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Queensland
Transport Operations
(TransLink Transit Authority)
Bill 2008
Queensland
Transport Operations (TransLink Transit
Authority) Bill 2008
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purposes of Act and their achievement . . . . . . . . . . . . . . . . . . . . 8
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Relationship with Transport Operations (Passenger Transport)
Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 What is the TransLink area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 What is a mass transit network . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Establishment and status of TransLink
9 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 TransLink represents the State. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 TransLink declared to be excluded matter for Corporations Act . . 11
13 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Functions and powers of TransLink
Division 1 Functions
14 Main function and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Powers
15 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Work performance arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Powers subject to Ministerial directions . . . . . . . . . . . . . . . . . . . . 16
Transport Operations (TransLink Transit Authority) Bill 2008
Contents
Part 4 TransLink's board
Division 1 Board membership
19 The members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
22 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 18
24 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Delegation by local government member . . . . . . . . . . . . . . . . . . . 18
Division 2 Meetings and other business of board
26 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Miscellaneous provision
33 Protection of members from civil liability . . . . . . . . . . . . . . . . . . . 20
Part 5 Staffing
Division 1 Chief executive officer of TransLink
34 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 2 Employing office
36 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
38 Employing office may employ staff . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 6 Directions, reporting and information
39 Ministerial directions or guidelines to TransLink . . . . . . . . . . . . . . 23
40 Infrastructure project reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 TransLink network plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Fare strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
44 System performance reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
45 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
46 Provisions for making plan or recommendation to Minister . . . . . 25
Page 2
Transport Operations (TransLink Transit Authority) Bill 2008
Contents
Part 7 Special events
47 Declaration of special event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
48 Coordination power for mass transit services to special events . . 27
49 TransLink approval required for special event services . . . . . . . . 27
50 Special event approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 8 Miscellaneous provisions
51 Request for information from prospective appointees . . . . . . . . . 28
52 Criminal history report about appointee or prospective
appointee ..................................... 29
53 Disclosure of disqualification by appointees. . . . . . . . . . . . . . . . . 30
54 Disclosure of conflicts of interest by appointees. . . . . . . . . . . . . . 30
55 Delegations by TransLink . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 9 Transitional provisions
57 Deferral of application of s 49 for particular contracts and
arrangements for special event services . . . . . . . . . . . . . . . . . . . 31
58 Novation of particular State contracts to TransLink . . . . . . . . . . . 32
59 Existing service contracts not affected . . . . . . . . . . . . . . . . . . . . . 34
60 Transfer of particular State assets and liabilities to TransLink . . . 34
61 Registration of transferred assets. . . . . . . . . . . . . . . . . . . . . . . . . 34
62 References to former body known as Translink . . . . . . . . . . . . . . 35
63 Existing industrial instruments that bind employing office . . . . . . 35
Part 10 Amendment of Public Service Act 1996
64 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Amendment of sch 1 (Public service offices and their heads) . . . 35
Part 11 Amendment of Transport Infrastructure Act 1994
66 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
67 Amendment of s 6 (Contents of transport infrastructure
strategies) ..................................... 36
68 Amendment of s 20 (Transport GOCs). . . . . . . . . . . . . . . . . . . . . 36
Part 12 Amendment of Transport Operations (Passenger Transport)
Act 1994
69 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
70 Insertion of new ch 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Chapter 5A Essential public transport infrastructure
36A Declaration of essential public transport infrastructure 37
Page 3
Transport Operations (TransLink Transit Authority) Bill 2008
Contents
36B Chief executive's power to give direction about use
of essential public transport infrastructure . . . . . . . . . 37
36C Persons bound by essential infrastructure direction . . 39
36D Failure to comply with essential infrastructure
direction .............................. 39
36E Record of essential infrastructure direction in land
registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
36F Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
36G Chief executive's power to decide matters about rail
safety unaffected . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Amendment of s 39 (Scope of service contracts). . . . . . . . . . . . . 41
72 Amendment of s 42 (Declaration that service contracts are
required) ........................................ 41
73 Insertion of new of s 42B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
42B Amendment of service contract area or route . . . . . . 42
74 Amendment of s 43 (Obligation to hold service contracts) . . . . . . 43
75 Amendment of s 46 (Review of holder's performance). . . . . . . . . 43
76 Omission of s 54 (Special condition for service contracts for
restricted school services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
77 Amendment of ch 6, pt 2, div 2 hdg (General provisions for
service contracts for scheduled passenger services). . . . . . . . . . 44
78 Amendment of s 54A (Application of div 2) . . . . . . . . . . . . . . . . . 44
79 Amendment of s 55 (Entering into a service contract for a
scheduled passenger service--no existing operators). . . . . . . . . 44
80 Amendment of s 56 (Entitlement of existing operators) . . . . . . . . 45
81 Amendment of s 57 (Entering into a service contract for a
scheduled passenger service) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
82 Amendment of s 59 (Matters to be considered) . . . . . . . . . . . . . . 45
83 Replacement of s 60 (Amendments of service contracts) . . . . . . 45
60 Service contract for amended service contract area
or route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
84 Amendment of s 61 (Compensation) . . . . . . . . . . . . . . . . . . . . . . 46
85 Amendment of s 62 (Offer of new service contract) . . . . . . . . . . . 47
86 Amendment of ch 6, pt 2, div 2AA hdg (Translink service
contracts) ...................................... 47
87 Omission of s 62AAA (Purpose of div 2AA) . . . . . . . . . . . . . . . . . 47
88 Amendment of s 62AAC (What is a Translink service contract) . . 47
89 Insertion of new s 62AACA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
62AACA Entering into a TransLink service contract . . . . . . . . . 48
Page 4
Transport Operations (TransLink Transit Authority) Bill 2008
Contents
90 Amendment of s 62AAD (Offer of new Translink service
contract) ..................................... 49
91 Amendment of s 62AAE (Matters to be considered generally
when considering offers for Translink service contracts) . . . . . . . 50
92 Amendment of s 62AAF (Unsatisfactory performance of
Translink service contract holder). . . . . . . . . . . . . . . . . . . . . . . . . 50
93 Replacement of s 62AAG (New service contract area or route in
the Translink area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
62AAG Service contract for amended service contract area
or route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
94 Amendment of s 62AAH (Compensation) . . . . . . . . . . . . . . . . . . 52
95 Amendment of s 62AAI (What happens when Translink service
contract is surrendered, cancelled or terminated) . . . . . . . . . . . . 53
96 Omission of s 62AB (Entitlement of an existing operator
providing substantially the same service under a transitional
provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
97 Amendment of s 62AD (First opportunity to offer may be given
to existing operator of school services under a service contract
or transitional provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
98 Amendment of s 62AE (When public offer must be invited, and
when offers may be invited in another way) . . . . . . . . . . . . . . . . . 53
99 Amendment of s 62AF (Prohibition on making offers to allow first
opportunity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
100 Omission of ch 13, pt 1A, div 2 (Translink service contracts) . . . . 54
101 Insertion of new ch 13, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 5 Provision for Transport Operations (TransLink
Transit Authority) Act 2008
180 Existing declarations under s 42(2) for a scheduled
passenger service . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
102 Amendment of sch 2 (Reviewable decisions). . . . . . . . . . . . . . . . 55
103 Omission of sch 2A (Particular service contracts in SEQ area) . . 55
104 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 13 Amendment of Transport Operations (Road Use
Management) Act 1995
105 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
106 Amendment of s 8 (Contents of strategies) . . . . . . . . . . . . . . . . . 57
Part 14 Amendment of Transport Planning and Coordination Act
1994
107 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
108 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Page 5
Transport Operations (TransLink Transit Authority) Bill 2008
Contents
109 Amendment of s 6 (Transport coordination plan to be consistent
with overall strategic planning for government etc.) . . . . . . . . . . . 58
110 Amendment of s 8C (Impact of road works on local government
road) ............................................ 58
111 Omission of pt 3 (The South-East Queensland Transit Authority) 58
112 Insertion of new s 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
