Division 4Division 4 Miscellaneous provisions relating to transport authorities
107 Definition of “transport authority”
(1) In this Division, transport authority means:(a) RailCorp, or(a1) the Independent Transport Safety Regulator, or(a2) TfNSW, or(b) the State Transit Authority, or(c) RMS, or(c1) Sydney Ferries, or(c2)–(d) (Repealed)(e) Sydney Metro.(2), (3) (Repealed)
(1) There shall be 3 transport districts, namely:(a) the Metropolitan transport district, and(b) the Newcastle transport district, and(c) the Wollongong transport district,with boundaries as prescribed by the regulations.(2) The regulations may from time to time:(a) establish other transport districts, or(b) vary any transport district, established under subsection (1) or this subsection, by adding any area to it or by excluding any area from it, or(c) amalgamate and re-name any transport districts so established.
(1) The seal of an Authority shall be kept by the Chief Executive of the Authority and shall be affixed to a document only:(a) in the presence of that Chief Executive or a member of the staff of the Authority authorised in that behalf by that Chief Executive, and(b) with an attestation by the signature of that Chief Executive or that member of staff of the fact of the affixing of the seal.(2) In this section:Authority means any of the following:
(a) RailCorp,(a1) TfNSW,(b) RMS,(c) State Transit Authority,(d) Sydney Ferries,(e), (f) (Repealed)(g) Independent Transport Safety Regulator.
110 Miscellaneous provisions relating to contracts of transport authority
(1) A contract or arrangement made or entered into by a transport authority for the carrying out of works or the performance of services may provide for:(a) the whole or any part of the works to be undertaken by the authority, or(b) the whole or any part of the cost of the works to be paid by the authority, or(c) a loan to be made by the authority to meet the whole or any part of the cost of the works, or(d) the authority to pay the whole or any part of the cost of providing the services during a specified period.(2) A transport authority may make and enter into contracts or agreements for the payment of money (or the carrying out of works) in settlement of a claim brought against the authority for compensation or damages in relation to the functions of the authority.(3) A contract under this section shall be deemed for the purposes of the Constitution Act 1902 to be a contract for or on account of the Public Service of New South Wales.
(1) If any transport dispute arises:(a) between one transport authority and another transport authority, or(b) between a transport authority and a public authority,either party may refer the matter to the Minister.(1A) If any dispute with respect to the carrying out of the functions of TfNSW under this Act arises between TfNSW and a public authority (other than a transport authority), either party may refer the matter to the Minister.(2) If the Minister is not the Minister responsible for an authority that is a party to a dispute under this section, the dispute may be referred instead (or in addition) to the Minister responsible for that authority.(3) In this section:public authority means any public or local authority constituted by or under an Act, and includes the council of a local government area, a government department and an administrative office.
transport dispute means a dispute with respect to the carrying out of the functions of a transport authority under this or any other Act.
(4) For the purposes of this section, the Minister administering the Local Government Act 1993 shall be taken to be the Minister responsible for the council of a local government area.(5) This section does not apply to a dispute between the Independent Transport Safety Regulator and another transport authority relating to a matter referred to in section 42P (2).
112 Personal liability of certain persons
(1) No matter or thing done or omitted to be done by a transport authority, a member of a transport authority or a person acting under the direction of a transport authority or of a member of a transport authority shall, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject a member of a transport authority or a person so acting personally to any action, liability, claim or demand.(2) In this section:member of a transport authority includes the Chief Executives of the State Transit Authority, RailCorp, the Independent Transport Safety Regulator, Sydney Ferries and RMS, the Director-General and the Chairperson of the Independent Transport Safety Advisory Board.
transport authority includes:
(a) a Board of Inquiry established under the Passenger Transport Act 1990, and(b) the Chief Investigator.
(1) The exercise of a function by a transport authority is not invalidated because it is exercised in contravention of a direction by the Minister or TfNSW.(2) If a recommendation by a transport authority is a condition precedent to the exercise of a function by the Minister, the exercise of the function by the Minister is evidence of the making of the recommendation.
115 Recovery of charges etc by transport authority
Any charge, fee, toll or money due to a transport authority, or to the Crown in respect of the activities of a transport authority, may be recovered by the authority as a debt in any court of competent jurisdiction.
116 Liability of vehicle owner for parking offences on Authority’s land
(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of the parking offence as if the person were the actual offender.(2) Nothing in this section affects the liability of the actual offender, but if a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.(3) The owner of a vehicle is not guilty of an offence by virtue of this section if the owner satisfies:(a) in any case where the offence is dealt with under section 117—an authorised officer described in the penalty notice served under that section, or(b) in any other case—the court,that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if:(a) in any case where the offence is dealt with under section 117, the owner:(i) within 21 days after service on the owner of a penalty notice under that section alleging that the owner is guilty of the offence, supplies by statutory declaration to an authorised officer described in the notice the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies such an authorised officer that the owner did not know and could not with reasonable diligence have ascertained that name and address, or(b) in any other case, the owner:(i) within 21 days after service on the owner of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or(ii) satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address.(5) Any such statutory declaration if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.(6) Any such statutory declaration which relates to more than one offence shall be deemed not to be a statutory declaration under, or for the purposes of, subsection (4).(7) In this section:owner, in relation to a vehicle, includes:
(a) every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement (but not the lessor under any such agreement), and(b) in the case of a motor vehicle:(i) a registered operator of the vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997, except where the person has sold or otherwise disposed of the vehicle and has complied with any applicable provisions of the Traffic Act 1909 or Road Transport (Vehicle Registration) Act 1997 (or regulations made under either Act) in respect of the sale or disposal, and(ii) in the case of a vehicle to which a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997 is affixed—the person to whom the trader’s plate has been issued, and(iii) a person who, by a regulation referred to in section 15 (2) (j) of the Road Transport (Vehicle Registration) Act 1997, is to be treated as being, for the purposes of section 18A of the Traffic Act 1909, the owner of the vehicle.parking offence means any offence against a regulation made for or with respect to the standing or parking of vehicles on land vested in RailCorp, TfNSW, Sydney Ferries or the State Transit Authority.
117 Penalty notices for certain offences
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed or is guilty of an offence under this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.(3) A penalty notice:(a) may be served personally or by post, or(b) if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 116, may be addressed to the owner without naming the owner or stating the address of the owner and may be served by leaving it on or attaching it to the vehicle.(4) If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.(5) Payment under this section shall not be regarded as an admission of liability for the purposes of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(6) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences.(7) The amount of a penalty prescribed under this section for an offence shall not exceed the maximum amount of penalty which could be imposed for the offence by a court.(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.(9) In this section, authorised officer means:(a) a member of the NSW Police Force, or(b) a person declared by the regulations to be an authorised officer for the purposes of this section.
Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(1A) Without limiting subclause (1), the regulations may prescribe fees in respect of the performance by RMS of the functions of a Regulatory Authority under the Interstate Road Transport Act 1985 of the Commonwealth.(2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
120 Savings, transitional and other provisions
Schedule 7 has effect.