Schedule 3 Amendments relating to constitution of Sydney Ferries
(Section 3)
3.1 Transport Administration Act 1988 No 109
Insert “or Sydney Ferries” after “Roads and Traffic Authority” in the definition of Authority in section 3 (1).
[2] Part 3A, Division 1, heading
Omit “as statutory SOC”.
[3] Section 35A Constitution of Sydney Ferries
Omit section 35A (2) and the note. Insert instead:(2) Sydney Ferries is a NSW Government agency.
[4] Section 35B Objectives of Sydney Ferries
Omit section 35B (4).
[5] Section 35E Other functions of Sydney Ferries
Insert at the end of section 35E (2) (b):, and
(c) acquire and develop any land, and(d) acquire or build, and maintain or dispose of, any engines, vessels, vehicles, plant, machinery or equipment, and(e) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials, and(f) make and enter into contracts or arrangements with any person for the operation by that person, on such terms as may be agreed on, of any of Sydney Ferries’ ferry or other transport services or of any of Sydney Ferries’ businesses, and(g) appoint agents, and act as agents for other persons.
Insert after section 35E:35EA Sale, lease or other disposal of land
(1) Sydney Ferries may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.(2) Despite subsection (1), the approval of the Minister is not required:(a) for any lease for a term not exceeding 5 years, or(b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.(3) The Minister may delegate the power of approval under this section to the Director-General, a member of staff of the Ministry of Transport or a person of a class prescribed by the regulations.
[7] Section 35G Effect of Division
Omit “the State Owned Corporations Act 1989,”.
Omit Divisions 4 and 5. Insert instead:Division 4 Management of Sydney Ferries
35H Constitution of Sydney Ferries Board
(1) There is constituted a Sydney Ferries Board.(2) The Board is to consist of:(a) the Chief Executive Officer of Sydney Ferries, and(b) not fewer than 4 and not more than 7 members appointed by the Minister.(3) The persons appointed by the Minister must each or together have such expertise as the Minister considers necessary in order to realise the principal objectives of Sydney Ferries.(4) Schedule 1 has effect with respect to the constitution and procedure of the Board.35I Board to determine policies of Sydney Ferries
(1) The Sydney Ferries Board has the function of determining the policies of Sydney Ferries.(2) In exercising that function, the Board is, as far as practicable, to ensure that the activities of Sydney Ferries are carried out properly and efficiently.35J Chief Executive Officer of Sydney Ferries
(1) The Governor may appoint a Chief Executive Officer of Sydney Ferries.(2) Schedule 2 has effect with respect to the Chief Executive Officer.35K Chief Executive Officer to manage Sydney Ferries
(1) The affairs of Sydney Ferries are to be managed and controlled by the Chief Executive Officer of Sydney Ferries in accordance with the policies of the Sydney Ferries Board.(2) Any act, matter or thing done in the name of, or on behalf of, Sydney Ferries by the Chief Executive Officer is taken to have been done by Sydney Ferries.(1) The Minister may give the Sydney Ferries Board written directions in relation to the exercise of Sydney Ferries’ functions.(2) Subject to this section, the Board and the Chief Executive Officer of Sydney Ferries must ensure that Sydney Ferries complies with any such direction.(3) If Sydney Ferries considers that:(a) Sydney Ferries would suffer a significant financial loss as a result of complying with any such direction, and(b) the direction is not in the commercial interests of Sydney Ferries,the Board may 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 the Board requests a review, Sydney Ferries is not required 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 must not confirm the direction unless:(a) the Minister has estimated the financial loss concerned from information supplied by Sydney Ferries or from other sources, and(b) the Minister has referred the matter to the Treasurer, and(c) the Treasurer has approved of the financial loss being reimbursed from public revenue.(7) Subsections (3)–(6) do not apply to a direction that may cause Sydney Ferries to suffer a significant financial loss as a result of complying with that direction if:(a) the Minister decides that the direction is warranted on grounds involving urgency or public safety, and(b) the direction is given after consultation with the Treasurer.(8) The Treasurer may approve of any financial loss resulting from a direction referred to in subsection (7) being reimbursed from public revenue.(9) For the purposes of this section, the amount of the financial loss that Sydney Ferries suffers as a result of complying with a direction includes the amount of expenditure that Sydney Ferries incurs, and the amount of revenue that Sydney Ferries forgoes, as a result of complying with the direction which it would not otherwise incur or forgo.(10) The amount to be reimbursed to Sydney Ferries is to be paid, from money advanced by the Treasurer or appropriated by Parliament for that purpose, at such times and in such amounts as the Treasurer determines after receiving advice from the Minister on the estimated financial loss incurred by Sydney Ferries from time to time.35M Sydney Ferries to supply information to Minister
