.
(2) A person who, immediately before the constitution of the
ITSRR, held a senior executive position (within the meaning
of the Public Sector Employment and Management Act 2002)
within the Office of Co-ordinator General of Rail:
(a) ceases to hold that office, and
(b) is eligible (if otherwise qualified) to be appointed as a
member of the staff of the ITSRR or the Ministry of
Transport.
(3) A person who ceases under this clause to hold office is not
entitled to any remuneration or compensation because of the
loss of that office, except as provided by subclause (4).
(4) Part 3.1 of the Public Sector Employment and Management
Act 2002 applies to a person who ceases under this clause to
hold office as if the person had ceased to be an executive
officer as referred to in section 77 of that Act.
Note. Subclause (4) ensures that the person retains any rights to
compensation or right of return that the person would have had if
removed from office by the Governor instead of by operation of this
clause.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 1 Amendment of Transport Administration Act 1988 No 109
Abolition of Office of Co-ordinator General of Rail
The Office of Co-ordinator General of Rail is abolished.
References to Office of Co-ordinator General of Rail
In any Act, or in any instrument made under any Act or in any
other document of any kind, a reference to (or required
immediately before the commencement of this clause to be
read as a reference to) the Co-ordinator General of Rail or the
Office of Co-ordinator General of Rail is to be read as a
reference to the ITSRR, except as provided by the regulations.
Transfer of staff
Schedule 6 has effect with respect to members of staff of the
Office of Co-ordinator General of Rail and of the Ministry of
Transport.
Advisory Councils
(1) A person who, immediately before the repeal of Parts 5 and
5A by the amending Act, held office as a member of the
Public Transport Authority or the Public Transport Advisory
Council ceases to hold that office.
(2) A person who ceases under this clause to hold office is not
entitled to any remuneration or compensation because of the
loss of that office.
Transfer of assets, rights and liabilities to ITSRR
(1) The Minister may, by order in writing, direct that such assets,
rights or liabilities of the Transport Administration
Corporation or the Office of Co-ordinator General of Rail, or
in respect of a contract or arrangement entered into by the
Director-General, as are specified or referred to in the order
be transferred to the ITSRR or any other body constituted
under this Act.
(2) An order under this clause may be made on such terms and
conditions as are specified in the order.
(3) Schedule 4 applies to an order made under this clause.
Page 32
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Marine Safety Act 1998 No 121 Schedule 2
Schedule 2 Amendment of Marine Safety Act 1998
No 121
(Section 3)
[1] Section 37 Regulations relating to licences
Insert ", good character" after "age" in section 37 (2) (d).
[2] Section 94 Definitions
Insert in alphabetical order in section 94 (1):
ferry has the same meaning as it has in the Passenger
Transport Act 1990.
Independent Transport Safety and Reliability Advisory
Board means the Independent Transport Safety and
Reliability Advisory Board established under the Transport
Administration Act 1988.
Independent Transport Safety and Reliability Regulator
means the Independent Transport Safety and Reliability
Regulator constituted under the Transport Administration Act
1988.
public passenger service has the same meaning as it has in the
Passenger Transport Act 1990.
[3] Section 96 Appointment of authorised officers (other than harbour
masters and police officers)
Insert ", the Independent Transport Safety and Reliability Regulator" after
"Port Corporation" in section 96 (1).
[4] Section 103 Ordering of investigation
Insert at the end of the section:
(2) An inquiry may be carried out and a report provided under
this section whether or not:
(a) an investigation is being, or has been, conducted under
the Passenger Transport Act 1990 or any other Act or
law relating to the same matter, or
(b) the matter is or may be subject to any criminal or civil
proceedings.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 2 Amendment of Marine Safety Act 1998 No 121
[5] Section 105 Appointment of investigator
Insert after section 105 (1):
(1A) If an investigation concerns or is related to a public passenger
service provided by a ferry, the Minister may appoint the
Chairperson of the Independent Transport Safety and
Reliability Advisory Board as the investigator or any person
of a kind referred to in subsection (1).
[6] Section 111 Action by Minister following report of investigation
Insert after section 111 (2) (g):
(h) in the case of an investigation concerning or related to
a public passenger service provided by a ferry, inform
the Director-General of the Ministry of Transport, the
Independent Transport Safety and Reliability Regulator
or the Independent Transport Safety and Reliability
Advisory Board of the report and the action taken by the
Minister on the report.
[7] Part 8, Division 5
Insert after Division 4:
Division 5 Prohibition and improvement notices
relating to public ferry wharves
125A Public ferry wharves
In this Division:
public ferry wharf means a wharf or any associated facilities
used for the purposes of public passenger services provided
by ferries.
125B Inspections of public ferry wharves
(1) The Minister may cause inspections to be carried out of public
ferry wharves.
(2) The Minister may appoint a person who may be appointed as
an investigator under Division 3 to carry out any such
inspection.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Marine Safety Act 1998 No 121 Schedule 2
(3) For the purposes of an inspection under this section, a person
carrying out an inspection has all the powers and other
functions of an authorised officer under this Part.
(4) The regulations may make provision for or with respect to the
following matters:
(a) the methodology or standards with which inspections
must comply,
(b) provision of inspection reports to persons,
(c) procedures with respect to responses to inspection
reports.
(5) Nothing in this section limits any functions of the Minister
under Division 3.
(6) Section 97 applies to a person appointed under this section.
125C Improvement notices
(1) The Minister may give an improvement notice to the owner of
a public ferry wharf, or a person responsible for the
maintenance of any such wharf, if the Minister is of the
opinion that it is necessary to do so to ensure the safety of
persons using, or operating, public passenger services
provided by ferries.
(2) An improvement notice may require the person to undertake
remedial safety work with respect to the public ferry wharf.
(3) The period within which a person is required by an
improvement notice to undertake remedial safety work must
be at least 7 days after the notice is given.
(4) However, the Minister may specify a period that is less than 7
days after the improvement notice is given if satisfied that it
is reasonably practicable for the person to comply with the
requirements imposed by the notice by the end of the period.
(5) An improvement notice must:
(a) state that the Minister is of the opinion referred to in
subsection (1), and
(b) state the reasons for that opinion, and
(c) include information about obtaining a review of the
notice under this Division.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 2 Amendment of Marine Safety Act 1998 No 121
125D Failure to comply with improvement notice
A person who, without reasonable excuse, fails to comply
with a requirement imposed on the person by an improvement
notice is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--500 penalty units, or
(b) in the case of an individual--250 penalty units.
125E Prohibition notices
(1) If an authorised officer is of the opinion that, at any public
ferry wharf, there is occurring or is about to occur any activity
that involves or will involve an immediate risk to the health or
safety of persons using, or operating, public passenger
services provided by ferries, the authorised officer may give
to the person who has or may be reasonably presumed to have
control over the activity a notice prohibiting the carrying on
of the activity until the matters that give or will give rise to the
risk are remedied.
(2) A prohibition notice must:
(a) state that the authorised officer is of the opinion
referred to in subsection (1), and
(b) state the reasons for that opinion, and
(c) specify the activity in respect of which that opinion is
held, and
(d) include information about obtaining a review of the
notice under this Division.
(3) A person who is given a prohibition notice who, without
reasonable excuse, fails to comply with a requirement
imposed by the notice is guilty of an offence.
Maximum penalty:
(a) in the case of a corporation--500 penalty units, or
(b) in the case of an individual--250 penalty units.
125F Notices may include directions
(1) An improvement notice or a prohibition notice may include
directions as to the measures to be taken to comply with the
notice.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Marine Safety Act 1998 No 121 Schedule 2
(2) Any such direction may:
(a) adopt, by reference, the requirements of any industry or
other code of practice or standard, and
(b) offer the person to whom it is issued a choice of ways
in which to comply with the notice.
125G Review of notices by Minister
(1) A person who is given a notice under this Division may apply
in writing to the Minister for a review of the notice.
(2) The application for review must be made within 7 days after
the notice is given, or, if the regulations prescribe a different
period, within the period so prescribed.
(3) An application for review may be made only once in respect
of any particular notice.
(4) The Minister is to review a notice that is the subject of a duly
made application for review.
(5) The notice is stayed (unless it is a prohibition notice) from
when the application for review is received by the Minister
until the Minister gives notice to the applicant of the result of
the review.
(6) The Minister may, as a result of the review, confirm the
notice, vary it or revoke it. The confirmation, variation or
revocation has effect when notice of the result of the review
is given to the applicant.
