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TRANSPORT ADMINISTRATION ACT 1988 - As at 21 November 2023 - Act 109 of 1988

- As at 21 November 2023 - Act 109 of 1988

Table of Provisions

PART 1 - PRELIMINARY

PART 1A - TRANSPORT FOR NSW

  • 3C Constitution and management of TfNSW
  • 3D Objectives of TfNSW
  • 3E Functions of TfNSW
  • 3F Corporate plan for TfNSW
  • 3G Directions by TfNSW to public transport agencies
  • 3H Review by relevant safety regulator of directions relating to transport safety matters
  • 3I Delegation of TfNSW's functions
  • 3J Acceptance of delegated functions by TfNSW
  • 3K Disclosure of information by agencies to TfNSW
  • 3L Annual reporting information

PART 2 - TRANSPORT ASSET HOLDING ENTITY

Division 1 - Constitution and management of Transport Asset Holding Entity

  • 4 Establishment of Transport Asset Holding Entity
  • 5 Foundation charter of TAHE
  • 6 Board of directors
  • 7 Chief executive officer
  • 8 Acting chief executive officer
  • 9 Application of SOC Act

Division 2 - Objectives and functions of Transport Asset Holding Entity

  • 10 Objectives of TAHE
  • 11 Functions of TAHE
  • 12 Acquisition of land by TAHE

Division 3 - Operating licences

  • 13 Grant of operating licences
  • 14 Terms and conditions of operating licence
  • 15 Amendment of operating licence
  • 16 Term of operating licence
  • 17 Contravention of operating licence
  • 18 Cancellation of operating licence
  • PARTS 2A, 2B - (Repealed) None

PART 3 - STATE TRANSIT AUTHORITY

Division 1 - Constitution of State Transit Authority

Division 1A - Objectives of State Transit Authority

  • 20A Objectives of STA

Division 2 - General functions of State Transit Authority

Division 3 - Management of State Transit Authority

25, 26. (Repealed)
  • 27 Chief Executive of STA
  • 28 Chief Executive to manage STA
  • 29. (Repealed)
  • 30 STA to supply information to Minister
  • 31 Corporate plans
  • 32-34. (Repealed)
  • 35 Delegation of functions of STA

PART 3A - SYDNEY FERRIES

Division 1 - Constitution of Sydney Ferries

Division 2 - Objectives of Sydney Ferries

Division 3 - Functions of Sydney Ferries

Division 4 - Management of Sydney Ferries

35H, 35I. (Repealed)

Division 5 - (Repealed)

None

PART 3B - SYDNEY TRAINS

Division 1 - Constitution of Sydney Trains

Division 2 - Objectives of Sydney Trains

Division 3 - Functions of Sydney Trains

Division 4 - Management of Sydney Trains

PART 3C - NSW TRAINS

Division 1 - Constitution of NSW Trains

Division 2 - Objectives of NSW Trains

Division 3 - Functions of NSW Trains

Division 4 - Management of NSW Trains

PART 3D - SYDNEY METRO

Division 1 - Constitution of Sydney Metro

Division 2 - Objectives of Sydney Metro

Division 3 - Functions of Sydney Metro

Division 4 - Management of Sydney Metro

Division 5 - General

  • 38J Appointment of advisory committees
  • 38K Sydney Metro to supply information to Minister
  • 38L Corporate plans
  • 38M Delegation of functions of Sydney Metro
  • 38N Roads authority consent not required for certain work by Sydney Metro
  • PARTS 4, 4A - (Repealed) None

PART 5 - TRANSPORT ADVISORY BOARD

PART 5A - CHIEF INVESTIGATOR OF THE OFFICE OF TRANSPORT SAFETY INVESTIGATIONS

PART 6 - (Renumbered)

None

PART 6A - (Repealed)

None

PART 6B - SUBSIDIARY CORPORATIONS, JOINT VENTURES ETC

  • 55A Definition of "transport authority"
  • 55B Exercise of functions through subsidiary corporations, joint ventures etc
  • 55C Public subsidiary corporations
  • 55D Private subsidiary corporations etc
  • 55E-55S. (Repealed)

PART 7 - PROVISIONS RELATING TO STAFF

Divisions 1, 1A - (Repealed)

None

Division 2 - Staff of Chief Investigator

  • 59 Employment of staff
  • 59A-59C. (Repealed)
  • 60 Salary, wages and conditions of staff
  • 61 Regulations relating to staff of Chief Investigator

Division 2A - (Repealed)

None

Division 3 - Staff of Sydney Ferries

  • 62 Employment of staff
  • 63 Salary, conditions etc of staff
  • 64 Regulations relating to Sydney Ferries staff

Division 3A - Staff of Sydney Trains

Division 3B - Staff of NSW Trains

  • 64D Employment of staff
  • 64E Salary, conditions etc of staff
  • 64F Regulations relating to NSW Trains staff

Division 4 - Transfer of staff

  • 65 Definitions
  • 66 Orders providing for transfer of staff of transport authorities
  • 67 Preservation of remuneration and other conditions of employment on transfer
  • 68 Preservation of leave and other entitlements for previous service
  • 68A No payment out on transfer or dual benefits