22 Chief executive's coordination and strategic planning
functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
113 Amendment of s 37 (Delegation by the Minister or the chief
executive) ........................................ 59
Schedule 1 Service contract areas or routes for the TransLink area . . . . 60
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Page 6
2008
A Bill
for
An Act for the management of mass transit services in south
east Queensland, and to amend the Public Service Act 1996,
the Transport Infrastructure Act 1994, the Transport Operations
(Passenger Transport) Act 1994, the Transport Operations
(Road Use Management) Act 1995 and the Transport Planning
and Coordination Act 1994 for particular purposes
Transport Operations (TransLink Transit Authority) Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Transport Operations (TransLink 5
Transit Authority) Act 2008. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
3 Purposes of Act and their achievement 9
(1) The main purpose of this Act is to deliver in the TransLink 10
area the best possible mass transit services at reasonable cost 11
to the community and government, while keeping government 12
regulation to a minimum. 13
(2) Other purposes of this Act are, consistently with the 14
objectives of the Transport Planning and Coordination Act 15
1994, to do the following in relation to the TransLink area-- 16
(a) enable the effective operational planning and efficient 17
management of mass transit services in a way that-- 18
(i) is responsive to community needs; and 19
(ii) offers an attractive alternative to private transport 20
and reduces the overall environmental, economic 21
and social costs of passenger transport; and 22
(iii) addresses the challenges of future growth; and 23
(iv) provides a high level of accountability; and 24
Page 8
Transport Operations (TransLink Transit Authority) Bill 2008
Part 1 Preliminary
[s 4]
(v) is at a reasonable cost to the community and 1
government; 2
(b) provide a reasonable level of community access and 3
mobility in support of the government's social justice 4
objectives; 5
(c) provide a framework for coordinating the provision of 6
the services under service contracts or other contracts to 7
form a comprehensive, integrated and efficient mass 8
transit network; 9
(d) help the government achieve its congestion management 10
priorities relating to transport. 11
(3) To achieve the purposes, this Act establishes the TransLink 12
Transit Authority to manage mass transit services in the 13
TransLink area. 14
4 Act binds all persons 15
(1) This Act binds all persons including the State and, to the 16
extent the legislative power of the Parliament permits, the 17
Commonwealth and the other States. 18
(2) Nothing in this Act makes the State liable to be prosecuted for 19
an offence. 20
5 Relationship with Transport Operations (Passenger 21
Transport) Act 1994 22
This Act does not affect-- 23
(a) the functions or powers under TOPTA of the TOPTA 24
chief executive; or 25
(b) the rights or obligations under TOPTA of drivers and 26
operators and of passengers using public passenger 27
services. 28
Page 9
Transport Operations (TransLink Transit Authority) Bill 2008
Part 1 Preliminary
[s 6]
Division 2 Interpretation 1
6 Definitions 2
The dictionary in schedule 2 defines particular words used in 3
this Act. 4
7 What is the TransLink area 5
(1) The TransLink area is-- 6
(a) the service contract areas or routes mentioned in 7
schedule 1; and 8
(b) another service contract area or route in the SEQ area, as 9
prescribed under a regulation. 10
(2) In this section-- 11
SEQ area means the combined local government areas of the 12
following local governments under the Local Government Act 13
1993 as that Act was in force immediately before 15 March 14
2008-- 15
(a) the cities of Brisbane, Caloundra, Gold Coast, Ipswich, 16
Logan, Redcliffe and Toowoomba; 17
(b) the shires of Beaudesert, Boonah, Caboolture, Esk, 18
Gatton, Kilcoy, Laidley, Maroochy, Noosa, Pine Rivers 19
and Redland. 20
service contract area or route see TOPTA, schedule 3.'. 21
Editor's note-- 22
Indicative maps of the TransLink area are on TransLink's website. 23
Transport Operations (TransLink Transit Authority) Bill 2008
Part 2 Establishment and status of TransLink
[s 9]
fares and customer information facilities and bus stops and 1
stations. 2
Part 2 Establishment and status of 3
TransLink 4
9 Establishment 5
The TransLink Transit Authority is established. 6
10 Legal status 7
TransLink-- 8
(a) is a body corporate, consisting of the board of members 9
provided for under part 4; and 10
(b) has perpetual succession; and 11
(c) may sue and be sued in its corporate name. 12
11 TransLink represents the State 13
(1) TransLink represents the State. 14
(2) Without limiting subsection (1), TransLink has the status, 15
privileges and immunities of the State. 16
12 TransLink declared to be excluded matter for 17
Corporations Act 18
TransLink is declared to be an excluded matter for the 19
Corporations Act, section 5F in relation to the whole of the 20
Corporations legislation. 21
Editor's note-- 22
Corporations Act, section 5F (Corporations legislation does not apply to 23
matters declared by State or Territory law to be an excluded matter) 24
Page 11
Transport Operations (TransLink Transit Authority) Bill 2008
Part 3 Functions and powers of TransLink
[s 13]
13 Application of other Acts 1
(1) TransLink is-- 2
(a) a statutory body under the Financial Administration and 3
Audit Act 1977; and 4
(b) a statutory body under the Statutory Bodies Financial 5
Arrangements Act 1982 (the SBFA). 6
(2) The SBFA, part 2B sets out the way in which TransLink's 7
powers under this Act are affected by that Act. 8
Part 3 Functions and powers of 9
TransLink 10
Division 1 Functions 11
14 Main function and its achievement 12
(1) TransLink's main function is to give effect to the purposes of 13
this Act. 14
(2) The main function is performed primarily by TransLink doing 15
the following in relation to mass transit services for the 16
TransLink area-- 17
(a) operational planning for a mass transit network; 18
(b) planning, purchasing and delivering the services, 19
including, for example, by coordinating the scheduling 20
of modes of mass transit services; 21
(c) managing and maintaining infrastructure for the 22
services, including, for example, bus stops and on-road 23
bus facilities; 24
(d) delivering and managing infrastructure that is critical for 25
the services; 26
(e) improving and expanding the range of the services; 27
Page 12
Transport Operations (TransLink Transit Authority) Bill 2008
Part 3 Functions and powers of TransLink
[s 14]
(f) establishing a single point of contact for customer 1
service issues, including, for example, the provision of 2
service information and complaints handling; 3
(g) managing the introduction of new technology to 4
improve the services; 5
Example-- 6
real time passenger information and the widespread use of new 7
ticketing technology 8
(h) improving the governance of the services, with local 9
government, consumer and independent expert 10
representations; 11
(i) managing service contracts and other contracts to-- 12
(i) ensure value for taxpayers through 13
performance-based incentives that promote 14
integration, on-time running and customer service; 15
and 16
(ii) minimise fare evasion; 17
(j) managing integrated ticketing, including, for example, 18
by developing fare products; 19
(k) providing information to passengers; 20
(l) carrying out commercial activities related to the services 21
to obtain revenue for the performance of its other 22
functions; 23
Examples of commercial activities that TransLink may carry out-- 24
· the sale of advertising rights on TransLink facilities 25
· commercial arrangements for the application of new 26
ticketing technology 27
(m) making recommendations to the Minister about fare 28
strategies and service levels; 29
(n) giving information to help the development of plans and 30
strategies under other Acts relating to transport; 31
(o) implementing government policies for, or in association 32
with, other governmental agencies. 33
Page 13
Transport Operations (TransLink Transit Authority) Bill 2008
Part 3 Functions and powers of TransLink
[s 15]
(3) It is Parliament's expectation that once the single point of 1
contact for customer service issues has been established, an 2
operator of any relevant mass transit service will not establish 3
or continue any similar point of contact for the service without 4
TransLink's agreement. 5
(4) In this section-- 6
commercial activities include-- 7
(a) commercial activities that are not within the ordinary 8
functions of the State; and 9
(b) commercial activities of a competitive nature. 10
relevant mass transit service means a mass transit service 11
provided under an agreement entered into by TransLink in its 12
own right or as a delegate. 13
Division 2 Powers 14
15 General powers 15
(1) TransLink has the powers-- 16
(a) necessary or convenient to perform its functions; or 17
(b) incidental to the performance of its functions; or 18
(c) to help to achieve the purposes of this Act. 19
(2) Without limiting subsection (1), TransLink may do all or any 20
of the following-- 21
(a) acquire, hold, dispose of, and deal with, property; 22
(b) appoint agents and attorneys; 23
(c) engage consultants; 24
(d) subject to sections 16 and 17(5), enter into contracts, 25
joint ventures and commercial arrangements; 26
(e) do anything necessary or convenient to be done in the 27
performance of its functions under an Act. 28
Page 14
Transport Operations (TransLink Transit Authority) Bill 2008
Part 3 Functions and powers of TransLink
[s 16]
(3) In performing its functions, TransLink may act alone or in 1
conjunction with public sector units, local governments, 2
agencies or instrumentalities of the Commonwealth and other 3
entities. 4
(4) TransLink also has the powers conferred on it under another 5
provision of this Act or under another Act. 6
16 Service contracts 7
(1) TransLink does not have the power, in its own right, to enter 8
into a contract that is, or is in the nature of, a service contract. 9
(2) To remove any doubt, it is declared that subsection (1) does 10
not prevent TransLink from entering into service contracts or 11
performing functions or exercising powers relating to service 12
contracts as the delegate of the TOPTA chief executive. 13
17 Work performance arrangements 14
(1) TransLink may enter into, and give effect to, a work 15
performance arrangement (a relevant arrangement) with-- 16
(a) the employing office; or 17
(b) the appropriate authority of another government entity. 18
(2) A relevant arrangement may make provision for all matters 19