(7) Regulations may be made with respect to reviews under this
section.
125H Application to Administrative Decisions Tribunal for stay of
prohibition notice
(1) A person who applies for a review of a prohibition notice
under section 125G may apply to the Administrative
Decisions Tribunal for a stay of the notice.
(2) A stay may be granted for the period considered appropriate
by the Tribunal, but not so as to extend past the time when
notice of the result of the review is given to the applicant by
the Minister.
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Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 2 Amendment of Marine Safety Act 1998 No 121
(3) A stay may be granted on such conditions as the Tribunal
thinks appropriate and may be revoked or amended by the
Tribunal.
125I Appeal to Administrative Decisions Tribunal
A person who is aggrieved by a decision of the Minister under
section 125G may apply to the Administrative Decisions
Tribunal for a review of the decision.
125J Withdrawal of notices
(1) An improvement notice or a prohibition notice may be
withdrawn at any time by the Minister or the authorised
officer who gave the notice, if satisfied that the notice was
given in error or is incorrect in some respect.
(2) The withdrawal has effect when notice of the withdrawal is
given to the person to whom the notice was given.
(3) The withdrawal or revocation of an improvement notice or a
prohibition notice does not prevent the giving of any other
improvement notice or prohibition notice.
125K Proceedings for offences not affected by notices
The giving, variation, revocation or withdrawal of an
improvement notice or a prohibition notice does not affect
any proceedings for an offence against this Act or the
regulations or any other Act or law in connection with any
matter in respect of which the notice was issued.
[8] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Transport Legislation Amendment (Safety and Reliability)
Act 2003 (but only to the extent that it amends this Act)
Page 38
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Passenger Transport Act 1990 No 39 Schedule 3
Schedule 3 Amendment of Passenger Transport Act
1990 No 39
(Section 3)
[1] Section 3 Definitions
Omit the definition of authorised officer. Insert instead:
authorised officer means a person, or a member of a class of
persons, appointed for the time being by the Director-General
or ITSRR as an authorised officer or class of authorised
officers for the purposes of the provision in which the
expression is used, and includes an authorised officer
appointed by the Director-General or ITSRR for the purposes
of regulations made under Schedule 5.
[2] Section 3, definition of "Director-General"
Omit the definition. Insert instead:
Director-General means the Director-General of the Ministry
of Transport.
[3] Section 3
Insert in alphabetical order:
Independent Transport Safety and Reliability Advisory
Board means the Independent Transport Safety and
Reliability Advisory Board established under the Transport
Administration Act 1988.
ITSRR means the Independent Transport Safety and
Reliability Regulator constituted under the Transport
Administration Act 1988.
transport safety inquiry means an inquiry held under
section 46B.
[4] Section 4 Objects
Insert "(other than ferry services)" after "services" in section 4 (a).
Page 39
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 3 Amendment of Passenger Transport Act 1990 No 39
[5] Section 7 Accreditation
Omit section 7 (1). Insert instead:
(1) A person who carries on a public passenger service by means
of a bus or other vehicle (other than a vessel), being a service
operating within, or partly within, New South Wales, is guilty
of an offence unless the person is an accredited service
operator for that service.
Maximum penalty: 1,000 penalty units.
[6] Section 9B Conditions of accreditation
Insert after section 9B (2):
(2A) Without limiting subsection (1) (a), the regulations may
prescribe conditions of accreditation relating to the reporting
of occurrences of a specified kind to the Director-General.
[7] Section 9C Accreditation conditions relating to drug and alcohol
programs and testing
Omit "or a regular passenger service by means of a ferry" from section
9C (1).
[8] Section 9C (8)
Omit the definition of transport safety work. Insert instead:
transport safety work means any of the following classes of
work:
(a) work relating to the driving or other operation of a bus,
the loading or disembarking of passengers from a bus or
the movement of buses,
(b) work relating to the repair, maintenance or upgrading of
buses, bus terminals or bus maintenance facilities,
(c) work involving the development, management or
monitoring of safeworking systems for public
passenger services carried on by means of buses,
(d) any other work that is prescribed by the regulations as
transport safety work.
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[9] Section 9D
Insert after section 9C:
9D Safety management systems for bus services
(1) Without limiting section 9B, it is a condition of an
accreditation of an accredited service operator that carries on
a public passenger service by means of a bus that the operator
has, and implements, a safety management system that
complies with the requirements of this section.
(2) The safety management system must be documented and
must:
(a) identify any significant risks that have arisen or may
arise from providing the service, including carrying out
any associated transport safety work, and
(b) specify the controls (including audits, expertise,
resources and staff) that are to be employed by the
operator to manage the risks and to monitor safety
outcomes in relation to the provision of the service, and
(c) comply with any requirements prescribed by the
regulations or set out in any guidelines issued by the
ITSRR under this section and published in the Gazette.
(3) The ITSRR may issue guidelines with respect to policy
objectives and safety initiatives to be adopted by accredited
service operators in safety management systems.
(4) An accredited service operator must, if directed to do so by
the ITSRR, vary a safety management system.
(5) An accredited service operator who fails to comply with the
condition of accreditation referred to in subsection (1) is
guilty of an offence.
Maximum penalty: 1,000 penalty units.
(6) In this section, transport safety work has the same meaning as
it has in section 9C.
[10] Section 11 Authorities
Insert "(other than a ferry)" after "public passenger vehicle" in
section 11 (1).
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[11] Section 16 Service contracts
Omit "accredited operator" from section 16 (1).
Insert instead "accredited service operator or, in the case of a ferry service,
the operator".
[12] Section 17 Service contracts for services other than ferry services
Insert "(other than a contract relating to a ferry service)" after "service
contract" wherever occurring in section 17 (1) and (2).
[13] Section 17A
Insert after section 17:
17A Service contracts for ferry services
(1) A service contract relating to a ferry service must make
provision with respect to:
(a) the period for which it operates, and
(b) the manner in which it may be terminated, and
(c) standards of safety for passengers and the public, and of
maintenance, and
(d) requirements relating to the financial viability of the
operator, and
(e) requirements relating to the fitness of the operator to be
an operator and the character of the operator or of any
directors and managers of the operator, and
(f) any other matters required by this Act or the regulations
to be specified in it.
(2) A service contract relating to a ferry service may make
provision for or with respect to:
(a) monetary or other penalties for breaches of the contract
and the recovery of any such penalties, and
(b) bonds for the performance of any or any specified
obligations under the contract, and
(c) such other matters as the parties think fit to include in
the circumstances of the case.
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(3) The contract may provide for the periodic review, in a manner
and at such periods as the contract may specify, of any matter
for the time being determined by or under it.
(4) It is the duty of the Director-General to ensure that any regular
passenger service contract is not inconsistent with:
(a) the government's standards of safety for passengers and
the public and maintenance, and
(b) standards for, or any other requirements relating to,
ferries, the operator of the service or employees of the
operator under this or any other Act or any regulation,
and
(c) the terms and conditions of any certificate or other
authority issued to an employee of the operator of the
service under any other Act or regulation.
(5) However, in the event of any inconsistency between any such
standards or requirements or terms or conditions and the
provisions of the contract, the provisions of the contract
prevail to the extent of the inconsistency.
[14] Section 23 Performance assessment and renewal of commercial
contracts
Omit "Public Transport Authority, the Public Transport Advisory
Council" from section 23 (2).
Insert instead "Transport Advisory Group constituted under the Transport
Administration Act 1988".
[15] Section 25 Assignment of benefit of service contracts
Insert "in the case of a contract relating to a service other than a ferry
service," before "that" in section 25 (2) (a).
[16] Section 25 (2) (b)
Omit the paragraph. Insert instead:
(b) in any case, that adequate provision will be made by the
assignee for the conduct of the service concerned,
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[17] Section 26 Variation, suspension or cancellation of service
contracts
Insert "relating to a service other than a ferry service" after "service
contract" in section 26 (2).
[18] Part 4C
Insert after Part 4B:
Part 4C Investigations and enforcement
Division 1 Investigations
46A Provision of information relating to safety to ITSRR
(1) A person who carries on a public passenger service by means
of a bus or ferry must provide to the ITSRR the information
concerning measures taken by the person to promote safety or
concerning other matters relating to safety that the ITSRR
reasonably requires.
(2) A person who carries on a public passenger service by means
of a bus or ferry must, if required by notice in writing given to
the person by the ITSRR, submit a safety report to the ITSRR.
(3) The person must provide the information or report in the form
and manner approved by the ITSRR.
