Schedule 4 Amendment of Transport Administration Act 1988 No 109
(Section 3)
Omit the definition of State Rail Authority from section 3 (1). Insert instead:State Rail Authority Residual Holding Corporation (or SRA Residual Holding Corporation) means the State Rail Authority Residual Holding Corporation constituted under this Act.
Omit “, the State Rail Authority” from the definition of rail authority.
[3] Section 88G Severance of rail infrastructure facilities and from leased or licensed land
Omit “, RIC or the State Rail Authority” wherever occurring in section 88G (1) and (2).Insert instead “or RIC”.
[4] Section 94 Transfer of assets, rights and liabilities
Omit “State Rail Authority” from the definition of rail authority in section 94 (6).Insert instead “SRA Residual Holding Corporation”.
Insert after section 94 (6):(7) In this section and Schedule 4, a reference to the Minister, in relation to the transfer of any assets, rights or liabilities of the SRA Residual Holding Corporation, is to be read as a reference to the Treasurer.
[6] Schedule 6 Transfer of certain staff
Insert after clause 18:(1) An order may not be made under this Part in relation to the transfer of staff to or from the SRA after the commencement of this clause.(2) In this Schedule, SRA means the State Rail Authority.
[7] Schedule 6A Powers relating to rail infrastructure facilities and land
Omit paragraph (a) of the definition of rail authority in clause 1.Insert instead:
(a) RailCorp, RIC and Transport Infrastructure Development Corporation, and
[8] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):State Revenue and Other Legislation Amendment (Budget) Act 2007
Insert at the end of Schedule 7 with appropriate Part and clause numbers:Part Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget) Act 2007
(1) On the repeal of clause 6 of Schedule 8, the person holding office as the Chief Executive of the State Rail Authority immediately before that repeal ceases to hold that office.(2) No compensation or remuneration is payable to any person because of the operation of this clause.References to State Rail Authority
(1) Subject to the regulations, a reference in any Act (other than this Act) or instrument, or in any other document, to the State Rail Authority is to be read as a reference to the SRA Residual Holding Corporation.(2) Without limiting subclause (1), the regulations may provide that a reference in any Act (other than this Act), instrument or other document to the State Rail Authority is to be read as a reference to another statutory corporation.
[10] Schedule 8, heading and heading to Part 1 of Schedule 8
Omit “State Rail Authority” wherever occurring.Insert instead “SRA Residual Holding Corporation”.
[11] Schedule 8, clause 1, Constitution of SRA Residual Holding Corporation
Insert after clause 1 (1):(1A) On and from the commencement of this subclause:(a) the corporate name of the State Rail Authority of New South Wales is changed to the State Rail Authority Residual Holding Corporation, and(b) that body, for all purposes (including the rules of private international law), continues in existence under its new name so that its identity is not affected.
Omit “State Rail Authority”.Insert instead “SRA Residual Holding Corporation”.
Insert after clause 1:In this Schedule:liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
special lease means any lease or sublease, or any associated contract or arrangement, under which the SRA Residual Holding Corporation has rights or liabilities and which is declared by the Treasurer, by order, to be a special lease for the purposes of this Schedule.
[14] Schedule 8, clause 2, Objectives of SRA Residual Holding Corporation
Omit “State Rail Authority”.Insert instead “SRA Residual Holding Corporation”.
[15] Schedule 8, clause 3, Functions of SRA Residual Holding Corporation
Omit clause 3 (1). Insert instead:(1) The SRA Residual Holding Corporation has the following functions:(a) such functions as may be necessary or convenient to enable it to exercise its rights and discharge its obligations under or in connection with a special lease or any sublease or sub-sublease of the property to which a special lease applies,(b) to acquire any or all of the property the subject of a special lease or any other property that it is necessary or convenient for the Corporation to acquire in connection with the exercise of the Corporation’s functions in relation to a special lease,(c) any other functions conferred or imposed on it by or under this or any other Act.(1A) The SRA Residual Holding Corporation may do any thing that is supplemental or incidental to the exercise of its functions.
