Schedule 2 Amendment of Transport Administration Act 1988 and other Acts relating to merger of RAC and RSA
(Section 3)
2.1 Transport Administration Act 1988 No 109
Omit “, Rail Access Corporation” and “, Rail Services Australia”.
Insert “, Rail Infrastructure Corporation” after “State Rail Authority”.
[3] Section 3 (1), definition of “Rail Access Corporation”
Omit the definition.
[4] Section 3 (1), definition of “Rail Corporation”
Omit “, Rail Services Australia or Rail Access Corporation”.Insert instead “or Rail Infrastructure Corporation”.
Insert in alphabetical order:Rail Infrastructure Corporation (or RIC) means Rail Infrastructure Corporation constituted under this Act.
[6] Section 3 (1), definition of “Rail Services Australia”
Omit the definition.
[7] Section 8A National Rail Corporation (Agreement) Act 1991
Omit “Rail Access Corporation, Freight Rail Corporation and Rail Services Australia”.Insert instead “Rail Infrastructure Corporation and Freight Rail Corporation”.
[8] Sections 19A, 19B, 19E, 19Q, 92, 93, 94 and 96
Omit “Rail Access Corporation” wherever occurring.Insert instead “Rail Infrastructure Corporation”.
[9] Part 2A, Division 2, heading
Omit the heading. Insert instead:Division 2 Rail Infrastructure Corporation
Omit the section. Insert instead:19C Establishment of RIC as statutory State owned corporation
(1) There is constituted by this Act a corporation with the corporate name of Rail Infrastructure Corporation.(2) The State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, the words “Rail Infrastructure Corporation”.
Omit “RAC (and FRC and RSA)”. Insert instead “RIC (and FRC)”.
Omit the section. Insert instead:(1) The principal objective of Rail Infrastructure Corporation is to ensure that the NSW rail network enables safe and reliable passenger and freight services to be provided in an efficient, effective and financially responsible manner.(2) The other objectives of Rail Infrastructure Corporation are:(a) to promote and facilitate access to the NSW rail network in accordance with the NSW Rail Access Regime, and(b) to be a successful business and, to that end:(i) to operate at least as efficiently as any comparable businesses, and(ii) to maximise the net worth of the State’s investment in the Corporation, and(c) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and(d) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991, and(e) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates, and(f) to maintain reasonable priority and certainty of access for railway passenger services.(3) The other objectives of Rail Infrastructure Corporation are of equal importance, but are not as important as the principal objective of the Corporation.(4) Section 20E of the State Owned Corporations Act 1989 does not apply to Rail Infrastructure Corporation.
[13] Section 19E Functions of RIC
Omit section 19E (2). Insert instead:(2) The principal functions of Rail Infrastructure Corporation are:(a) to hold, manage, maintain and establish rail infrastructure facilities on behalf of the State, and(b) to provide persons with access to the NSW rail network under the NSW Rail Access Regime (including the development and maintenance of an access pricing policy).
Insert after section 19E (2):(2A) In exercising its functions, Rail Infrastructure Corporation is to act in the best interests of the NSW rail network as a whole.
Omit the subsection.
Insert after section 19E (4) (a):(a1) supply goods and services to the rail industry, and
Insert after section 19E (5):(5A) Rail Infrastructure Corporation is not to conduct any business outside the State that is not related to the NSW rail network without the approval of the Premier, Minister and Treasurer.
Insert “(except subsection (5A))” after “This section”.
[19] Sections 19F, note and 19G, note
Omit “RAC” wherever occurring. Insert instead “RIC”.
Insert after section 19F:(1) The Minister may give Rail Infrastructure Corporation directions in relation to the exercise of the Corporation’s functions. The Minister is to advise the voting shareholders of the Corporation of the giving and the terms of any such direction.(2) The board of directors and chief executive officer of Rail Infrastructure Corporation must, subject to this section, ensure that the Corporation complies with any such direction.(3) If Rail Infrastructure Corporation considers that complying with any such direction may cause a significant variation in its approved financial outcomes, the Corporation must request the Minister to review the direction.(4) A request for a review must be made within 7 days after the direction is given or within such other reasonable period as the Minister determines.(5) If Rail Infrastructure Corporation requests such a review:(a) the Corporation may request the Minister to provide it with a written record of the direction if it was not given in writing, and(b) the Corporation is not to comply with the direction until notified of the Minister’s decision following the review.(6) Following the review, the Minister may confirm or revoke the direction but the Minister is not to confirm the direction unless:(a) the Minister has estimated the variation in the approved financial outcomes from the information supplied by Rail Infrastructure Corporation, and(b) the Minister has referred the matter to the Treasurer, and(c) the Treasurer has approved the direction.(7) The Minister’s power to give directions to the Corporation under this section is in addition to the power of the Minister to give directions under section 20N, 20O or 20P of the State Owned Corporations Act 1989. Those sections of that Act do not apply to a direction of the Minister if the direction states that it is being given under this section.