Maximum penalty: 500 penalty units.
46B Investigation of certain accidents and incidents
(1) The ITSRR or the Chairperson of the Independent Transport
Safety and Reliability Advisory Board may inquire into any
transport accident or incident that may affect the safe
provision of public passenger services carried on by means of
buses or ferries.
(2) The ITSRR or Chairperson of the Independent Transport
Safety and Reliability Advisory Board must provide to the
Minister a report on an inquiry conducted by the ITSRR or
Chairperson under subsection (1).
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(3) The Minister may require the Chairperson of the Independent
Transport Safety and Reliability Advisory Board to inquire
into and report to the Minister on any transport accident or
incident that may affect the safe provision of public passenger
services carried on by means of buses or ferries.
(4) The Minister may not require the Chairperson of the
Independent Transport Safety and Reliability Advisory Board
to terminate a transport safety inquiry.
(5) The ITSRR or Chairperson of the Independent Transport
Safety and Reliability Advisory Board may recover the
reasonable costs of conducting a transport safety inquiry as a
debt due to the Crown in a court of competent jurisdiction.
The costs are recoverable jointly or severally from any one or
more service operators in respect of the service concerned.
(6) An inquiry may be carried out and a report provided under
this section whether or not:
(a) an investigation is being, or has been, conducted under
the Marine Safety Act 1998 or any other Act or law
relating to the same matter, or
(b) the matter is or may be subject to any criminal or civil
proceedings.
(7) Schedule 6 has effect with respect to a transport safety
inquiry.
46C Power to require persons to attend to answer questions or
produce documents or other things
(1) The ITSRR or Chairperson of the Independent Transport
Safety and Reliability Advisory Board may, by notice in
writing, require either or both of the following:
(a) the attendance of any person at any place to answer
questions at a transport safety inquiry,
(b) the production of any documents or other things
required for the purposes of any such inquiry.
(2) At a transport safety inquiry, the person conducting the
inquiry:
(a) is not bound by the rules of evidence, and
(b) may conduct the inquiry without regard to legal forms,
and
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(c) may inform himself or herself in such manner as the
person thinks fit.
(3) At any such inquiry, the person conducting the inquiry may
administer an oath or require any statement to be verified by
statutory declaration.
(4) A person is not required under this section to travel more than
16 kilometres from the person's place of residence at the time
of receiving the notice, unless a reasonable allowance for
expenses incidental to attendance to give evidence is tendered
to the person on the scale allowed for a witness attending on
a subpoena to give evidence before the District Court.
(5) A person must not, without reasonable excuse, refuse or fail
to comply with a requirement made of the person under this
section.
Maximum penalty: 100 penalty units.
46D Tabling of reports
(1) The Minister is to lay (or cause to be laid) a report under
section 46B before both Houses of Parliament not later than
28 days after the Minister receives the report.
(2) If a House of Parliament is not sitting when the Minister seeks
to lay a report before it, the Minister may present copies of the
report to the Clerk of the House concerned.
(3) The report:
(a) is, on presentation and for all purposes, taken to have
been laid before the House, and
(b) may be printed by authority of the Clerk of the House,
and
(c) if so printed, is for all purposes taken to be a document
published by or under the authority of the House, and
(d) is to be recorded:
(i) in the case of the Legislative Council, in the
Minutes of the Proceedings of the Legislative
Council, and
(ii) in the case of the Legislative Assembly, in the
Votes and Proceedings of the Legislative
Assembly,
on the first sitting day of the House after receipt of the
report by the Clerk.
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46E Confidential reporting of safety information by transport safety
employees
(1) The Chief Investigator may establish a system for the
voluntary reporting by transport safety employees of matters
that may affect the safe carrying out of a public passenger
service by means of a bus or ferry.
(2) The Chief Investigator must not disclose to any other person,
or to any court, any information that may identify an
employee who provides information under any such
voluntary reporting system unless:
(a) the employee consents to the disclosure, or
(b) the Chief Investigator or a court is of the opinion that it
is necessary in the public interest that the information
be disclosed.
(3) Nothing in this section prevents the Chief Investigator from
disclosing information obtained under this section to the
Chief Executive or any member of staff of the ITSRR.
(4) Regulations may be made for or with respect to the following
matters:
(a) the form and manner in which reports may be made,
(b) the manner in which reports are to be dealt with and the
purposes for which information reported under this
section may be used,
(c) other requirements for a system established under this
section.
(5) In this section:
Chief Investigator means the Chief Investigator appointed
under section 42S of the Transport Administration Act 1988.
transport safety employee has the same meaning as it has in
Division 2.
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Division 2 Inspection powers
46F Definitions
In this Division:
transport safety employee means:
(a) an employee or a contractor of an operator of a public
passenger service, or an operator of a public passenger
service, who performs transport safety work, or
(b) a person who, without remuneration or reward,
voluntarily and without obligation performs transport
safety work for an operator.
transport safety work means any of the following classes of
work:
(a) work relating to the driving or other operation of a bus,
the loading or disembarking of passengers from a bus or
the movement of buses,
(b) work relating to the driving or other operation of a ferry
(including, but not limited to, the course, propulsion or
berthing of a ferry), the loading or disembarking of
passengers from a ferry or the movement of ferries,
(c) work relating to the repair, maintenance or upgrading of
buses, ferries, bus or ferry terminals, ferry wharves or
bus or ferry maintenance facilities,
(d) work involving the development, management or
monitoring of safeworking systems for public
passenger services carried on by means of buses or
ferries,
(e) any other work that is prescribed by the regulations as
transport safety work.
46G Use of powers by authorised officers
An authorised officer may exercise the powers conferred by
this Division for the purposes of this Act, including the
following purposes:
(a) the purposes of an inspection, investigation, transport
safety inquiry or other inquiry under this Act,
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(b) the purpose of determining whether there has been a
contravention of this Act, the regulations or the terms of
an accreditation, licence, authority, authorisation,
service contract, requirement or exemption under this
Act.
46H Inspections by Director-General or ITSRR of bus and ferry
services
(1) The Director-General or ITSRR may cause inspections to be
carried out to ensure that a person who carries on a public
passenger service by means of a bus or ferry is complying
with the terms of the person's accreditation or service contract
under this Act or with the requirements of this Act relating to
a safety management system.
(2) Inspections under this section may be carried out at such
intervals as the Director-General or ITSRR thinks fit.
(3) For the purposes of this section, the Director-General or
ITSRR may cause the following to be inspected:
(a) the performance of transport safety employees,
(b) any bus or ferry used for the purposes of a public
passenger service and any equipment, furnishings or
fittings in or about the bus or ferry,
(c) the carrying out of a public passenger service by means
of a bus or ferry,
(d) any other thing the Director-General or ITSRR
considers to be relevant to the safe carrying on of a
public passenger service by means of a bus or ferry.
46I Power of entry
(1) An authorised officer may enter premises (other than any
premises, or a part of any premises, that are used as a
dwelling) that the officer reasonably suspects are being used
for the purposes of a public passenger service, a taxi-cab
network (as defined in section 29A) or for the keeping of
records for any such purposes.
(2) Entry may be made only at a reasonable hour in the daytime
or at any hour during which a public passenger service is in
operation or other related activity is in progress or is usually
carried out in or on the premises.
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46J Powers on entry
An authorised officer has the following powers in or on
premises that the officer is authorised to enter under this Act:
(a) power to inspect any vehicle that the officer reasonably
suspects is being used for the purposes of a public
passenger service and inspect or test any taxi-meter,
radio receiver or other equipment, or inspect any
furnishings or fittings, in or on or about the vehicle,
(b) power, by notice in writing, to require the owner or
person in charge of any such vehicle or equipment
specified in the notice to have the vehicle or equipment
inspected or tested within a time limit specified by the
notice,
(c) power to inspect any maintenance facilities, equipment
or apparatus used for the purposes of or in connection
with a public passenger service,
(d) power to inquire into any transport accident or other
incident affecting the safe carrying out of a public
passenger service or the personal security of members
of the public using a public passenger service or
transport safety employees that has happened in or on
the premises,
(e) power to take samples and photographs in connection
with any inspection or inquiry,
(f) power to search for evidence of any contravention of
this Act, the regulations or the terms of an accreditation,
licence, authority, authorisation, service contract,
requirement or exemption under this Act,
(g) power to search for and inspect relevant documents and
require any person in or on the premises to produce to
the authorised officer any relevant documents in the
person's custody or under the person's control,
(h) power to require any person in or on the premises to
answer questions or otherwise give information in
relation to the matter the subject of the inspection,
investigation or inquiry,
(i) power to exercise functions under section 46L in
relation to any relevant documents found in or on the
premises or produced to an authorised officer,
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(j) power to seize anything that the authorised officer
suspects on reasonable grounds is connected with an
offence against this Act or the regulations and to secure
any such thing against interference,
(k) power to secure the perimeter of the site of any
transport accident or other incident concerning a public
passenger service by whatever means, and for such
period, as the authorised officer considers appropriate
or the Director-General or ITSRR specifies.
