Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 (NSW)
New South Wales
T r a n s p o r t A d m i n i s t r a t i o n A m e n d m e n t
( R a i l C o r p o r a t i s a t i o n a n d
R e s t r u c t u r i n g ) A c t 1 9 9 6 N o 5 6
C o n t e n t s
Page
| 1 | Nam e of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment o f Transport Adm inistration Act 1988 | |
| No 109 | 2 | |
| 4 | Amendment o f other Acts and instruments | 2 |
S c h e d u le s
| 1 | Amendment of Transport Administration Act 1988 | 3 |
| 2 | Amendment of other Acts and instruments | 72 |
New South Wales
T r a n s p o r t A d m i n i s t r a t i o n A m e n d m e n t
( R a i l C o r p o r a t i s a t i o n a n d
R e s t r u c t u r i n g ) A c t 1 9 9 6 N o 5 6
Act No 56, 1996
An Act to amend the Transport Administration Act 1988 to restructure the State Rail Authority, to establish statutory State owned corporations to grant access to the NSW rail network and to operate rail freight services and to establish statutory bodies to provide goods and services to the rail industry and to advise on development, coordination and regulation of public passenger services throughout the State; to make consequential amendments to other legislation; and for other purposes. [Assented to 28 June 1996]
| Section | 1 | Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Transport Administration Amendment (Rail
Corporatisation and Restructuring) Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Transport Administration Act 1988 No 109
The Transport Administration Act 1988 is amended as set out in
| Schedule | l . |
4 Amendment of other Acts and instruments
Each Act and instrument specified in Schedule 2 is amended as set out in that Schedule.
TransportAdministrationAmendment(RailCorporatisationand Restructuring) Act 1996 No56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| S c h e d u le | 1 | A m e n d m e n t | of | T ra n s p o r t |
| A d m in is tra t io n A c t | 1988 |
(Section 3)
[1 ] Long title
Omit the long title. Insert instead:
An Act to constitute the State Rail Authority, Rail Access Corporation, Freight Rail Corporation, the Railway Services Authority, the State Transit Authority and the Roads and Traffic Authority and to make provision for their management and functions; to establish the Public Transport Authority and a Roads and Traffic Advisory Council; to provide for the administration of public transport in New South Wales; and for other purposes.
[2] Section 3 Definitions
| Insert “ the Railway Services Authority,” after “State Rail Authority,” in the definition of Authority in section 3 (1). |
[3] Section 3 (1)
Insert the following definitions in alphabetical order:
Freight Rail Corporation (or FRC) means Freight Rail corporation constituted under this Act.
Ministerial Holding Corporation means the Ministerial Holding Corporation constituted by section 37B of the State Owned Corporations Act 1989.
Public Transport Authority (or PTA) means the Public Transport Authority of New South Wales constituted under this Act.
Rail Access Corporation (or RAC) means Rail Access
Corporation constituted under this Act.
TransportAdministrationAmendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
Rail Corporation means Freight Rail Corporation or Rail
Access Corporation.
Railway Services Authority (or RSA) means the Railway Services Authority of New South Wales constituted under this Act.
[4 ] Section 3 (1)
Omit “or a railway freight service” from the definition of railway service.
[5 ] Section 3 (3 )
Insert after section 3 (2):
| (3) | Notes in the text of this Act do not form part of this Act. |
[ 6 ] Part 2, Division 1A
Insert after Division 1 of Part 2:
| ||
| 4A Objectives of SRA |
| (1) | The principal objectives of the State Rail Authority are: | |||
|
(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 Authority, and
| (c) | to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and |
TransportAdministrationAmendment(Rail Corporatisation and Restructuring) Act 1996 No56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (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. |
| (2) | Each of the principal objectives of the State Rail Authority is of equal importance. |
Section 5 Railway services
Omit “and railway freight services” from section 5 (1).
Section 6 Other transport services
Omit “and road freight services” from section 6 (1).
Section 7 General duties with respect to services
Omit the section.
Section 8 Miscellaneous functions of SRA
Omit “construct railways” from section 8 (1) (a). stock maintenance faCilities” .
Section 8 (1) (g)
Omit “persons; and” Insert instead “persons.” .
