Transport Administration Act 1988 No 109
Historical version for 7 January 2011 to 30 January 2011 (accessed 18 December 2014 at 18:15) Current version
Part 8

Part 8 Financial provisions

Division 1 Financial provisions relating to RailCorp

69   RailCorp Fund

There is established in the Special Deposits Account a fund called the RailCorp Fund.

70   Payments into RailCorp Fund

There is to be paid into the RailCorp Fund:
(a)  all money received by or on account of RailCorp, and
(b)  all money advanced to RailCorp by the Treasurer, and
(c)  all money:
(i)  appropriated by Parliament for the purposes of Transport NSW and allocated to RailCorp by the Director-General, or
(ii)  otherwise appropriated by Parliament for the purposes of RailCorp, and
(d)  all fines and penalties recovered for offences under the regulations under section 91, or under section 95 of the Rail Safety Act 2002 or under section 131 of the Rail Safety Act 2008, in connection with railway services operated by RailCorp (but only if proceedings or penalty notices for the offences were instituted or issued by RailCorp or an employee of RailCorp), and
(e)  the proceeds of the investment of money in the Fund, and
(f)  all other money required by or under this or any other Act to be paid into the Fund.

71   Payments from RailCorp Fund

There is to be paid from the RailCorp Fund:
(a)  all payments made on account of RailCorp or otherwise required to meet expenditure incurred in relation to the functions of RailCorp, and
(b)  all other payments required by or under this or any other Act to be paid from the Fund.

72   (Repealed)

Division 1A Financial provisions relating to Transport Construction Authority

72A   TCA Fund

There is established in the Special Deposits Account a fund called the Transport Construction Authority Fund (the TCA Fund).

72B   Payments into TCA Fund

There is to be paid into the TCA Fund:
(a)  all money received by or on account of the Transport Construction Authority, and
(b)  all money advanced to the Transport Construction Authority by the Treasurer, and
(c)  all money:
(i)  appropriated by Parliament for the purposes of Transport NSW and allocated to the Transport Construction Authority by the Director-General, or
(ii)  otherwise appropriated by Parliament for the purposes of the Transport Construction Authority, and
(d)  all other money required by or under this or any other Act to be paid into the TCA Fund.

72C   Payments from TCA Fund

There is to be paid from the TCA Fund:
(a)  all payments made on account of the Transport Construction Authority or otherwise required to meet expenditure incurred in relation to the functions of the Transport Construction Authority, and
(b)  all other payments required by or under this or any other Act to be paid from the TCA Fund.

72D   (Repealed)

Division 2 Financial provisions relating to State Transit Authority

73   State Transit Authority Fund

There shall be established in the Special Deposits Account in the Treasury a State Transit Authority Fund.

74   Payments into State Transit Authority Fund

There shall be paid into the State Transit Authority Fund:
(a)  all money received by or on account of the State Transit Authority, and
(b)  all money advanced to the State Transit Authority by the Treasurer, and
(b1)  all money:
(i)  appropriated by Parliament for the purposes of Transport NSW and allocated to the State Transit Authority by the Director-General, or
(ii)  otherwise appropriated by Parliament for the purposes of the State Transit Authority, and
(c)  all fines and penalties recovered for offences under the regulations under section 104, or under the regulations under section 63 of the Passenger Transport Act 1990 in connection with bus services or Newcastle ferry services operated by the State Transit Authority (but only if proceedings or penalty notices for the offences were instituted or issued by that Authority or an employee of that Authority), and
(d)  all other money required by or under this or any other Act to be paid into the Fund.

75   Payments from State Transit Authority Fund

There shall be paid from the State Transit Authority Fund:
(a)  all payments made on account of the State Transit 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.

76   Payment of dividend to Treasurer

(1)  The State Transit Authority shall pay to the Treasurer, out of any surplus for a financial year, such dividend as the Minister determines.
(2)  The Minister shall not make a determination under this section unless:
(a)  the Minister has had regard to the advice of the State Transit Authority on the financial affairs of the Authority and any recommendation with respect to the determination, and
(b)  the Treasurer approves of the determination.

