Schedule 7 Consequential and other amendments
7.1 Transport Administration Act 1988 No 109
Omit the long title. Insert instead:An Act relating to the administration of transport; and for other purposes.
Insert in alphabetical order in section 3 (1):Advisory Council means the Transport Advisory Council established under Part 5.
[3] Section 3 (1), definitions of “Authority” and “officer”
Omit the definitions.
[4] Section 3 (1), definitions of “Ministerial Holding Corporation” and “Transport Administration Corporation”
Omit the definitions.
[5] Section 3 (1), definitions of “Roads and Traffic Advisory Council” and “Transport Advisory Group”
Omit the definitions.
Omit the subsection.
[7] Section 3A Metropolitan rail area
Omit “the Ministry of Transport” from section 3A (1).Insert instead “Transport NSW”.
Omit the subsection.
[9] Section 10 Other functions of RailCorp
Omit section 10 (3).
[10] Section 11 Acquisition of land by RailCorp
Omit “portfolio Minister” from section 11 (4).Insert instead “Director-General”.
[11] Sections 11A (3), 35EA (3) and 100 (3)
Omit the subsections.
[12] Sections 16 (2) and 35K (2)
Omit “Officer” wherever occurring.
[13] Sections 17, 29, 35L and 49 (Ministerial control)
Omit the sections.
[14] Sections 17C–17E, 32–34, 35O–35Q, 51 and 52 (Subsidiary corporations etc)
Omit the sections.
[15] Section 31 Corporate plans
Omit “(including the requirements of any direction by the Minister under section 29)” from section 31 (5).
Omit the subsection.
[17] Section 35F Acquisition of land by Sydney Ferries
Omit “portfolio Minister” from section 35F (4).Insert instead “Director-General”.
[18] Part 4 Director-General of the Ministry of Transport
Omit the Part.
Omit paragraph (f) of the definition of transport authority.
[20] Section 42J Duties of authorities and owners and operators to co-operate with ITSR
Omit “board and chief executive officer”.Insert instead “chief executive”.
[21] Part 6, Division 2 Roads and Traffic Advisory Council
Omit the Division.
Omit “certain”.
[23] Part 7, Division 1, heading
Omit “an Authority, Sydney Metro or ITSRR”.Insert instead “certain authorities”.
Omit the section. Insert instead:This Division applies to and in respect of such staff as are employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in a Division of the Government Service (other than a Department within the meaning of that Act) to enable any of the following bodies to exercise its functions:(a) Roads and Traffic Authority,(b) State Transit Authority,(c) Independent Transport Safety Regulator,(d) until their dissolution, Sydney Metro and the Public Transport Ticketing Corporation.
Omit the sections.
[26] Section 70 Payments into RailCorp Fund
Omit section 70 (b) and (c). Insert instead:(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
[27] Section 74 Payments into State Transit Authority Fund
Omit section 74 (b). Insert instead:(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
[28] Section 78 Payments into Roads and Traffic Authority Fund
Omit section 78 (1) (a). Insert instead:(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
[29] Section 80E Payments into Sydney Ferries Fund
Omit section 80E (b) and (c). Insert instead:(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
Insert before section 81: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.
[31] Section 88 Free or subsidised railway, bus or ferry travel
Omit “section 39” from section 88 (5). Insert instead “section 104EA”.
[32] Sections 93 (6) (definition of “authorised officer”) and 96 and clauses 6 (1) (b) and 7 (3) of Schedule 6A
Omit “chief executive officer” wherever occurring.Insert instead “chief executive”.
[33] Section 94 Transfers of assets, rights and liabilities
Omit “the Transport Administration Corporation,” from the definition of rail authority in section 94 (6).
[34] Section 96 Person may be chief executive of more than one authority
Omit “a member of the board of one or more rail authorities or”.
[35] Part 9, Division 1C Delegation by Minister
Omit the Division.
[36] Section 101 Acquisition of land
Insert after section 101 (3):(3A) The State Transit Authority may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Director-General.
Omit the sections.
