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(Railway Services Authority
Corporatisation) Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Under the amendments to the Transport Administration Act 1988 made by
the Bill, the Authority will become a statutory State owned corporation under
the State Owned Corporations Act 1989 with the corporate name of Rail
Services Australia.
Rail Access Corporation and Freight Rail Corporation constituted under the
Transport Administration Act 1988 are also statutory State owned
corporations.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Transport Administration Act 1988 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the consequential
amendments of other Acts set out in Schedule 2.
Schedule 1
Amendment of Transport Administration Act
1988
Schedule 1 [8] inserts Division 3A into Part 2A of the Principal Act. The
new Division establishes Rail Services Australia as a statutory State owned
corporation and amends the State Owned Corporations Act 1989 accordingly.
The new Division also sets out the objectives and functions of Rail Services
Australia. They are similar to the Railway Services Authority except that the
principal objectives and functions of Rail Services Australia relate to the
supply of goods and services to the rail industry generally (instead of the rail
industry in New South Wales). In addition, the new Division makes it clear
that Rail Services Australia may also supply goods and services to other
industries (including for the purpose of the management or maintenance of
any kind of infrastructure).
Schedule 1 [1][7] and [9][23] make consequential amendments. In
particular, the amendments apply the special provisions of the Principal Act
relating to the other Rail Corporations (that is, Rail Access Corporation and
Freight Rail Corporation) to Rail Services Australia, including special
provisions relating to:
(a) restrictions on the sale of shares (section 19L of the Principal Act), and
(b)
the appointment and removal of the board of directors (section 1 9 0 of
the Principal Act), and
(c)
the appointment and other provisions relating to the chief executive
officer (section 19R of the Principal Act), and
(d)
the payment of dividends (section 19T of the Principal Act).
Explanatory note page 2
Schedule 1 [24] inserts provisions consequent on the enactment of the
proposed Act, including:
(a)
the dissolution of the Railway Services Authority, and
(b)
the transfer, by Ministerial order, of the assets, rights and liabilities of
the Authority to Rail Services Australia, and
(c)
the automatic transfer of all staff of the Authority (other than the Chief
Executive) to the service of Rail Services Australia on existing terms
and conditions of employment, and
(d)
the preservation of pending staff appeals to a Transport Appeal Board.
Schedule 2
Consequential amendment of other Acts
The Schedule amends the following Acts consequentially:
Attachment of Wages Limitation Act 1957
Clean Air Act 1961
Clean Waters Act 1970
Electricity Supply Act 1995
First State Superannuation Act 1992
Public Authorities (Financial Arrangements) Act 1987
Public Finance and Audit Act 1983
Public Sector Executives Superannuation Act 1989
Public Sector Management Act 1988
Rail Safety Act 1993
State Authorities Non-contributory Superannuation Act 1987
State Authorities Superannuation Act 1987
Superannuation Act 1916
Transport Appeal Boards Act 1980
Explanatory note page 3