Note. For the purposes of this Act, vehicle is defined to include
a vessel (see section 3 (1)).
46K Inspection and testing of vehicles
(1) An authorised officer may, for the purposes of an inspection
of a vehicle that the officer is authorised to inspect under this
Act:
(a) enter and remain in or on the vehicle, and
(b) enter and remain in any workshop or other premises
where the vehicle is located, and
(c) operate the vehicle and any operable equipment in, on
or about the vehicle.
(2) The driver or person in charge of a vehicle that is being driven
or used on a road or road related area or in any other place
must, for the purpose of enabling an authorised officer to
inspect or test the vehicle or equipment under this Division,
comply with any reasonable direction by an authorised officer
to stop, stand, park or manoeuvre the vehicle, or to do any
other thing, for the purpose of facilitating the inspection or
testing of the vehicle.
(3) A direction to stop the vehicle may be given by the authorised
officer by displaying a sign or by any other reasonable
method.
(4) If a vehicle has been stopped in compliance with a direction
under this section, any inspection and testing of the vehicle or
equipment under this Division must be carried out:
(a) at or as near as practicable to the place where the
direction to stop the vehicle is given, and
(b) as soon as practicable, and in any case within one hour,
after the vehicle is stopped in accordance with the
direction.
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(5) A notice under this Division requiring a vehicle or equipment
to be tested may require the vehicle or equipment:
(a) to be inspected or tested at a specified place (being a
place within 80 kilometres of the owner's or person's
place of residence or place of business), or
(b) to be tested by or in the presence of an authorised
officer.
46L Functions of authorised officers in relation to relevant
documents
(1) An authorised officer has the following powers in relation to
relevant documents found by an authorised officer in or on
premises or a vehicle entered by the authorised officer or
produced to the authorised officer pursuant to a requirement
made under this Division:
(a) power to take possession of the documents or secure
them against interference,
(b) power to take copies of, or take extracts from, the
documents,
(c) power to require any person who was party to the
creation of the documents to make a statement
providing any explanation that the person is able to
provide as to any matter relating to the creation of the
documents or as to any matter to which the documents
relate,
(d) power to retain possession of the documents for such
period as is necessary to enable the documents to be
inspected, and copies of, or extracts from, the
documents to be made or taken.
(2) While an authorised officer retains possession of a document,
the authorised officer must permit a person who would be
entitled to inspect the document were it not in the possession
of the authorised officer to inspect the document at any
reasonable time and make a copy of, or take extracts from, the
document.
(3) If an authorised officer takes possession of or secures against
interference any relevant document on which a person has a
lien, the authorised officer's actions do not prejudice the lien.
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46M Other powers related to documents
(1) An authorised officer may, by notice in writing, require a
person to furnish records or information.
(2) The notice must specify the manner in which records or
information are required to be furnished and a reasonable time
by or at which they must be furnished.
(3) The authorised officer may take copies of, or extracts from,
records furnished in response to a notice.
(4) If any record required by the notice to be furnished is in
electronic form or a form other than writing, the notice
requires the record to be furnished in writing, unless the
notice otherwise provides.
46N Notice of entry
Before an authorised officer enters premises or a vehicle
under this Act, the authorised officer must give the owner or
occupier of the premises, or the owner or person in charge of
the vehicle, reasonable notice of the intention to enter the
premises or vehicle unless:
(a) the giving of notice would defeat the purpose for which
it is intended to enter the premises or vehicle, or
(b) entry to the premises or vehicle is made with the
consent of the owner or occupier of the premises or the
owner or person in charge of the vehicle, or
(c) entry is required in an emergency.
46O Use of force
A power conferred by this Act to enter any premises or
vehicle, or to do anything in or on any premises or vehicle,
may not be exercised unless the authorised officer proposing
to exercise the power uses no more force than is reasonably
necessary to effect the entry or to do the thing for which entry
is effected.
46P Care to be taken
In the exercise of a function under this Division, an authorised
officer must do as little damage as possible.
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46Q Compensation
(1) The Director-General must pay compensation for any damage
caused by any authorised officer in the exercise of a power to
enter premises or a vehicle under this Division, other than
damage arising from work done for the purpose of an
inspection which reveals that there has been a contravention
of this Act or any other Act or law.
(2) Section 66 does not apply to a liability under this section.
46R Authority to enter
(1) A power conferred by this Division to enter premises or a
vehicle, or to make an inspection or take other action in or on
premises or a vehicle, may not be exercised unless the person
proposing to exercise the power is in possession of an
authority and produces the authority, if required to do so by
the owner or occupier of the premises or the driver or person
in charge of the vehicle.
(2) The authority must be a written authority that is issued by the
Director-General or ITSRR and that:
(a) states that it is issued under this Act, and
(b) states an identifying number or other means of
identifying the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) describes the premises or vehicles to which it extends,
and
(f) bears the signature of the Director-General or the Chief
Executive of the ITSRR or a person approved by the
Director-General or Chief Executive.
(3) This section does not apply to a power conferred by a search
warrant.
46S Assistance to be given to authorised officers
(1) This section applies for the purpose of enabling an authorised
officer to exercise any of the powers of an authorised officer
under this Division.
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(2) The Director-General or ITSRR may, by notice in writing
served on the occupier of premises referred to in section 46I,
require the person to provide such reasonable assistance and
facilities as are specified in the notice within a specified time
and in a specified manner.
(3) A person who fails to comply with a requirement under this
section is taken to have obstructed the authorised officer in the
exercise of the authorised officer's functions under this
Division.
46T Premises used for residential purposes
The powers of entry and inspection conferred by this Division
are not exercisable in relation to any premises or part of
premises that are being used for residential purposes except:
(a) with the permission of the occupier of the premises or
part of the premises, or
(b) under the authority conferred by a search warrant.
46U Protection from incrimination
(1) A person is not excused from any of the following
requirements made under this Act on the ground that the
statement might tend to incriminate him or her:
(a) a requirement to answer a question or produce a thing,
(b) a requirement to make a statement.
(2) However, the answer to the question, production of the thing,
any information obtained as a direct result of the answer or
production, or the statement, is not admissible in evidence
against the person in criminal proceedings:
(a) if the person claims before giving the answer,
producing the thing or making the statement that it
might tend to incriminate the person, or
(b) unless the person's entitlement to make a claim of the
kind referred to in paragraph (a) was drawn to the
person's attention before the answer was given, the
thing was produced or the statement was made.
(3) Except as provided by subsection (2), an answer to a question,
production of a thing, any information obtained as a direct
result of any such answer or production, or a statement made
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by a person, in compliance with a requirement under this Act,
may be used in evidence in any criminal or civil proceedings
against the person.
46V Search warrants
(1) An authorised officer may apply to an authorised justice for a
search warrant if the authorised officer has reasonable
grounds for believing that the provisions of this Act, the
regulations or the terms of an accreditation, licence, authority,
authorisation, service contract, requirement or exemption
under this Act have been or are being contravened in or on any
premises.
(2) An authorised justice to whom such an application is made
may, if satisfied that there are reasonable grounds for doing
so, issue a search warrant authorising an authorised officer
named in the warrant:
(a) to enter the premises, and
(b) to search the premises for evidence of a contravention
of this Act, the regulations or the terms of an
accreditation, licence, authority, authorisation, service
contract, requirement or exemption under this Act.
(3) Part 3 of the Search Warrants Act 1985 applies to a search
warrant issued under this section.
(4) Without limiting the generality of section 18 of the Search
Warrants Act 1985, a police officer:
(a) may accompany an authorised officer executing a
search warrant issued under this section, and
(b) may take all reasonable steps to assist the authorised
officer in the exercise of the officer's functions under
this section.
(5) In this section, authorised justice has the same meaning as it
has in the Search Warrants Act 1985.