Division 2A

76A–76C(Repealed)

Division 3 Financial provisions relating to Roads and Traffic Authority

77   Roads and Traffic Authority Fund

There shall be established in the Special Deposits Account in the Treasury a Roads and Traffic Authority Fund.

78   Payments into Roads and Traffic Authority Fund

(1)  There shall be paid into the Roads and Traffic Authority Fund:
(a)  all money:
(i)  advanced to the Roads and Traffic Authority by the Treasurer, or
(ii)  appropriated by Parliament for the purposes of Transport NSW and allocated to the Roads and Traffic Authority by the Director-General, or
(iii)  otherwise appropriated by Parliament for the purposes of the Roads and Traffic Authority,
but excluding money advanced or appropriated for such non-capital expenditure as may be prescribed by the regulations, and
(b)  all money received by or on account of the Roads and Traffic Authority, except:
(i)  any tax paid under the Motor Vehicles Taxation Act 1988 or charges and administration fees paid under Part 2A of the Road Transport (Vehicle Registration) Act 1997, and
(ii)  any fees or charges prescribed under the Traffic Act 1909, the Road Transport (Vehicle Registration) Act 1997, the Driving Instructors Act 1992 or the Recreation Vehicles Act 1983, and any fees paid under the Road Transport (Driver Licensing) Act 1998, and
(iia)  any money received under the Tow Truck Industry Act 1998, and
(iii)  any money excluded from paragraph (a), and
(iv)  any money excluded from this paragraph by the regulations, and
(c)  all money borrowed under the Public Authorities (Financial Arrangements) Act 1987 or any other Act, and
(d)  interest paid by the Treasurer, at the rate agreed by the Treasurer and the Roads and Traffic Authority, on the monthly balance of the Fund, and
(e)  (Repealed)
(f)  all other money required by or under this or any other Act to be paid into the Fund.
(2)  Regulations shall not be made under this section without the concurrence of the Treasurer.

79   Payments from Roads and Traffic Authority Fund

There shall be paid from the Roads and Traffic Authority Fund:
(a)  all payments made on account of the Roads and Traffic Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, other than payments for such non-capital expenditure as may be prescribed by the regulations under section 78 (1) (a), and
(b)  all other payments required by or under this or any other Act to be paid from the Fund.

80   Expenditure on certain State works

(1)  Money in the Roads and Traffic Authority Fund may not be used for the construction or maintenance of a State work unless it is money provided for the purpose by Parliament.
(2)  In this section, State work means a State work within the meaning of the Roads Act 1993, but does not include a road or work deemed by section 4 (5) of the former State Roads Act 1986 to be a State work.

80A   Payments of subsidies to councils for traffic route lighting

(1)  The Authority may, with the approval of the Minister, grant annual subsidies to councils for the lighting, to a standard approved by the Authority, of traffic routes.
(2)  Before granting any such subsidy the Authority may require a council to enter into an agreement with the Authority to secure the carrying out of the purposes for which, and the terms and conditions on and subject to which, the subsidy is granted.

80B   Authority to make available money for subsidies

(1)  In the period of 12 months commencing on 1 July each year, the Authority must make available the amount of subsidies that the Minister with the concurrence of the Treasurer estimates will be granted to councils under this Part in that period of 12 months.
(2)  The Minister, before the commencement of each period of 12 months referred to in subsection (1), is to serve a notice on the Authority specifying the amount of the payment required.
(3)  An amount payable under this section in any period of 12 months is to be paid in such sum or sums, at such time or times during that period and in such manner as the Minister may require in and by the notice referred to in subsection (2).
(4)  The Authority may make the whole or any part of a payment required by this section out of the Roads and Traffic Authority Fund.

80C   Payments of subsidies to electricity distribution network service providers for removal or relocation of electricity structures

(1)  The Authority may, with the approval of the Minister, grant subsidies to an electricity distribution network service provider for or towards the cost of removing or relocating electricity structures erected, within the distribution district of the provider, on or adjacent to public roads, being electricity structures which the Authority has determined require removal or relocation for the purposes of traffic safety.
(2)  Before granting any such subsidy, the Authority may require an electricity distribution network service provider referred to in subsection (1) to enter into an agreement with the Authority to secure the carrying out of the purposes for which, and the terms and conditions upon and subject to which, the subsidy is granted.