necessary or convenient to be provided under the 20
arrangement. 21
(3) For example, a relevant arrangement may provide for-- 22
(a) the appointment of a person to an office, and the holding 23
of the office by the person, for the arrangement; and 24
(b) the authorising of a person to exercise powers for the 25
arrangement; and 26
(c) whether payment is to be made for work done under the 27
arrangement and, if so, what payment is to be made and 28
who is to make the payment. 29
(4) A person performing work for TransLink under a relevant 30
arrangement-- 31
Page 15
Transport Operations (TransLink Transit Authority) Bill 2008
Part 4 TransLink's board
[s 18]
(a) is not employed by TransLink; and 1
(b) remains an employee of the State or government entity 2
whose appropriate authority is a party to the 3
arrangement. 4
(5) To remove any doubt, it is declared that TransLink does not 5
have power to employ a person performing work for 6
TransLink under a relevant arrangement. 7
18 Powers subject to Ministerial directions 8
The exercise of any of TransLink's powers is subject to 9
Ministerial directions. 10
Part 4 TransLink's board 11
Division 1 Board membership 12
19 The members 13
The board consists of 7 persons (each a member) made up 14
of-- 15
(a) a chairperson (an appointed member); and 16
(b) the TOPTA chief executive; and 17
(c) 1 person (also an appointed member) who is the chief 18
executive officer of a local government-- 19
(i) whose area includes any of the TransLink area; and 20
(ii) that substantially funds passenger transport 21
services in the part of its area that is in the 22
TransLink area; and 23
(d) 4 other persons (each also an appointed member). 24
Page 16
Transport Operations (TransLink Transit Authority) Bill 2008
Part 4 TransLink's board
[s 20]
20 Appointed members 1
(1) Appointed members are to be appointed by the Governor in 2
Council. 3
(2) An appointed member may be appointed on a full-time or 4
part-time basis. 5
(3) Appointed members are appointed under this Act and not the 6
Public Service Act 1996. 7
21 Eligibility for appointment 8
A person may be appointed as an appointed member only if 9
the person is not a disqualified person and the person-- 10
(a) has extensive knowledge of and experience in 1 or more 11
of the following-- 12
(i) the representation of the interests of customers of 13
public transport services; 14
(ii) the representation of the interests of employees in 15
the public transport sector; 16
(iii) transport coordination and operational planning; 17
(iv) public transport network planning; 18
(v) law, economics or accounting; 19
(vi) social policy; 20
(vii) customer relations; 21
(viii) commercial and marketing development; or 22
(b) has other knowledge and experience the Minister 23
considers appropriate. 24
22 Duration of appointment 25
(1) Subject to section 23, an appointed member holds office for 26
the term stated in the member's instrument of appointment. 27
(2) The term stated in the instrument of appointment must not be 28
longer than 5 years. 29
Page 17
Transport Operations (TransLink Transit Authority) Bill 2008
Part 4 TransLink's board
[s 23]
(3) Subsection (1) does not limit or otherwise affect the operation 1
of the Acts Interpretation Act 1954, section 25 in relation to 2
the appointment. 3
23 Terms and conditions of appointment 4
(1) An appointed member is to be paid the remuneration and 5
allowances decided by the Governor in Council in the 6
person's instrument of appointment. 7
(2) An appointed member holds office on the terms and 8
conditions, not provided for by this Act, that are decided by 9
the Governor in Council. 10
24 Resignation 11
An appointed member may resign by signed notice given to 12
the Minister. 13
25 Delegation by local government member 14
(1) The appointed member who is the chief executive officer of a 15
local government may delegate that member's functions as a 16
member to an appropriately qualified employee of the local 17
government. 18
(2) However, the functions can not be delegated to a person if-- 19
(a) the person is a disqualified person; or 20
(b) the person, or a close relative of the person, has a direct 21
or indirect pecuniary interest that conflicts or may 22
conflict with the proper performance of any function of 23
a member; or 24
(c) any function of the person as an employee of the local 25
government relates to any of TransLink's functions. 26
Page 18
Transport Operations (TransLink Transit Authority) Bill 2008
Part 4 TransLink's board
[s 26]
Division 2 Meetings and other business of 1
board 2
26 Conduct of business 3
(1) A regulation may provide for how the board must conduct its 4
business, including its meetings. 5
(2) Subject to subsection (1) and this division, the board may 6
conduct its business, including its meetings, in the way it 7
considers appropriate. 8
27 Times and places of meetings 9
(1) Board meetings are to be held at the times and places the 10
chairperson decides. 11
(2) However, the chairperson must call a meeting if asked, in 12
writing, to do so by at least 2 members. 13
(3) Also, the chairperson must call a meeting at least once in each 14
quarter. 15
28 Quorum 16
A quorum for a board meeting is more than half of the number 17
of members. 18
29 Presiding at meetings 19
(1) The chairperson is to preside at all board meetings at which 20
the chairperson is present. 21
(2) If the chairperson is not present, the following member is to 22
preside-- 23
(a) the member chosen by the chairperson and advised to 24
the TOPTA chief executive; 25
(b) otherwise--the member chosen by the members 26
present. 27
Page 19
Transport Operations (TransLink Transit Authority) Bill 2008
Part 4 TransLink's board
[s 30]
30 Conduct of meetings 1
(1) The board may hold meetings, or allow members to take part 2
in its meetings, by using any technology allowing reasonably 3
contemporaneous and continuous communication between 4
persons taking part in the meeting. 5
(2) A person who takes part in a board meeting under subsection 6
(1) is taken to be present at the meeting. 7
(3) A decision at a board meeting must be a majority decision of 8
the members present. 9
(4) However, if there is an equality of votes cast on a matter the 10
chairperson has a casting vote. 11
31 Decisions outside meetings 12
A decision of the board, other than a decision at a board 13
meeting, may be made only with the written agreement of a 14
majority of the members. 15
32 Minutes and record of decisions 16
The board must keep-- 17
(a) minutes of its meetings; and 18
(b) a record of any decisions under section 31. 19
Division 3 Miscellaneous provision 20
33 Protection of members from civil liability 21
(1) A member is not civilly liable to someone for an act done, or 22
omission made, honestly and without negligence under this 23
Act or a direction or a requirement under this Act. 24
(2) If subsection (1) prevents a civil liability attaching to the 25
member, the liability attaches instead to the State. 26
Page 20
Transport Operations (TransLink Transit Authority) Bill 2008
Part 5 Staffing
[s 34]
Part 5 Staffing 1
Division 1 Chief executive officer of TransLink 2
34 Chief executive officer 3
(1) The Governor in Council must appoint a chief executive 4
officer of TransLink. 5
(2) A disqualified person can not be appointed as the chief 6
executive officer. 7
(3) The chief executive officer's remuneration and allowances 8
and other terms and conditions of office are as decided by the 9
Governor in Council in the person's instrument of 10
appointment. 11
(4) The chief executive officer is employed under this Act and not 12
the Public Service Act 1996. 13
(5) The chief executive officer must report to the board about 14
TransLink's operations. 15
35 Acting chief executive officer 16
(1) This section applies if-- 17
(a) no chief executive officer has been appointed; or 18
(b) the office of chief executive is vacant; or 19
(c) the appointed chief executive officer (the usual ceo) is 20
absent or is unable to discharge the functions of the 21
office because of illness or any other reason. 22
(2) The Minister may, by signed notice, appoint a person to act in 23
the office. 24
(3) For the circumstances mentioned in (1)(a) or (b), the 25
appointment ends when, if the Governor in Council appoints 26
someone else as the chief executive officer, the term of that 27
appointment starts. 28
Page 21
Transport Operations (TransLink Transit Authority) Bill 2008
Part 5 Staffing
[s 36]
(4) Also, for the circumstances mentioned in subsection (1)(c), 1
the appointment ends if the Minister gives the appointee 2
notice that the usual ceo has resumed his or her duties as the 3
chief executive officer. 4
(5) The Acts Interpretation Act 1954, section 24B(7D) to (15) 5
applies to the appointee as if the appointee had been appointed 6
under that section. 7
(6) This section does not limit or otherwise affect the Acts 8
Interpretation Act 1954, section 24B. 9
Division 2 Employing office 10
36 Establishment 11
(1) The TransLink Transit Authority Employing Office is 12
established. 13
(2) The employing office is a separate entity from TransLink. 14
37 Functions 15
The main functions of the employing office are-- 16
(a) entering into, for the State, a work performance 17
arrangement with TransLink under which employees of 18
the employing office perform work for TransLink; and 19
(b) employing, for the State, staff to perform work for 20
TransLink under a work performance arrangement; and 21
(c) doing anything incidental to the discharge of the 22
functions mentioned in paragraphs (a) and (b). 23
38 Employing office may employ staff 24
(1) The employing office may, for the State, employ staff. 25
(2) Employees of the employing office are employed under the 26
Public Service Act 1996. 27
Page 22
Transport Operations (TransLink Transit Authority) Bill 2008
Part 6 Directions, reporting and information
[s 39]
Part 6 Directions, reporting and 1
information 2
39 Ministerial directions or guidelines to TransLink 3
(1) The Minister may give TransLink-- 4
(a) a written direction about the performance of its 5
functions (a Ministerial direction); or 6
(b) written guidelines to help TransLink perform its 7
functions. 8
(2) A Ministerial direction may prohibit TransLink from 9
acquiring particular assets or assets of a particular type. 10
(3) TransLink must comply with a Ministerial direction. 11
40 Infrastructure project reporting 12
(1) The Minister may, by notice, require TransLink to give the 13
Minister or a stated public service officer of the department or 14
a stated person in a stated government entity a report, or 15
reports at stated intervals, about its infrastructure projects. 16
(2) TransLink must comply with the requirement. 17