[38] Section 104D Transport Administration Corporation
Omit the section.
Insert after section 104E:104EA Government subsidised travel schemes
(1) The Director-General is to administer, or arrange for the administration of, any scheme approved by the Minister for Government subsidised travel on passenger services.(2) If the regulations so provide, persons of a class prescribed by the regulations are not entitled to subsidised travel under any such scheme. This subsection applies despite any approval or direction of the Minister or the Anti-Discrimination Act 1977.(3) Payments required to be made in accordance with any such scheme are to be made from such money as may be provided by Parliament for the purpose.
[40] Section 104F Sale, lease or other disposal of land
Omit section 104F (2).
Omit the section. Insert instead:(1) The Director-General may, for the purpose of the exercise of the Director-General’s functions, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the Director-General to exercise his or her functions in relation to land under this Act.(3) An acquisition of land under this section is not void merely because it is expressed to be for the purposes of exercising the functions of the Director-General or for the purposes of this Act.(4) Without limiting the generality of this section, the purposes for which land may be acquired under this section include acquiring land for future use for transport infrastructure or services referred to in section 3C.
[42] Section 104J Annual reporting requirements
Omit the section.
[43] Section 104V Resolution of disputes concerning routes of light rail systems
Omit section 104V (1). Insert instead:(1) This section applies to a dispute between the relevant Ministers about a recommendation under section 104N relating to the declaration of a route of a light rail system.
Omit “the Ministry of Transport”. Insert instead “Transport NSW”.
Omit the subsection.
[46] Section 107 Definition of “transport authority”
Omit section 107 (1) (d).
Insert after section 107 (2):(3) In sections 110, 112, 113 and 115, a reference to a transport authority includes a reference to the Director-General.
[48] Section 109 Seals of Authorities
Omit “(including the ITSRR)”.
Insert at the end of the section:(2) In this section: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) Independent Transport Safety Regulator.
[50] Section 111 Referral of disputes
Insert after section 111 (1):(1A) If any dispute with respect to the carrying out of the functions of the Director-General under this Act arises between the Director-General and a public authority (other than a transport authority), either party may refer the matter to the Minister.
Omit “to the dispute”. Insert instead “to a dispute under this section”.
[52] Section 112 Personal liability of certain persons
Omit the definition of transport authority from section 112 (2). Insert instead:transport authority includes:
(a) the Independent Transport Safety Advisory Board, and(b) the Chief Investigator.
[53] Section 113 Presumption of validity
Insert “or the Director-General” after “the Minister” in section 113 (1).
[54] Part 9, Division 7 State Rail Authority
Omit the Division.
[55] Schedule 1 Constitution and procedure of Boards
Omit the Schedule.
[56] Schedule 2 Provisions relating to Chief Executives
Omit the definition of Chief Executive from clause 1. Insert instead:Chief Executive means the Chief Executive of any of the following bodies:
(a) RailCorp,(b) Roads and Traffic Authority,(c) State Transit Authority,(d) Sydney Ferries,(e) Transport Construction Authority,(f) Country Rail Infrastructure Authority.
Insert at the end of the clause:(2) This clause is subject to clauses 164 and 175 of Schedule 7.
Omit “Minister” wherever occurring. Insert instead “Director-General”.
Omit “Group and Roads and Traffic Advisory”.
Omit “(Sections 43 (3), 54 (3))”.
Omit the clause. Insert instead:In this Schedule:member means an ex-officio or appointed member of the Advisory Council.
Omit the clause. Insert instead:3 Chairperson of Advisory Council
(1) Of the appointed members of the Advisory Council, one is (in and by the member’s instrument of appointment or in and by another instrument executed by the Minister) to be appointed as Chairperson of the Advisory Council.(2) The Minister may remove a member from the office of Chairperson of the Advisory Council at any time.(3) A person who is a member and Chairperson of the Advisory Council vacates office as Chairperson if the person:(a) is removed from that office by the Minister, or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member.
[63] Schedule 3, clauses 4 (3), 7 (1) (e) and 10–14
Omit “an Advisory” wherever occurring. Insert instead “the Advisory”.