Division 3A Financial provisions relating to Sydney Ferries

80D   Sydney Ferries Fund

There is established in the Special Deposits Account a fund called the Sydney Ferries Fund.

80E   Payments into Sydney Ferries Fund

There is to be paid into the Sydney Ferries Fund:
(a)  all money received by or on account of Sydney Ferries, and
(b)  all money advanced to Sydney Ferries by the Treasurer, and
(c)  all money:
(i)  appropriated by Parliament for the purposes of Transport NSW and allocated to Sydney Ferries by the Director-General, or
(ii)  otherwise appropriated by Parliament for the purposes of Sydney Ferries, and
(d)  all fines and penalties recovered for offences under the regulations under section 104, or under section 63 of the Passenger Transport Act 1990, in connection with ferry services operated by Sydney Ferries (but only if proceedings or penalty notices for the offences were instituted or issued by Sydney Ferries or an employee of Sydney Ferries), and
(e)  the proceeds of the investment of money in the Fund, and
(f)  all other money required by or under this or any other Act to be paid into the Fund.

80F   Payments from Sydney Ferries Fund

There is to be paid from the Sydney Ferries Fund:
(a)  all payments made on account of Sydney Ferries or otherwise required to meet expenditure incurred in relation to the functions of Sydney Ferries, and
(b)  all other payments required by or under this or any other Act to be paid from the Fund.

Division 3B Financial provisions relating to Country Rail Infrastructure Authority

80G   CRIA Fund

There is established in the Special Deposits Account a fund called the Country Rail Infrastructure Authority Fund (the CRIA Fund).

80H   Payments into CRIA Fund

There is to be paid into the CRIA Fund:
(a)  all money received by or on account of the Country Rail Infrastructure Authority, and
(b)  all money advanced to the Country Rail Infrastructure Authority by the Treasurer, and
(c)  all money:
(i)  appropriated by Parliament for the purposes of Transport NSW and allocated to the Country Rail Infrastructure Authority by the Director-General, or
(ii)  otherwise appropriated by Parliament for the purposes of the Country Rail Infrastructure Authority, and
(d)  all other money required by or under this or any other Act to be paid into the CRIA Fund.

80I   Payments from CRIA Fund

There is to be paid from the CRIA Fund:
(a)  all payments made on account of the Country Rail Infrastructure 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 CRIA Fund.

Division 4 Financial provisions relating to Authorities generally

81A   Definition

In this Division:

Authority means any of the following:

(a)  RailCorp,
(b)  Roads and Traffic Authority,
(c)  State Transit Authority,
(d)  Sydney Ferries,
(e)  Transport Construction Authority,
(f)  Country Rail Infrastructure Authority,
(g)  until its dissolution, the Public Transport Ticketing Corporation.

81   Financial duties of the Authorities

(1)  It is the duty of each Authority, in the exercise of its functions, to operate as efficiently and economically as possible and, in particular:
(a)  to exercise efficiency and economy in incurring expenditure, and
(b)  to manage its financial affairs in such a manner as not to incur commitments involving expenditure beyond levels that can be met from the expected financial resources of the Authority.
(2)  It is the duty of each Authority to submit to the Treasurer, in such manner and at such times as the Treasurer specifies:
(a)  detailed estimates of its revenue from all sources and its expenditure proposed for any period specified by the Treasurer, and
(b)  such other information relating to the financial affairs of the Authority as the Treasurer requests.

82   Financial year

(1)  The financial year of each Authority is the year commencing on 1 July.
(2)  A different financial year may be determined by the Treasurer under section 4 (1A) of the Public Finance and Audit Act 1983.

83   (Repealed)

Division 5 Charges for services of RailCorp, Sydney Ferries and State Transit Authority

84   Definitions

In this Division:

Authority means the State Transit Authority, Sydney Ferries or RailCorp.

charges includes fares, tolls, commissions and demurrage.

