Schedule 4 Amendment of Transport Administration Act 1988 and other Acts relating to Rail Regulator
(Section 3)
4.1 Transport Administration Act 1988 No 109
Insert “the Rail Regulator,” before “the State Rail Authority”.
Insert in section 3 (1) in alphabetical order:Rail Regulator means the Rail Regulator constituted under this Act.
[3] Section 8A National Rail Corporation (Agreement) Act 1991
Insert “Rail Regulator, the” before “State Rail Authority”.
Insert after Part 2A:Division 1 Constitution of Rail Regulator
19U Constitution of Rail Regulator
(1) There is constituted by this Act a corporation with the corporate name of the Rail Regulator.(2) The Rail Regulator:(a) has the functions conferred or imposed on it by or under this Act, the Rail Safety Act 1993 or any other Act, and(b) is, for the purposes of any Act, a statutory body representing the Crown.Division 2 Management of Rail Regulator
19V Chief Executive of Rail Regulator
(1) The Governor may appoint a Chief Executive of the Rail Regulator.(2) Schedule 2 has effect with respect to the Chief Executive.19W Chief Executive to manage and control affairs of Rail Regulator
(1) The affairs of the Rail Regulator are to be managed and controlled by the Chief Executive of the Rail Regulator.(2) Any act, matter or thing done in the name of, or on behalf of, the Rail Regulator by the Chief Executive is taken to have been done by the Rail Regulator.19X Rail Regulator not subject to Ministerial control in making reports or recommendations
The Rail Regulator is not subject to the control or direction of the Minister in respect of the contents of any report or recommendation of the Rail Regulator, but in other respects is subject to the control or direction of the Minister.(1) The Rail Regulator may employ such staff as it requires to exercise its functions.(2) The regulations may make provision for or with respect to the employment of the staff of the Rail Regulator, including conditions of employment and the discipline of any such staff.(3) The Rail Regulator may arrange for the use of the services of any staff or facilities of a government department, a state owned corporation or a public or local authority.(4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the Rail Regulator.(5) The Rail Regulator may engage consultants to obtain expert advice.19Z Delegation of functions of Rail Regulator
(1) The Rail Regulator may delegate to an authorised person any of the functions of the Rail Regulator, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the Rail Regulator, if the delegate is authorised in writing to do so by the Rail Regulator.(3) In this section, authorised person means:(a) a member of the staff of the Rail Regulator, or(b) a member of a class of persons prescribed by the regulations.Division 3 Rail performance standards
19AA Rail performance standards
(1) For the purposes of this Division, rail performance standards are standards with respect to the following matters:(a) rail passenger service reliability (including train cancellations and skipping of stops at train stations),(b) on-time running of passenger trains,(c) rail passenger comfort (including the cleanliness of trains and overcrowding),(d) any other matter prescribed by the regulations with respect to the performance of railway passenger services,(e) any matter relating to railway freight service reliability or on-time running of freight trains (or any other matter prescribed by the regulations with respect to the performance of railway freight services) that may affect the safety or reliability of the NSW rail network or that may affect the ability of others to comply with rail performance standards.(2) Rail performance standards may be set under this Division in connection with rail infrastructure facilities, rolling stock, management of service delivery or any other thing.19AB Minister to set rail performance standards
(1) The Minister may, from time to time, set rail performance standards for either or both of the following:(a) owners of railways (within the meaning of the Rail Safety Act 1993), including Rail Infrastructure Corporation,(b) operators of railways (within the meaning of that Act), including the State Rail Authority and Freight Rail Corporation.(2) Any such owner or operator of a railway must comply with those standards.(3) The Minister is to make those standards public.19AC Rail Regulator to recommend rail performance standards
(1) The Rail Regulator has the function of recommending to the Minister appropriate rail performance standards.(2) When setting rail performance standards, the Minister is to have regard to the standards recommended by the Rail Regulator.(3) The Rail Regulator is to keep rail performance standards set by the Minister under review and recommend changes it considers appropriate.19AD Rail Regulator to investigate performance and audit compliance with standards