Insert at the end of Division 2 of Part 2A:(1) For the purposes of this section, network control with respect to any part of the NSW rail network is:(a) service planning (namely, the timetabling of rolling stock, including standard working and daily timetables and planning the occupation of railway track for maintenance and other service requirements), and(b) real time control (namely, the actual control of the movement of rolling stock, including train signalling and incident management).Network control includes any aspect of the control of the network that is declared by the regulations to be network control, but does not include anything declared by the regulations not to be network control.
(2) The Minister may, by order published in the Gazette, designate a rail operator as the body responsible for network control (or any specified aspect of network control) with respect to any specified part of the NSW rail network.(3) The exercise of the functions of Rail Infrastructure Corporation is subject to any such order.(4) Rail Infrastructure Corporation is responsible for network control with respect to any part of the NSW rail network for which no rail operator is designated as the body responsible by such an order.(5) A body responsible for network control must:(a) give priority to rail passenger services, and(b) subject to giving priority to those services—promote and facilitate access to the NSW rail network in accordance with the NSW Rail Access Regime.
[22] Part 2A, Division 3A Rail Services Australia
Omit the Division.
Insert after section 19N:19NA Board of directors of RIC
(1) The board of directors of Rail Infrastructure Corporation is to be appointed by the Governor on the recommendation of the voting shareholders and is to consist of not fewer than 3 and not more than 7 directors. The voting shareholders are to consult the portfolio Minister on the persons recommended for appointment as directors.(2) One director of the board is to be a person recommended by a selection committee comprising:(a) 2 persons nominated by the portfolio Minister, and(b) 2 persons nominated by the Labor Council of New South Wales,being a person selected by the committee from a panel of 3 persons nominated by the Labor Council.(3) The members of the selection committee and the nominees of the Labor Council for the panel are to be representatives of industrial organisations of employees that have members employed in the public sector of the rail industry.(4) The procedures for constituting a selection committee for the purposes of subsection (2), for making nominations and for determining other matters relating to the selection process are to be determined by the regulations or (subject to the regulations) by the voting shareholders.(5) The other directors of the board must each or together have such expertise (including engineering and rail safety expertise) as the voting shareholders consider necessary in order to realise the objectives of Rail Infrastructure Corporation.(6) Subject to subsection (7), section 20J of and Schedule 8 to the State Owned Corporations Act 1989 have effect with respect to the board of Rail Infrastructure Corporation and its constitution and procedure.(7) Section 20J (2), (3) and (4) of, and clause 4 of Schedule 8 to, the State Owned Corporations Act 1989 do not apply with respect to the board of Rail Infrastructure Corporation.
[24] Section 19O Board of directors of FRC
Omit “a Rail Corporation” from section 19O (1), (7) and (8) wherever occurring.Insert instead “Freight Rail Corporation”.
Omit “the relevant Rail Corporation”.Insert instead “Freight Rail Corporation”.
[26] Section 19R Chief executive officer
Omit section 19R (1). Insert instead:(1) The chief executive officer of a Rail Corporation is to be appointed by the board:(a) in the case of Rail Infrastructure Corporation—with the concurrence of the voting shareholders and the Minister, or(b) in the case of Freight Rail Corporation—after consultation with the voting shareholders.
Insert “and, in the case of Rail Infrastructure Corporation, consultation with the Minister” after “voting shareholders”.
[28] Section 19S Acting chief executive officer
Insert after section 19S (4):(4A) The board is not to appoint a person to act in the office of chief executive officer of Rail Infrastructure Corporation during any vacancy in that office without the concurrence of the voting shareholders and the Minister.
[29] Section 44 Constitution of PTA
Omit section 44 (2) (a) (iii). Insert instead:(iii) the chief executive officer of Rail Infrastructure Corporation, and
Omit the paragraph.
