Transport Administration Act 1988 No 109
Historical version for 1 January 2004 to 31 May 2004 (accessed 29 November 2014 at 07:25) Current version
Part 9Division 1A

Division 1A Miscellaneous provisions relating to rail authorities

90   State rail operators not common carriers

(1)  A State rail operator is not a common carrier.
(2)  Subsection (1) does not affect any contract or arrangement for the carriage of passengers or freight between a State rail operator and any other person in which the operator accepts the risk and liability of a common carrier.

91   Regulations relating to railway and other transport services

(1)  The regulations may make provision for or with respect to the railway and other transport services operated by a State rail operator.
(2)  In particular, the regulations may make provision for or with respect to the following matters:
(a)  the terms and conditions on which:
(i)  passengers are carried, and
(ii)  passengers’ luggage and freight are collected, received, kept, carried or delivered,
(b)  the use of and access to facilities or property owned by or under the control of a State rail operator,
(c)  the protection and preservation of facilities or property owned by or under the control of a State rail operator,
(d)  security, safety and order on railways and trains,
(e)  the sale or other disposal of unclaimed goods and luggage in the possession of a State rail operator and the disposal of the proceeds of any such sale,
(f)  the standing or parking of vehicles on land vested in a State rail operator.

92   Limitation of compensation in respect of damage to property by fire

In any action brought against a rail authority for damages or compensation in respect of loss of or damage or injury to property (whether sustained before or after the commencement of this section) because of fire alleged to have been caused by:
(a)  any act or thing done or omitted to be done by the rail authority in the operation of its railway services or in the exercise of its functions under this Act, or
(b)  any person for whose act or omission the rail authority is liable,
the maximum sum recoverable is $50,000 or such other amount as may be prescribed by the regulations.

93   Search of vehicles and luggage on certain railway premises

(1)  An authorised officer may:
(a)  stop any vehicle or person on any land that is vested in or under the control of a State rail operator and that is used for the receipt, dispatch or delivery of any luggage or freight, and
(b)  search any such vehicle or any luggage or other article on that vehicle or in the possession of any such person, and
(c)  require any such person to produce consignment notes, delivery dockets or other documents relating to the receipt, dispatch, delivery or ownership of any such luggage or article, and
(d)  seize any such luggage or article that the authorised officer has reasonable grounds for suspecting has been stolen.
(2)  The power of an authorised officer to search includes the power to open any part of the vehicle or any luggage or other article on the vehicle or in the possession of the person.
(3)  Any person who:
(a)  obstructs or hinders an authorised officer when exercising any power under this section, or
(b)  does not comply with any reasonable requirement made for the purposes of this section by an authorised officer,
is guilty of an offence.

Maximum penalty: 20 penalty units.

(4)  An authorised officer must produce his or her authority if requested to do so by any person required to comply with a requirement made by that officer for the purposes of this section.
(5)  No personal liability is incurred by an authorised officer for any act done or omitted in good faith under this section.
(6)  In this section:

authorised officer means an officer of a State rail operator, or a person employed in the transit police service, appointed in writing by the chief executive officer of the State rail operator to be an authorised officer.

authority means the written instrument by which an authorised officer is appointed.

94   Transfers of assets, rights and liabilities

(1)  The Minister may, by order in writing, direct that the assets, rights or liabilities of a specified rail authority, or any subsidiary of a rail authority, that are specified or referred to in the order, be transferred to another rail authority, a subsidiary of a rail authority, a State owned corporation, the Crown or any other person or body acting on behalf of the Crown.
(2)  The Minister may, by further order under this section, further direct the transfer any assets, rights or liabilities previously transferred under this section.
(3)  An order under this section may be subject to specified terms and conditions.
(4)  Schedule 4 applies to the transfer of assets, rights and liabilities under this section.
(5)  Words and expressions used in this section have the same meanings as they have in Schedule 4.
(6)  In this section:

rail authority includes the State Rail Authority, the Transport Administration Corporation, the Director-General and any other person or body prescribed by the regulations.

95   Transfer of staff

Schedule 6 has effect.

96   Person may be a member of one or more boards or CEO of more than one authority

Nothing in this or any other Act prevents a person from being a member of the board of one or more rail authorities or the chief executive officer of one or more rail authorities.
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