85   Orders fixing charges

(1)  The charges to be demanded by RailCorp in respect of its railway or other transport services or for any other purpose shall be as from time to time determined by order made by RailCorp.
(2)  The charges to be demanded by the State Transit Authority in respect of its bus or ferry services or for any other purpose shall be as from time to time determined by order made by the Authority.
(2A)  The charges to be demanded by Sydney Ferries in respect of its ferry services or for any other purpose are to be as from time to time determined by order made by Sydney Ferries.
(3)  RailCorp may make orders from time to time, not inconsistent with this Act or the regulations, for or with respect to determining the terms and conditions:
(a)  on which passengers shall be carried, and
(b)  on which passengers’ luggage and freight shall be collected, received, kept, carried or delivered.
(4)  Nothing in this section prevents an Authority from:
(a)  charging an agreed or other reasonable amount for any service or for any other purpose if the amount of the charge is not determined by an order under this Division, or
(b)  making or entering into contracts or arrangements for any service or any other purpose for which the charge is lower than that determined by the relevant order under this Division.
(5)  An order under this Division is void in respect of services for which the charges are for the time being fixed differently under the Passenger Transport Act 1990.

86   Ministerial supervision of orders fixing charges

(1)  An Authority must, before any general adjustment to their charges for passenger services, notify the Minister of the proposed adjustment and provide the Minister with details of the factors taken into account in proposing that adjustment.
(2)  When making an order determining the charges for passenger services, an Authority must have regard to any pricing policies approved by the Minister and notified to the Authority.
(3)  Unless otherwise directed by the Minister under this Act, an Authority is not bound by any such pricing policy.

87   General provisions relating to orders fixing charges

(1)  An order under this Division may:
(a)  adopt and incorporate by reference the whole or any part of a handbook, pamphlet or other document issued by an Authority, and
(b)  make provision for concessions and rebates, and
(c)  apply generally or be limited in its application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind.
(2)  An order under this Division shall be published in the Gazette and shall take effect on the date of publication of the order or a later date specified in the order.
(3)  Orders may be made under this Division providing for the issue of tickets for use in connection with more than one service.
(4)  Orders may be made by an Authority under this Division providing for the acceptance by the Authority of tickets issued by the other Authority or other persons or organisations.
(5)  If an order under this section adopts and incorporates by reference the whole or part of a handbook, pamphlet or other document issued by an Authority:
(a)  the contents of the handbook, pamphlet or other document may be proved in any court by production of a document certified under the seal of the Authority to be a true copy of the handbook, pamphlet or other document, and
(b)  subsection (2) does not require the publication in the Gazette of the handbook, pamphlet or other document or part of it, and
(c)  the Authority shall, on application made to it by any person and payment of the prescribed fee, if any, furnish to the person a copy of the handbook, pamphlet or other document, or part of it, as the case may require.
(6)  Judicial notice shall be taken of every order made, or purporting to have been made, and published in the Gazette under this Division and of the date of its publication.

88   Free or subsidised railway, bus or ferry travel

(1)  The Minister may determine the classes of persons who are entitled to be issued with a free travel pass or a concessional travel pass by an Authority.
(2)  Any person who holds a free travel pass or a concessional travel pass is entitled to travel free or to the benefit of the concession (as the case requires) on all services to which the pass applies.
(3)  Subject to any determination by the Minister, the relevant Authority may determine the conditions for the issue, cancellation and use of free travel passes and concessional travel passes.
(3A)  If the regulations so provide, persons of a class prescribed by the regulations are not entitled to be issued with a free travel pass or a concessional travel pass under this section. This subsection applies despite any determination or direction of the Minister or of an Authority or the Anti-Discrimination Act 1977.
(4)  An Authority may allow a person who is entitled to a pass under this section to travel free or to receive the concession (as the case requires) without the necessity of being issued with the pass.
(5)  An Authority is not required to issue passes under this section in accordance with a determination of the Minister if the amount of expenditure that the Authority incurs or the amount of the revenue forgone by the Authority is not reimbursed by payments under section 104EA, unless required to do so by a direction of the Minister under this Act.
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