Section 8 (1) (h)
Omit the paragraph.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
[ 1 3 ] Section 8A National Rail Corporation (Agreement) Act 1991
| Omit “ is, in the exercise of its functions” . and the Railway Services Authority are, in the exercise of their functions” . |
[ 1 4 ] Section 9 Constitution of SRA Board
Omit section 9 (2) (b).
[ 1 5 ] Section 9 (3 )
Omit subsection (3). Insert instead:
| (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 the State Rail Authority. |
[ 1 6 ] Section 15 Corporate plans
Insert after section 15 (2):
(2A) During the preparation of a corporate plan after the commencement of this subsection, the State Rail Authority 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.
(2B) The State Rail Authority is to make the completed corporate plan available for public inspection. However, the Authority 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.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[ 1 7 ] Section 15 Corporate plans
Insert “ in relation to each such separate activity” after “objectives” in section 15 (4) (c).
[ 1 8 ] Section 15 (4A)
Insert after section 4:
| (4A) | A corporate plan must specify strategies for dealing with the integration of passenger services and passenger safety, security and conduct and any other similar issues that the Minister directs are to be addressed by the corporate plan. |
[ 19] Parts 2A and 2B (sections 19A-19AH)
Insert after Part 2:
| ||
| ||
| 19A Definitions |
| (1) | In this Part and Schedule 6A: NSWrail network means the railway lines vested in or owned by Rail Access Corporation (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned). portfolio Minister has the same meaning as in the State Owned Corporations Act 1989. rail infrastructure facilities: | |
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (b) | does not include any stations, platforms, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings and spur lines connected to premises not vested in or owned by Rail Access Corporation. |
rail operator means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track.
rolling stock means a vehicle that operates on or uses a railway track and that is used or proposed to be used to transport passengers or freight (or both) on a railway track for reward.
voting shareholders has the same meaning as in the
State Owned Corporations Act 1989.
| (2) | Words and expressions used in this Act and also in the State Owned Corporations Act 1989 have the same meanings as they have in that Act. |
19B Meaning of “NSW Rail Access Regime”
| (1) | In this Part and Schedule 6A, NSW Rail Access Regime means an access regime established from time to time by the Minister and approved by the Premier for the purpose of implementing the Competition Principles Agreement |
| in respect of third party access to the NSW rail network | |
| by persons as rail operators, including the use of such rail infrastructure facilities that are vested in or owned by Rail Access Corporation as are necessary for the safe operation of rolling stock on that network. | |
| (2) | The portfolio Minister may, by order in writing, direct that facilities specified in the order that are vested in or owned by Rail Access Corporation be treated as rail infrastructure facilities for the purposes of this Act and an access regime established under this section. |
| (3) | An access regime established in accordance with this section may, in respect of the carriage of coal, provide for special access pricing principles during the period |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
that a government coal-carrying service is, by section 78 of the Competition Policy Reform Act 1995 of the Commonwealth, not a service for the purposes of Part IIIA of the Trade Practices Act 1974 of the Commonwealth. Those special access pricing principles may continue, for the whole or any part of that period, the level of prices applicable to those services before the establishment of that access regime.
An access regime established in accordance with this section must make provision with respect to the application of Part 4A of the Independent Pricing and Regulatory Tribunal Act 1992 to a dispute with respect to third party access to the NSW rail network by persons as rail operators. In any arbitration of such a dispute, the arbitrator must:
| (a) | give effect to the access regime, and |
| (b) | take into account (in addition to the matters referred to in section 24B (3) of that Act) the desirability of ensuring priority and certainty of access for passenger services. |
Note. Section 19E (5) of this Act requires the Rail Access Corporation to act in accordance with the NSW Rail Access Regime when exercising its functions.
The Minister is to cause a copy of an access regime established in accordance with this section (and any amendment or replacement of that regime) to be published in the Gazette as soon as practicable after it has been established (or amended or replaced).