41 Ministerial access to information 18
(1) The Minister may, by notice, require TransLink to prepare, 19
approve and give the Minister or a stated public service officer 20
of the department or a stated person in a stated government 21
entity stated information or stated documents, or copies of 22
documents, in TransLink's possession. 23
(2) TransLink must comply with the requirement. 24
42 TransLink network plans 25
(1) TransLink must, at least every four years, prepare, approve 26
and give the Minister a written network plan about funded 27
Page 23
Transport Operations (TransLink Transit Authority) Bill 2008
Part 6 Directions, reporting and information
[s 43]
improvements in mass transit services and infrastructure for 1
the TransLink area. 2
(2) A network plan can not be implemented unless it has been 3
approved by the Minister. 4
43 Fare strategies 5
(1) TransLink must prepare, approve and give the Minister a 6
written fare strategy making recommendations about fares for 7
mass transit services under service contracts relating to the 8
TransLink area during the following periods from TransLink's 9
establishment-- 10
(a) generally--each 5 year period; 11
(b) if the Minister, by notice, directs shorter periods--each 12
of the shorter periods. 13
(2) A fare strategy can not be implemented unless it has been 14
approved by the Minister. 15
44 System performance reports 16
(1) TransLink must prepare, approve and give the Minister a 17
written report about the performance of its functions at 18
quarterly intervals or other more frequent intervals as directed 19
by the Minister. 20
(2) Without limiting subsection (1), the report must address the 21
following issues for mass transit services for the TransLink 22
area-- 23
(a) customer complaints management reporting; 24
(b) patronage reporting; 25
(c) service faults and rectification; 26
(d) safety; 27
(e) contractual issues; 28
(f) revenue and expenditure reporting. 29
Page 24
Transport Operations (TransLink Transit Authority) Bill 2008
Part 6 Directions, reporting and information
[s 45]
45 Annual report 1
(1) TransLink must prepare, approve and give the Minister a 2
written report about the performance of its functions each 3
financial year. 4
(2) The report must be given as soon as practicable after the end 5
of the financial year, but within 2 months after the year ends. 6
(3) The Minister must, within 14 sitting days after receiving the 7
report, cause a copy to be tabled in the Legislative Assembly. 8
(4) Without limiting subsection (1), the report must include-- 9
(a) a copy of any Ministerial directions given during the 10
year; and 11
(b) a statement about how TransLink performed its 12
functions during the year compared with the expected 13
performance for the year under the relevant network 14
plan; and 15
(c) any other matter prescribed under a regulation. 16
(5) To remove any doubt, it is declared that this section does not 17
limit or otherwise affect any obligation TransLink has to give 18
a report under the Financial Administration and Audit Act 19
1977. 20
46 Provisions for making plan or recommendation to 21
Minister 22
(1) This section applies if, in the performance of its functions, 23
TransLink proposes to make a network plan or other plan for, 24
or a recommendation to, the Minister. 25
(2) The plan or recommendation must, as far as practicable, be 26
consistent with-- 27
(a) existing strategies, plans and implementation programs 28
and other strategic documents or plans under an Act 29
relating to transport or the TransLink area; and 30
(b) the contractual liabilities of the State of which the board 31
is aware. 32
Page 25
Transport Operations (TransLink Transit Authority) Bill 2008
Part 7 Special events
[s 47]
(3) The plan or recommendation must be responsive to customer 1
needs, provide value-for-money and promote efficiency. 2
(4) If the proposal is a plan, it must include performance 3
indicators. 4
Part 7 Special events 5
47 Declaration of special event 6
(1) TransLink may declare that an event to be carried out in the 7
TransLink area is a special event (a special event 8
declaration). 9
(2) A special event declaration may be for a stated event or all 10
events, or all events of a stated type, to be carried out at a 11
stated place. 12
(3) A special event declaration may be made only if TransLink 13
considers that-- 14
(a) there will be at least 5000 participants or spectators at 15
the event or events the subject of the declaration; and 16
(b) either-- 17
(i) significant road closures or bus stop relocations are 18
likely to be part of the management of transport to 19
or from the event or events; or 20
(ii) the provision of transport services to or from the 21
event or events is likely to rely on an increased use 22
of vehicles or other facilitates funded or managed 23
by TransLink. 24
(4) For subsection (3)(b)(i), a road closure or bus stop relocation 25
is significant if it is likely to affect the provision of mass 26
transit services generally in the TransLink area. 27
Page 26
Transport Operations (TransLink Transit Authority) Bill 2008
Part 7 Special events
[s 48]
(5) A special event declaration is sufficiently made if TransLink 1
publishes the declaration on its website or in a newspaper 2
circulating in the TransLink area. 3
48 Coordination power for mass transit services to special 4
events 5
TransLink may coordinate the provision of mass transit 6
services to and from a special event in the TransLink area. 7
49 TransLink approval required for special event services 8
(1) A person must not enter into or perform a contract or 9
arrangement for the provision of mass transit services to or 10
from a special event in the TransLink area without 11
TransLink's written approval. 12
Maximum penalty--200 penalty units. 13
Note-- 14
See however section 57 (Deferral of application of s 49 for particular 15
contracts and arrangements for special event services). 16
(2) A contract or arrangement made or entered into in 17
contravention of subsection (1) has no effect to the extent of 18
the contravention. 19
50 Special event approvals 20
(1) An approval by TransLink under section 49(1) (a special 21
event approval) may-- 22
(a) be given on TransLink's own initiative; and 23
(b) be given for a specific mass transit service to or from a 24
special event or generally for a stated type of mass 25
transit service to or from a special event. 26
(2) A special event approval is sufficiently given if TransLink 27
publishes the approval on its website or in a newspaper 28
circulating in the TransLink area. 29
Page 27
Transport Operations (TransLink Transit Authority) Bill 2008
Part 8 Miscellaneous provisions
[s 51]
(3) TransLink may impose conditions on the giving of a special 1
event approval. 2
(4) The conditions may include a requirement that, before the 3
special event approval applies to a person, the person must 4
pay TransLink a contribution to TransLink's costs of 5
coordinating the relevant mass transit services. 6
Part 8 Miscellaneous provisions 7
51 Request for information from prospective appointees 8
(1) This section applies if a person is being considered for 9
appointment as an appointed member or the chief executive 10
officer. 11
(2) The Minister may ask the person to give the Minister a written 12
statement stating-- 13
(a) whether or not the person is a disqualified person; and 14
(b) whether or not the person, or any close relative of the 15
person, has a direct or indirect pecuniary interest that, if 16
the appointment is made, conflicts or may conflict with 17
the proper performance of the person's functions under 18
the appointment. 19
(3) The person must not give the Minister a statement under 20
subsection (2) that the person knows is false or misleading in 21
a material particular. 22
Maximum penalty--100 penalty units. 23
(4) A complaint against a person for an offence against 24
subsection (3) is sufficient if it states that the statement or the 25
information was false or misleading to the person's 26
knowledge, without specifying whether it was false or 27
whether it was misleading. 28
Page 28
Transport Operations (TransLink Transit Authority) Bill 2008
Part 8 Miscellaneous provisions
[s 52]
52 Criminal history report about appointee or prospective 1
appointee 2
(1) This section applies in relation to-- 3
(a) a member; or 4
(b) the chief executive officer; or 5
(c) a person who is being considered for appointment as a 6
member or the chief executive officer (a prospective 7
appointee). 8
(2) The Minister may ask the commissioner of the police service 9
for-- 10
(a) a written report about the person's criminal history; and 11
(b) a brief description of the circumstances of any 12
conviction mentioned in the criminal history. 13
(3) However, if the request relates to a prospective appointee, the 14
Minister may make the request only if the person has given 15
the Minister written consent for the request. 16
(4) The commissioner of the police service must comply with the 17
request. 18
(5) However, subsection (4) applies only to information in the 19
commissioner's possession or to which the commissioner has 20
access. 21
(6) The Minister must ensure a report given under this section is 22
destroyed as soon as practicable after it is no longer needed 23
for the purpose for which it was requested. 24
(7) In this section-- 25
criminal history, of a person, means the person's criminal 26
history as defined under the Criminal Law (Rehabilitation of 27
Offenders) Act 1986, other than for a spent conviction. 28
spent conviction means a conviction-- 29
(a) for which the rehabilitation period under the Criminal 30
Law (Rehabilitation of Offenders) Act 1986 has expired 31
under that Act; and 32
Page 29
Transport Operations (TransLink Transit Authority) Bill 2008
Part 8 Miscellaneous provisions
[s 53]
(b) that is not revived as prescribed by section 11 of that 1
Act. 2
53 Disclosure of disqualification by appointees 3
If an appointed member or the chief executive officer is or 4
becomes a disqualified person, that person must, as soon as 5
practicable, give the Minister notice of that fact. 6
Maximum penalty--100 penalty units. 7
54 Disclosure of conflicts of interest by appointees 8
(1) This section applies if-- 9
(a) a member, or a close relative of a member, has a direct 10
or indirect pecuniary interest that conflicts or may 11
conflict with the proper performance of the member's 12
functions; or 13
(b) the chief executive officer, or a close relative of the chief 14
executive officer, has a direct or indirect pecuniary 15
interest that conflicts or may conflict with the proper 16
performance of the chief executive officer's functions. 17
(2) The member or chief executive officer must, as soon as 18
