Transport Administration Act 1988 No 109
Historical version for 1 January 2004 to 31 May 2004 (accessed 20 December 2014 at 08:42) Current version
Schedule 8

Schedule 8 State Rail Authority

(Section 128)

Part 1 Constitution and functions of State Rail Authority

1   Constitution of SRA

(1)  The corporation constituted under section 4 immediately before the commencement of this clause is continued by this clause with the corporate name of the State Rail Authority of New South Wales.
(2)  The State Rail Authority:
(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   Objectives of State Rail Authority

The objectives of the State Rail Authority 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.

3   Functions of State Rail Authority

(1)  The State Rail Authority has the following functions:
(a)  to facilitate the transfer of its staff, assets, rights and liabilities to RailCorp, Rail Infrastructure Corporation and other bodies under this Act,
(b)  to hold on behalf of the State, retain, transfer or dispose of assets, rights and liabilities,
(c)  to carry on any business or activity that relates to its assets, rights and liabilities or that is ancillary to those assets, rights or liabilities,
(d)  to acquire and develop any land,
(e)  to make and enter contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials,
(f)  to make and enter contracts or arrangements with any person for the operation by that person, on such terms as may be agreed on, of any of the Authority’s services or businesses,
(g)  to appoint agents and act as agent for other persons,
(h)  to do any other thing that is supplemental or incidental to the exercise of its functions,
(i)  any other functions conferred or imposed on it by or under this or any other Act.
(2)  The State Rail Authority may exercise its functions within or outside New South Wales.

4   Sale, lease or other disposal of land

(1)  The State Rail Authority may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.
(2)  Despite subclause (1), the approval of the Minister is not required:
(a)  for any lease for a term not exceeding 5 years, or
(b)  for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.
(3)  The Minister may delegate the power of approval under this clause to the Chief Executive of the State Rail Authority, a member of staff of the Ministry of Transport or a person of a class prescribed by the regulations.

Part 2 Management of State Rail Authority

5   Old Board to continue for limited period

(1)  The State Rail Authority Board, as constituted under Part 2 of this Act immediately before the commencement of this clause, continues in force and may exercise any functions that it was entitled to exercise immediately before that commencement.
(2)  Sections 9 and 13 and Schedule 1, as in force before the commencement of this clause, continue to have effect in relation to the State Rail Authority Board.
(3)  Subclauses (1) and (2) cease to have effect 6 months after that commencement or on such later day as may be prescribed by the regulations.
(4)  A person who, immediately before subclause (1) ceases to have effect, held the office of a member of the State Rail Authority Board, ceases to hold that office on the date subclause (1) ceases to have effect and is not entitled to any remuneration or compensation because of that loss of office.

6   Chief Executive of State Rail Authority

(1)  The Governor may appoint a Chief Executive of the State Rail Authority.
(2)  The employment of the Chief Executive is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 2 of that Act.
(3)  The person who held office as Chief Executive immediately before the commencement of this clause is taken to have been duly appointed under this clause as Chief Executive:
(a)  for the remainder of the term for which the person was appointed under that Part, and
(b)  on the same terms and conditions.

7   Acting Chief Executive

(1)  The Minister may, from time to time, appoint a person to act in the absence or illness of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and is taken to be the Chief Executive.
(2)  The Minister may, at any time, remove any person from an office to which the person was appointed under this clause.
(3)  A person while acting in the office of Chief Executive is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(4)  For the purposes of this clause, a vacancy in the office of Chief Executive is to be regarded as an absence from office of the Chief Executive.

8   Chief Executive to manage and control affairs of State Rail Authority

(1)  The affairs of the State Rail Authority are to be managed and controlled by the Chief Executive of the Authority.
(2)  Any act, matter or thing done in the name of, or on behalf of, the State Rail Authority by the Chief Executive is taken to have been done by the Authority.
(3)  The Chief Executive is, in the exercise of the Chief Executive’s functions, subject to the direction and control of the Minister.
(4)  Until clause 5 (1) ceases to have effect, the Chief Executive is to manage and control the affairs of the State Rail Authority in accordance with the policies of the State Rail Authority Board.

9   Ministerial control

The State Rail Authority (and its Chief Executive) are, in the exercise of their functions, subject to the direction and control of the Minister.

10   Delegation of functions of SRA

(1)  The State Rail Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation.
(2)  A delegate may sub-delegate to an authorised person any function delegated by the State Rail Authority if the delegate is authorised in writing to do so by the Authority.
(3)  In this section, authorised person means:
(a)  an officer of the State Rail Authority, or
(b)  a person of a class prescribed by the regulations or approved by the Minister.
(4)  A delegation by the State Rail Authority, and in force immediately before the commencement of this clause, continues in force (but may be revoked or amended) to the extent that it relates to functions of the Authority re-enacted in this Schedule.