Before any such access regime is amended or replaced the Minister is to make a draft of the amendment or the replacement regime available for public comment for at least 30 days and is to have regard to any submissions the Minister receives about the draft within that period. The arrangements for obtaining or inspecting the draft and for making submissions are to be advertised in a daily newspaper circulating throughout the State. This subsection does not apply if the Minister is satisfied that the matter is minor or urgent.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (7) | Without limiting this section, the Minister is to take into account all the public benefits arising from an access regime (including those that do not have a direct commercial value) when establishing, amending or replacing the access regime. |
| (8) | In this section, Competition Principles Agreement has the same meaning as in the Independent Pricing and Regulatory Tribunal Act 1992. |
| Division 2 | Rail Access Corporation |
19C Establishment of RAC as statutory State owned
corporation
| (1) | There is constituted by this Act a corporation with the corporate name of Rail Access Corporation. |
| (2) | The State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, the words “Rail Access Corporation” . |
| Note. The State Owned Corporations Act 1989 contains many provisions that apply to RAC (and FRC) as statutory State owned corporations. In particular, Part 3 contains provisions relating to their status, the application of the Corporations Law, the issue of shares to the Treasurer and another Minister, the board of directors, the chief executive officer, the employment of staff, the giving of directions by the portfolio Minister (including directions as to the performance of non-commercial activities or the carrying out of public sector policies), the memorandum and articles, dividends and tax-equivalent payments, government guarantees, the sale or disposal of assets and legal capacity. Part 4 deals with the accountability of State owned corporations (including statements of corporate intent, annual reports and accounts). Part 5 deals with miscellaneous matters (including the duties and liabilities of directors and the application of public sector legislation). |
19D Objectives of RAC
| (1) | The principal objectives of Rail Access Corporation are: | |||
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
to be a successful business and, to this 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
to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and
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
to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates, and
to maintain reasonable priority and certainty of
access for passenger services.
| (2) | Each of the principal objectives of Rail Access Corporation is of equal importance. |
19E Functions of RAC
Rail Access Corporation has the functions conferred or imposed on it by or under this or any other Act or law.
The principal functions of Rail Access Corporation are:
| (a) | to hold, manage and establish rail infrastructure facilities on behalf of the State, and |
| (b) | to provide persons with access as rail operators to the NSW rail network. |
In providing access to the NSW rail network, Rail Access Corporation must, in a manner that is consistent with the NSW Rail Access Regime, provide for:
| (a) | the development and maintenance of an access pricing policy, and |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (b) | the compilation of the master timetable for the allocation of train paths, and |
| (c) | the establishment of systems to ensure that train paths are allocated in an efficient and impartial manner under the master timetable, and |
| (d) | the preparation and application of standards for the allocation of train priorities and the resolution of conflicts if the master timetable cannot apply for any reason. |
| (4) | Rail Access Corporation may: | |||||
| ||||||
| (5) | In exercising its functions, Rail Access Corporation must act in accordance with the NSW Rail Access Regime. | |||||
| (6) | Each annual report of Rail Access Corporation prepared under the Annual Reports (Statutory Bodies) Act 1984 must include a section that: | |||||
| ||||||
| (7) | This section does not limit the functions of Rail Access Corporation apart from this section, but is subject to the provisions of the State Owned Corporations Act 1989, this Act and any other Act or law. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
19F Powers of RAC relating to rail infrastructure facilities
and land
Schedule 6A (Powers of RAC relating to rail infrastructure facilities and land) has effect.
| Division 3 | Freight Rail Corporation |
19G Establishment of FRC as statutory State owned
corporation
| (1) | There is constituted by this Act a corporation with the corporate name of Freight Rail Corporation. |
| (2) | The State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, the words “Freight Rail Corporation”. |
| Note. See note to section 19C concerning the operation of the State Owned Corporations Act 1989 in relation to FRC and RAC. |
19H Objectives of FRC
| (1) | The principal objectives of Freight Rail Corporation are: to operate efficient, safe and reliable rail freight services, and |
to be a successful business and, to this 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
to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and
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
to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.
| (2) | Each of the principal objectives of Freight Rail Corporation is of equal importance. |
TransportAdministration Amendment (RailCorporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
19I Functions of FRC
Freight Rail Corporation has the functions conferred or imposed on it by or under this or any other Act or law.
The principal function of Freight Rail Corporation is to operate rail freight services.
Freight Rail Corporation may:
| (a) | provide facilities or services that are ancillary or incidental to its principal function, and |
| (b) | conduct any business (whether or not related to its principal function) that it considers will further its objectives. |
This section does not limit the functions of Freight Rail Corporation apart from this section, but is subject to the provisions of the State Owned Corporations Act 1989, this Act and any other Act or law.
| Division 4 | General matters relating to Rail Corporations |
19J Transfer of SRA assets, rights and liabilities
The Minister may, by order in writing, direct that such assets, rights and liabilities of the State Rail Authority or any State Rail Authority subsidiary corporation, as are specified or referred to in the order, be transferred to a Rail Corporation.