Omit “State Rail Authority”.Insert instead “SRA Residual Holding Corporation”.
Omit the clause. Insert instead:(1) The SRA Residual Holding Corporation may sell, lease or otherwise dispose of any of its property.(2) Despite subclause (1), the SRA Residual Holding Corporation may not transfer, novate or otherwise dispose of any rights or liabilities under any special lease unless the Treasurer has determined that the disposal will not breach any term of any special lease or the disposal is required by a term of a special lease.
[18] Schedule 8, Part 2, heading
Omit “State Rail Authority”.Insert instead “SRA Residual Holding Corporation”.
Omit the clauses.
Omit the clause. Insert instead:8 Treasurer to manage and control affairs of SRA Residual Holding Corporation
(1) The affairs of the SRA Residual Holding Corporation are to be managed and controlled by the Treasurer.(2) Any act, matter or thing done in the name of, or on behalf of, the SRA Residual Holding Corporation by the Treasurer is taken to have been done by the Corporation.
Omit the clause.
Omit the clause. Insert instead:10 Delegation of functions of SRA Residual Holding Corporation
(1) The SRA Residual Holding Corporation may delegate to any person any of the functions of the Corporation, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the SRA Residual Holding Corporation if the delegate is authorised in writing to do so by the Corporation.(3) In this clause, authorised person means:(a) a member of staff of the SRA Residual Holding Corporation, or(b) a person of a class prescribed by the regulations or approved by the Treasurer.
[23] Schedule 8, clauses 11 and 12
Omit the clauses. Insert instead:11 Staff of SRA Residual Holding Corporation
(1) The SRA Residual Holding Corporation may arrange for the use of the services of any staff or facilities of any government department or public authority, including the staff or facilities of RailCorp, RIC or the New South Wales Treasury Corporation.(2) A person whose services are made use of by the SRA Residual Holding Corporation under subclause (1) is taken to be a member of staff of the Corporation.(3) Without limiting subclause (1), the SRA Residual Holding Corporation may appoint any such person to a position with the Corporation that is designated by the Corporation and may remove the person from that designated position at any time.
[24] Schedule 8, clauses 13–15 and 17
Omit the clauses.
Omit “State Rail Authority”.Insert instead “SRA Residual Holding Corporation”.
Omit the clause. Insert instead:The seal of the SRA Residual Holding Corporation is to be kept by the Treasurer and affixed to a document only:(a) in the presence of the Treasurer or a member of staff of the Corporation authorised by the Treasurer, and(b) with an attestation by the signature of the Treasurer or that member of staff of the fact of the affixing of the seal.
Omit the clause.
[28] Schedule 8, clause 19 Dissolution of SRA Residual Holding Corporation and subsidiaries
Omit “State Rail Authority” wherever occurring.Insert instead “SRA Residual Holding Corporation”.
[29] Schedule 8, clause 19 (1A)
Insert after clause 19 (1):(1A) A proclamation may not be made under subclause (1) unless the Treasurer has certified that the dissolution of the SRA Residual Holding Corporation will not result in a breach of any term of a special lease.
[30] Schedule 8, clause 19 (2) and (5)
Omit “the Authority” wherever occurring.Insert instead “the Corporation”.
[31] Schedule 8, clause 19 (3)
Insert “except that, in so applying those provisions, a reference to the Minister is to be read as a reference to the Treasurer” after “rail authority”.
[32] Schedule 8, clause 19 (4)
Omit the subclause.
Omit the clause.
[34] Schedule 8, clause 21 References to SRA Residual Holding Corporation
Omit “State Rail Authority” wherever occurring.Insert instead “SRA Residual Holding Corporation”.
[35] Schedule 8, clause 22 Previous transfer of assets, rights and liabilities of SRA Residual Holding Corporation
Omit “State Rail Authority” wherever occurring.Insert instead “SRA Residual Holding Corporation”.
[36] Schedule 8, clause 23 Previous transfer of staff of SRA Residual Holding Corporation
Omit “State Rail Authority” wherever occurring.Insert instead “SRA Residual Holding Corporation”.