TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 9
TRANSPORT ADMINISTRATION ACT 1988 - SCHEDULE 9
SCHEDULE 9 – Residual Transport Corporation
Part 1 - Constitution and functions of Residual Transport Corporation
1 Constitution of Residual Transport Corporation
(1) There is constituted by this Act a corporation with the corporate name of Residual Transport Corporation of New South Wales.
(2) RTC--(a) has the functions conferred or imposed on it by or under this or any other Act, and(b) is, for the purposes of any Act, a statutory body representing the Crown.
2 Definition
In this Schedule--
"liabilities" means any liabilities, debts or obligations (whether present or
future and whether vested or contingent and whether personal or assignable).
3 Objectives of Corporation
The objectives of RTC 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.
4 Functions of Residual Transport Corporation
(1) RTC has the following functions--(a) to hold, manage, operate and maintain transport assets vested in or owned by it, or to be vested in or owned by it,(b) to conduct any business (whether or not related to any of its other functions) that it considers will further its objectives,(c) any other functions conferred or imposed on it by or under this or any other Act.
(2) RTC may do any thing that is supplemental or incidental to the exercise of its functions.
(3) RTC may exercise its functions within or outside New South Wales.
5 Disposal of property
RTC may sell, lease or otherwise dispose of any or all of its property.
Part 2 - Management of Residual Transport Corporation
6 Management and control of affairs of Residual Transport Corporation
(1) The affairs of RTC are to be managed and controlled by the Transport Secretary or such other person as may be appointed by the Minister (the
"RTC manager" ).
(2) Any act, matter or thing done in the name of, or on behalf of, RTC by the RTC manager is taken to have been done by RTC.
(3) The seal of RTC is to be kept by the RTC manager and affixed to a document only--(a) in the presence of the RTC manager or a member of staff of RTC authorised by the RTC manager, and(b) with an attestation by the signature of the RTC manager or that member of staff of the fact of the affixing of the seal.
7 Delegation of functions of Residual Transport Corporation
(1) RTC may delegate to any person any of the functions of RTC, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by RTC if the delegate is authorised in writing to do so by RTC.
(3) In this clause,
"authorised person" means--(a) a member of staff of RTC, or(b) a person of a class prescribed by the regulations or approved by the Transport Secretary.
8 Staff of Residual Transport Corporation
(1) RTC may arrange for the use of the services of any staff or facilities of any government department or public authority, including the staff or facilities of TfNSW or the Transport Service.
(2) A person whose services are made use of by RTC under subclause (1) is taken to be a member of staff of RTC.
(3) Without limiting subclause (1), RTC may appoint any such person to a position with RTC that is designated by RTC and may remove the person from that designated position at any time.
Part 3 - Miscellaneous
9 Residual Transport Corporation Fund
(1) Establishment of Fund There is established in the Special Deposits Account a fund called the Residual Transport Corporation Fund.
(2) Payments into Residual Transport Corporation Fund There is to be paid into the Residual Transport Corporation Fund--(a) all money received by or on account of RTC, and(b) all money advanced to RTC by the Treasurer, and(c) all money--(i) appropriated by Parliament for the purposes of TfNSW and allocated to RTC by TfNSW, or(ii) otherwise appropriated by Parliament for the purposes of RTC, and(d) the proceeds of the investment of money in the Fund, and(e) all other money required by or under this or any other Act to be paid into the Fund.
(3) Payments from Residual Transport Corporation Fund There is to be paid from the Residual Transport Corporation Fund--(a) all payments made on account of RTC or otherwise required to meet expenditure incurred in relation to the functions of RTC, and(b) all other payments required by or under this or any other Act to be paid from the Fund.
10 Financial duties generally
Sections 81 and 82 apply to RTC.
11 Extension of references to RailCorp
The regulations may provide that a reference in any Act (other than this Act) or instrument, or in any other document, to RailCorp is to be read as a reference to RTC.