Assets, rights or liabilities may not be transferred under this section to a Rail Corporation unless the Rail Corporation is a statutory State owned corporation.
Schedule 4 (Transfer of assets, rights and liabilities of SRA and its subsidiaries) applies to an order under this section.
For the purposes of this section, the assets, rights and liabilities of the State Rail Authority and any State Rail Authority subsidiary corporation include:
| (a) | any assets, rights or liabilities of the State Rail Authority and any State Rail Authority subsidiary corporation that have vested in the Ministerial Holding Corporation under this Act, and |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (b) | any assets, rights or liabilities used by or attaching to the State Rail Authority and any State Rail Authority subsidiary corporation and belonging to the State or an authority of the State. |
| (5) | An order under this section may be made on such terms and conditions as are specified in the order. |
| (6) | Section 20C of the State Owned Corporations Act 1989 does not apply to the assets, rights or liabilities of the SRA or a SRA subsidiary corporation. |
19K Transfer of other assets, rights and liabilities
| (1) | The Minister may, by order in writing, direct that such other assets, rights or liabilities used by or attaching to the State Rail Authority or any State Rail Authority subsidiary corporation as are specified or referred to in the order, be transferred to the Ministerial Holding Corporation or to any other person on behalf of the State. |
| (2) | An order under this section may be made on such terms and conditions as are specified in the order. |
| (3) | Schedule 4 (Transfer of assets, rights and liabilities of SRA and its subsidiaries) applies to an order under this section. |
19L Restriction on sale of shares
Shares in a Rail Corporation may not be sold or otherwise disposed of except to eligible Ministers.
19M Transfer of certain SRA staff
Schedule 6 (Transfer of certain SRA staff (other than certain chief executives)) has effect with respect to a transfer of members of staff of the State Rail Authority to a Rail Corporation.
TransportAdministration Amendment(Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
19N Foundation charter of Rail Corporations for purposes of
SOC Act
For the purposes of the State Owned Corporations Act 1989, the foundation charter of a Rail Corporation is this Part of this Act (but not the remainder of this Act).
Note. Section 3 of the State Owned Corporations Act 1989 defines the foundation charter of a statutory SOC as the whole of the Act by which a SOC is established for the purposes of the SOC Act and, in particular, for the purpose of the provisions relating to the legal capacity of statutory SOCs and assumptions that they have complied with that Act and their foundation charter.
19O Board of directors
The board of directors of a Rail Corporation is to be appointed by the voting shareholders and is to consist of not fewer than 3 and not more than 7 directors.
One director of the board is to be appointed by the voting shareholders on the recommendation of 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 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. The other directors appointed by the voting shareholders must each or together have such expertise as the voting shareholders consider necessary in order to realise the principal objectives of the relevant Rail Corporation.
3 persons nominated by the Labor Council.
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.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (6) | The voting shareholders may remove a director from office at any time for any or no reason and without notice (but only at a duly convened meeting of the voting shareholders) and, in that event, the office of the director is taken to have become vacant for the purposes of Schedule 8 to the State Owned Corporations Act 1989. |
| (7) | Subject to subsection (8), section 20J of and Schedule 8 to the State Owned Corporations Act I989 have effect with respect to the board of a Rail Corporation and its constitution and procedure. |
| (8) | Section 20J (2), (3) (a) and (4) of, and clauses 4 and 7 (1) (d) and (2) of Schedule 8 to, the State Owned Corporations Act I989 do not apply with respect to the board of a Rail Corporation. |
19P Portfolio Minister not to be shareholder of Rail
Corporations
The portfolio Minister of a Rail Corporation must not be, and is not eligible for nomination as, a shareholder of the Rail Corporation.
19Q Shareholders of Rail Corporations
| (1) | The same Minister (other than the Treasurer) may not be nominated as, and may not be, a shareholder of both of the Rail Corporations at the same time. |
| (2) | This section applies despite anything in section 20H (5) of the State Owned Corporations Act 1989. |
19R Chief executive officer
| (1) | The chief executive officer of a Rail Corporation is to be appointed by the board after consultation with the voting shareholders. |
| (2) | The board may remove a person from office as chief executive officer, at any time, for any or no reason and without notice, but only after consultation with the voting shareholders. |
| (3) | The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine after consultation with the voting shareholders. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
The board may, after consultation with the voting shareholders, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.