11   Staff of State Rail Authority

(1)  The State Rail Authority may employ such staff as it requires to exercise its functions.
(2)  The State Rail Authority may fix the salary, wages and conditions of employment of its staff in so far as they are not fixed by or under any other Act or law.
(3)  Sections 66–68 and Schedule 5 apply to the State Rail Authority and to staff of the State Rail Authority.
(4)  Any members of staff of the State Rail Authority employed immediately before the commencement of this clause are taken to be members of staff employed under this Schedule.
(5)  This clause does not prevent a member of staff of the State Rail Authority from being transferred under this Act.

12   Regulations relating to staff

(1)  The regulations may make provision for or with respect to the employment of the staff of the State Rail Authority, including the conditions of employment and the discipline of any such staff.
(2)  Any such regulations relating to the conditions of employment or the discipline of staff:
(a)  have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the State Rail Authority is a party, and
(b)  have effect despite any determination of the State Rail Authority under clause 11, and
(c)  may provide for appeals by members of staff in connection with their employment, including appeals to a Transport Appeal Board constituted under the Transport Appeal Boards Act 1980, and
(d)  have effect subject to Part 3.1 of the Public Sector Employment and Management Act 2002.
(3)  Any regulations in force under section 58 immediately before the commencement of this clause continue in force and are taken to have been made under this clause.

Part 3 Financial provisions

13   State Rail Authority Fund

The State Rail Authority Fund established under section 69 immediately before the commencement of this clause is continued.

14   Payments into and from State Rail Authority Fund

(1)  There is to be paid into the State Rail Authority Fund:
(a)  all money received by or on account of the State Rail Authority, and
(b)  all money advanced to the State Rail Authority by the Treasurer or appropriated by Parliament for the purposes of the Authority, and
(c)  all other money required by or under this or any other Act to be paid into the Fund.
(2)  There is to be paid from the State Rail Authority Fund:
(a)  all payments made on account of the State Rail Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, and
(b)  all other payments required by or under this or any other Act to be paid from the Fund.

15   Payment of dividend to Treasurer

(1)  The State Rail Authority must pay to the Treasurer, out of any surplus for a financial year, a dividend determined by the Minister.
(2)  The Minister must not make a determination under this clause unless:
(a)  the Minister has had regard to the advice of the State Rail Authority on the financial affairs of the Authority and any recommendation with respect to the determination, and
(b)  the Treasurer approves of the determination.

16   Financial duties generally

Sections 81 and 82 apply to the State Rail Authority.

17   Minister may direct payments into or from different Funds

Any money required by or under this or any other Act to be paid into either the State Rail Authority Fund or the State Transit Authority Fund must, if the Minister so directs, be paid into the other Fund.

Part 4 Miscellaneous

18   Application of miscellaneous provisions

(1)  Sections 109, 110, 111, 112, 113 and 115 apply to the State Rail Authority, the Chief Executive of the Authority, the State Rail Authority Board or a person acting under the direction of any of them in the same way as they apply to or in respect of an Authority, a transport authority, a member of a transport authority or a person acting under the direction of a transport authority or a member of a transport authority.
(2)  Schedule 6B applies to the State Rail Authority in the same way that it applies to a rail authority.

19   Dissolution of SRA and subsidiaries

(1)  The Governor may, by proclamation published in the Gazette, appoint a day on which the State Rail Authority is to be dissolved.
(2)  On that day, the State Rail Authority, and each State Rail Authority subsidiary, are dissolved and any assets, rights and liabilities of the Authority and any subsidiary become assets, rights and liabilities of the Crown.
(3)  Section 94 and Schedule 4 apply to the assets, rights and liabilities vested in the Crown under this clause in the same way as they apply to the assets, rights and liabilities of a rail authority.
(4)  Despite subclause (3), the Minister may not transfer an asset, right or liability vested in the Crown under this clause, except with the concurrence of the Treasurer.
(5)  Regulations of a savings and transitional nature may be made consequent on the dissolution of the State Rail Authority and any subsidiary of the Authority.

20   Chief Executive of SRA

The person who, immediately before the dissolution of the State Rail Authority held office as Chief Executive of the Authority ceases to hold that office and is not entitled to any remuneration or compensation because of the loss of that office.

21   References to SRA

(1)  On the dissolution of the State Rail Authority, a reference in any other Act or instrument made under any other Act or in any other instrument of any kind to the State Rail Authority is, except as provided by the regulations, taken to be a reference to RailCorp.
(2)  This clause has effect subject to any transfers of assets, rights and liabilities under this Act.

22   Previous transfers of assets, rights and liabilities of SRA

Nothing in this Schedule affects the transfer, before the dissolution of the State Rail Authority, of any assets, rights or liabilities of the State Rail Authority under this Act and Schedule 4 continues to apply to or in respect of any such transfer.

23   Previous transfers of staff of SRA

Nothing in this Schedule affects the transfer, before the dissolution of the State Rail Authority, of any staff of the State Rail Authority under this Act and Schedule 6 continues to apply to or in respect of any such transfer.
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