PART 7A - THE TRANSPORT SERVICE

  • 68B The Transport Service
  • 68C Employment in the Transport Service
  • 68D Transport Service senior executives, senior managers and non-executive employees
  • 68E Kinds of employment in the Transport Service
  • 68F Senior executives--employment in bands and assignment to roles
  • 68G Senior executives--government sector employment rules
  • 68H Senior executives--contract of employment
  • 68HA. (Repealed)
  • 68I Senior executives--remuneration, benefits and allowances
  • 68J Senior managers--remuneration level and conditions of employment
  • 68K Non-executive employees--conditions of employment
  • 68L Senior managers and non-executive employees--assignment to different roles within Transport Service
  • 68M Acting in senior executive or senior manager roles
  • 68N Senior executives and managers--termination of employment
  • 68O Senior executives and managers--industrial or legal proceedings excluded
  • 68P Regulations relating to employees in the Transport Service
  • 68Q Miscellaneous provisions relating to the Transport Service

PART 8 - FINANCIAL PROVISIONS

Divisions 1, 1A - (Repealed)

None

Division 2 - Financial provisions relating to State Transit Authority

Division 3 - Transport for NSW

  • 77 TfNSW Fund
  • 78 Payments into TfNSW Fund
  • 79 Payments from TfNSW Fund
  • 80 Expenditure on certain State works
  • 80A Payments of subsidies to councils for traffic route lighting
  • 80B TfNSW to make available money for subsidies
  • 80C Payments of subsidies to electricity distributors for removal or relocation of electricity structures

Division 3A - Financial provisions relating to Sydney Ferries

Division 3AA - Financial provisions relating to Sydney Trains

Division 3AB - Financial provisions relating to NSW Trains

Division 3AC - Financial provisions relating to Sydney Metro

Division 3B - Community Road Safety Fund

  • 80G Community Road Safety Fund
  • 80H Payments into Community Road Safety Fund
  • 80I Payments from Community Road Safety Fund
  • 80J Meaning of "road safety functions" of TfNSW

Division 4 - Financial provisions relating to Authorities generally

  • 81A Definition
  • 81 Financial duties of the Authorities
  • 82 Financial year
  • 83. (Repealed)

Division 5 - Charges for services of Sydney Ferries, Sydney Metro, Sydney Trains, NSW Trains and State Transit Authority

  • 84 Definitions
  • 85 Orders fixing charges
  • 86 Ministerial supervision of orders fixing charges
  • 87 General provisions relating to orders fixing charges
  • 88 Free or subsidised railway, bus or ferry travel

PART 8A - ARTC ARRANGEMENTS

Division 1 - Preliminary

Division 2 - Arrangements between rail authorities and ARTC

Division 3 - Rail services, access and infrastructure obligations

Division 4 - Prohibition on vertical integration

  • 88S Restrictions on vertical integration of rail operations
  • 88T Injunctions

Division 5 - Staffing arrangements

Division 6 - State taxes

  • 88ZC Exemption from State taxes
  • 88ZD Rail authorities and ARTC not grouped for payroll tax purposes

Division 7 - Effect of Part

  • 88ZE Effect of Part
  • 88ZF Protection of contractual and other obligations
  • 88ZG Compensation not payable

PART 9 - MISCELLANEOUS

Division 1 - Definitions

Division 1A - Miscellaneous provisions relating to rail authorities

  • 90 State rail operators not common carriers
  • 91 Regulations relating to railway and other transport services
  • 92 Limitation of compensation in respect of damage to property by fire
  • 93 Search of vehicles and luggage on certain railway premises
  • 94 Transfers of assets, rights and liabilities
  • 95. (Repealed)
  • 96 Person may be chief executive of more than one authority

Division 1B - Miscellaneous provisions relating to rail infrastructure, rail access and network control

Division 1C - (Repealed)

None

Division 2 - Miscellaneous provisions relating to State Transit Authority

  • 100 Sale, lease or other disposal of land
  • 101 Acquisition of land
  • 102 STA not a common carrier
  • 103 Inquiries into bus or ferry accidents
  • 104 Regulations relating to bus and ferry services

Division 2A - Special provisions relating to light rail

104A-104K. (Repealed)

Division 3 - Miscellaneous provisions relating to TfNSW

  • 105 Power to accept gifts, bequests or devises of property
  • 105A Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator
  • 106 Grants to councils in connection with use of buses
  • 106A Grants to charitable organisations

Division 3A - Miscellaneous provisions relating to Sydney Ferries

Division 4 - Miscellaneous provisions relating to transport authorities

  • 107 Definition of "transport authority"
  • 108 Transport districts
  • 109 Seals of Authorities
  • 110 Miscellaneous provisions relating to contracts of transport authority
  • 111 Referral of disputes
  • 112 Personal liability of certain persons
  • 113 Presumption of validity
  • 114. (Repealed)
  • 115 Recovery of charges etc by transport authority
  • 116 Liability of vehicle owner for parking offences on Authority's land
  • 117 Penalty notices for certain offences
  • 118 Proceedings for offences
  • 119 Regulations
  • 120 Savings, transitional and other provisions

Division 5 - Miscellaneous provisions relating to common law damages for public transport accidents

  • 121 Application of common law damages for motor accidents to railway and other public transport accidents

Division 6 - Special provisions for Parramatta Rail Link

  • 122 Definitions
  • 123 EPA Act not affected
  • 124 Acquisition of national park and other park land
  • 125 Application of Public Works Act to the Parramatta Rail Link
  • 126 Sections 109ZJ [#38] 109ZK EPA Act not to apply
  • 127 Order of approval under Heritage Act

Division 7 - (Repealed)

None

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