The Public Sector Management Act 1988 (Part 8 included) does not apply to the chief executive officer.
Subject to subsection (7), Schedule 9 to the State Owned Corporations Act 1989 has effect with respect to the chief executive officer.
The provisions of section 20K (2) of the State Owned Corporations Act 1989, and of clauses 2, 3 and 6 of Schedule 9 to that Act, do not apply to the chief executive officer.
The provisions of this section are in addition to and (except to the extent to which this section provides) do not derogate from the provisions of the State Owned
| Corporations Act | 1989. |
19S Acting chief executive officer
| (1) | The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer. | |||
| (2) | The board may remove a person from office as acting chief executive officer, at any time, for any or no reason and without notice. | |||
| (3) | A person, while acting in the office of chief executive officer: | |||
| ||||
| (4) | For the purposes of this section, a vacancy in the office of a chief executive officer is regarded as an absence from office of the chief executive officer. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (5) | Clause 5 of Schedule 9 to the State Owned Corporations Act 1989 does not apply to an acting chief executive officer of a Rail Corporation. |
| (6) | The provisions of this section are in addition to and (except to the extent to which this section provides) do not derogate from the provisions of the State Owned Corporations Act 1989. |
19T Dividends
| (1) | The voting shareholders of a Rail Corporation, in consultation with the board, are to determine the Rail Corporation's share dividend scheme. |
| (2) | The dividends to be paid by a Rail Corporation are to be declared by the board in accordance with the share dividends scheme so determined. |
| (3) | The provisions of section 20S (1) of the State Owned Corporations Act 1989 do not apply to a Rail Corporation. |
| Part 2B | Railway Services Authority |
| Division 1 | Constitution of Railway Services Authority |
19U Constitution of RSA
| (1) | There is constituted by this Act a corporation with the corporate name of the Railway Services Authority of New South Wales. | |||
| (2) | The Railway Services Authority: | |||
|
| Division 2 | Objectives of Railway Services Authority |
19V Objectives of RSA
| (1) | The principal objectives of the Railway Services Authority are: | |
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
to be a successful business and, to this 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 Authority, and
to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and
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
to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.
| (2) | Each of the principal objectives of the Railway Services Authority is of equal importance. |
| Division 3 | General functions of Railway Services Authority |
19W Functions of RSA
The principal function of the Railway Services Authority is to supply goods and provide services to the rail industry in New South Wales.
Subsection (1) does not limit the power of the Railway Services Authority to provide goods and services to other industries or to the rail industry outside New South Wales.
Without limiting subsections ( l ) and (2) and any other functions conferred or imposed on it, the Railway Services Authority may:
| (a) | 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 |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
conduct any business, whether or not related to the operation of a railway, and for that purpose use any property or the services of any staff of the Authority, and
acquire and build, and maintain or dispose of, any engines, carriages, vehicles, plant, machinery or equipment, and
make and enter into contracts or arrangements with any person for the operation by the person, on such terms and subject to such conditions as may be agreed, of any of the services or businesses of the Railway Services Authority, and appoint agents, and act as agent for other persons, and
acquire, by lease, licence or otherwise, land for the
purpose of carrying out its functions.
Railway Services Authority may exercise its
functions within or outside New South Wales and, without limiting this subsection, may enter into contracts with persons outside New South Wales for the performance of any of its functions outside the State.
19X Duty with respect to safe operations
The exercise of functions by the Railway Services Authority is subject to the requirements of the Rail Safety Act 1993.
| Division 4 | Management of Railway Services Authority |
Executive of RSA
The Governor may appoint a Chief Executive of the effect with respect to the Chief Executive.
Railway Services Authority.
Executive to manage and control affairs of RSA
The affairs of the Railway Services Authority are to be managed and controlled by the Chief Executive of that Authority.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (2) | Any act, matter or thing done in the name of, or on behalf of, the Railway Services Authority by the Chief Executive is taken to have been done by the Railway Services Authority. |
19AA Ministerial control
The Railway Services Authority is, in the exercise of its functions, subject to the control and direction of the Minister.