[31] Part 9, Division 1, heading
Omit “Rail Access Corporation”.Insert instead “Rail Infrastructure Corporation”.
Omit “RAC” from the definition of rail authority. Insert instead “RIC”.
[33] Schedule 4 Transfer of assets, rights and liabilities of SRA and its subsidiaries etc
Insert in clause 1 in alphabetical order:Rail Access Corporation means Rail Access Corporation as constituted under section 19C immediately before the amendment of that section by Schedule 2.1 to the Transport Administration Amendment (Rail Management) Act 2000.
Rail Corporation includes Rail Access Corporation and Rail Services Australia.
Rail Services Australia means Rail Services Australia as constituted under section 19IA immediately before the repeal of that section by the Transport Administration Amendment (Rail Management) Act 2000.
[34] Schedule 6 Transfer of certain SRA staff (other than certain Chief Executives)
Insert in clause 1 in alphabetical order:Rail Access Corporation means Rail Access Corporation as constituted under section 19C immediately before the amendment of that section by Schedule 2.1 to the Transport Administration Amendment (Rail Management) Act 2000.
Rail Services Australia means Rail Services Australia as constituted under section 19IA immediately before the repeal of that section by the Transport Administration Amendment (Rail Management) Act 2000.
[35] Schedule 6, clause 1, definition of “Rail Corporation”
Insert “and, after the dissolution of Rail Access Corporation and Rail Services Australia, includes Rail Infrastructure Corporation” after “Rail Services Australia”.
Omit “4 years” from clause 8 (1). Insert instead “6 years”.
Omit “RAC”. Insert instead “RIC”.
[38] Schedule 6A, clause 11 (2) (a)
Omit “principal”.
Omit “RAC” wherever occurring. Insert instead “RIC”.
[40] Schedule 7, Part 3, clause 47
Insert in alphabetical order:RAC means Rail Access Corporation as constituted under section 19C immediately before the amendment of that section by Schedule 2.1 to the Transport Administration Amendment (Rail Management) Act 2000.
[41] Schedule 7, Part 5, clause 67
Insert in alphabetical order:Rail Services Australia means Rail Services Australia as constituted under section 19IA immediately before the repeal of that section by the Transport Administration Amendment (Rail Management) Act 2000.
Insert at the end of the Part:Division 3 Provisions consequent on merger of RAC and RSA
89 RIC an amalgamation of RAC and RSA
(1) Rail Access Corporation and Rail Services Australia are amalgamated to form Rail Infrastructure Corporation.(2) On that amalgamation:(a) Rail Access Corporation and Rail Services Australia are dissolved as separate entities, and(b) Rail Infrastructure Corporation is taken for all purposes, including the rules of private international law, to be a continuation of, and the same legal entity as, Rail Access Corporation and Rail Services Australia, and(c) without limiting the operation of this clause—the assets, rights and liabilities of Rail Access Corporation and Rail Services Australia are the assets, rights and liabilities of Rail Infrastructure Corporation.90 Former boards of RAC and RSA
(1) In this clause:former board means the board of directors of Rail Access Corporation or the board of directors of Rail Services Australia.
