Traffic Authority Act 1976 (NSW)

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ANNO VICESIMO QUINTO

ELIZABETHS II BEGINS

Act No. 32, 1976.

An Act to provide for the constitution of a corporation to be called the “Traffic Authority of New South Wales” ; to confer and impose on the corporation responsibilities, powers, authorities, duties and functions with respect to vehicular and pedestrian traffic and other matters; to provide for the transfer of certain persons, contracts, agreements, leases and property to the Commissioner for Main Roads; to repeal the Traffic Safety Act, 1970; and to amend the Metropolitan Traffic Act, 1900, the

Motor

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Traffic Authority.

Motor Traffic Act, 1909, the Local Government Act, 1919, the Main Roads Act, 1924, and the Traffic Safety (Lights and Headings) Act, 1951, in certain respects, [Assented to, 1st April, 1976.]

"DE it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows; —

PART I.

Preliminary.

1.           This Act may be cited as the “Traffic Authority Act, Short title.

1976”.

2.      (1) This section and section 1 shall commence on the Commence-

date of assent to this Act.

(2) Except as provided in subsection (1), this Act

shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proelamation published in the Gazette.

Division

3. This Act is divided as follows ;■ of Act

PART I.— Preliminary—ss. 1-5.

PART II.—Constitution of the Traffic Authority

OF New South Wales—ss. 6-15.

PART III.—Functions of the Authority—ss. 16­

21.

PART

Act No. 32, 1976.

Traffic Authority.

PART IV.—Finance—ss. 22-25.

PART V.—Miscellaneous—ss. 26-32.

SCHEDULE 1.—Amendments to the Metropolitan

Traffic Act, 1900.

SCHEDULE 2.—Amendments to the Motor

Traffic Act, 1909.

SCHEDULE 3.—Amendments to the Local

Government Act, 1919.

SCHEDULE 4.—Amendments to the Main Roads

Act, 1924.

SCHEDULE 5.—Amendments to the Transport

Act, 1930.

SCHEDULE 6.—Amendments to the Sydney

Harbour Bridge (Administration) Act, 1932.

SCHEDULE 7.—Amendments to the Traffic

Safety (Lights and Hoardings) Act, 1951.

SCHEDULE 8.—Savings and Transitional Pro­

visions.

SCHEDULE 9.—Transfer of Officers, Contracts,

ETC., TO Commissioner for Main R oads.

Interpre­ 4. (1) In this Act, except in so far as the context or

tation. subject-matter otherwise indicates or requires—

“appointed member” means an appointed member of the Authority, as referred to in section 7 (1) ( b ) ;

‘approaches”.

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“approaches”, in relation to an intersection or railway level crossing, means so much of the approaches thereto as consists of a pubhc street or public streets or a part or parts of any such street or streets;

“Authority” means the Traffic Authority of New South Wales constituted under this Act;

“committee” means a committee appointed under section

12;

“functions” includes responsibilities, powers, authorities

and duties;

“Fund” means the Traffic Facilities Fund estabhshed under section 22;

“intersection” means an intersection or junction of public

streets;

“member” means a member of the Authority;

“official member” means an official member of the Authority, as referred to in section 7 (1) ( a ) ;

“public authority” means a public or local authority constituted by or under an Act other than this Act, and includes—

(a)	the Police Force, the Department of Motor Transport, the Department of Main Roads and any other Government Department;
(b)	a statutory body representing the Crown on whom any functions are conferred or imposed by or under any Act other than this Act; and
(c)	a person or body prescribed for the purposes of this paragraph;

“public

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“public street” means any street, road, lane, thorough­ fare, footpath or place open to or used by the public, and includes any place open to or used by the public on the payment of money or otherwise;

‘traflSc” includes vehicular traffic and pedestrian traffic;

“traffic control facility” means—

(a)	traffic control lights on public streets, and equipment used in connection with traffic control lights;
(b)	any sign, marking, structure or device containing or relating to a requirement or direction, contravention of which is an offence arising under—

(i)   the Motor Traffic Act, 1909, the Metropolitan Traffic Act, 1900, or any regulation under either of those Acts; or

(ii)  any other Act, regulation or by-law prescribed for the purposes of this subparagraph (other than the Local Government Act, 1919, or any ordinance thereunder);

(c)	any sign, device or line referred to in section 270n (1) (c) of the Local Government Act, 1919;
(d)	any other sign, marking, structure or device that is intended to promote safe or orderly traffic movement on public streets or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards; and

(e)

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(e) any bridge or subway or other facility for use by pedestrians over, across, under or alongside a public street,

but does not include any sign, marking, structure, device or other thing in so far as it contains information as to the route or distance to any place.

(2) A reference in this Act to the Commissioner for Motor Transport, the Commissioner for Main Roads, the Commissioner of Police or a commissioner of the New South Wales Planning and Environment Commission includes a reference to a person duly acting as such.

(3) Except in so far as the context or subject-matter otherwise indicates or requires, a reference (however expressed) in this Act to any thing, person, or traffic, on a public street, includes a reference to any thing, person, or traffic, above, over, across, in or under a public street.

5.      (1) Subject to subsection (2) and except as expressly Efiectof

provided by this Act, nothing in this Act affects any of the

provisions of any other Act, or any regulations, ordinances Acts,

or by-laws thereunder, or takes away any powers vested in any

person or body by any other Act, or any regulations, ordin­

ances or by-laws made under any other Act.

(2) Where the provisions of this Act are inconsistent

with any of the provisions of any other Act or any regulation, ordinance or by-law made under any other Act, the provisions of this Act shall prevail.

PART

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PART II.

Constitution of the Traffic Authority

OF New South Wales.

Constitution 6. (1) There is hereby constituted a corporation under

AuAoritv corporate name of the “Tratiic Authority of New South

Wales”.

(2) The Authority shall, for the purposes of any Act,

be deemed to be a statutory body representing the Crown.

Members	7.	(1) The Authority shall consist of—
of the Authority.