19AB RSA to supply information to Minister
The Railway Services Authority must:
| (a) | supply the Minister or a person nominated by the Minister with such information relating to its activities as 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.
19AC Corporate plans
| (1) | The Railway Services Authority must, at least 3 months before the beginning of each financial year of the Authority, prepare and deliver to the Minister a draft corporate plan for the financial year. | |||
| The Railway Services Authority must: | ||||
| ||||
| (3) | The Railway Services Authority must, as far as practicable, exercise its functions in accordance with the relevant corporate plan. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (4) | A corporate plan must specify: | |||||||
| ||||||||
| (5) | This section is subject to any requirement made by or under this Act. | |||||||
| (6) | As soon as practicable after the commencement of this section, the Railway Services Authority must carry out a review of the existing railway-related services that were provided by the State Rail Authority before the commencement of this Part and that are to be provided by the Railway Services Authority in accordance with this Part and provide the Minister with a report on: | |||||||
|
19AD Exercise of functions through subsidiary corporations,
joint ventures or other associations
| (1) | In this section, subsidiary corporation means: | |
|
1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (b) | a private subsidiary corporation referred to in section 19AF. |
| (2) | Any function of the Railway Services Authority may be exercised: | |||||
|
19AE Public subsidiary corporations
In this section, public subsidiary corporation means a corporation constituted in accordance with this section.
The regulations may constitute a corporation for the purposes of this section with the corporate name specified in the regulations.
A public subsidiary corporation:
| (a) | has such of the functions of the Railway Services Authority as are specified in the regulations or delegated to it under this Act, and |
| (b) | is a statutory body representing the Crown. |
The provisions of or made under this Act or any other Act relating to the Railway Services Authority apply to and in respect of a public subsidiary corporation in such manner and to such extent as are prescribed by the regulations.
With the approval of the Treasurer and the Minister:
| (a) | the Railway Services Authority 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 the Railway Services Authority or to another public subsidiary corporation. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (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 the Railway Services Authority. |
19AF Private corporations and private subsidiary corporations
In this section:
private corporation means a corporation within the meaning of the Corporations Law formed in or outside New South Wales.
private subsidiary corporation means a private corporation in which the Railway Services Authority has a controlling interest.
The Railway Services Authority 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 railway or other transport services or engineering services.
The Railway Services Authority must not, without the approval of the Treasurer and the Minister:
| (a) | form, or participate in the formation of, a private subsidiary corporation, or |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (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 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, and does not, represent the Crown. |
19AG Delegation of functions of RSA
The Railway Services Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by the Railway Services Authority if the delegate is authorised in writing to do so by the Authority.
In this section, authorised person means:
| (a) | an officer of the Railway Services Authority, or |
| (b) | a person of a class prescribed by the regulations or approved by the Chief Executive of the Authority. |
| Division 5 | Transfer of SRA assets, rights and liabilities |
| to RSA |
19AH Transfer of SRA assets, rights and liabilities
| (1) | The Minister may, by order in writing, direct that such assets, rights and liabilities of the State Rail Authority or any State Rail Authority subsidiary corporation, as are specified or referred to in the order, be transferred to the Railway Services Authority. |
| (2) | Schedule 4 (Transfer of assets, rights and liabilities of SRA and its subsidiaries) applies to an order under this section. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (3) | For the purposes of this section, the assets, rights and liabilities of the State Rail Authority or any State Rail Authority subsidiary corporation include: | |||
| ||||
| (4) | An order under this section may be made on such terms and conditions as are specified in the order. |
[20] Part 3, Division 1A
Insert after Division 1 of Part 3:
| ||
| 20A Objectives of STA |
| (1) | The principal objectives of the State Transit Authority | |||
| are: | ||||
|
(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 Authority, 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 |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (e) | to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates. |
| (2) | Each of the principal objectives of the State Transit Authority is of equal importance. |
Section 23 General duties with respect to services
Omit the section.
Section 25 Constitution of STA Board
Omit section 25 (2) (b).
Section 25 (3)
Omit subsection (3). Insert instead:
| (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 the State Transit Authority. |
Section 31 Corporate plans
Insert after section 31 (2):
(2A) During the preparation of a corporate plan after the commencement of this subsection, the State Transit Authority 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.
(2B) The State Transit Authority is to make the completed corporate plan available for public inspection. However, the Authority 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.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[25] Section 31 Corporate plans
Insert “ in relation to each such separate activity” after “objectives” in section 31 (4) (c).