practicable, disclose the interest to-- 19
(a) if the matter is being considered or about to be 20
considered by the board--the board; or 21
(b) otherwise--the Minister. 22
Maximum penalty--100 penalty units. 23
(3) If a member has disclosed an interest relating to a matter 24
being considered or about to be considered by the board, the 25
member must not participate in the board's consideration of 26
the matter. 27
Maximum penalty--100 penalty units. 28
Page 30
Transport Operations (TransLink Transit Authority) Bill 2008
Part 9 Transitional provisions
[s 55]
55 Delegations by TransLink 1
(1) TransLink may delegate its functions under this Act to-- 2
(a) a member; or 3
(b) the chief executive officer; or 4
(c) any other appropriately qualified person. 5
(2) However, TransLink can not delegate its functions under part 6
6 of approving a document that it must give to the Minister. 7
(3) A member, other than an appointed member, may delegate the 8
member's functions as a member to an appropriately qualified 9
public service officer. 10
(4) In this section-- 11
functions includes powers. 12
56 Regulation-making power 13
The Governor in Council may make regulations under this 14
Act. 15
Part 9 Transitional provisions 16
57 Deferral of application of s 49 for particular contracts and 17
arrangements for special event services 18
(1) This section applies to a contract or arrangement made or 19
entered into before section 49 commences. 20
(2) Section 49 does not apply to the performance of the contract 21
or arrangement until the first anniversary of the 22
commencement. 23
Page 31
Transport Operations (TransLink Transit Authority) Bill 2008
Part 9 Transitional provisions
[s 58]
58 Novation of particular State contracts to TransLink 1
(1) This section applies to a contract prescribed under a 2
regulation-- 3
(a) in force immediately before this section commences; 4
and 5
(b) to which the State is a party; and 6
(c) that relates to the performance of a function by or for the 7
State that will, from the commencement, be a function 8
of TransLink; and 9
(d) that is not a service contract, work performance 10
arrangement or contract of employment. 11
(2) On the commencement, the following apply despite any 12
provision of the contract-- 13
(a) TransLink is taken to be a party to the contract instead 14
of the State; 15
(b) TransLink assumes the State's liabilities and rights 16
under the contract; 17
(c) a reference in the contract to the State is taken to be a 18
reference to TransLink; 19
(d) changes to the contract that are necessary for, or 20
incidental to, the matters in paragraphs (a) to (c) are 21
taken to have been made. 22
(3) Subsection (2), or any thing done under it, does not-- 23
(a) discharge or otherwise affect the contract or the 24
performance of the contract by another party to it; or 25
(b) fulfil a condition allowing a person to terminate the 26
contract or be released, wholly or partly, from the 27
contract or a liability under it. 28
(4) If the advice or consent of, or giving notice to, a person would 29
be necessary to give effect to any matter under subsection 30
(2)-- 31
Page 32
Transport Operations (TransLink Transit Authority) Bill 2008
Part 9 Transitional provisions
[s 58]
(a) the advice is taken to have been obtained; and 1
(b) the consent or notice is taken to have been given. 2
(5) To remove any doubt, it is declared that-- 3
(a) a State is a party to a contract entered into by an entity 4
that is a manifestation of, or that represents, the State (a 5
State entity), either for the State or in the entity's own 6
right; and 7
Examples of manifestations of the State-- 8
· the TOPTA department 9
· the former unincorporated body known as `Translink' that 10
formed part of the TOPTA department before the 11
commencement 12
(b) a reference in a contract to the performance of a 13
function by or for the State includes a reference to 14
performance of that function by or for a State entity; and 15
(c) a liability that, under a contract, is expressed to be a 16
liability of a State entity is a liability of the State under 17
that contract; and 18
(d) a right that, under a contract, is expressed to be a right of 19
a State entity is a right of the State under that contract; 20
and 21
(e) a reference in a contract to a named State entity is a 22
reference to the State. 23
(6) For subsection (1)(b), a contract relating to the performance of 24
a function by or for the State includes a contract under which 25
a guarantee, indemnity or other form of surety is given for the 26
performance of the function by or for the State. 27
(7) In this section-- 28
contract includes a deed or other instrument under which a 29
guarantee, indemnity or other form of surety is given in favour 30
of the State, whether or not for consideration. 31
Page 33
Transport Operations (TransLink Transit Authority) Bill 2008
Part 9 Transitional provisions
[s 59]
59 Existing service contracts not affected 1
To remove any doubt, it is declared that the enactment of this 2
Act does not, of itself, alter or in any way affect a service 3
contract. 4
60 Transfer of particular State assets and liabilities to 5
TransLink 6
(1) The Minister may prepare a register of the assets and 7
liabilities of the State that are to be transferred to TransLink 8
for the purposes of this Act. 9
(2) The register has no effect unless it is approved under a 10
regulation. 11
(3) When the register takes effect-- 12
(a) the State is divested of the assets and liabilities and they 13
become assets and liabilities of TransLink; and 14
(b) proceedings by or against the State, or that could have 15
been started by or against the State before the taking of 16
effect, relating to the assets or liabilities may be 17
continued or started by or against TransLink. 18
(4) This section does not limit or otherwise affect section 19
58(2)(b). 20
61 Registration of transferred assets 21
(1) This section applies to the registrar of titles or other person 22
responsible for keeping a register for dealings about an asset 23
that, under section 60(3)(a), becomes an asset of TransLink. 24
(2) The registrar or person must, if asked by TransLink in the 25
appropriate form, and on payment of any fee, record a transfer 26
of the asset to TransLink. 27
(3) In this section-- 28
registrar of titles means a public official or authority 29
responsible for registering title to land and dealings affecting 30
land. 31
Page 34
Transport Operations (TransLink Transit Authority) Bill 2008
Part 10 Amendment of Public Service Act 1996
[s 62]
62 References to former body known as Translink 1
A reference in a document to the former unincorporated body 2
known as `Translink' that, before this section commences, 3
formed part of the TOPTA department is, if the context 4
permits, taken to be a reference to TransLink. 5
63 Existing industrial instruments that bind employing office 6
The employing office is, on the commencement of this 7
section, taken to be bound by the industrial instruments under 8
the Industrial Relations Act 1999 that on the 9
commencement-- 10
(a) bind the State; and 11
(b) apply to public service employees whose employment is 12
carried out in the TOPTA department. 13
Part 10 Amendment of Public Service 14
Act 1996 15
64 Act amended in pt 10 16
This part amends the Public Service Act 1996. 17
65 Amendment of sch 1 (Public service offices and their 18
heads) 19
Schedule 1, item 12-- 20
omit, insert-- 21
`12 TransLink Transit Authority The chief executive officer under
Employing Office under the the Transport Operations
Transport Operations (TransLink Transit Authority) Act
(TransLink Transit 2008'.
Authority) Act 2008
Page 35
Transport Operations (TransLink Transit Authority) Bill 2008
Part 11 Amendment of Transport Infrastructure Act 1994
[s 66]
Part 11 Amendment of Transport 1
Infrastructure Act 1994 2
66 Act amended in pt 11 3
This part amends the Transport Infrastructure Act 1994. 4
67 Amendment of s 6 (Contents of transport infrastructure 5
strategies) 6
Section 6(4), `SEQTA area under the Transport Planning and 7
Coordination Act 1994'-- 8
omit, insert-- 9
`TransLink area under the Transport Operations (TransLink 10
Transit Authority) Act 2008'. 11
68 Amendment of s 20 (Transport GOCs) 12
Section 20(1), after `transport infrastructure strategies'-- 13
insert-- 14
`and any network plan under the Transport Operations 15
(TransLink Transit Authority) Act 2008'. 16
Part 12 Amendment of Transport 17
Operations (Passenger 18
Transport) Act 1994 19
69 Act amended in pt 12 20
This part amends the Transport Operations (Passenger 21
Transport) Act 1994. 22
Page 36
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 70]
70 Insertion of new ch 5A 1
After section 36-- 2
insert-- 3
`Chapter 5A Essential public transport 4
infrastructure 5
`36A Declaration of essential public transport infrastructure 6
`(1) A regulation may declare infrastructure to be essential public 7
transport infrastructure. 8
`(2) However, the declaration may be made only if-- 9
(a) the infrastructure is used, or may be used, for the 10
provision of a public passenger service; and 11
(b) the Minister is satisfied that the infrastructure-- 12
(i) makes up part of the transport network for public 13
passenger services; and 14
(ii) is essential to the continuity of public passenger 15
services. 16
`(3) The declaration must identify the infrastructure and the public 17
passenger service. 18
`(4) In this section-- 19
infrastructure includes land and any other property. 20
`36B Chief executive's power to give direction about use 21
of essential public transport infrastructure 22
`(1) The chief executive may, by written notice, give the owner of 23
essential public transport infrastructure a direction to-- 24
(a) allow any operator of the relevant service for the 25
infrastructure to use the infrastructure on stated 26
conditions fixed by the chief executive; and 27
Page 37
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 70]
(b) not to change the infrastructure in a way that restricts 1
that use. 2
`(2) However, before giving the direction, the chief executive 3
must-- 4
(a) give the relevant parties a reasonable opportunity to 5
make written submissions about the proposed direction; 6
and 7
(b) consider any submissions made under paragraph (a); 8
and 9
(c) be satisfied that-- 10
(i) the relevant parties have not been able to reach an 11
agreement about the use under the proposed 12
declaration; and 13
(ii) there is no other reasonably practicable alternative 14
to the direction that will secure the use. 15
`(3) The direction must-- 16
(a) identify the infrastructure and the relevant service; and 17
(b) state a reasonable period within which the direction 18
must be complied with; and 19