(a) 4 oflBcial members, being—

(i) the Commissioner for Motor Transport;

(ii) the Commissioner for Main Roads;

(iii) the Commissioner of Police; and

(iv)   a commissioner of the New South Wales Planning and Environment Commission, for the time being nominated by that Commission; and

(b) 2 appointed members, of whom—

(i)   one shall be a member or servant of the Council of the City of Sydney appointed by the Minister on the nomination of that Council; and

(ii)   one shall be appointed by the Minister, on the joint nomination of the Local Govern­ ment Association of New South Wales and the Shires Association of New South Wales, to represent local government interests generally.

(2)

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(2) An appointed member shall, subject to this Act, be appointed for such term not exceeding 3 years as is specified in the instrument of his appointment and shall, if otherwise qualified, be eligible for re-appointment from time to time for such term not exceeding 3 years as is specified in the instrument of his re-appointment.

(3) On the occurrence of a vacancy in the office of an appointed member, otherwise than by the expiration of the term for which he was appointed, the Minister may appoint a person to hold office for the balance, or for a part of the balance, of his predecessor’s term of office, as may be specified in the instrument of his appointment, so that the Authority is constituted as provided by subsection (1).

(4) Where a nomination of a person for appointment as an appointed member is not submitted within the time or in the manner specified by the Minister by order in writing notified to the Council or Associations entitled to make the nomination, the Minister may make the appointment in the absence of nomination, and the person so appointed shall hold office as if he had been duly nominated.

(5) A person who is of or over the age of 70 years shall not be appointed as a member.

(6) The New South Wales Planning and Environment Commission may revoke any nomination under subsection (1) (a) (iv).

(7) Each member is entitled to be paid such remuneration (including travelling and subsistence allow­ ances) as the Minister may from time to time determine in respect of him.

8 .      (1) Each official member may, from time to time, Deputy

appoint a person to be his deputy, and the member or the

Minister may revoke any such appointment.

(2)

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(2) The Minister may, from time to time—

(a)	appoint, on the nomination of the Council of the City of Sydney, a member or servant of that Council to be the deputy of the appointed member referred to in section 7 (1) (b) ( i ) ; or
(b)	appoint, on the joint nomination of the Local Gov­ ernment Association of New South Wales and the Shires Association of New South Wales, a person to be the deputy of the member referred to in section7 (1) (b) (ii),

and may revoke any such appointment.

(3) In the absence of a member, the member’s

deputy—

(a)	shall, if available, act in the place of the member; and
(b)	while so acting shall be deemed to be a member and shall have and may exercise and perform the functions of the member.

(4) If there is a vacancy in the office of an elected member, the member shall, for the purposes of subsection (3), be deemed to be absent.

Chairman. 9.

The Commissioner for Motor Transport shall be the Chairman of the Authority.

Proceedings 10. (1) The procedure for the calling of meetings of

A uf 't Authority and for the conduct of business at those

'

meetings shall, subject to this Act, be as determined by the

Authority.

(2) The Chairman of the Authority or, in the

absence of the Chairman, his deputy or, in the absence of both, the official member chosen by the members present at the meeting to act as chairman may preside at any meeting of the Authority.

(3)

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(3) Four members shall form a quorum at any meet­ ing of the Authority and any duly convened meeting of the Authority at which a quorum is present shall be competent to transact any business of the Authority and shall have and may exercise and perform all the functions of the Authority.

(4) The person presiding at any meeting of the Authority shall, in the event of an equality of votes, have in addition to a deliberative vote a second or casting vote.

(5) A decision supported by a majority of the votes of the members present and voting at a meeting of the Authority shall be the decision of the Authority.

(6) The Authority shall cause full and accurate minutes to be kept of the proceedings at its meetings.

(7) No matter or thing done, and no contract entered

into, by the Authority, and no matter or thing done by a member or by any other person acting under the direction or as delegate of the Authority shall, if -the matter or thing was done, or the contract was entered into, bona fide for the purpose of executing this Act or any other Act conferring or imposing functions on the Authority, subject the member or person so acting personally to any action, liability, claim or demand.

(8) Nothing in subsection (7) exempts any member or other person from liability to be surcharged with the amount of any payment which is disallowed by the Auditor- General in the accounts of or relating to the Authority, and which the member or other person authorised or joined in authorising.

11.      (1) An appointed member shall be deemed to have vacati<m

vacated his office— of office.

(a) if he dies;

(b)

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(b)	if he is absent from 4 consecutive meetings of the Authority of which reasonable notice has been given to him personally or in the ordinary course of post except on leave granted by the Authority, and is not before the expiration of 4 weeks after the last of those meetings, excused by the Authority for his absence from those meetings;
(c)	if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for their benefit;
(d)	if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that A ct;
(e)	if he is convicted in New South Wales of a crime or offence which is punishable by imprisonment for a period of 12 months or more, or if he is convicted elsewhere than in New South Wales of a crime or offence which if committed in New South Wales would be a crime or offence so punishable;
(f)	if he resigns his office by writing under his hand addressed to the Minister and the Minister accepts his resignation;

(g) if he is removed from office by the Minister;

(h) on the day on which he attains the age of 70 years; or

(i)   if, being the member referred to in section 7 (1) (b) (i), he ceases to be a member or servant of the Council of the City of Sydney.

(2) The Minister may, for any cause which appears

to him sufficient, remove any appointed member from office.

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12, ( 1 ) The Authority may appoint such committees as Committees,

it thinks fit to assist and advise it in connection with the exercise or performance of its functions or to exercise and perform, pursuant to a delegation made under section 20, the functions of the Authority that have been delegated to the committee.

(2) A person may be appointed as a member of a committee whether or not he is a member of the Authority.

(3) Each member of a committee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him.

13.      ( 1) The procedure for the calling of meetings of a Proceedings

committee and for the conduct of business at those meetings

shall, subject to this Act and any direction given by the	'
Authority, be as determined by the committee.
(2) The Authority may appoint a member of a committee to be chairman of the committee.
(3) The person so appointed as chairman of a committee or, in his absence or if there is no person so appointed, the member of the committee chosen by the members thereof present at the meeting to act as chairman may preside at any meeting of the committee.

