New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 8A

SCHEDULE 8A – Sydney Metro

1 Definitions

In this Schedule:
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent and whether personal or assignable).
"rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent and whether personal or assignable).

2 Continuation of Sydney Metro

(1) The corporation constituted under section 55B immediately before the commencement of this Schedule is continued by this clause with the corporate name of Sydney Metro.

(2) The corporation continued by this clause is for all purposes (including the rules of private international law) the same legal entity as Sydney Metro constituted under section 55B immediately before the commencement of this Schedule.

(3) Sydney Metro:

(a) has the functions conferred or imposed on it by or under this or any other Act, and

(b) is a NSW Government agency.

3 Objectives and functions of Sydney Metro

(1) The objectives of Sydney Metro are as follows:

(a) to manage its assets, rights and liabilities effectively and responsibly,

(b) to minimise the risk exposure of the State arising from its activities,

(c) to achieve the efficient and timely winding up of residual business activities.

(2) Sydney Metro has the following functions:

(a) such functions as may be necessary or convenient to enable it to exercise its rights and discharge its obligations under or in connection with its assets, rights and liabilities (including the sale, lease or disposal of any of its property),

(b) any other functions conferred or imposed on it by or under this or any other Act.

(3) Sydney Metro may do any thing that is supplemental or incidental to the exercise of its functions.

4 Director-General to manage and control affairs of Sydney Metro

(1) The affairs of Sydney Metro are to be managed and controlled by the Director-General.

(2) Any act, matter or thing done in the name of, or on behalf of, Sydney Metro by the Director-General is taken to have been done by Sydney Metro.

(3) The seal of Sydney Metro is to be kept by the Director-General and affixed to a document only:

(a) in the presence of the Director-General or a member of staff of the Department of Transport or of the Transport Service authorised by the Director-General, and

(b) with an attestation by the signature of the Director-General or that member of staff of the fact of the affixing of the seal.

(4) Until its dissolution, Sydney Metro is taken to be a public transport agency for the purposes of clause 1 of Schedule 1 (General functions of TfNSW).

5 Delegation of functions of Sydney Metro

(1) Sydney Metro may delegate to an authorised person any of the functions of Sydney Metro, other than this power of delegation.

(2) A delegate may subdelegate to an authorised person any function delegated by Sydney Metro if the delegate is authorised in writing to do so by Sydney Metro.

(3) In this clause, "authorised person" means:

(a) a member of staff of the Department of Transport or of the Transport Service, or

(b) a person of a class prescribed by the regulations or approved by the Director-General.

6 Sydney Metro Fund

(1) There is to continue in the Special Deposits Account a Sydney Metro Fund.

(2) The following is to be paid into the Sydney Metro Fund:

(a) all money received by or on account of Sydney Metro,

(b) all money advanced to Sydney Metro by the Treasurer or appropriated by Parliament for the purposes of Sydney Metro,

(c) all other money required by or under this or any other Act to be paid into the Sydney Metro Fund.

(3) The following is to be paid from the Sydney Metro Fund:

(a) all payments made on account of Sydney Metro or otherwise required to meet expenditure incurred in relation to the functions of Sydney Metro,

(b) such amounts as the Treasurer considers are required to reimburse the Treasury for refunding surplus Commonwealth grants relating to metro projects,

(c) such amounts as the Treasurer considers to be surplus to the requirements of the Sydney Metro Fund pending the dissolution of Sydney Metro,

(d) all other payments required by or under this or any other Act to be paid from the Sydney Metro Fund.

7 Annual report

A report under the Annual Reports (Departments) Act 1985 in respect of the Department of Transport may include any annual report required to be made in respect of Sydney Metro under the Annual Reports (Statutory Bodies) Act 1984 .

8 Dissolution of Sydney Metro

(1) The Governor may, by proclamation published on the NSW legislation website, appoint a day on which Sydney Metro is to be dissolved.

(2) On that day, Sydney Metro and each Sydney Metro subsidiary corporation are dissolved and any assets, rights and liabilities of Sydney Metro or the subsidiary corporation become assets, rights and liabilities of the Crown.

(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of Sydney Metro and each Sydney Metro subsidiary corporation by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.

(4) Regulations of a savings and transitional nature may be made consequent on the dissolution of Sydney Metro and each Sydney Metro subsidiary corporation.