46W Other authorised officers
In addition to other persons who may be appointed as
authorised officers under this Act, the Director-General, the
Chairperson of the Independent Transport Safety and
Reliability Advisory Board or the ITSRR may, for the
purpose of the investigation of a specified bus or ferry
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accident or incident, appoint as an authorised officer a person
exercising powers, or holding office under, a Commonwealth
Act.
[19] Section 49 Review panels
Omit "Department of Transport". Insert instead "Ministry of Transport".
[20] Section 53C Drug and alcohol programs and testing relating to
ferry services
Omit "charter service, a long-distance service or a tourist service" from
section 53C (1).
Insert instead "public passenger service".
[21] Section 53D
Insert after section 53C:
53D Ferry operators to have approved safety management systems
(1) A person who carries on a public passenger service by means
of a ferry, being a service operating within, or partly within,
New South Wales, is guilty of an offence unless the person
has, and implements, a safety management system that
complies with this section.
Maximum penalty: 1,000 penalty units.
(2) The safety management system must be documented and
must:
(a) identify any significant risks that have arisen or may
arise from providing the service, including carrying out
any associated transport safety work, and
(b) specify the controls (including audits, expertise,
resources and staff) that are to be employed by the
operator to manage the risks and to monitor safety
outcomes in relation to the provision of the service, and
(c) comply with any requirements prescribed by the
regulations or set out in guidelines issued by the
Waterways Authority under this section and published
in the Gazette.
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Schedule 3 Amendment of Passenger Transport Act 1990 No 39
(3) The Waterways Authority may issue guidelines with respect
to policy objectives and safety initiatives to be adopted in
safety management systems by persons who carry on public
passenger services by means of a ferry.
(4) A person who carries on a public passenger service by means
of a ferry must, if directed to do so by the Waterways
Authority, vary a safety management system.
(5) In this section, transport safety work has the same meaning as
it has in section 53C.
[22] Sections 56 and 57
Omit sections 55A57. Insert instead:
56 Obstruction
A person must not:
(a) hinder or obstruct an authorised officer in a manner that
interferes with the performance by the officer of his or
her functions under this Act or the regulations, or
(b) being the occupier or person in charge of any place or
land entered by the authorised officer under a power
conferred by this Act, fail to provide the officer with all
reasonable facilities and assistance for the effective
exercise of the officer's functions under this Act, or
(c) fail, without reasonable excuse, to answer questions or
provide information when required to do so by an
authorised officer in the exercise of his or her functions
as an authorised officer, or
(d) fail to produce for inspection any documents when
required to do so by an authorised officer in the exercise
of his or her functions as an authorised officer.
Maximum penalty:
(a) in the case of a corporation--1,000 penalty units, or
(b) in the case of an individual--500 penalty units.
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57 False or misleading information
A person must not:
(a) provide to an authorised officer (whether in answer to a
question asked by the authorised officer or otherwise)
information (which may include or consist of a
document) that the person knows is false or misleading
in a material particular, or
(b) provide to the ITSRR or the Chairperson of the
Independent Transport Safety and Reliability Advisory
Board, or to any other person on behalf of the ITSRR or
Chairperson, for the purposes of a transport safety
inquiry information (which may include or consist of a
document) that the person knows is false or misleading
in a material particular, or
(c) provide in relation to an application for accreditation, or
for variation of accreditation, information (which may
include or consist of a document) that the person knows
is false or misleading in a material particular.
Maximum penalty:
(a) in the case of a corporation--150 penalty units, or
(b) in the case of an individual--100 penalty units.
[23] Section 60 Proceedings for offences
Omit "constituted by a Magistrate sitting alone" from section 60 (1).
[24] Section 60 (2)
Omit "100". Insert instead "500".
[25] Section 60 (3)
Omit "Justices Act 1902". Insert instead "Criminal Procedure Act 1986".
[26] Section 66
Insert after section 65:
66 Exclusion of liability of the State
No act or omission of the Minister, the Director-General, the
ITSRR, the Chairperson or other member of the Independent
Transport Safety and Reliability Advisory Board, the Chief
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Executive of the Waterways Authority or an officer of the
Ministry of Transport, the ITSRR or the Waterways Authority
in the course of exercising functions under this Act gives rise
to any civil liability (including, for example, liability in
negligence or for breach of statutory duty) against the State or
any authority of the State.
[27] Schedule 1 Provisions relating to powers of authorised officers
Omit the Schedule.
[28] Schedule 3 Savings and transitional provisions
Insert at the end of clause 2 (1):
Transport Legislation Amendment (Safety and Reliability)
Act 2003 (but only to the extent that it amends this Act)
[29] Schedule 3
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Transport Legislation Amendment
(Safety and Reliability) Act 2003
Definition
In this Part:
the amending Act means the Transport Legislation
Amendment (Safety and Reliability) Act 2003.
Safety management systems
(1) An accredited service operator is not required to comply with
section 9D until 12 months after the commencement of that
section.
(2) A person who carries on a public passenger service by means
of a ferry is not required to comply with section 53D until 12
months after the commencement of that section.
(3) The regulations may extend the period under this clause for
which a person, or a class of persons, is not required to
comply with section 9D or 53D.
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Service contracts for ferry services
(1) A service contract relating to a service provided by a ferry
immediately before the commencement of this clause is
required to comply with section 17A not later than 12 months
after the commencement of that section.
(2) The regulations may extend the period under this clause
within which a contract, or a class of contracts, is required to
comply with section 17A.
Investigation of bus or ferry accidents or incidents
Section 46B, as inserted by the amending Act, applies to an
accident or incident that occurred before, on or after the
commencement of that section.
Authorised officers
Nothing in the amending Act:
(a) affects the appointment of a person as an authorised
officer if the person was an authorised officer
immediately before the commencement of this clause,
or
(b) affects a function exercised by an authorised officer
before the commencement of this clause.
[30] Schedule 5 Transport safety employees--alcohol or other drugs
Omit "charter service, a long-distance service or a tourist service"
wherever occurring in the definition of transport safety employee in
clause 1.
Insert instead "public passenger service carried on".
[31] Schedule 5, clause 3 Regulations
Insert "the carrying out of transport safety work by a transport safety
employee while under the influence of alcohol or any other drug or while
the prescribed concentration of alcohol or prescribed concentration or
amount of another drug is present in the employee's blood or urine," after
"relating to" in clause 3 (2).
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[32] Schedule 6
Insert after Schedule 5:
Schedule 6 Transport safety inquiries
(Section 46B (7))
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Independent
Transport Safety and Reliability Advisory Board.
ITSRR means the Independent Transport Safety and
Reliability Regulator.
2 Conduct of transport safety inquiries
(1) If the ITSRR or the Chairperson conducts a transport safety
inquiry, the ITSRR or Chairperson may appoint such persons
as the ITSRR or Chairperson thinks fit to assist the ITSRR or
Chairperson in conducting the inquiry.
(2) Without limiting subclause (1), the ITSRR or Chairperson
may appoint a person exercising powers, or holding office
under, an Act of the Commonwealth to assist the ITSRR or
Chairperson.
(3) A person appointed to assist a person conducting a transport
safety inquiry is, while so acting, entitled to be paid at the rate
determined by the Chairperson.
3 Procedure at transport safety inquiries
(1) The procedure for the meetings of a transport safety inquiry
is, subject to this Act and the regulations, to be as determined
by the person conducting the inquiry.
(2) The person conducting a transport safety inquiry may, but is
not required to, hold the inquiry in public.
(3) Without limiting subclause (1), the regulations may make
provision for or with respect to the provision of assistance to,
or representation of, persons attending a transport safety
inquiry.
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4 Protection of informants
Civil proceedings may not be brought against a person who
has supplied information to a transport safety inquiry in
respect of any matter contained in that information that is or
is alleged to be defamatory or a breach of confidence.
5 Purpose of transport safety inquiries
To avoid doubt, it is not part of the purpose of a transport
safety inquiry, or the function of a person conducting a
transport safety inquiry:
(a) to provide evidence for the purposes of proceedings
against any person, or
(b) to determine the liability or otherwise of any person
with respect to any matter the subject of the transport
safety inquiry.
6 Effect of certain other Acts
If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified
office to devote the whole of his or her time to the duties
of that office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify that person from
holding that office and also being appointed to assist a person
conducting a transport safety inquiry or from accepting and
retaining any remuneration payable to the person under this
Act for doing so.
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Schedule 4 Amendment of Rail Safety Act 2002 No 96
(Section 3)
[1] Section 4 Interpretation
Omit "Director-General" from the definition of approved in section 4 (1).