(4) A quorum of a committee shall consist of two-

thirds of the members of the committee or, if that number is not a whole number, the number of members that is next above two-thirds of the members of the committee and any duly convened meeting of a committee at which a quorum is present shall be competent to transact any business of the committee and shall have and may exercise and perform all the functions of the committee.

(5)

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(5) The person presiding at any meeting of a committee shall, if the Authority so approves in relation to that committee, have in addition to a deliberative vote a second or casting vote.

(6) A decision supported by a majority of the votes of the members present and voting at a meeting of a committee shall be the decision of the committee.

Power to 14. Where by or under any Act provision is made

hold ofBce.	requiring the holder of an office specified therein to devote the whole of his time to the duties of his oflBce, or prohibiting him from engaging in employment outside the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office of a member of the Authority or of a committee or from retaining any remuneration payable to him under this Act.
StaS and	15. (1) The Commissioner for Motor Transport may, upon the recommendation or with the concurrence of the Authority, appoint such officers or casual employees as may be necessary to assist the Authority in the exercise or performance of its functions.
facilities.
(2) Any appointments made under this section shall be deemed to have been made under Part XI of the Transport Act, 1930, but that Act shall, for the purposes only of this Act, be deemed to be amended—

(a) by omitting from section 102 (1) the words “to the lowest grade in each of the various branches of the transport services, and” ;

(b) by omitting section 102 (4).

(3) The Authority’s recommendation or concur­ rence is not necessary for the removal, discharge, dismissal or suspension of an officer or employee appointed under this section.

(4)

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(4) The Authority may, with the approval of the Commissioner for Motor Transport and on such terms as may be arranged, make use of the facilities, or the services of any of the officers or employees, of the Department of Motor Transport.

(5) The Authority may, with the approval of any other public authority and on such terms as may be arranged, make use of the facilities, or the services of any of the officers, servants or employees, of that public authority.

PART III.

Functions of the Authority.

16.      (1) The Authority shall have and may exercise and General,

perform the functions conferred or imposed on it by or

under—

(a) this Act;

(b) the Metropolitan Traffic Act, 1900;

(c) the Motor Traffic Act, 1909;

(d) the Local Government Act, 1919; or

(e) the Traffic Safety (Lights and Hoardings) Act, 1951,

or any other Act.

(2) The Authority shall, in the exercise and per­

formance of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister.

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Functions 17. (1) The Authority is charged with the responsibility

of the	of—
Authority.

(a)	reviewing the traffic arrangements in the State, including arrangements in connection with the movement, regulation and control of traffic and the parking of vehicles;
(b)	formulating or adopting plans and proposals for the improvement of those arrangements;
(c)	establishing general standards and general principles in connection with—

(i)   the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traflSc control facilities; and

(ii)   the design of intersections and the approaches thereto or the approaches to railway level crossings,

for purposes connected with traffic safety and the

movement, regulation and control of traffic;

(d) establishing priorities in connection with the carrying out of activities, works or services, that are items of expenditure approved under section 24;

(e) promoting traffic safety; and

(f) co-ordinating the activities of public authorities so far as those activities relate to—

(i)   the carrying out of plans and proposals formulated or adopted by the Authority for the improvement of traffic arrangements;

(ii)

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(ii)   the construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities;

(iii) traffic safety; or

(iv)	any other matter connected	with the
Authority’s functions.

(2) The Authority may—

(a) promote traffic safety measures or activities, including measures or activities for—

(i)   the safety and protection of the public, including pedestrians, on public streets;

(ii) the prevention of accidents on public streets;

(iii)   the minimising of the effect of accidents occurring on public streets; and

(iv)   the protection of property from damage from accidents occurring on public streets;

(b)	promote or engage in the dissemination and publica­ tion by suitable media of advice and information resulting from research or otherwise for the educa­ tion and guidance of, and observance by, drivers of or persons travelling in vehicles, or persons on public streets, or manufacturers of, repairers of, or dealers in, vehicles or vehicle parts;
(c)	make reports or recommendations to the Minister, or any other person or body, in relation to—

(i)   traffic arrangements, and the movement, regulation and control of traffic, on public streets;

(ii) traffic planning;

(iii) traffic safety;

(iv)

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(iv) the parking of vehicles;

(v)   the operation, maintenance or alteration of traffic control facilities; or

(vi)   any other matter connected with the Authority’s functions;

(d)	make reports or recommendations to the Minister for amending the law, or making provision therein, in relation to matters connected with the Authority’s functions;
(e)	carry out or promote research or investigations into matters connected with any of the Authority’s functions, including research or investigations into—

(i) traffic control facilities; and

(ii)   the cause of accidents, their incidence and the ways and means that may be adopted for their prevention or for controlling or mitigating their effects; and

(f) co-operate with, or do or perform any act or thing in conjunction with, any person or body in connection with the Authority’s functions.

Directions. 18.

(1) The Authority may, from time to time, direct public authorities to implement plans or proposals formulated or adopted, general standards or general principles established, or other decisions made, by the Authority in the exercise or performance of the Authority’s functions.

(2) The Authority may communicate directions

under this section to such public authorities, and in such

manner, as it thinks fit.

(3)

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(3) While a direction communicated to a public authority under this section and applicable to its functions is in force, it is the duty of the public authority, by the exercise or performance of its functions in accordance with law, to comply with the direction, except where to do so—

(a)	would be impracticable by reason of emergency, accident or other special circumstances; or
(b)	would affect the functions of any person or body with respect to the laying or making of any informa­ tion or complaint, the continuance or discontinu­ ance of any proceedings for an alleged offence, or any other manner of dealing with an alleged offence.

(4) The failure of a public authority to comply with a direction of the Authority under this section does not invalidate any act, matter or thing to which the direction relates, and in particular does not invalidate the construction, erection, affixing or marking of any traffic control facility or any direction that is contained in or relates to the facility.

(5) A direction may be given under this section so

as to apply generally or in any particular case or class of cases.

(6) The power to give a direction includes the power to amend or revoke a direction.