(1) The Rail Regulator has the following functions:(a) investigating the performance of owners or operators of railways in connection with the provision of rail passenger or freight services,(b) conducting audits of the compliance of owners or operators of railways with the rail performance standards set by the Minister.(2) For the purposes of this section, any such audit of compliance is:(a) a periodic or other audit determined by the Rail Regulator, or(b) a special audit requested by the Minister.(3) Owners and operators of railways must supply the Rail Regulator with such information relating to their activities as the Rail Regulator may require for the purposes of any investigation or audit under this section.19AE Rail Regulator to report on compliance with standards
(1) The Rail Regulator is to report to the Minister on the result of any audit of compliance under section 19AD with rail performance standards set by the Minister.(2) The Rail Regulator is to include in any such report any enforcement action taken or recommended by the Rail Regulator under section 19AF in connection with the result of the audit.(3) The Minister is to cause a copy of each report under this section to be tabled in each House of Parliament.19AF Enforcement of rail performance standards by Rail Regulator
(1) The regulations may make provision for or with respect to the imposition by the Rail Regulator of monetary penalties on the owner or operator of a railway for non-compliance with the rail performance standards set by the Minister.(2) Without limiting subsection (1), the regulations may make provision for or with respect to:(a) the circumstances in which a monetary penalty may be imposed, and(b) incentive compliance schemes in which demerit points for non-compliance may be set off against bonus points for performance that exceeds the standards set, and(c) the maximum monetary penalty that may be imposed, and(d) the review of any decision to impose a monetary penalty (including review by the Administrative Decisions Tribunal), and(e) the recovery of any monetary penalty that is imposed.(3) The imposition of a monetary penalty under this section does not affect any other action that may be taken under this or any other Act against the owner or operator of the railway for the failure to comply with the rail performance standard concerned.
[5] Section 107 Definition of “transport authority”
Insert after section 107 (a):(a1) the Rail Regulator, or
[6] Section 109 Seal of Authority
Insert at the end of the section:(2) In this section, Authority includes the Rail Regulator.
[7] Section 111 Disputes involving transport authorities
Insert after section 111 (4):(5) This section does not apply to a dispute involving the Rail Regulator.
[8] Schedule 2 Provisions relating to Chief Executives
Insert “the Chief Executive of the Rail Regulator,” after “the State Rail Authority,” in the definition of Chief Executive in clause 1.
Insert at the end of the Part:Division 4 Provisions consequent on the establishment of Rail Regulator
97 Co-ordinator General of Rail and other executive officers cease to hold office
(1) The person who, immediately before the establishment of the Rail Regulator by the amending Act, held office as the Co-ordinator General of Rail:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as the Chief Executive or member of staff of the Rail Regulator.(2) A person who, immediately before the establishment of the Rail Regulator by the amending Act, held a senior executive office (within the meaning of Part 2B of the Public Sector Management Act 1988) within the Office of Co-ordinator General of Rail:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a member of the staff of the Rail Regulator.(3) A person who ceases under this clause to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by subclause (4).(4) Part 2A of the Public Sector Management Act 1988 applies to a person who ceases under this clause to hold office as if the person had ceased to be an executive officer as referred to in section 42Q (4) of that Act.Note. Subclause (4) ensures that the person retains any rights to compensation or right of return that the person would have had if removed from office by the Governor instead of by the operation of this clause.98 Abolition of Office of Co-ordinator General of Rail
(1) The Office of Co-ordinator General of Rail is abolished.(2) On the abolition of that Office, any remaining members of staff of that Office (except the Co-ordinator General of Rail or senior executive officers referred to in clause 97) become employees of the Rail Regulator.
4.2 Public Finance and Audit Act 1983 No 152
Omit the matter relating to the Office of Co-ordinator General of Rail.
Insert in alphabetical order:(Repealed)
Rail Regulator
Chief Executive of Rail Regulator