Insert instead "ITSRR".
[2] Section 4 (1), definition of "authorised officer"
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[3] Section 4 (1), definition of "Department"
Omit the definition.
[4] Section 4 (1), definition of "Director-General"
Omit "Department". Insert instead "Ministry of Transport".
[5] Section 4 (1)
Insert in alphabetical order:
Independent Transport Safety and Reliability Advisory
Board means the Independent Transport Safety and
Reliability Advisory Board established under the Transport
Administration Act 1988.
ITSRR means the Independent Transport Safety and
Reliability Regulator constituted under the Transport
Administration Act 1988.
[6] Section 4 (1), definition of "rail investigation panel"
Omit the definition.
[7] Section 6 Railways to which Act applies
Omit "Director-General" from section 6 (2) (b).
Insert instead "ITSRR".
[8] Section 7 Act binds Crown
Omit section 7 (2).
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[9] Section 9 Purpose of accreditation
Omit "Director-General" wherever occurring in section 9 (1) and (3).
Insert instead "ITSRR".
[10] Section 10 Applicant to give information
Omit "Director-General" wherever occurring in section 10 (1) and (2).
Insert instead "ITSRR".
[11] Section 11 Safety management systems
Omit section 11 (1). Insert instead:
(1) An applicant for accreditation must give to the ITSRR a
document describing its safety management system, being a
comprehensive system that complies with the requirements of
this section.
[12] Section 11 (3), (4), (5) and (6)
Omit "Director-General" wherever occurring.
Insert instead "ITSRR".
[13] Section 11 (2) and (5)
Omit "safety management plan" wherever occurring.
Insert instead "safety management system".
[14] Section 11 (6)
Omit "safety management plans".
Insert instead "safety management systems".
[15] Section 11 (7)
Insert after section 11 (6):
(7) A guideline issued by the ITSRR under this section
must be published in the Gazette.
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[16] Section 12 Safety interface agreements
Omit "Director-General" wherever occurring in section 12 (1).
Insert instead "ITSRR".
[17] Section 13 Passenger security
Omit "Director-General" from section 13 (1). Insert instead "ITSRR".
[18] Section 14 Applicant to demonstrate capacity to safely carry out
railway operations
Omit "Director-General". Insert instead "ITSRR".
[19] Section 15 Applicant to describe, and identify ownership of,
infrastructure
Omit "Director-General" from section 15 (1). Insert instead "ITSRR".
[20] Section 16 Rolling stock to be identified
Omit "Director-General" from section 16 (1). Insert instead "ITSRR".
[21] Section 17 Designated directors and managers
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[22] Section 18 Grant of accreditation
Omit "Director-General" wherever occurring in section 18 (1), (2) and (3).
Insert instead "ITSRR".
[23] Section 18 (1)
Insert "or refuse" after "grant".
[24] Section 18 (2)
Insert "or of the refusal" after "accreditation".
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[25] Section 18A
Insert after section 18:
18A Referral to Independent Transport Safety and Reliability
Advisory Board
Before granting or refusing an accreditation (including a
provisional accreditation) or granting an exemption under
section 21, the ITSRR must refer the matter to the
Independent Transport Safety and Reliability Advisory Board
and consider any advice given by the Board.
[26] Section 19 Provisional accreditation
Omit "Director-General" wherever occurring in section 19 (1) and (3).
Insert instead "ITSRR".
[27] Section 20 Notice of provisional accreditation
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[28] Section 20A
Insert after section 20:
20A Application to Administrative Decisions Tribunal for review of
decision of ITSRR
A person aggrieved by a decision of the ITSRR under this
Division to refuse accreditation or to grant a provisional
accreditation may apply to the Administrative Decisions
Tribunal for a review of the decision.
[29] Section 21 Exemptions from accreditation and accreditation
requirements
Omit "Director-General" wherever occurring in section 21 (1), (2), (3) and
(4).
Insert instead "ITSRR".
[30] Section 22 Exemption of interstate railway operators
Omit "Director-General" wherever occurring in section 22 (1), (2) and (3).
Insert instead "ITSRR".
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[31] Section 23 Exemption of operators of private sidings
Omit "Director-General" wherever occurring in section 23 (5) and (6).
Insert instead "ITSRR".
[32] Section 24 Sale or transfer of railway by accredited person
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[33] Section 25 Variation of accreditations
Omit "Director-General". Insert instead "ITSRR".
[34] Section 26 Declarations as to variation of accreditation
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[35] Section 27 Requests by accredited persons for variation or
surrender of accreditations
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[36] Section 28 Suspension or cancellation of accreditation
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[37] Section 29 Suspension of accreditation in emergency
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[38] Section 30 Requirements for variation, suspension or
cancellation
Omit "Director-General" from section 30 (1). Insert instead "ITSRR".
[39] Section 31 Systems to be considered before action taken
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[40] Section 31A
Insert after section 31:
31A Referral to Independent Transport Safety and Reliability
Advisory Board
Before varying, suspending and cancelling or cancelling an
accreditation, the ITSRR must refer the matter to the
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Independent Transport Safety and Reliability Advisory Board
and consider any advice given by the Board.
[41] Section 32 Notice of proposed action
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[42] Section 33 Representations to ITSRR
Omit "Director-General" from section 33 (2). Insert instead "ITSRR".
[43] Section 34 Determination by ITSRR
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[44] Section 35 Application to Administrative Decisions Tribunal for
review of decision of ITSRR
Omit "Director-General". Insert instead "ITSRR".
[45] Section 36 Employees to be issued with certificates of
competency
Omit "other than an operator of a railway" from section 36 (2).
Insert instead "other than the operator of the railway concerned".
[46] Section 36 (2), (3), (4) and (6)
Omit "Director-General" wherever occurring.
Insert instead "ITSRR".
[47] Section 37A
Insert after section 37:
37A Production of certificate of competency
A railway employee who is carrying out railway safety work
must, when requested by an authorised officer to do so,
produce to the authorised officer proof that the employee is
the holder of an appropriate certificate of competency issued
under section 36.
Maximum penalty: 5 penalty units.
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[48] Section 39 Register of certificates
Insert at the end of the section:
(2) An operator of a railway or other person who keeps a register
under this section may provide information obtained from the
register to the ITSRR, another operator of a railway or any
person who keeps a register under this section.
[49] Section 42 Railway employees--alcohol or other drugs
Omit "Director-General" wherever occurring in section 42 (1), (2) and (4).
Insert instead "ITSRR".
[50] Section 43 Fatigue management
Omit "Director-General" wherever occurring in section 43 (1) and (2).
Insert instead "ITSRR".
[51] Section 44 Annual accreditation fees
Omit "Director-General". Insert instead "ITSRR".
[52] Section 45 Fixing of annual accreditation fees
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[53] Section 46 Payment of annual fees
Omit "Director-General" wherever occurring in section 46 (2) and (3).
Insert instead "ITSRR".
[54] Section 47 Additional time for payment
Omit "Director-General" from section 47 (2). Insert instead "ITSRR".
[55] Section 48 Minimum and late payment fees
Omit "Director-General" wherever occurring in section 48 (1) and (3).
Insert instead "ITSRR".
[56] Section 48 (3)
Omit "Director-General's". Insert instead "ITSRR's".
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[57] Section 49 Safety inspections
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[58] Section 56 Review of notices by ITSRR
Omit "Director-General" wherever occurring in section 56 (1), (4), (5) and
(6).
Insert instead "ITSRR".
[59] Section 57 Application to Administrative Decisions Tribunal for
stay of prohibition notice
Omit "Director-General" from section 57 (2). Insert instead "ITSRR".
[60] Section 58 Appeal to Administrative Decisions Tribunal
Omit "Director-General". Insert instead "ITSRR".
[61] Section 59 Withdrawal of notices
Omit "Director-General" from section 59 (1). Insert instead "ITSRR".
[62] Section 62 Industry safety reports
Omit "Director-General must, not later than 1 July" from section 62 (1).
Insert instead "ITSRR must,".
[63] Section 62 (2)
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[64] Section 62 (3)
Omit the subsection. Insert instead:
(3) A report under this section may be included in the annual
report of the ITSRR under the Annual Reports (Statutory
Bodies) Act 1984.
[65] Section 63 Provision of information relating to safety to ITSRR
Omit "Director-General" wherever occurring in section 63 (1) and (2).
Insert instead "ITSRR".
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[66] Section 64 Accredited persons must report notifiable occurrences
to ITSRR
Omit "Director-General" wherever occurring in section 64 (1), (2) and (4).