19. (1) The Authority may, for the purpose of pro- Recommen-

moting traffic safety, make recommendations to a public dations as

authority in relation to the public authority’s functions in fî Ltog.

connection with the lighting of public streets, including

recommendations in relation to—

(a)	general principles relating to the provision of lighting on public streets;
(b)	the need for lighting on any particular public street or part thereof; and

(c)

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(c) the need for the improvement of lighting on any particular pubhc street or part thereof.

(2) It is the duty of a public authority to which recommendations are made under this section to give proper consideration to the recommendations and, as far as may be reasonably practicable, to carry the recommendations into effect.

Delegation. 20. (1) The Authority may, by instrument in writing under seal, delegate to—

(a) a member or a committee;

(b) a public authority;

(c) an officer of a Government Department; or

(d) an officer, servant or employee referred to in section 15,

the exercise or performance of such of the functions (other than this power of delegation) conferred or imposed on the Authority by or under this or any other Act as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.

(2) A function, the exercise or performance of which has been delegated under this section may, while the delega­ tion remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.

(3) A delegation under this section may be made subject to such limitations as to the exercise or perform­ ance of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.

(4) Notwithstanding any delegation under this section, the Authority may continue to exercise or perform any or all of the delegated functions.

(5)

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(5) Except in so far as the instrument of delegation

otherwise provides, a function delegated under this section

to—

(a)	the Commissioner for Motor Transport—may be exercised or performed by an officer or employee of the Department of Motor Transport;
(b)	the Commissioner for Main Roads—may be exercised or performed by an officer or employee of the Department of Main Roads;
(c)	the Commissioner of Police—may be exercised or performed by a member of the Police Force;
(d)	a public authority—may be exercised or performed by an officer, servant or employee of the public authority; or
(e)	an officer of a Government Department—may be exercised or performed by an officer or employee of the Department,

for the time being authorised by the delegate in that behalf.

(6) Notwithstanding any authorisation under sub­

section (5), a delegate under this section may continue to

■exercise or perform the delegated function.

(7) Any act or thing done or suffered by a delegate

(or a person authorised by the delegate under subsection (5)) while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done or suffered by the Authority and shall be deemed to have been done or suffered by the Authority.

(8)

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(8) The Authority may, from time to time, deter­

mine principles in accordance with which a delegate under this section (or a person authorised by the delegate under sub­ section (5 )) is to exercise or perform the functions delegated, but a failure to observe the principles does not invalidate the exercise or performance of any of the functions.

Miscel­ 21.

(1) Nothing in this Part applies to or in respect of any sign, mark, structure or device containing or relating to a requirement or direction, contravention of which gives rise to an offence under the Local Government Act, 1919, or any ordinance thereunder, but not under any other Act or any regulation thereunder.

laneous

provisions.

(2) Nothing in this Part affects—

(a) the operation of any provisions of any Act or statutory instrument in so far as those provisions prescribe standards or principles in connection with—

(i)   the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities; or

(ii)   the design of intersections and the approaches thereto or the approaehes to railway level crossings; or

(b) the power to make or execute a statutory instru­ ment under any other Act in relation to any such standards or principles.

(3) Any person who or body which would not, but for this subsection, have the power to co-operate with, or do or perform any act or thing in conjunction with, the Authority is hereby authorised so to co-operate or do or perform the act or thing.

PART

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PART IV.

F in a n c e .

22.          There shall be established and kept at the Treasury Traffic

in the Special Deposits Account an account to be known as Facilities

the “Traffic Facilities Fund”. '

23. There shall be paid into the Fund— Payments into the Fund.

(a)	such amounts as are from time to time agreed upon by the Treasurer and the Minister from the amounts from time to time (whether before or after the commencement of this section) appropriated by Parliament from the Road Transport and Traffic Fund (established under section 202 of the Transport Act, 1930);
(b)	the balance standing to the credit of the Road Transport and Traffic Fund (referred to in para­ graph (a)) at the close of each financial year of that Fund;
(c)	such amounts as are from time to time agreed upon by the Treasurer and the Minister from so much of the Public Vehicles Fund (established under section 204 of the Transport Act, 1930) as is not required to be applied in accordance with section 204 (3) of that A ct;
(d)	from the Sydney Harbour Bridge Account (opened under the Sydney Harbour Bridge (Administra­ tion) Act, 1932), such amounts as are sufficient to recoup the payments made from the Fund in relation to costs that would, had this Act not been enacted, have been met from that Account;

(e)

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(e)	such amounts as are from time to time agreed upoa by the Treasurer and the Minister from the collected proceeds of the motor vehicles tax levy imposed by section 2 (1) (a) of the Motor Vehicles (Taxation) Act, 1971;
(f)	such amounts as are from time to time agreed upon by the Treasurer and the Minister from the collected proceeds of the motor vehicles weight tax imposed by section 2 (1) (b) of the Motor Vehicles. (Taxation) Act, 1971;
(g)	the amounts paid to the Authority under sectioa 270n (3) of the Local Government Act, 1919;
(h)	such amounts as are from time to time paid into- the Fund by the Treasurer out of money paid to- the State by the Commonwealth;

(i)   any other amounts paid into the Fund by the Treasurer; and

(j) any other amounts received by the Authority, the Commissioner for Main Roads or the Commissioner for Motor Transport—

(i)   as or towards the cost of making good any damage or injury to traffic control facilities; or

(ii)   as or towards the cost of providing, main­ taining, repairing or operating traffic control facilities or carrying out any other activity, works or services connected with the Authority’s functions,

and directed by the Authority to be paid into the

Fund.

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24.      (1) Subject to this section, there may be paid out Payments

the Fund__

o r m e r u n a the Fund.