(c) include, or be accompanied by, an information notice 20
about the decision to give the direction and the decision 21
to fix the conditions. 22
`(4) The direction is an essential infrastructure direction. 23
`(5) In this section-- 24
relevant parties means-- 25
(a) the owner and anyone else who would, under section 26
36C, be bound by the proposed direction; and 27
(b) any operator of the relevant service. 28
relevant service means the public passenger service identified 29
in the declaration that declared the essential public transport 30
infrastructure. 31
Page 38
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 70]
`36C Persons bound by essential infrastructure direction 1
`An essential infrastructure direction binds-- 2
(a) the owner and any lessee of the infrastructure to which 3
the direction relates; and 4
(b) to the extent the infrastructure consists of land--any 5
person with an interest in the land; and 6
(c) a transferee of the infrastructure from a person 7
mentioned in paragraph (a) or (b); and 8
(d) a transferee of the infrastructure from a person 9
mentioned in paragraph (c); and 10
(e) anyone else who has control of the infrastructure. 11
`36D Failure to comply with essential infrastructure 12
direction 13
`A person who is bound by an essential infrastructure 14
direction must comply with the direction. 15
Maximum penalty--1665 penalty units. 16
`36E Record of essential infrastructure direction in land 17
registry 18
`(1) This section applies if an essential infrastructure direction 19
relates to land. 20
`(2) As soon as practicable after giving the direction, the chief 21
executive must give the registrar written notice of the giving 22
of the direction. 23
`(3) The registrar must keep records showing that the direction has 24
been given. 25
`(4) The registrar must keep the records in a way that a search of 26
any register kept by the registrar will show that the direction 27
has been given. 28
`(5) If the direction is amended or repealed, the chief executive 29
must give written notice of that fact to the registrar. 30
Page 39
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 70]
`(6) As soon as practicable after receiving a notice under 1
subsection (5), the registrar must-- 2
(a) for an amendment--change the records to reflect the 3
amendment; or 4
(b) if the direction is repealed--remove the particulars of 5
the direction from the records. 6
`(7) In this section-- 7
registrar means the registrar of titles under the Land Title Act 8
1994 or another person responsible for keeping a register for 9
dealings in land. 10
`36F Compensation 11
`(1) A person bound by an essential infrastructure direction may 12
claim compensation from the State for costs incurred by the 13
person in complying with the direction. 14
`(2) The amount of the compensation is to be decided by 15
agreement between the chief executive and the claimant or, if 16
there is no agreement, by an arbitrator. 17
`(3) The arbitrator must be appointed by-- 18
(a) agreement between the chief executive and the claimant; 19
or 20
(b) if the chief executive and the claimant can not 21
agree--the Institute of Arbitrators & Mediators 22
Australia or, if that body ceases to exist, another body 23
that represents arbitrators. 24
`(4) The compensation must not include any component for-- 25
(a) loss of income or profit for any use of the infrastructure 26
other than that required to be allowed under the 27
direction; or 28
(b) diminution in the value of the infrastructure or land 29
related to the infrastructure because of the direction. 30
`(5) Without limiting the matters an arbitrator may or may not take 31
into account, a regulation may provide for matters to be 32
Page 40
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 71]
considered, or not considered, in deciding the amount of 1
compensation. 2
`(6) The Commercial Arbitration Act 1990 applies to the 3
arbitration. 4
`36G Chief executive's power to decide matters about rail 5
safety unaffected 6
`To remove any doubt, it is declared that this chapter does not 7
limit or otherwise affect the chief executive's power to make a 8
decision under the Transport Infrastructure Act 1994, section 9
139(2) about rail transport infrastructure.'. 10
71 Amendment of s 39 (Scope of service contracts) 11
(1) Section 39(d)-- 12
omit. 13
(2) Section 39(e)-- 14
renumber as section 39(d). 15
72 Amendment of s 42 (Declaration that service contracts 16
are required) 17
Section 42-- 18
insert-- 19
`(4) Before deciding to make a declaration under subsection (2), 20
the chief executive must-- 21
(a) give written notice of the proposed declaration to all 22
operators providing a public passenger service of the 23
kind and for the area or route to be specified in the 24
proposed declaration; and 25
(b) allow the operators at least 28 days to make written 26
submissions to the chief executive, about the proposed 27
declaration; and 28
(c) consider any submissions made under paragraph (b).'. 29
Page 41
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 73]
73 Insertion of new of s 42B 1
After section 42A-- 2
insert-- 3
`42B Amendment of service contract area or route 4
`(1) The chief executive may, by public notice, amend the service 5
contract area or route the subject of a declaration under 6
section 42. 7
`(2) However, the amendment may be made only if the chief 8
executive is satisfied the amendment is necessary-- 9
(a) to extend the service into developing areas; or 10
(b) because of changed traffic conditions; or 11
(c) for public safety; or 12
(d) to improve the service in the public interest. 13
`(3) The public notice must fix the day on which the amendment 14
takes effect. 15
`(4) Before deciding to make the amendment, the chief executive 16
must-- 17
(a) give written notice of the proposed amendment to each 18
affected operator; and 19
(b) allow each affected operator at least 28 days to make 20
written submissions to the chief executive about the 21
proposed amendment; and 22
(c) consider any submissions made under paragraph (b). 23
`(5) In this section-- 24
affected operator means-- 25
(a) each holder of a service contract for the service contract 26
area or route whose interests are materially affected by 27
the proposed amendment; and 28
(b) if the amendment is to add an area or route--any 29
operator providing a public passenger service of the 30
kind specified in the declaration for the additional area 31
or the additional route.'. 32
Page 42
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 74]
74 Amendment of s 43 (Obligation to hold service contracts) 1
(1) Section 43(1), `Translink'-- 2
omit, insert-- 3
`TransLink'. 4
(2) Section 43(1)(b)(ii)-- 5
omit, insert-- 6
`(ii) a written agreement with the chief executive; or 7
(iii) with the chief executive's approval, a written 8
agreement with the holder of a service contract.'. 9
(3) Section 43(2)-- 10
renumber as section 43(3). 11
(4) Section 43-- 12
insert-- 13
`(2) A written agreement with the chief executive mentioned in 14
subsection (1)(b)(ii) may be made only if-- 15
(a) the chief executive has invited a service contract holder 16
for the service contract area or route to offer to provide 17
the public passenger service and the holder-- 18
(i) refused the invitation; or 19
(ii) makes an offer that, in the chief executive's 20
opinion, is not appropriate for the public passenger 21
service; or 22
(iii) did not respond to the invitation within the time 23
allowed for a response to it; or 24
(b) the public passenger service is not a service of a kind to 25
which an existing service contract applies.'. 26
75 Amendment of s 46 (Review of holder's performance) 27
(1) Section 46, `Translink'-- 28
omit, insert-- 29
Page 43
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 76]
`TransLink'. 1
(2) Section 46(2), after `emergency service contract'-- 2
insert-- 3
`or a service contract for a term of less than 2 years'. 4
76 Omission of s 54 (Special condition for service contracts 5
for restricted school services) 6
Section 54-- 7
omit. 8
77 Amendment of ch 6, pt 2, div 2 hdg (General provisions 9
for service contracts for scheduled passenger services) 10
Chapter 6, part 2, division 2, heading, `scheduled passenger 11
services'-- 12
omit, insert-- 13
`general route services'. 14
78 Amendment of s 54A (Application of div 2) 15
Section 54A, from `scheduled passenger services'-- 16
omit, insert-- 17
`general route services, other than TransLink service 18
contracts.'. 19
79 Amendment of s 55 (Entering into a service contract for a 20
scheduled passenger service--no existing operators) 21
(1) Section 55, heading, `scheduled passenger service'-- 22
omit, insert-- 23
`general route service'. 24
(2) Section 55, `public passenger service'-- 25
Page 44
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 80]
omit, insert-- 1
`general route service'. 2
80 Amendment of s 56 (Entitlement of existing operators) 3
Section 56(1)(b), `scheduled passenger service'-- 4
omit, insert-- 5
`general route service'. 6
81 Amendment of s 57 (Entering into a service contract for a 7
scheduled passenger service) 8
(1) Section 57, `scheduled passenger service'-- 9
omit, insert-- 10
`general route service'. 11
(2) Section 57, `holder'-- 12
omit, insert-- 13
`operator'. 14
82 Amendment of s 59 (Matters to be considered) 15
Section 59(4), definition offer for a service contract, from `an 16
offer'-- 17
omit, insert-- 18
`an offer under section 60(2) to provide a service for an 19
amended service area or route.'. 20
83 Replacement of s 60 (Amendments of service contracts) 21
Section 60-- 22
omit, insert-- 23
Page 45
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 84]
`60 Service contract for amended service contract area 1
or route 2
`(1) This section applies if, under section 42B, a service contract 3
area or route for a general route service is amended to add an 4
area or route to the service contract area or route. 5
`(2) The chief executive must, by written notice, invite the existing 6
holder of the service contract for the service contract area or 7
route the first opportunity to offer to provide the service for 8
the amended area or route. 9
`(3) If-- 10
(a) the existing holder makes no offer within 60 days after 11
the notice is given; or 12
(b) the holder makes an offer that the chief executive 13
decides is unacceptable under section 59; 14
the chief executive must, by public notice, invite offers from 15
the public to provide the service for the amended area or route 16
(a public invitation). 17
`(4) Despite subsection (3), if-- 18
(a) the holder makes an offer within the 60 days; and 19
(b) the chief executive considers the offer substantially 20
complies with the requirements of an offer that would be 21
acceptable under section 59; 22