Insert after clause 9:A matter or thing done or omitted to be done by the Advisory Council, a member of the Advisory Council or a person acting under the direction of the Advisory Council does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
[65] Schedule 4 Transfer of assets, rights and liabilities
Omit “(Section 94)”.
Insert at the end of the subclause:Note. A transfer under clause 180 of Schedule 7, clause 8 of Schedule 8A and clause 8 of Schedule 9 also operates as if it were an order to which this Schedule applies.
[67] Schedule 5 Extended leave for certain staff
Omit “(Section 58)”.
Omit the definition of Authority. Insert instead: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) Independent Transport Safety Regulator,(h) until their dissolution, Sydney Metro and the Public Transport Ticketing Corporation.
[69] Schedule 6 Transfer of certain staff
Omit the Schedule.
[70] Schedule 7 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
[71] Schedule 7, clauses 106 and 138
Omit the clauses.
Insert after Part 18:Part 19 Provisions consequent on enactment of Transport Administration Amendment Act 2010
174 References to Department of Transport and Infrastructure
A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Department of Transport and Infrastructure is to be construed as a reference to Transport NSW.175 Existing chief executives of transport agencies
(1) The person holding office as the chief executive (however described) of any of the following bodies immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the body in respect of which the person formerly held office as chief executive:(a) RailCorp,(b) Roads and Traffic Authority,(c) State Transit Authority,(d) Sydney Ferries.(2) The person holding office as the chief executive officer of Transport Infrastructure Development Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Transport Construction Authority:(a) with the same remuneration as that payable to the person immediately before that commencement, and(b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.(3) The person holding office as the chief executive officer of Rail Infrastructure Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Country Rail Infrastructure Authority:(a) with the same remuneration as that payable to the person immediately before that commencement and,(b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.(4) The person holding office as the chief executive officer of Sydney Metro immediately before the commencement of this clause ceases to hold that office.(5) The person holding office as the chief executive officer of the Public Transport Ticketing Corporation immediately before the commencement of this clause ceases to hold that office.(6) No compensation or remuneration is payable to any person as a consequence of:(a) the person ceasing to hold any office, or(b) the effect on a person’s existing contract of employment,because of the operation of this clause.(7) Except as provided by this clause and clause 164, the continuation of a person’s appointment under this clause is subject to Part 3.1 of the Public Sector Employment and Management Act 2002.176 Existing Boards of transport agencies
(1) In this clause:existing Board means any of the following as constituted under this Act immediately before the commencement of this clause:
(a) RailCorp Board,(b) State Transit Authority Board,(c) Sydney Ferries Board,(d) Public Transport Ticketing Corporation Board,(e) Sydney Metro Board,(f) board of directors of Transport Infrastructure Development Corporation,(g) board of directors of Rail Infrastructure Corporation.(2) Each existing Board is abolished.(3) A person who, immediately before the commencement of this clause, held office as a member of an existing Board:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office.177 Existing Advisory Councils
(1) In this clause:existing Advisory Council means the Transport Advisory Group or the Roads and Traffic Advisory Council as constituted under this Act immediately before the commencement of this clause.
(2) Each existing Advisory Council is abolished.(3) A person who, immediately before the commencement of this clause, held office as an appointed member of an existing Advisory Council:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation because of the loss of that office, but is eligible to be appointed as a member of the Transport Advisory Council established under Part 5 of this Act.178 Existing subsidiary corporations of transport authorities
(1) Each subsidiary corporation constituted under a provision of this Act immediately before the repeal of that provision by the Transport Administration Amendment Act 2010 is, subject to the regulations, taken to be constituted under Part 6B (as inserted by that Act) as a subsidiary corporation of the transport authority in respect of which the subsidiary corporation was previously constituted.(2) Without limiting the operation of subclause (1), Western Sydney Buses is, on the repeal of section 33 by the Transport Administration Amendment Act 2010, taken to have been constituted as a public subsidiary corporation of the State Transit Authority by the regulations under section 55C (as inserted by that Act).179 Existing delegations of functions under Passenger Transport Act 1990
Any delegation by the Director-General under this Act of the Director-General’s functions under the Passenger Transport Act 1990 is taken to have been delegated under section 62A of that Act (as inserted by the Transport Administration Amendment Act 2010).180 Abolition of Transport Administration Corporation
(1) The Transport Administration Corporation is abolished.(2) The assets, rights and liabilities of the Transport Administration Corporation are, on the abolition of the Corporation, transferred to the Crown.(3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Transport Administration Corporation by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.