(a) the administrative and other expenses of the Authority;

■(b) the costs incurred in the provision of officers, servants, employees or facilities under section 15;

t(c) the costs (including administrative costs) incurred by the Q>mmissioner for Main Roads and the Commissioner for Motor Transport in connection with—

(i) the activities of the Authority; and

(ii)   the carrying out of any activities, works or services the cost of which is to be met from the Fund;

<d) the cost of the construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, including the cost of electricity and the cost of making essential or incidental alterations to public streets;

ie ) the costs incurred in connection with facilities for—

(i) the relief of traffic congestion; or

(ii)   the protection of pedestrians on public streets;

<f) the cost or a contribution towards the cost of road­ works in connection with the construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities or other traffic facilities;

(g)

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(g)	the cost or a contribution towards the cost of erecting bridges, subways or other facilities for use by pedestrians over, across, under or alongside public streets;
(h)	the cost or a contribution towards the cost of designing and constructing—

(i) intersections and the approaches thereto; or (ii) the approaches to railway level crossings, in so far as traffic safety and the movement, regu­ lation and control of traffic are concerned;

(i)   the cost or a contribution towards the cost of any traffic safety research or traffic safety education; and

(j) without affecting the generality of any of the foregoing provisions of this subsection, the cost or a contribution towards the cost of acquiring, resum­ ing, appropriating, taking on lease, disposing of and otherwise dealing with property in connection with any of the matters referred to in any of those provisions.

(2) No payment shall be made from the Fund without the approval of the Minister.

(3) An approval may be given under subsection (2)

so as to apply generally or to any particular case or class of

cases.

(4) Approval for any item of expenditure from the

Fund may be revoked by the Minister.

(5)

Act No. 32, 1976.

Traffic Authority.

(5) Where, but for this subsection, so much of the

Fund as consists of any amount referred to in section 23 (h) could not be used for expenditure incurred in accordance with any Act of the Parhament of the Commonwealth relating to the expenditure of that amount, that amount may be used for expenditure so incurred.

25.           The Authority shall, as directed by the Minister, and Proposals

at least once in each year, submit to the Minister proposals in relation to expenditure from the Fund, together with a state­ ment of the amounts necessary to be paid into the Fund to implement the proposals.

PART V.

Miscellaneous.

26.      (1) The Authority shall, as soon as practicable after Annual

30th June in each year, forward to the Minister a report of

its work and activities for the 12 months preceding that date. Parliament.

(2) The Minister shall lay that report, or cause it to be laid, before both Houses of Parliament as soon as praeticable after the receipt by him of the report.

27.           (1) The Authority may acquire by gift, bequest or power to

devise any property for any of the purposes of this Act and

may agree to and carry out the conditions of the gift, bequest *	’	”
or devise.

(2)

Act No. 32, 1976.

Traffic Authority.

(2) The rule of law relating to remoteness of vesting does not apply to any condition of a gift, bequest or devise to which the Authority has agreed.

(3) Nothing in the Stamp Duties Act, 1920, applies to any real or personal property of any nature or kind what­ ever comprised in any gift, bequest or devise made to the Authority.

Regula­ 28.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

tions.

Repeal of	29.	The Traffic Safety Act, 1970, IS repealed.
Act No. 74, 1970.
Amendment	30.	(1) The Metropolitan Traffic Act, 1900, is amended
of Act No.

8, 1900. in the manner set forth in Schedule 1,

Amendment	(2) The Motor Traffic Act, 1909, is amended in the
of Act No.

5, 1909.	manner set forth in Schedule 2.
of Act No.

Amendment (3) The Local Government Act, 1919, is amended

41, 1919.	in the manner set forth in Schedule 3.
Amendment

of Act No. (4) The Main Roads Act, 1924, is amended in the

24, 1924.	manner set forth in Schedule 4.
Amendment	(5) The Transport Act, 1930, is amended in the manner set forth in Schedule 5.

(6)

Act No. 32, 1976.

Traffic Authority.

(6) The Sydney Harbour Bridge (Administration) Amendment

Act, 1932, is amended in the manner set forth in Schedule 6. 2^ '̂32^°

(7) The Traffic Safety (Lights and Hoardings) Act, Amendment

1951, is amended in the manner set forth in Schedule 7.	7,195V
Savings

31.	Schedule 8 has effect.	and transitional provisions.
32.	Schedule 9 has effect.	Transfer of officers, contracts, etc., to Commis­ sioner for Main Roads.

SCHEDULE 1. Sec. 30.

Amendments to the Metropolitan Traffic Act, 1900.

(1) Section 4, definition of “Traffic Authority”—

After the definition of “Regulation”, insert :—

“Traffic Authority” means the Traffic Authority of

New South Wales.

(2) (a) Section 6 (1), (1a )—

Omit section 6 (1 ) , insert instead :—

(1) Except where otherwise expressly

provided to the contrary by this Act or the regulations, the provisions of this Act and the regulations shall, subject to the control and direction of the Minister, be administered by the Traffic Authority.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 1—continued.

Amendments to the Metropolitan Traffic Act, 1900

continued.

(1a) Except where otherwise expressly pro­ vided to the contrary by this Act or the regula­ tions, the provisions of this Act and the regula­ tions shall be enforced by the Commissioner of Police and members of the police force.

(b) Section 6 (2)-

Omit “the administration”, insert instead

enforcement”.

(c) Section 6 (2 )—

Omit and, subject to disallowance by the Governor, and within one month from the commencement of this Act, the Commissioner of Police may, notwithstanding any provision of the Police Regulation Act, 1899, appoint for the purpose of such administration any officers employed by the Commissioners at the time of such commencement”.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 1—continued.

Amendments to the Metropolitan Traffic Act, 1900

—continued.

(3) (a) Section 13d (2), (4 ), (6) and (9 )—

Omit “Commissioner of Police” wherever

occurring, insert instead “Traffic Authority”.

(b) Section 13d (2 )—

Omit “his”, insert instead “its”.

SCHEDULE 2. Se».sa

Amendments to the Motor Traffic Act, 1909.

(1) Section 2 ( 1 ) , definition of “Traffic Authority”— After the definition of “Superintendent”, insert:—

. “Traffic Authority” means the Traffic Authority of

New South Wales

(2) Section 2a—

Omit the section, insert instead :—

2a. (1) Except where otherwise expressly pro-Adminis-

vided to the contrary by this Act or by regulation under

this Act—

(a) the provisions of this Act and the regula­ tions relating or incidental to the regulation and control of traffic, of motor vehicles upon

p 8530— 15 SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 2—continued.

