New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 3

3 Definitions

(1) In this Act:
"access purchaser" means a person who has contracted with a rail infrastructure owner in respect of the operation of rolling stock.
"Advisory Board" means the Transport Advisory Board established under Part 5.
"ARTC" means the Australian Rail Track Corporation Ltd (ACN 081 455 754).
"ARTC arrangement" means a lease, licence, agreement or other arrangement under Part 8A.
"ARTC lease or licence" means a lease or licence under Part 8A.
"bus service" includes any road transport service for the carriage of passengers (except a railway service).
"Chief Investigator" means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45.
"country rail area" means that part of the NSW rail network not within the metropolitan rail area.
"Country Rail Infrastructure Authority" (or "CRIA") means the Country Rail Infrastructure Authority constituted by this Act.
"Director-General" means the Director-General of the Department of Transport.
"ferry service" means any ferry service for the carriage of passengers.
"Independent Transport Safety Advisory Board" means the Independent Transport Safety Advisory Board established under this Act.
"Independent Transport Safety Regulator" means the Independent Transport Safety Regulator constituted under this Act.
"light rail services" -see section 104M.
"light rail system" -see section 104N.
"metropolitan rail area" -see section 3A.
"Newcastle ferry services" means ferry services provided in Newcastle Harbour.
"NSW rail access undertaking" means:

(a) if an undertaking referred to in section 99C is in force under the Trade Practices Act 1974 of the Commonwealth, that undertaking, or

(b) in any other case, an access undertaking in force under Schedule 6AA.

"NSW rail network" means the railway lines vested in or owned by or managed or controlled by a rail infrastructure owner (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned or managed or controlled).
"public transport agency" means TfNSW, RailCorp, RMS, the State Transit Authority, the Country Rail Infrastructure Authority, Sydney Ferries and their public or private subsidiary corporations.
"Public Transport Ticketing Corporation" means the Public Transport Ticketing Corporation constituted under this Act.
"rail infrastructure facilities":

(a) includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but

(b) does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner.

"rail infrastructure owner" means:

(a) in the case of any rail infrastructure facilities that are managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or

(b) in the case of any rail infrastructure facilities that are subject to an ARTC lease or licence or are installed, established or replaced by ARTC in or on land subject to an ARTC lease or licence, ARTC, or

(c) in any other case, the person in whom ownership of rail infrastructure facilities is vested by or under this Act.

"rail operator" means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track.
"RailCorp" means Rail Corporation New South Wales constituted under this Act.
"railway service" means a railway passenger service.
"Roads and Maritime Services" (or "RMS") means Roads and Maritime Services constituted under this Act.
"rolling stock" means any vehicle that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track or tracks when the vehicle is not operating on a railway track or tracks.
"State Rail Authority Residual Holding Corporation" (or "SRA Residual Holding Corporation") means the State Rail Authority Residual Holding Corporation constituted under this Act.
"State Transit Authority" means the State Transit Authority of New South Wales constituted under this Act.
"Sydney Ferries" means Sydney Ferries constituted under this Act.
"Sydney ferry services" means ferry services provided in Sydney Harbour or the Parramatta River.
"Sydney Metro" means Sydney Metro constituted under this Act.
"transport district" means a transport district for the time being established under section 108.
"Transport for NSW" (or "TfNSW") means Transport for NSW constituted under this Act.
"transport infrastructure" means infrastructure used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes:

(a) railways and railway infrastructure, and

(b) roads and road infrastructure, and

(c) maritime infrastructure and ports, and

(d) transport safety infrastructure, and

(e) systems, works, structures, buildings, plant, machinery and equipment that are associated with or incidental to transport infrastructure.

"transport legislation" means the following Acts and the regulations under those Acts:

(a) this Act,

(b) the Passenger Transport Act 1990 ,

(c) the Ports and Maritime Administration Act 1995 ,

(d) the Roads Act 1993 ,

(e) an Act that forms part of the road transport legislation as defined in the Road Transport (General) Act 2005 ,

(f) the Tow Truck Industry Act 1998 ,

(g) the marine legislation as defined in the Ports and Maritime Administration Act 1995 ,

(h) an Act that is prescribed by the regulations for the purposes of this definition.

"Transport Service" means the Transport Service of New South Wales referred to in section 68B.
"transport services" include railway services (including heavy rail, metro rail and light rail services), bus services and ferry services.
"transport system" means the transport services and transport infrastructure of the State for all modes of transport.

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes in the text of this Act do not form part of this Act.