Schedule 6 Amendments relating to Independent Transport Safety and Reliability Regulator
6.1 Transport Administration Act 1988 No 109
[1] The whole Act, except Schedule 7 and where otherwise amended by this Act
Omit “ITSRR” and “ITSRR’s” wherever occurring.Insert instead “ITSR” and “ITSR’s”, respectively.
Omit the definitions of Independent Transport Safety and Reliability Advisory Board and Independent Transport Safety and Reliability Regulator from section 3 (1).Insert instead in alphabetical order:
Independent Transport Safety Advisory Board means the Independent Transport Safety Advisory Board established under this Act.
Independent Transport Safety Regulator means the Independent Transport Safety Regulator constituted under this Act.
[3] Part 4A (headings to the Part and Divisions 2–4 and 6), sections 42A (definition of “Board”), 42B (1), 42T (1), 103, 107 (1) (a1), 111 (5) and 112 (2) (definition of “member of a transport authority”), Schedule 2A (Schedule heading and clause 1) and clause 16 (4) of Schedule 6A
Omit “and Reliability” wherever occurring.
Omit the definitions of funded transport service and reliability.
Omit the definition of ITSRR. Insert instead:ITSR means the Independent Transport Safety Regulator.
[6] Section 42C Objectives of ITSR
Omit “and reliability as fundamental objectives” from section 42C (2) (b).Insert instead “as a fundamental objective”.
[7] Section 42D General functions of ITSR
Omit section 42D (2) (c) and (e).
Omit “or the reliability of funded transport services,”.
[9] Section 42E ITSR may advise on and monitor safety
Omit section 42E (1). Insert instead:(1) The ITSR is to advise the Minister with respect to the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services.
Omit the subsection.
[11] Section 42F Auditing of transport authorities and owners and operators of transport services
Insert “, for the purposes of exercising its functions under this Part,” after “may” in section 42F (1).
[12] Section 42G Reports to Minister on performance
Omit “and reliability” from section 42G (1).
[13] Section 42I Power of ITSR to give directions relating to safe operation of transport services
Insert after section 42I (1):(1A) Any such direction to the Director-General may be given only in relation to a function of a kind that was exercisable by the Director-General before the commencement of this subsection.
Omit “functions of the Ministry of Transport relating solely to the Ministry”.Insert instead “functions of Transport NSW relating solely to Transport NSW”.
[15] Section 42P Limitations on Ministerial control of ITSR
Omit “or reliability” from section 42P (2) (d).
Insert after section 42P (2) (f):(g) the exercise of a function as a relevant safety regulator under section 3E.
[17] Section 42U General functions of Board
Omit “or the reliability of funded transport services” from section 42U (3).
6.2 Passenger Transport Act 1990 No 39
Insert at the end of Part 1:6B Arrangements with ITSR for exercise of Director-General’s safety functions
(1) The Director-General and the Independent Transport Safety Regulator (ITSR) may enter into an arrangement for the ITSR to assist the Director-General in connection with the exercise of any of the Director-General’s transport safety functions under this Act.(2) For the purposes of any such arrangement, the Director-General may delegate any of his or her functions under this Act to the ITSR and the ITSR may subdelegate to any member of staff of the ITSR any function delegated to the ITSR.(3) Any such arrangement may make provision for the re-imbursement of the ITSR by the Director-General for the costs incurred in connection with the provision of assistance under the arrangement.(4) In this section, transport safety functions include:(a) functions relating to the assessment of the capacity of an accredited service operator (or of a prospective such operator) to meet the government’s standards of safety of passengers and the public, and(b) functions relating to the safety management systems of accredited service operators, and(c) functions relating to the drug and alcohol programs for employees of accredited service operators, and(d) functions relating to any other conditions of accreditation of an accredited service operator that affect the safety of passengers and the public.
6.3 Public Finance and Audit Act 1983 No 152
Omit “Independent Transport Safety and Reliability Regulator”.Insert instead “Independent Transport Safety Regulator”.
6.4 Public Sector Employment and Management Act 2002 No 43
[1] Schedule 1 Divisions of the Government Service
Omit the matter relating to the Independent Transport Safety and Reliability Regulator Division from Part 2.Insert instead:
Independent Transport Safety Regulator Division
Chief Executive of the Independent Transport Safety Regulator
[2] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit “and Reliability” from Part 2.