Amendments to the Motor Traffic Act, 1909-—

continued.

public streets, and of drivers of and other persons in or on motor vehicles upon public streets, including provisions relating or incidental to traffic control facilities (within the meaning of the Traffic Authority Act, 1976) but not including provisions relating or incidental to the registration of motor vehicles and the licensing of drivers; and

(b) section 4a and 4d,

shall, subject to the control and direction of the

Minister, be administered by the Traffic Authority.

(2) Except where otherwise expressly pro­

vided to the contrary by this Act or by regulation

under this Act—

(a) the provisions of this Act and the regulations relating or incidental to the registration of motor vehicles, the licensing of drivers and the construction and equipment of motor vehicles;

(b) Part ni, except sections 4a and 4d ; and

(c)	any other provisions of this Act, other than those required to be administered by the
Traffic Authority, ............

shall, subject to the control and direction of the Minister, be administered by the Commissioner for Motor Transport.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 2-r^ontinued.

Amendments to the Motor Traffic Act, 1 9 0 9 ^

continued.

(3) Section 3 (2) (c )—

Omit “or the Commissioner of Police”, insert instead “, the Commissioner of Pohce or the Traffic Authority”.

(4) Section 4a (1), (3 )—

Omit “Minister” wherever occurring, insert instead

“Traffic Authority”.

(5) (a) Section 4d (2), (4), (6) and (9 )—

Omit “Commissioner of Police” wherever

occurring, insert instead “Traffic Authority”.

(b) Section 4d (2 )—

Omit “his”, insert instead “its”.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

Sec. 30. SCHEDULE 3.

A mendments to the Local Government A ct, 1919.

(1) (a) Section 269a—

Omit “Commissioner of Police” wherever occur­ ring, insert instead ‘Traffic Authority of New South Wales”.

(b) Section 269a (6 )—

Omit “him”, insert instead “it”.

(2) Section 270d (2) (c)—

Omit “Commissioner for Motor Transport, or an officer of the Department of Motor Transport”, insert instead “Chairman of the Traffic Authority of New South Wales, or a person”.

(3) (a) Section 270n (3 )—

Omit “to the Commissioner for Motor

Transport”.

(b) Section 270n (3) (a )—

Before “such”, insert “to the Commissioner for

Motor Transport”.

(c) Section 270n (3) (b )—

Omit “such amount as may be agreed upon by the Commissioner for Motor Transport”, insert instead “to the Traffic Authority of New South Wales such amount as may be agreed upon by that Authority”.

(d) Section 270n (4 )—

Omit “Commissioner for Motor Transport” where secondly occurring, insert instead “Traffic Authority of New South Wales”.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 4. Sec. 30.

A mendments to the Main Roads Act, 1924.

(1) Section 7 (4 )—

After “shall”, insert to the extent to which they are

not payable from any other source,”.

(2) Section 10 ( 1 b ) —

After section 10 ( 1 a ) , insert:—

(1b ) a reference in subsection (1) (a) or (a l) to the collected proceeds of the motor vehicles tax levy or the motor vehicles weight tax does not include a reference to any amounts payable to the Traffic Facilities Fund pursuant to section 23 (e) or (f) of the Traffic Authority Act, 1976.

(3) Section 20 ( 1 b ) —

After section 20 ( 1 a ) , insert:—

( 1 b ) a reference in subsection (1) (a) or (a l) to the collected proceeds of the motor vehicles tax levy or the motor vehicles weight tax does not include a reference to any amounts payable to the Traffic Facilities Fund pursuant to section 23 (e) or (f) of the Traffic Authority Act, 1976.

(4) Section 40 ( 2 a ) —

After section 40 (2), insert:—

(2a) Any person who causes damage or injury to any traffic control facility (within the meaning of section 48c) shall, except where the damage or injury is caused by ordinary wear and tear, pay the cost incurred by the Qimmissioner in making good the damage or injury.

SCHEDULE

3^	Act No. 32, 1976.
Traffle A uthority.

SCHEDULE A— continued.

Amendments to the Main Roads Act, 1924— continued.

(5) Section 48c—

; After section 48b, insert:— ,

Traffic

contr<d	48c. (1) In this section—
facilities.

“public street” means any street, road, lane, thoroughfare, footpath or place open to or used by the public, and includes any place open to or used by the public on the pa5nnent of money or otherwise;

“traffic control facility” means—

(a)	traffic control lights on public streets, and equipment used in connection with traffic control lights;
(b)	any sign, marking, structure or device containing or relating to a requirement, contravention of which is an offence arising under the Motor Traffic Act, 1909, the Metropolitan Traffic Act, 1900, or any regulation under either of those Acts;
(c)	any sign, device or line referred to in section 270n (1) (c) of the Local Government Act, 1919;
(d)	any other sign, marking, structure or device that is intended to promote safe or orderly traffic movement on public streets or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards; and

....... SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 4— continued.

A mendments to the Main Roads Act, 1924— continued.

(e) any bridge or subway or other facility for use by pedestrians over, across, under or alongside a public street.

(2) The Commissioner may—

(a)	construct, erect, afiix or mark traffic control facihties;
(b)	maintain, repair, alter, operate or remove traffic control facihties constructed, erected, affixed or marked by the Commissioner or the Commissioner for Motor Transport;
(c)	subject to paragraph (d), maintain,

repair, alter, operate or remove any

other traffic control facilities, with

the concurrence of the person or .a-; -v '
body responsible for those facihties; and
(d)	alter or remove lines marked on public streets by a council for the purposes of or for purposes con­ nected with vehicular or pedestrian traffic.

(3) The Commissioner may make essential or incidental alterations to public streets for the purposes of subsection (2).

(4) A reference (however expressed) in this section to any thing, or traffic movement, on a pubhc street includes a reference to any thing, or traffic move­ ment, above, over, across, in or under a pubhc street.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 4— continued.

A mendments to the Main Roads Act, 1924— continued.

(5) This section is in addition to, and not in

derogation of, any provision of this Act, or any other Act or law, conferring or imposing powers, authorities, duties or functions on the Commissioner, or any other person or body, in relation to traffic control facilities, but has effect subject to the Traffic Authority Act, 1976.

(6) This section extends to the whole of the

Western Division of the State.

