Transport Administration Act 1988 No 109
Current version for 4 July 2014 to date (accessed 28 November 2014 at 04:06)
Part 8Division 5

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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