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.
"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.
"Authority" means the State Transit Authority, RailCorp or the Roads and Traffic Authority or Sydney Ferries.
"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.
"Director-General" means the Director-General of the Ministry of Transport.
"ferry service" means any ferry service for the carriage of passengers.
"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.
"light rail services" -see section 104M.
"light rail system" -see section 104N.
"metro railway" means a guided system designed to transport passengers on a railway track, together with its infrastructure and associated sidings, that:

(a) provides high-frequency commuter and other passenger services, and

(b) is operated using automated systems, that are integrated with trains, from one or more central control points, and

(c) is operated using dedicated rail infrastructure facilities that are not operationally connected with other types of rail infrastructure facilities.

"metro railway system" means:

(a) a metro railway and its rail infrastructure facilities, and

(b) stations, platforms, maintenance facilities, depots and other transport interchanges, works, structures and facilities associated with or incidental to the metro railway or rail infrastructure facilities (including commercial and retail facilities).

"metropolitan rail area" -see section 3A.
"Ministerial Holding Corporation" means the Ministerial Holding Corporation constituted by section 37B of the State Owned Corporations Act 1989 .
"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), but does not include any part of a metro railway system.
"officer", in relation to an Authority, includes an employee of the Authority.
"Public Transport Ticketing Corporation" means the Public Transport Ticketing Corporation constituted under this Act.
"Rail Infrastructure Corporation" (or "RIC") means Rail Infrastructure 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 Transport Infrastructure Development Corporation for the purposes of exercising its functions under this Act, Transport Infrastructure Development Corporation, 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

(b1) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Metro for the purposes of exercising its functions under this Act, Sydney Metro, 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 Traffic Advisory Council" means the Roads and Traffic Advisory Council constituted under this Act.
"Roads and Traffic Authority" means the Roads and Traffic Authority of New South Wales 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 Administration Corporation" means the Transport Administration Corporation constituted under this Act.
"Transport Advisory Group" means the Transport Advisory Group constituted under this Act.
"transport district" means a transport district for the time being established under section 108.
"Transport Infrastructure Development Corporation" (or "TIDC") means Transport Infrastructure Development Corporation constituted under this Act.

(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.

(4) Words and expressions used in this Act have the same meanings as they have in the State Owned Corporations Act 1989 .