Sec. 3a SCHEDULE 5.

Amendments to the Transport Act, 1930.

(1) (a) Section 202 (2) (d )-(d 3 ) —

Omit the paragraphs.

(b) Section 202 (2) (k )—

Omit the paragraph.

(c) Section 202 (2) (1 )—

At the end of section 202 (2), insert ;—

(1) the amounts to be paid into the Traffic

Facilities Fund pursuant to section 23

(a) of the Traffic Authority Act, 1976.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 5—continued.

Amendments to the Transport Act, 1930—continued.

(d) Section 202 (2a)—

Omit the subsection.

(e) Section 202 (5 )—

Omit the subsection.

(2) (a) Section 204 (3) (c)—

Omit “and such other expenditure in connection with facilities for the movement of transport or the relief of traffic congestion or with the protec­ tion of pedestrians upon public streets as the Trust considers desirable in the public interest within the district of the Trust”.

(b) Section 204 (4 )—

After section 204 (3), insert :—

(4) There may be paid out of the fund the

amounts to be paid into the Traffic Facilities Fund pursuant to section 23 (c) of the Traffic Authority Act, 1976.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

Sec. 30. SCHEDULE 6.

A mendments to the Sydney Harbour Bridge

(A dministration) A ct, 1932.

(1) Section 7 (3) (ii)—

After “Bridge”, insert “, other than costs incurred in respect of the control and management of traffic on the Bridge”.

(2) Section 7 (3) (ivf)—

After section 7 (3) (ive), insert:—

(ivf) the payments to the Traffic Facilities Fund provid^ by section 23 (d) of the Traffic Authority Act, 1976;

(3) Section 7 (3) (v)—

After “construction”, insert “, and other than costs incurred in respect of the control and management of traffic on the Bridge”.

Sec. 30, SCHEDULE 7.

Amendments to the Traffic Safety (Lights and

Hoardings) Act, 1951.

(1) Section 2, definition of “Traffic Authority”—

After the definition of “Public authority”, insert :—

“Traffic Authority” means the Traffic Authority of

New South Wales.

(2) Section 3 (1 )—

Omit “Minister” wherever occurring, insert instead

“Traffic Authority”.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 8. Sec. 31.

Sa v in g s a n d T r a n s it io n a l P ro v isio n s .

1.          Any person appointed pursuant to section 7 (1) of Traffic

the Traffic Safety Act, 1970, shall be deemed to have been ^̂ **1970

appointed under Part XI of the Transport Act, 1930, but

’

section 102 of that Act does not apply to or in respect of that

person.

2.      (1) A direction given by the Commissioner of Police Meu-o-

under section 13d of the Metropolitan Traffic Act, 1900,

and in force at the commencement of this clause shall be Act, 1900.

deemed to have been given by the Authority.

(2) The authority of the Commissioner of Police

given for the purposes of section 13d (subsection (7) excepted) of the Metropolitan Traffic Act, 1900, before the commencement of this clause shall be deemed to have been given by the Authority.

3.      (1) A direction given by a Minister under section 4a Motor

of the Motor Traffic Act, 1909, and in force at the commence- ac“®®909

ment of this clause shall be deemed to have been given by the	’
Authority.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 8—continued.

Savings and Transitional Provisions— continued.

(2) A direction given by the Commissioner of Police under section 4d of the Motor Traffic Act, 1909, and in force at the commencement of this clause shall be deemed to have been given by the Authority.

(3) The authority of the Commissioner of Pohce given for the purposes of section 4d (subsection (7) excepted) of the Motor Traffic Act, 1909, before the commencement of this clause shall be deemed to have been given by the Authority.

Local	4. (1) An application made to the Commissioner of Government Act, 1919, and pending at the commencement of this clause shah be deemed to have been made to the Authority.
Govern­
ment Act,	Police for a consent under section 269a (6) of the Local
1919.
(2) A consent given by the Commissioner of Police under section 269a (6) of the Local Government Act, 1919, and in force at the commencement of this clause shall be deemed to have been given by the Authority.

(3) Section 270n of the Local Government Act,

1919, applies to and in respect of the costs referred to in that section, and incurred before the commencement of this clause, as if this Act had not been enacted.

TraflBc	5.	A notice given under section 3 (1) of the Traffic Safety
Safety

(Lights (Lights and Hoardings) Act, 1951, before the commencement

andof this clause, and the requirements of the notice, shall be

AcriwT^ deemed to have been given and imposed, respectively, by the

Authority.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 8—continued.

Sa v in g s a n d T r a n s it io n a l P ro visions—continued.

6.         The costs of any activities, works or services carried Costs and

out, or any expenses otherwise incurred, before the commence­ ment of this clause, and unpaid at that commencement, shall be payable from the Fund if they would have been payable from the Fund had this clause been in force at the time when the activities, works or services were carried out or the expenses were incurred.

SCHEDULE 9. Sec. 32.

Transfer of Officers, Contracts, etc., to

Commissioner for Main Roads.

1. In this Schedule—

Interpreta­

tion.

“effective date”, in relation to—

(a)	a person specified in an instrument under clause 2; or
(b)	a contract, agreement or lease specified or described in an instrument under clause 4,

means the date on which the instrument takes

effect;

“officer”, in relation to the Department of Motor Trans­ port, means any officer, clerk, servant or other person employed in that Department;

“superannuation scheme” means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any A ct;

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

‘transferred person” means a person who is an officer or employee of the Department of Main Roads by virtue of clause 2.

Transfer 2. (1) The Commissioner for Motor Transport and the

office^^

Commissioner for Main Roads may, from time to time, by

to

instrument in writing, declare that any officers of the

Department of Motor Transport who—

Roads.

(a) are specified in the instrument; and

(b) are, in the opinion of the Commissioners, engaged wholly or principally in connection with the con­ struction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities,

are officers to whom this clause applies.

(2) A person who is so declared to be an officer to whom this clause applies and who is an officer of the Depart­ ment of Motor Transjx>rt immediately before the effective date shall become and be an officer or employee (as the case may require) of the Department of Main Roads.