(2) A person who, immediately before the establishment of Rail Infrastructure Corporation by the amending Act, held office as a director of a former board:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as a director of the board of Rail Infrastructure Corporation.(3) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.(1) A person who, immediately before the establishment of Rail Infrastructure Corporation by the amending Act, held office as the chief executive officer of Rail Access Corporation or Rail Services Australia:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be appointed as the chief executive officer of Rail Infrastructure Corporation.(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office, except as provided by the person’s contract of employment in that office.92 Staff of RAC and RSA (other than CEOs)
(1) In this clause, existing employee means a person who was a member of the staff of Rail Access Corporation or Rail Services Australia immediately before the amalgamation of those Corporations (other than the chief executive officer of Rail Access Corporation or Rail Services Australia).(2) All existing employees are, on the amalgamation of Rail Access Corporation and Rail Services Australia, employees of Rail Infrastructure Corporation.(3) Except as otherwise provided by this Schedule and the regulations, the terms and conditions on which existing employees are employed on that amalgamation (including terms and conditions as to remuneration, allowances, and duration of employment) are those on which they were employed by Rail Access Australia or Rail Services Australia immediately before that amalgamation.(4) The terms and conditions of employment referred to in subclause (3) may be varied but only by the means by which they could be varied immediately before that amalgamation.(5) An existing employee is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of Rail Access Corporation or Rail Services Australia.In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to) Rail Access Corporation or Rail Services Australia is to be read as a reference to Rail Infrastructure Corporation.94 Savings and transitional provisions relating to financial matters
(1) Any approval or exemption held by Rail Access Corporation or Rail Services Australia:(a) under the Public Finance and Audit Act 1983 or the Annual Reports (Statutory Bodies) Act 1984 with respect to any accounts or annual report, or(b) under the Public Authorities (Financial Arrangements) Act 1987 with respect to any financial arrangement or joint venture arrangement,is taken to be an approval or exemption held by Rail Infrastructure Corporation.(2) Statements of accounts and the first annual report of Rail Infrastructure Corporation must include accounts and an annual report with respect to any period from the end of the last financial year of Rail Access Corporation and Rail Services Australia until the establishment of Rail Infrastructure Corporation by the amending Act.(3) Duty is not chargeable in respect of anything certified by the Minister as having been done in consequence of the amalgamation of Rail Access Corporation and Rail Services Australia.95 Application of section 19E (5A) to existing businesses
Section 19E (5A), as inserted by the amending Act, does not apply to the conduct of any business after the commencement of that provision in accordance with a contract or other arrangement made before that commencement.(1) The operation of this Schedule (in connection with the assets, rights and liabilities and the staff of Rail Access Corporation and Rail Services Australia) is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, on the basis of a change in the beneficial or legal ownership of any asset, right or liability.(2) The operation of this Schedule (in that connection) is not to be regarded as an event of default under any contract or instrument.(3) In this clause, contract includes any contract of employment with Rail Access Corporation or Rail Services Australia.(4) Words and expressions used in this clause have the meanings given in Schedule 4.
2.2 First State Superannuation Act 1992 No 100
Omit:Rail Access Corporation
Rail Services AustraliaInsert instead:
Rail Infrastructure Corporation
2.3 Local Government Act 1993 No 30
[1] Section 555 What land is exempt from all rates?
Omit “Rail Access Corporation” from section 555 (1) (g1).Insert instead “Rail Infrastructure Corporation”.
[2] Section 600 Rebates in respect of certain land vested in public bodies
Omit “Rail Access Corporation” from section 600 (9).Insert instead “Rail Infrastructure Corporation”.
[3] Section 611 Annual charge on rails, pipes etc
Omit “Rail Access Corporation” from section 611 (6) (c).Insert instead “Rail Infrastructure Corporation”.
Omit “Rail Access Corporation” from the definition of statutory body representing the Crown.Insert instead “Rail Infrastructure Corporation”.
2.5 Rail Safety Act 1993 No 50
Omit “Rail Access Corporation, Rail Services Australia” from section 9 (2).Insert instead “Rail Infrastructure Corporation”.
Omit “Rail Access Corporation” from section 94 (2).Insert instead “Rail Infrastructure Corporation”.
[2] Section 211 Contributions to RTA by RIC and STA
Omit “Rail Access Corporation” from section 211 wherever occurring.Insert instead “Rail Infrastructure Corporation”.
2.7 Rural Fires Act 1997 No 65
[1] Section 27 Permission of SRA or RIC required
Omit “Rail Access Corporation” from section 27.Insert instead “Rail Infrastructure Corporation”.
[2] Dictionary, definition of “managed land”
Omit “Rail Access Corporation”.Insert instead “Rail Infrastructure Corporation”.
2.8 State Authorities Non-Contributory Superannuation Act 1987 No 212
Omit:Rail Access Corporation
Rail Services AustraliaInsert instead:
Rail Infrastructure Corporation
2.9 State Authorities Superannuation Act 1987 No 211
Omit:Rail Access Corporation
Rail Services AuthorityInsert instead:
Rail Infrastructure Corporation
2.10 State Owned Corporations Act 1989 No 134
Omit:Rail Access Corporation
Rail Services AustraliaNote. Rail Infrastructure Corporation is inserted into the Schedule by section 19C (2) of the Transport Administration Act 1988, as amended by this Act.
2.11 Superannuation Act 1916 No 28
[1] Schedule 3 List of employers
Omit:Rail Access Corporation
Rail Services AustraliaInsert instead:
Rail Infrastructure Corporation
Omit:Rail Access Corporation
Rail Services AuthorityInsert instead:
Rail Infrastructure Corporation