[73] Schedule 8 SRA Residual Holding Corporation
Omit “(Section 128)”.
Omit the clause.
7.2 Electricity (Consumer Safety) Act 2004 No 4
Insert after paragraph (b) of the definition of electricity supply authority in section 3 (1):(b1) Rail Corporation New South Wales, and
7.3 Local Government Act 1993 No 30
Section 555 What land is exempt from all rates?
Omit section 555 (1) (g1). Insert instead:(g1) land that is vested in or owned by a public transport agency (within the meaning of section 3C of the Transport Administration Act 1988) and in, on or over which rail infrastructure facilities (within the meaning of that Act) are installed,
7.4 Passenger Transport Act 1990 No 39
Omit the definitions of Department and Director-General from section 3 (1).Insert instead in alphabetical order:
Director-General means the Director-General of Transport NSW.
[2] Section 46W Appointment of authorised officers
Omit “the Department” from section 46W (1).Insert instead “Transport NSW”.
Insert after section 62:62A Delegation of Director-General’s functions
(1) The Director-General may delegate to an authorised person any of the Director-General’s functions under this Act, other than this power of delegation.(2) A delegate may subdelegate to an authorised person any function delegated by the Director-General if the delegate is authorised in writing to do so by the Director-General.(3) In this section, authorised person means:(a) a member of staff of Transport NSW, or(b) a person of a class prescribed by the regulations.
7.5 Public Finance and Audit Act 1983 No 152
Omit the matter relating to the Department of Transport and Infrastructure.Insert instead:
Transport NSW
Director-General of Transport NSW
7.6 Public Sector Employment and Management Act 2002 No 43
[1] Section 6 The Public Service
Insert after section 6 (2):(3) If a branch of any such Division is specified in Part 3 of Schedule 1, that branch is not part of the Public Service of New South Wales.
Omit the definition of public authority from section 63 (1). Insert instead:public authority means an authority which is established by or under an Act and which is (or whose governing authority is) constituted by persons appointed by (or with the approval of) the Governor or a Minister, but does not include the Teaching Service, the Government Service, the NSW Health Service or the NSW Police Force.
[3] Section 63 (1), definition of “remuneration package”
Insert “, subject to subsection (4),” after “means”.
Insert “(other than a chief executive officer referred to in paragraph (a1))” after “officer”.
Insert after section 63 (2) (a):(a1) in the case of a chief executive officer appointed as the chief executive of Rail Corporation New South Wales, the Roads and Traffic Authority, the State Transit Authority, Sydney Ferries, the Transport Construction Authority or the Country Rail Infrastructure Authority—the Director-General of Transport NSW, or
Insert after section 63 (3):(4) For the purposes of this Part, the remuneration package for a chief executive officer to whom subsection 2 (a1) applies is the remuneration package determined by the Director-General of Transport NSW with the concurrence of the Director of Public Employment.
[7] Schedule 1 Divisions of the Government Service
Omit “a statutory corporation” from the note at the beginning of Part 3.Insert instead “an agency”.
[8] Schedule 2 Executive positions (other than non-statutory SES positions)
Insert after the position of Chief Executive of RailCorp in Part 2 (Chief executive positions (heads of public authorities)):Chief Executive of the Transport Construction Authority
Chief Executive of the Country Rail Infrastructure Authority
7.7 Public Sector Employment and Management (Departmental Amalgamations) Order 2009
Clause 35 Transfer of certain staff to new Department
Omit the clause.