the chief executive may defer the making of a public invitation 23
to allow an opportunity for a service contract for the amended 24
area or route to be concluded with the holder.'. 25
84 Amendment of s 61 (Compensation) 26
(1) Section 61(1), `area or route'-- 27
omit, insert-- 28
`service contract area or route'. 29
(2) Section 61(1)(b)(ii), `an amendment of the holder's service 30
contract'-- 31
Page 46
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 85]
omit, insert-- 1
`a service contract'. 2
(3) Section 61(2), `submissions'-- 3
omit, insert-- 4
`offers'. 5
85 Amendment of s 62 (Offer of new service contract) 6
(1) Section 62(3)(a)(ii)-- 7
omit. 8
(2) Section 62(3)(a)(iii)-- 9
renumber as section 62(3)(a)(ii). 10
86 Amendment of ch 6, pt 2, div 2AA hdg (Translink service 11
contracts) 12
Chapter 6, part 2, division 2AA, heading, `Translink'-- 13
omit, insert-- 14
`TransLink'. 15
87 Omission of s 62AAA (Purpose of div 2AA) 16
Section 62AAA-- 17
omit. 18
88 Amendment of s 62AAC (What is a Translink service 19
contract) 20
(1) Section 62AAC, heading, `Translink'-- 21
omit, insert-- 22
`TransLink'. 23
(2) Section 62AAC(1), before paragraph (a)-- 24
omit, insert-- 25
Page 47
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 89]
`(1) A TransLink service contract is a service contract for a 1
general route service relating to the functions of the 2
TransLink Transit Authority under the Transport Operations 3
(TransLink Transit Authority) Act 2008, under which 4
contract--'. 5
(3) Section 62AAC(1)(c), `under the contract'-- 6
omit. 7
(4) Section 62AAC(2)-- 8
omit, insert-- 9
`(2) A TransLink service contract does not give the holder the 10
exclusive right to operate a general route service in the service 11
contract area or route the subject of the contract.'. 12
89 Insertion of new s 62AACA 13
After section 62AAC-- 14
insert-- 15
`62AACA Entering into a TransLink service contract 16
`(1) This section applies if-- 17
(a) a declaration under section 42 is made for a service 18
contract area or route (the new area or route); and 19
(b) the chief executive proposes to provide a general route 20
service (the new service) for the new area or route, 21
under a TransLink service contract. 22
`(2) The chief executive may-- 23
(a) invite an affected operator, by written notice, to offer, by 24
the prescribed day, to provide the new service (an 25
operator invitation); or 26
(b) invite any or all holders of TransLink service contracts, 27
by written notice, to offer, by the prescribed day, to 28
provide the new service (a holder invitation); or 29
(c) invite the public, by public notice, to offer to provide the 30
new service (a public invitation). 31
Page 48
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 90]
`(3) If the chief executive makes an operator invitation and 1
either-- 2
(a) an affected operator makes no offer, or if there is more 3
than 1 affected operator, no affected operator makes an 4
offer, by the prescribed day; or 5
(b) if 1 or more offers are made, the chief executive decides 6
no offer made is acceptable under section 62AAE; 7
the chief executive may make a holder invitation or a public 8
invitation. 9
`(4) If the chief executive makes a holder invitation and no holder 10
of a TransLink service contract-- 11
(a) makes an offer by the prescribed day; or 12
(b) makes an offer that the chief executive decides is 13
acceptable under section 62AAE; 14
the chief executive may make a public invitation. 15
`(5) However, if-- 16
(a) an offer is made in response to an operator invitation or 17
a holder invitation by the prescribed day; and 18
(b) the chief executive considers the offer substantially 19
complies with the requirements of an offer that would be 20
acceptable under section 62AAE; 21
the chief executive may defer the making of a public invitation 22
to allow an opportunity for a service contract to be concluded 23
with the offerer. 24
`(6) In this section-- 25
affected operator means an operator providing a general route 26
service of the kind specified in the declaration for all or part of 27
the new area or route.'. 28
90 Amendment of s 62AAD (Offer of new Translink service 29
contract) 30
(1) Section 62AAD, `Translink'-- 31
Page 49
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 91]
omit, insert-- 1
`TransLink'. 2
(2) Section 62AAD(1)(b)(i), `scheduled passenger service'-- 3
omit, insert-- 4
`general route service'. 5
91 Amendment of s 62AAE (Matters to be considered 6
generally when considering offers for Translink service 7
contracts) 8
(1) Section 62AAE, `Translink'-- 9
omit, insert-- 10
`TransLink'. 11
(2) Section 62AAE(2)(b), `scheduled passenger service'-- 12
omit, insert-- 13
`general route service'. 14
92 Amendment of s 62AAF (Unsatisfactory performance of 15
Translink service contract holder) 16
Section 62AAF, `Translink'-- 17
omit, insert-- 18
`TransLink'. 19
93 Replacement of s 62AAG (New service contract area or 20
route in the Translink area) 21
Section 62AAG-- 22
omit, insert-- 23
`62AAG Service contract for amended service contract area 24
or route 25
`(1) This section applies if-- 26
Page 50
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 93]
(a) under section 42B, a service contract area or route is 1
amended (the amended service area or route); and 2
(b) the chief executive proposes to provide a general route 3
service (the amended service) for the amended service 4
area or route, under a TransLink service contract. 5
`(2) The chief executive may-- 6
(a) invite an affected operator, by written notice, to offer, by 7
the prescribed day, to provide the amended service (an 8
operator invitation); or 9
(b) invite any or all holders of TransLink service contracts, 10
by written notice, to offer, by the prescribed day, to 11
provide the amended service (a holder invitation); or 12
(c) invite the public, by public notice, to offer to provide the 13
amended service (a public invitation). 14
`(3) If the chief executive makes an operator invitation and 15
either-- 16
(a) an affected operator makes no offer, or if there is more 17
than 1 affected operator, no affected operator makes an 18
offer, by the prescribed day; or 19
(b) if 1 or more offers are made, the chief executive decides 20
no offer made is acceptable under section 62AAE; 21
the chief executive may make a holder invitation or a public 22
invitation. 23
`(4) If the chief executive makes a holder invitation and no holder 24
of a TransLink service contract-- 25
(a) makes an offer by the prescribed day; or 26
(b) makes an offer that the chief executive decides is 27
acceptable under section 62AAE; 28
the chief executive may make a public invitation. 29
`(5) However, if-- 30
(a) an offer is made in response to an operator invitation or 31
a holder invitation by the prescribed day; and 32
Page 51
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 94]
(b) the chief executive considers the offer substantially 1
complies with the requirements of an offer that would be 2
acceptable under section 62AAE; 3
the chief executive may defer the making of a public invitation 4
to allow an opportunity for a service contract to be concluded 5
with the offerer. 6
`(6) In this section-- 7
affected operator means-- 8
(a) the holder of a TransLink service contract providing a 9
general route service of the specified kind within the 10
area or route incorporated into the amended service area 11
or route under the amendment under section 42B (the 12
incorporated area); or 13
(b) any other operator providing a general route service of 14
that kind within the incorporated area; or 15
(c) each holder of a service contract for the service contract 16
area or route whose interests are materially affected by 17
the amendment. 18
specified kind means the kind of general route service 19
specified under the declaration under section 42A for the 20
service.'. 21
94 Amendment of s 62AAH (Compensation) 22
Section 62AAH(1)-- 23
omit, insert-- 24
`(1) This section applies if an affected operator under section 25
62AACA or 62AAG-- 26
(a) did not offer to provide the new service or the amended 27
service under that section; or 28
(b) is not awarded a TransLink service contract to provide 29
the new service or the amended service.'. 30
Page 52
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 95]
95 Amendment of s 62AAI (What happens when Translink 1
service contract is surrendered, cancelled or terminated) 2
Section 62AAI, `Translink'-- 3
omit, insert-- 4
`TransLink'. 5
96 Omission of s 62AB (Entitlement of an existing operator 6
providing substantially the same service under a 7
transitional provision) 8
Section 62AB-- 9
omit. 10
97 Amendment of s 62AD (First opportunity to offer may be 11
given to existing operator of school services under a 12
service contract or transitional provision) 13
(1) Section 62AD, heading, `or transitional provision'-- 14
omit. 15
(2) Section 62AD(1)(a), `section 62AB or 62AC'-- 16
omit, insert-- 17
`section 62AC'. 18
(3) Section 62AD(1)(b), `or transitional authority'-- 19
omit. 20
(4) Section 62AD(5)-- 21
omit. 22
98 Amendment of s 62AE (When public offer must be 23
invited, and when offers may be invited in another way) 24
Section 62AE, `section 62AB, 62AC or 62AD'-- 25
omit, insert-- 26
`section 62AC or 62AD'. 27
Page 53
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 99]
99 Amendment of s 62AF (Prohibition on making offers to 1
allow first opportunity) 2
Section 62AF(1), `section 62AB, 62AC or 62AD'-- 3
omit, insert-- 4
`section 62AC or 62AD'. 5
100 Omission of ch 13, pt 1A, div 2 (Translink service 6
contracts) 7
Chapter 13, part 1A, division 2-- 8
omit. 9
101 Insertion of new ch 13, pt 5 10
Chapter 13-- 11
insert-- 12
`Part 5 Provision for Transport 13
Operations (TransLink Transit 14
Authority) Act 2008 15
`180 Existing declarations under s 42(2) for a scheduled 16
passenger service 17
`(1) This section applies to a declaration under section 42(2) if-- 18
(a) it was in force immediately before the Transport 19
Operations (TransLink Transit Authority) Act 2008, 20
section 104(2) commences; and 21
(b) under the declaration, a service contract is required to 22
provide a specified kind of service that, under this Act 23
as in force before the commencement, was a long 24
distance scheduled passenger service or a scheduled 25
passenger service. 26
`(2) On the commencement, the declaration is taken to be a 27
declaration under section 42(2) to provide the same kind of 28
service as a general route service.'. 29
Page 54
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 102]
102 Amendment of sch 2 (Reviewable decisions) 1
Schedule 2-- 2
insert-- 3
`36B(1) Decision to give essential infrastructure District Court
direction
36B(1) Decision to fix conditions for essential District Court'.