Sydney Ferries must:(a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and(b) keep the Minister informed of the general conduct of its activities, and of any significant development in its activities.(1) Sydney Ferries must, at least 3 months before the beginning of each financial year of Sydney Ferries, prepare and deliver to the Minister a draft corporate plan for the financial year.(2) Sydney Ferries must:(a) consider any comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was delivered to the Minister, and(b) deliver the completed corporate plan to the Minister before the beginning of the financial year concerned.(3) During the preparation of a corporate plan after the commencement of this subsection, Sydney Ferries is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.(4) Sydney Ferries is to make the completed corporate plan available for public inspection. However, Sydney Ferries is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the Freedom of Information Act 1989.(5) Sydney Ferries must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.(6) A corporate plan is to specify:(a) the separate activities of Sydney Ferries and, in particular, the separate commercial and non-commercial activities, and(b) the objectives of each such separate activity for the financial year concerned and for future financial years, and(c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and(d) the targets and criteria for assessing Sydney Ferries’ performance.(7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister under this Division).35O Exercise of functions through subsidiary corporations, joint ventures etc
(1) In this section:subsidiary corporation means:
(a) a public subsidiary corporation referred to in section 35P, or(b) a private subsidiary corporation referred to in section 35Q.(2) Any function of Sydney Ferries may be exercised:(a) by Sydney Ferries itself, or(b) by a subsidiary corporation, or(c) by Sydney Ferries or a subsidiary corporation, or both, in a partnership, joint venture or other association with other persons or bodies.35P Public subsidiary corporations
(1) In this section:public subsidiary corporation means a corporation constituted in accordance with this section.
(2) The regulations may constitute a corporation for the purposes of this section with the corporate name specified in the regulations.(3) A public subsidiary corporation:(a) has such of the functions of Sydney Ferries as are specified in the regulations or delegated to it under this Act, and(b) is, for the purposes of any Act, a NSW government agency.(4) The provisions of or made under this Act or any other Act relating to Sydney Ferries apply to and in respect of a public subsidiary corporation in such manner and to such extent as are prescribed by the regulations.(5) With the approval of the Minister:(a) Sydney Ferries may transfer any of its assets, rights or liabilities to a public subsidiary corporation, and(b) a public subsidiary corporation may transfer any of its assets, rights or liabilities to Sydney Ferries or to another public subsidiary corporation.(6) The regulations may make provision for or with respect to the vesting of those assets, rights and liabilities in the transferee without any transfer, conveyance or assignment.(7) A public subsidiary corporation is dissolved by the repeal of the regulations by which it is constituted (unless continued in existence by the regulations), and on any such dissolution the assets, rights and liabilities of the corporation become the assets, rights and liabilities of Sydney Ferries.35Q Private subsidiary corporations etc
(1) In this section:private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.
private subsidiary corporation means a private corporation in which Sydney Ferries has a controlling interest.
(2) Sydney Ferries may, subject to subsection (3):(a) form, or participate in the formation of, private corporations, and(b) acquire interests in private corporations, and(c) sell or otherwise dispose of interests in private corporations,whether or not the activities or proposed activities of any such private corporation are related to ferry services.(3) Sydney Ferries must not, without the approval of the Minister:(a) form, or participate in the formation of, a private subsidiary corporation, or(b) acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or(c) sell or otherwise dispose of any interest in a private subsidiary corporation so that, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.(4) A private subsidiary corporation is not a NSW government agency.35QA Delegation of functions of Sydney Ferries
(1) Sydney Ferries may delegate to an authorised person any of its functions, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by Sydney Ferries if the delegate is authorised in writing to do so by Sydney Ferries.(3) In this section, authorised person means:(a) an officer of Sydney Ferries, or(b) a person of a class prescribed by the regulations or approved by the Sydney Ferries Board.
[9] Section 56 Application of Division
Insert in appropriate order:(3) This Division does not apply to Sydney Ferries.
Insert after Division 2:Division 3 Staff of Sydney Ferries
Sydney Ferries may employ such staff as it requires to exercise its functions.63 Salary, conditions etc of staff
Sydney Ferries may fix the salary, wages and conditions of employment of its staff in so far as they are not fixed by or under any other Act or law.64 Regulations relating to Sydney Ferries staff
(1) The regulations may make provision for or with respect to the employment of the staff of Sydney Ferries, including the conditions of employment and the discipline of any such staff.(2) Any such regulations relating to the conditions of employment or the discipline of staff:(a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which Sydney Ferries is a party, and(b) have effect despite any determination of Sydney Ferries under section 63, and(c) may provide for appeals by members of staff in connection with their employment, including appeals to a Transport Appeal Board constituted under the Transport Appeal Boards Act 1980, and(d) have effect subject to Part 3.1 of the Public Sector Employment and Management Act 2002.(3) Chapter 1A of the Public Sector Employment and Management Act 2002 does not apply to the employment of staff under this Division.