Insert instead "ITSRR".
[67] Section 65 Reports of other matters
Omit "Director-General". Insert instead "ITSRR".
[68] Section 65A
Insert after section 65:
65A Confidential reporting of safety information by railway
employees
(1) The Chief Investigator may establish a system for the
voluntary reporting by railway employees of matters that may
affect the safe carrying out of railway operations.
(2) The Chief Investigator must not disclose to any other person,
or to any court, any information that may identify an
employee who provides information under any such
voluntary reporting system unless:
(a) the employee consents to the disclosure, or
(b) the Chief Investigator or a court is of the opinion that it
is necessary in the public interest that the information
be disclosed.
(3) Nothing in this section prevents the Chief Investigator from
disclosing information obtained under this section to the
Chief Executive or any member of staff of the ITSRR.
(4) Regulations may be made for or with respect to the following
matters:
(a) the form and manner in which reports may be made,
(b) the manner in which reports are to be dealt with and the
purposes for which information reported under this
section may be used,
(c) other requirements for a system established under this
section.
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Amendment of Rail Safety Act 2002 No 96 Schedule 4
(5) In this section:
Chief Investigator means the Chief Investigator appointed
under section 42S of the Transport Administration Act 1988.
[69] Section 66 Inquiries into railway accidents and incidents by
accredited persons
Omit "Director-General" wherever occurring in section 66 (1), (2), (3)
and (4).
Insert instead "ITSRR".
[70] Section 66 (6)
Insert after section 66 (5):
(6) The ITSRR may waive the requirement to comply with
subsection (1) in relation to a railway accident or incident if
the accident or incident is the subject of a rail safety inquiry.
[71] Section 67 Inquiries by ITSRR or Chairperson of Independent
Transport Safety and Reliability Advisory Board
Omit "Director-General or, at the request of the Director-General, a rail
investigation panel" from section 67 (1).
Insert instead "ITSRR or the Chairperson".
[72] Section 67 (2)
Omit "Director-General or Chairperson of rail investigation panels".
Insert instead "ITSRR or Chairperson".
[73] Section 67 (2)
Omit "Director-General or a rail investigation panel".
Insert instead "ITSRR or Chairperson".
[74] Section 67 (3)
Omit "Director-General or a rail investigation panel".
Insert instead "Chairperson".
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[75] Section 67 (4)
Omit section 67 (4) and (5). Insert instead:
(4) The Minister may not require the Chairperson to terminate a
rail safety inquiry.
[76] Section 67 (6)
Omit "Director-General". Insert instead "ITSRR or Chairperson".
[77] Section 67 (7)(9)
Omit section 67 (7) and (8). Insert instead:
(7) An inquiry may be carried out and a report provided under
this section whether or not:
(a) an investigation is being, or has been, conducted under
any other Act or law relating to the same matter, or
(b) the matter is or may be subject to any criminal or civil
proceedings.
(8) Schedule 4 has effect with respect to rail safety inquiries.
(9) In this section:
Chairperson means the Chairperson of the Independent
Transport Safety and Reliability Advisory Board.
[78] Section 69 Power to require persons to attend to answer
questions or produce documents or other things
Omit "Director-General or Chairperson of rail investigation panels" from
section 69 (1).
Insert instead "ITSRR or Chairperson of the Independent Transport Safety
and Reliability Advisory Board".
[79] Section 69 (2)
Omit "Director-General or rail investigation panel".
Insert instead "person".
[80] Section 69 (2) (c)
Omit "or itself".
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Amendment of Rail Safety Act 2002 No 96 Schedule 4
[81] Section 69 (2) (c)
Omit "or panel".
[82] Section 69 (3)
Omit "Director-General or Chairperson of the rail investigation panel".
Insert instead "person".
[83] Section 70
Omit the section.
[84] Section 71 Disclosure of train safety record to Commonwealth or
Commonwealth authority
Omit "Director-General, a person who is or was an authorised officer or a
member of a rail investigation panel" from section 71 (1).
Insert instead "ITSRR, Chairperson of the Independent Transport Safety
and Reliability Advisory Board or a person who is or was an authorised
officer".
[85] Section 72 Disclosure of train safety records (other than train
safety recordings) to a court or person
Omit "Director-General, a person who is or was an authorised officer or a
member of a rail investigation panel" from section 72 (1).
Insert instead "ITSRR, Chairperson of the Independent Transport Safety
and Reliability Advisory Board or a person who is or was an authorised
officer".
[86] Section 77 Compliance with subpoenas and other directions
Omit "Director-General, an authorised officer or a member of a rail
investigation panel" from section 77 (1).
Insert instead "ITSRR, Chairperson of the Independent Transport Safety
and Reliability Advisory Board or a person who is or was an authorised
officer or an officer of the ITSRR or the Ministry of Transport".
[87] Section 78 Admissibility of other evidence and liability
Omit "or the Director-General" from section 78 (2).
Insert instead ", the ITSRR or the Chairperson of the Independent
Transport Safety and Reliability Advisory Board".
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[88] Section 78 (3) (a)
Omit "Director-General".
Insert instead "ITSRR or the Chairperson of the Independent Transport
Safety and Reliability Advisory Board".
[89] Section 80 Inspections and investigations
Insert after section 80 (i):
(ia) power to seize anything that the authorised officer
suspects on reasonable grounds is connected with an
offence against this Act or the regulations or to secure
any such thing against interference,
[90] Section 80 (j)
Insert ", and for such period, as" after "means".
[91] Section 80 (j)
Omit "Director-General". Insert instead "ITSRR".
[92] Section 85 Recovery of cost of entry and inspection
Omit "Director-General". Insert instead "ITSRR".
[93] Section 86 Compensation
Omit "Director-General". Insert instead "ITSRR".
[94] Section 87 Authority to enter railway premises
Omit "Director-General" wherever occurring in section 87 (2).
Insert instead "ITSRR".
[95] Section 92 Failure to maintain safety systems, devices or
appliances
Omit section 92 (4).
[96] Section 95 Railway offences
Omit "Director-General" from section 95 (l).
Insert instead "ITSRR".
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[97] Section 96 Offenders to state name and address
Omit "Director-General" wherever occurring in section 96 (5), (6), (7) and
(8).
Insert instead "ITSRR".
[98] Section 98 False or misleading information
Omit "Director-General" wherever occurring in section 98 (b).
Insert instead "ITSRR".
[99] Section 104 Authority to take proceedings
Omit "Director-General" wherever occurring in section 104 (1), (2), (4)
and (5).
Insert instead "ITSRR".
[100] Section 104 (2)
Omit "Department". Insert instead "ITSRR".
[101] Section 106 Recovery of amounts due
Omit "Director-General". Insert instead "ITSRR".
[102] Section 107 Records and evidence from records
Omit "Director-General" wherever occurring. Insert instead "ITSRR".
[103] Section 108 Functions of ITSRR
Omit "Director-General". Insert instead "ITSRR".
[104] Section 108A
Insert after section 108:
108A Functions of Independent Transport Safety and Reliability
Advisory Board and Chairperson of Board
(1) The functions of the Independent Transport Safety and
Reliability Advisory Board under this Act include the
following:
(a) advising the ITSRR on matters relating to the
accreditation or authorisation of persons under this Act,
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Schedule 4 Amendment of Rail Safety Act 2002 No 96
(b) advising the ITSRR on reports issued by the ITSRR
under this Act and other matters under this Act,
(c) making recommendations to the ITSRR and the
Minister concerning rail safety generally.
(2) The functions of the Chairperson of the Independent
Transport Safety and Reliability Advisory Board under this
Act are to conduct rail safety inquiries and to report on those
inquiries.
[105] Section 109 Use of staff of Authority or Corporations
Omit the section.
[106] Section 110 Consultants
Omit the section.
[107] Section 111 Authorised officers
Omit "Director-General".
Insert instead "ITSRR or Chairperson of the Independent Transport Safety
and Reliability Advisory Board".
[108] Section 112 Delegation by Minister
Omit "Department" from section 112 (1). Insert instead "ITSRR".
[109] Section 112 (2)
Omit the subsection.
[110] Section 113 Exclusion of personal liability
Omit "Director-General, an officer of the Department".
Insert instead "ITSRR, Chairperson or other member of the Independent
Transport Safety and Reliability Advisory Board, an officer of the
ITSRR".
[111] Section 113
Omit "Director-General" where secondly and thirdly occurring.