infrastructure direction
103 Omission of sch 2A (Particular service contracts in SEQ 4
area) 5
Schedule 2A-- 6
omit. 7
104 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions accommodation transfer service, long 9
distance scheduled passenger service, restricted school 10
service, scheduled passenger service, SEQ area, tourist 11
service, tourist transfer service and Translink area-- 12
omit. 13
(2) Schedule 3-- 14
insert-- 15
essential infrastructure direction see section 36B(4). 16
essential public transport infrastructure means infrastructure 17
the subject of a declaration under section 36A(1). 18
general route service means-- 19
(a) a scheduled passenger service available to the public for 20
general purposes; or 21
Examples of general purposes-- 22
a purpose related to education, employment, entertainment or 23
shopping and a financial, health or a medical service 24
Page 55
Transport Operations (TransLink Transit Authority) Bill 2008
Part 12 Amendment of Transport Operations (Passenger Transport) Act 1994
[s 104]
(b) a scheduled passenger service available to any person if 1
the person pays a subscription or a membership fee that 2
is paid principally for the service. 3
scheduled passenger service means a public passenger 4
service-- 5
(a) conducted on a route in accordance with a timetable for 6
the service; or 7
(b) conducted on a route that forms a circle or loop 8
(commonly called a `loop service'); or 9
(c) conducted on a continuous basis between 2 points 10
(commonly called a `shuttle service'); or 11
(d) under which the vehicle used may, at the request of 12
individual passengers, deviate from the usual route from 13
time to time (commonly called a `route deviation 14
service'); or 15
(e) under which the actual route to be traversed may vary 16
within a corridor or zone at the request of individual 17
passengers each time the service operates (commonly 18
called a `dial and ride service'). 19
timetable, for a scheduled passenger service, means an 20
arrangement under which the starting time or finishing time, 21
or both, for each service is fixed. 22
TransLink area see the Transport Operations (TransLink 23
Transit Authority) Act 2008, section 7.'. 24
(3) Schedule 3, definition school service, `public'-- 25
omit, insert-- 26
`scheduled'. 27
(4) Schedule 3, definition Translink service contract, 28
`Translink'-- 29
omit, insert-- 30
`TransLink'. 31
Page 56
Transport Operations (TransLink Transit Authority) Bill 2008
Part 13 Amendment of Transport Operations (Road Use Management) Act 1995
[s 105]
Part 13 Amendment of Transport 1
Operations (Road Use 2
Management) Act 1995 3
105 Act amended in pt 13 4
This part amends the Transport Operations (Road Use 5
Management) Act 1995. 6
106 Amendment of s 8 (Contents of strategies) 7
Section 8(4), `SEQTA area under the Transport Planning and 8
Coordination Act 1994'-- 9
omit, insert-- 10
`TransLink area under the Transport Operations (TransLink 11
Transit Authority) Act 2008'. 12
Part 14 Amendment of Transport 13
Planning and Coordination Act 14
1994 15
107 Act amended in pt 14 16
This part amends the Transport Planning and Coordination 17
Act 1994. 18
108 Amendment of s 3 (Definitions) 19
(1) Section 3, definitions long distance scheduled passenger 20
service, SEQTA and SEQTA area-- 21
omit. 22
(2) Section 3, definition transport Act, after `this Act'-- 23
Page 57
Transport Operations (TransLink Transit Authority) Bill 2008
Part 14 Amendment of Transport Planning and Coordination Act 1994
[s 109]
insert-- 1
`and the Transport Operations (TransLink Transit Authority) 2
Act 2008'. 3
109 Amendment of s 6 (Transport coordination plan to be 4
consistent with overall strategic planning for government 5
etc.) 6
(1) Section 6(b)-- 7
omit. 8
(2) Section 6(c)-- 9
renumber as section 6(b). 10
110 Amendment of s 8C (Impact of road works on local 11
government road) 12
(1) Section 8C(3)(b)-- 13
omit. 14
(2) Section 8C(3)(c)-- 15
renumber as section 8C(3)(b). 16
111 Omission of pt 3 (The South-East Queensland Transit 17
Authority) 18
Part 3-- 19
omit. 20
112 Insertion of new s 22 21
Part 4-- 22
insert-- 23
`22 Chief executive's coordination and strategic planning 24
functions 25
`(1) The chief executive's functions under the transport Acts 26
include-- 27
Page 58
Transport Operations (TransLink Transit Authority) Bill 2008
Part 14 Amendment of Transport Planning and Coordination Act 1994
[s 113]
(a) coordinating the strategic planning and operation of 1
integrated transport systems in the State; and 2
(b) managing the allocation of funds to achieve this 3
outcome. 4
`(2) Without limiting subsection (1), the chief executive is to 5
achieve the functions mentioned in subsection (1) by-- 6
(a) ensuring more effective integration of land use and 7
transport planning by-- 8
(i) evaluating the effectiveness of proposed and 9
existing transport systems in the State; and 10
(ii) developing and implementing integrated regional 11
transport plans that complement the objectives of 12
regional and land use plans in the State; and 13
(b) ensuring the effective planning and development of 14
transport infrastructure; and 15
(c) developing and implementing travel demand 16
management initiatives, including marketing and 17
promotion initiatives, to more efficiently use road 18
capacity.'. 19
113 Amendment of s 37 (Delegation by the Minister or the 20
chief executive) 21
Section 37(1), `, chief executive, or SEQTA chief 22
executive'-- 23
omit, insert-- 24
`or the chief executive'. 25
Page 59
Transport Operations (TransLink Transit Authority) Bill 2008
Schedule 1
Schedule 1 Service contract areas or 1
routes for the TransLink area 2
section 7(1)(a) 3
· Arana Hills, Albany Creek and DayboroPetrie
service contract area/route
· Bribie Island and Bribie IslandCaboolture service
contract area/route
· Brisbane service contract area/route
· Burbank/McKenzie service contract area/route
· Caboolture service contract area/route
· Camira/Springfield and Wacol Railway Station to
Inala Plaza via Carole Park, Ellengrove, Forest Lake
and Doolandalla service contract area/route
· Cleveland/Redland Bay service contract area/route
· Deception Bay/Narangba service contract area/route
· Gold Coast service contract area
· Gold CoastCoomera service contract area
· Ipswich/Goodna service contract area
· Logan service contract area
· Park Ridge and BeaudesertBrisbane service contract
area/route
· OrmeauBeenleigh service contract route
· Redcliffe, Kallangur, Petrie and RedcliffeBrisbane
service contract area/route
· Samford ValleyFerny Grove service contract route
· Strathpine and Murrumba Downs service contract
area/route
· Sunshine Coast service contract area
· Sunshine Coast service contract area no. 2
Page 60
Transport Operations (TransLink Transit Authority) Bill 2008
Schedule 2
Schedule 2 Dictionary 1
section 6 2
appointed member see section 19(a), (c) and (d). 3
appropriately qualified, in relation to a delegated function or 4
power, includes having the qualifications, experience or 5
standing to perform the function or exercise the power. 6
Example of standing-- 7
a person's classification level in the public service 8
board means the board of TransLink. 9
chairperson means the chairperson of TransLink. 10
chief executive officer means TransLink's chief executive 11
officer appointed under section 34(1). 12
close relative, of a person, means the person's-- 13
(a) spouse; or 14
(b) parent or grandparent; or 15
(c) brother or sister; or 16
(d) child or grandchild. 17
conviction includes a finding of guilt or the acceptance of a 18
plea of guilty by a court, whether or not a conviction is 19
recorded. 20
disqualified person means any of the following-- 21
(a) a party to a contract as follows (a relevant contract)-- 22
(i) a service contact relating to the TransLink area; 23
(ii) a contract with TransLink relating to a public 24
transport system; 25
(b) a person who, under the Corporations Act, is a related 26
entity of a body corporate that is a party to a relevant 27
contract; 28
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Transport Operations (TransLink Transit Authority) Bill 2008
Schedule 2
(c) an employee of a party to a relevant contract, unless the 1
party is a local government; 2
(d) a member of the Legislative Assembly or of a 3
parliament of the Commonwealth or another State; 4
(e) a councillor of a local government; 5
(f) a person who has been convicted of an indictable 6
offence; 7
(g) a person who is or has been an insolvent under 8
administration under the Corporations Act, section 9; 9
(h) a person who is disqualified from managing 10
corporations under the Corporations Act, part 2D.6. 11
employing office means the TransLink Transit Authority 12
Employing Office established under section 36(1). 13
general route service see TOPTA, schedule 3. 14
government entity see the Public Service Act 1996, section 15
21. 16
mass transit network see section 8. 17
mass transit services means general route services for the 18
carriage of large numbers of passengers. 19
member see section 19. 20
Ministerial direction see section 39(1)(a). 21
network plan means a network plan given to the Minister 22
under section 42. 23
notice means a notice in writing. 24
service contract see TOPTA, section 38. 25
special event means an event the subject of a declaration 26
under section 47(1). 27
TOPTA means the Transport Operations (Passenger 28
Transport) Act 1994. 29
TOPTA chief executive means the chief executive of the 30
TOPTA department. 31
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Transport Operations (TransLink Transit Authority) Bill 2008
Schedule 2
TOPTA department means the department in which TOPTA 1
is administered. 2
TransLink means the TransLink Transit Authority, 3
established under section 9. 4
TransLink area see section 7. 5
work performance arrangement means an arrangement under 6
which an employee of a government entity performs work for 7
another government entity. 8
© State of Queensland 2008
Page 63
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