Insert after Division 3:Division 3A Financial provisions relating to Sydney Ferries
There is established in the Special Deposits Account a fund called the Sydney Ferries Fund.80E Payments into Sydney Ferries Fund
There is to be paid into the Sydney Ferries Fund:(a) all money received by or on account of Sydney Ferries, and(b) all money advanced by the Treasurer for the Fund, and(c) all money appropriated by Parliament for the purposes of Sydney Ferries, and(d) all fines and penalties recovered for offences under the regulations under section 104, or under section 63 of the Passenger Transport Act 1990, in connection with ferry services operated by Sydney Ferries (but only if proceedings or penalty notices for the offences were instituted or issued by Sydney Ferries or an employee of Sydney Ferries), and(e) the proceeds of the investment of money in the Fund, and(f) all other money required by or under this or any other Act to be paid into the Fund.80F Payments from Sydney Ferries Fund
There is to be paid from the Sydney Ferries Fund:(a) all payments made on account of Sydney Ferries or otherwise required to meet expenditure incurred in relation to the functions of Sydney Ferries, and(b) all other payments required by or under this or any other Act to be paid from the Fund.
[12] Section 86 Ministerial supervision of orders fixing charges
Omit “or section 20P of the State Owned Corporations Act 1989, as the case requires” from section 86 (3).
[13] Section 88 Free, or subsidised railway, bus or ferry travel
Omit “or section 20P of the State Owned Corporations Act 1989, as the case requires” from section 88 (5).
[14] Section 107 Definition of “transport authority”
Insert after section 107 (1) (c):(c1) Sydney Ferries, or
Omit the subsection.
[16] Section 112 Personal liability of certain persons
Insert “, Sydney Ferries” after “Independent Transport Safety and Reliability Regulator” in the definition of member of a transport authority in section 112 (2).
Insert at the end of paragraph (b) of the definition of transport authority:, and
(c) the Sydney Ferries Board.
Insert “, 35H (4)” after “25 (4)”.
[19] Schedule 1, clause 1 (as amended by Schedule 2.1 [21])
Insert at the end of the definition of Board:(c) the Sydney Ferries Board.
[20] Schedule 1, clause 1, definition of “Chief Executive”
Insert “the Chief Executive of Sydney Ferries,” before “State Transit Authority”.
[21] Schedule 2 Provisions relating to Chief Executives
Insert “35J (2),” before “47 (2)”.
[22] Schedule 2, clause 1, definition of “Chief Executive”
Insert “or the Chief Executive of Sydney Ferries” after “Roads and Traffic Authority”.
[23] Schedule 7 Savings, transitional and other provisions
Insert with appropriate Division and clause numbering in the Part inserted by Schedule 1.1 [35]:Division Provisions relating to constitution of Sydney Ferries
Sydney Ferries, as constituted under this Act immediately after the substitution of section 35A (2) by the 2008 amending Act, is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, Sydney Ferries as constituted immediately before that substitution.Existing Chief Executive Officer of Sydney Ferries
(1) The person who, immediately before the commencement of section 35J (as inserted by the 2008 amending Act), held office as chief executive officer of Sydney Ferries is taken to have been appointed as Chief Executive Officer of Sydney Ferries under that section:(a) for the balance of the term of office for which the person was so appointed before the commencement of that section, and(b) on the same terms and conditions as the person was so appointed.(2) The Minister may, by order, vary the terms and conditions of the appointment of the Chief Executive Officer as continued by this clause, having regard to terms and conditions of appointment of members of the Chief Executive Service under the Public Sector Employment and Management Act 2002.(1) An existing Board member of Sydney Ferries ceases to hold office on the commencement of section 35H, as inserted by the 2008 amending Act, but is eligible (if otherwise qualified) to be appointed as a member of the Sydney Ferries Board.(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of the office.(3) In this clause:existing Board member means a person (other than the Chief Executive Officer) who held office as a member of the Board of Sydney Ferries immediately before the commencement of section 35H, as inserted by the 2008 amending Act.
(1) Sydney Ferries is to prepare its first corporate plan, in accordance with section 35N as inserted by the 2008 amending Act, within the period approved by the Minister for the purposes of this clause.(2) The statement of corporate intent applicable to Sydney Ferries under the State Owned Corporations Act 1989 immediately before the commencement of section 35N continues to apply to Sydney Ferries until Sydney Ferries complies with that section, subject to any direction of the Minister.
3.2 State Owned Corporations Act 1989 No 134
Omit “Sydney Ferries”.