Insert instead "ITSRR, the Chairperson, the member".
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[112] Section 114 Exclusion of liability of the State
Omit "Director-General or any other officer of the Department".
Insert instead "ITSRR, Chairperson or member of the Independent
Transport Safety and Reliability Advisory Board or an officer of the
ITSRR".
[113] Section 117 Regulations
Insert after section 117 (2) (n):
(n1) certificates of competency, including cancellation and
suspension of certificates and monitoring of procedures
relating to certificates of competency,
[114] Section 117 (3)
Insert ", (n1)" after "(n)".
[115] Section 117 (3)
Omit "Director-General". Insert instead "ITSRR".
[116] Schedule 1 Railway employees--alcohol or other drugs
Insert "the carrying out of railway safety work by a railway employee
while under the influence of alcohol or any other drug or while the
prescribed concentration of alcohol or prescribed concentration or amount
of another drug is present in the employee's blood or urine," after "relating
to" in clause 2 (2).
[117] Schedule 2 Fatigue management
Omit "intercity or interurban" from clause 2 (1) (a).
Insert instead "interurban or long distance passenger".
[118] Schedule 2, clause 3 (b)
Omit "Director-General". Insert instead "ITSRR".
Page 79
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 4 Amendment of Rail Safety Act 2002 No 96
[119] Schedule 4
Omit the Schedule. Insert instead:
Schedule 4 Rail safety inquiries
(Section 67 (8))
1 Definition
In this Schedule:
Chairperson means the Chairperson of the Independent
Transport Safety and Reliability Advisory Board.
2 Conduct of rail safety inquiries
(1) If the ITSRR or the Chairperson conducts a rail safety inquiry,
the ITSRR or Chairperson may appoint such persons as the
ITSRR or Chairperson thinks fit to assist the ITSRR or
Chairperson in conducting the inquiry.
(2) Without limiting subclause (1), the ITSRR or Chairperson
may appoint a person exercising powers, or holding office
under, an Act of the Commonwealth to assist the ITSRR or
Chairperson.
(3) A person appointed to assist a person conducting a rail safety
inquiry is, while so acting, entitled to be paid at the rate
determined by the Chairperson.
3 Procedure at rail safety inquiries
(1) The procedure for the meetings of a rail safety inquiry is,
subject to this Act and the regulations, to be as determined by
the person conducting the inquiry.
(2) The person conducting a rail safety inquiry may, but is not
required to, hold the inquiry in public.
(3) Without limiting subclause (1), the regulations may make
provision for or with respect to the provision of assistance to,
or representation of, persons attending a rail safety inquiry.
4 Protection of informants
Civil proceedings may not be brought against a person who
has supplied information to a person conducting a rail safety
inquiry in respect of any matter contained in that information
that is or is alleged to be defamatory or a breach of
confidence.
Page 80
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Rail Safety Act 2002 No 96 Schedule 4
5 Purpose of rail safety inquiries
To avoid doubt, it is not part of the purpose of a rail safety
inquiry, or the function of a person conducting a rail safety
inquiry:
(a) to provide evidence for the purposes of proceedings
against any person, or
(b) to determine the liability or otherwise of any person
with respect to any matter the subject of the rail safety
inquiry.
6 Effect of certain other Acts
If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified
office to devote the whole of his or her time to the duties
of that office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify that person from
holding that office and also being appointed to assist a person
conducting a rail safety inquiry or from accepting and
retaining any remuneration payable to the person under this
Act for doing so.
[120] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Transport Legislation Amendment (Safety and Reliability)
Act 2003 (but only to the extent that it amends this Act)
Page 81
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 4 Amendment of Rail Safety Act 2002 No 96
[121] Schedule 5
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Transport Legislation Amendment
(Safety and Reliability) Act 2003
Definitions
In this Part:
the amending Act means the Transport Legislation
Amendment (Safety and Reliability) Act 2003.
Previous acts, matters and things done by Director-General
(1) Any act, matter or thing done by or in respect of the Director-
General before the commencement of this clause in
accordance with a provision of this Act or the regulations
continues to have effect after that commencement as if the act,
matter or thing were done by or in respect of the ITSRR.
(2) The ITSRR may vary or revoke (if otherwise permitted under
this Act or the regulations) any act, matter or thing that
continues to have effect under this clause.
Applications to Administrative Decisions Tribunal
Nothing in the amending Act affects an application for a
review made to the Administrative Decisions Tribunal under
this Act before the commencement of this clause.
Inquiries and investigations
(1) An inquiry or investigation commenced under this Act by the
Director-General before the commencement of this clause is
to be completed by the ITSRR.
(2) It is the duty of the Director-General to provide the ITSRR
with any information and assistance requested by the ITSRR
for the purposes of subclause (1).
(3) The ITSRR or the Chairperson of the Board may exercise a
function under this Act relating to a rail accident or incident
that occurred before, on or after the commencement of this
clause.
Page 82
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Rail Safety Act 2002 No 96 Schedule 4
Accreditations
An application made to the Director-General for accreditation
under this Act before the commencement of this clause, and
not determined before that commencement, is taken to have
been made to the ITSRR and is to be determined by the
ITSRR.
Safety management systems
For the purposes of section 11, as amended by the amending
Act, a safety management plan provided to the Director-
General before the commencement of this clause, and
complying with that section, is taken to be a safety
management system.
Validation
(1) Clauses 5 and 6 of the Rail Safety (Drug and Alcohol Testing)
Regulation 2003 are taken to be, and to always have been,
valid.
(2) Subclause (1) does not extend to the imposition of a sentence
of imprisonment on a person under those clauses before the
date of assent to the amending Act.
Page 83
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 5 Amendment of Freedom of Information Act 1989 No 5
Schedule 5 Amendment of Freedom of Information Act
1989 No 5
(Section 3)
[1] Schedule 1 Exempt documents
Insert at the end of clause 20 (1) (f):
, or
(g) matter relating to an inquiry into a transport accident or
incident under section 46B of the Passenger Transport
Act 1990.
[2] Schedule 1, clause 20 (3)
Insert after clause 20 (2):
(3) Despite subclause (1) (g), a document containing matter
referred to in that paragraph ceases to be an exempt document
when the report into the inquiry is tabled before both Houses
of Parliament.
Page 84
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Industrial Relations Act 1996 No 17 Schedule 6
Schedule 6 Amendment of Industrial Relations Act
1996 No 17
(Section 3)
Section 210 Freedom from victimisation
Insert after section 210 (1) (ia):
(ib) reports a matter relating to the safety or reliability of
railway, bus or ferry operations to the Chief
Investigator of the Independent Transport Safety and
Reliability Regulator or an officer of the Ministry of
Transport, or
Page 85
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 7 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 7 Amendment of Law Enforcement (Powers
and Responsibilities) Act 2002 No 103
(Section 3)
[1] Schedule 2 Search warrants under other Acts
Insert in alphabetical order:
Passenger Transport Act 1990, section 46V
[2] Schedule 4 Amendment of other Acts and instrument
Insert after Schedule 4.63:
4.63APassenger Transport Act 1990
[1] Section 46V Search warrants
Omit "Part 3 of the Search Warrants Act 1985" from section
46V (3).
Insert instead "Division 4 of Part 5 of the Law Enforcement (Powers
and Responsibilities) Act 2002".
[2] Section 46V (4)
Omit "section 18 of the Search Warrants Act 1985".
Insert instead "section 71 of the Law Enforcement (Powers and
Responsibilities) Act 2002".
[3] Section 46V (5)
Omit the subsection. Insert instead:
(5) In this section:
authorised justice means an authorised officer within
the meaning of the Law Enforcement (Powers and
Responsibilities) Act 2002.
Page 86
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Amendment of Public Finance and Audit Act 1983 No 152 Schedule 8
Schedule 8 Amendment of Public Finance and Audit
Act 1983 No 152
(Section 3)
[1] Schedule 2 Statutory bodies
Insert in alphabetical order:
Independent Transport Safety and Reliability Regulator
[2] Schedule 3 Departments
Omit the matter relating to the Office of the Co-ordinator General of Rail.
Page 87
Transport Legislation Amendment (Safety and Reliability) Bill 2003
Schedule 9 Amendment of Search Warrants Act 1985 No 37
Schedule 9 Amendment of Search Warrants Act 1985
No 37
(Section 3)
Section 10 Definitions
Insert in appropriate order in the definition of search warrant in
section 10:
section 46V of the Passenger Transport Act 1990
Page 88
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