(3) An instrument under this clause takes effect on

the date of its execution or a later date specified in the instrument, but not in any case later than one year after the date of commencement of this clause.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

3. (1) Where any condition of employment (including Preservation

the rate of salary or wages) of a transferred person was,

immediately before the effective date, regulated by an award transferred

or industrial agreement, that condition shall continue to be so

regulated, until it is varied by an award by which the Com­

missioner for Main Roads is bound made by a competent

tribunal, or that condition is regulated by an industrial

agreement to which the Commissioner is a party.

(2) A transferred person is entitled to the same rights and privileges, if any, with regard to annual, sick, deferred, extended or other leave as if he had continued to be an officer of the Department of Motor Transport, and for the purposes of this subclause service with the Department of Main Roads shall be deemed to be service with the Department of Motor Transport.

(3) Subject to subclause (4), a transferred person—

(a)	shall retain any rights accrued or accruing to him as an officer of the Department of Motor Transport and as a contributor to a superannuation scheme;
(b)	where, but for this subclause, he would not be entitled to contribute to any superannuation scheme to which he was a contril5utor immediately before the effective date—may contribute to that scheme: and
(c)	shall be entitled to receive any payment, pension or gratuity,

as if he had continued to be such an officer or contributor (as referred to in paragraph (a )) during his service as an officer or employee of the Department of Main Roads, and—

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

(d)	his service with the Department of Main Roads shall be deemed to be service with the Department of Motor Transport for the purpose of any law under which those rights accrued or were accruing, under which he continues to contribute or by which that entitlement is conferred; and
(e)	he shall be deemed to be an officer of the Depart­ ment of Motor Transport for the purpose of the superannuation scheme to which he is entitled to contribute under this subclause, and any contribu­ tions payable by his employer for the purpose of the scheme shall be payable by the Commissioner for Main Roads,

but nothing in this subclause applies to annual, sick, deferred,

extended or other leave.

(4) A transferred person who, but for this subclause,

would be entitled under subclause (3) to contribute to a superannuation scheme or to receive any payment, pension or gratuity shall not be so entitled upon his becoming a contrib­ utor to any other superaimuation scheme, and the provisions of subclause (3) (e) cease to apply to or in respect of him and the Commissioner for Main Roads in any case where he becomes a contributor to such another superannuation scheme.

(5) Subclause (4) does not prevent the payment to a

transferred person upon his ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of that scheme.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9— continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

(6) Where, but for subclause (3), a transferred

person would not be entitled to contribute to a superannuation scheme to which he was a contributor immediately before the effective date, he may withdraw from the scheme as if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of the scheme.

(7) While a transferred person is not an employee

within the meaning of the Superannuation Act, 1916, but would be such an employee if he withdrew from a super­ annuation scheme, he shall, for the purposes of section 92a of that Act, be deemed to have become eligible to be a contributor within the meaning of that Act.

(8) A transferred person is entitled to the same rights

and privileges, if any, with regard to annual or holiday rail passes and travel concessions as if he had continued to be an officer of the Department of Motor Transport, and the follov/ing provisions have effect :—

(a)	any such rights or privileges shall be subject to the like restrictions and conditions as are applicable in respect of rail passes and travel concessions accorded to any officers of the Department of Motor Transport;
(b)	any such rights or privileges shall, subject to paragraph (a), continue in force until an award

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

by which the Commissioner for Main Roads is bound is made by a competent tribunal, or an industrial agreement to which the Commissioner is a party is made, containing provision for alternative recompense to him in substitution for those rights and privileges;

(c)	the Public Transport Commission of New South Wales is hereby authorised to issue to him any such pass or concession to which he is entitled; and
(d)	the cost of any such pass or concession is payable from the Fimd.

(9) Except as expressly provided by this clause, a

transferred person is not entitled to claim benefits under this Act as well as under any other Act in respect of the same period of service.

(10) Nothing in this clause affects the operation of

the Industrial Arbitration Act, 1940.

Contracts, 4. (1) The Commissioner for Motor Transport and the

and leases. . ■’ agreements Commissioner for Main Roads may, from time to time, by

instrument in writing, declare that any contracts, agreements

or leases that—

(a) are specified or described in the instrument; and

SCHEDULE

Act No. 32, 1976.	48
Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

(b) were, in the opinion of the Commissioners, entered into with the Commissioner for Motor Transport in connection with the construetion, erection, affix­ ing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities,

are contracts, agreements or leases to which this clause

applies.

(2) A contract, agreement or lease that is so declared to be one to which this clause applies and that is in force immediately before the effective date shall be deemed to be a contract, agreement or lease entered into with the Commis­ sioner for Main Roads.

(3) Any proceedings in relation to such a contract, agreement or lease shall be commenced by or against the Commissioner for Main Roads instead of the Commissioner for Motor Transport.

(4) Nothing in this clause affects any proceedings

commenced by or against the Commissioner for Motor Trans­ port in relation to such a contract, agreement or lease before the effeetive date.

(5) An instrument under this clause takes effect on

the date of its execution or a later date specified in the instru­ ment, but not in any case later than one year after the commencement of this clause.

SCHEDULE

Act No. 32, 1976.

Traffic Authority.

SCHEDULE 9—continued.

Transfer of Officers, Contracts, etc., to Commissioner for Main Roads—continued.

Property. 5.

(1) The Commissioner for Motor Transport, with the concurrence of the Commissioner for Main Roads, may, from time to time, and on such terms (if any) as may be agreed upon, give, transfer, convey, assign or otherwise dispose of to the Commissioner for Main Roads any real or personal property that—

(a) is vested in or owned by the Commissioner for Motor Transport; and

(b) in the opinion of the Commissioners—

(i)   is or has been used wholly or principally by the Commissioner for Motor Transport in connection with the construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facihties; or

(ii)   is suitable for use by the Commissioner for Main Roads in connection with the exercise or performance of his powers, authorities, duties or functions under section 48c of the Main Roads Act, 1924, as amended by this Act.

(2) Any powers conferred on the Commissioner for Motor Transport or the Commissioner for Main Roads by subclause (1) are in addition to any powers that they or either of them would have if this clause had not been enacted.