[26] Section 31 (4A)
Insert after section 31 (4):
| (4A) | A corporate plan must specify strategies for dealing with the integration of passenger services and passenger safety, security and conduct and any other similar issues that the Minister directs are to be addressed by the corporate plan. |
[27] Section 38 Functions of ensuring provision of appropriate passenger services
| Omit “ transport services” wherever occurring. Insert instead “passenger services” . |
[28] Section 38 (4)
Omit the subsection.
[29] Section 42 STA to provide staff etc for Director-General
Omit the section.
[30] Part 5 (sections 44 and 45)
Insert after Part 4:
|
44 Constitution of PTA
| (1) | There is constituted by this Act a corporation with the corporate name of the Public Transport Authority of New South Wales. | |
| (2) | The Public Transport Authority consists of: | |
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
(i) the Director-General of the Department of Transport, and
(ii) the Chief Executive of the State Rail Authority, and
(iii) the Chairperson of the State Rail Authority Board, and
(iv) the Chief Executive of the State Transit Authority, and
(v) the Chairperson of the State Transit Authority Board, and
| (b) | not more than 5 members appointed by the Minister, including: | |||||||
| ||||||||
| (c) | another member appointed by the Minister, by the member's instrument of appointment, as Chairperson of the Authority. |
| (3 ) | If, pursuant to clause 3 of Schedule 1 (Constitution and procedure of State Rail Authority Board and State Transit Authority Board): | |||
| ||||
| the number of ex-officio members of the Public Transport Authority is to be reduced accordingly. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (4) | Schedule 3 (Provisions relating to Public Transport Authority and Roads and Traffic Advisory Council) has effect with respect to the constitution and procedure of the Authority. |
45 Function of PTA
| (1) | The function of the Public Transport Authority is to advise the Minister on any matter relating to the development, coordination and regulation of public passenger services throughout the State. |
| (2) | Any such advice may be given either at the request of the Minister or without any such request. |
| (3) | In this section, public passenger services means the carriage of passengers for a fare or other consideration by motor vehicle, vessel or train. |
[31] Part 5A (sections 45A-45D)
Insert before Part 6:
| ||
| 45A Meaning of “public passenger services” |
In this Part, public passenger services means the carriage of passengers for a fare or other consideration by motor vehicle, vessel or train.
45B Constitution of Council
| (1) | The Minister is to establish a Public Transport Advisory Council. The Council is to consist of part-time members appointed by the Minister, of whom: | |
|
under clause 3 of Schedule 3, and
| (b) | 2 are to be representatives of the users of public |
transport, selected from a panel of at least 6 persons nominated by non-government organisations designated by the Minister whose primary aim is to represent the interests of public transport users, and
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (c) | 1 is to be a representative of the users of public transport who have disabilities, selected from a panel of at least 3 persons nominated by the Accessible Transport Forum established by the Minister or other body designated by the Minister, and | |||
| (d) | 1 is to be a representative of the users of public transport, selected from a panel of at least 6 | |||
|
organisations designated by the Minister whose primary aim is to represent the interests of consumers generally, and
| (e) | 1 is to be selected from a panel of at least 6 persons nominated by non-government organisations designated by the Minister whose primary aim is to protect the environment, and |
| (f) | 1 is to be a representative of local government, selected from a panel of at least 3 persons nominated by the Local Government Association of New South Wales, and |
| (g) | 1 is to be selected by the Minister because of the person's expertise in public transport planning, and |
| (h) | 1 is to be a person with expertise in urban planning nominated by the Minister for Urban Affairs and Planning. |
| (3) | Schedule 3 has effect with respect to the constitution and procedure of the Council. |
45C Functions of Council
| (1) | The principal function of the Council is to advise the Minister and the Public Transport Authority on community requirements for public passenger services. | |||
| (2) | The Council may, in particular: | |||
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (c) | advise on any changes to the NSW Rail Access Regime referred to in section 19B. |
| (3) | The Council may undertake public consultation for the purpose of exercising its functions. |
| (4) | Any advice by the Council may be given either at the request of the Minister or the Public Transport Authority, or without any such request. |
| (5) | The Council is required to keep minutes of proceedings at its meetings and to furnish to the Minister a copy of the minutes of each meeting within 14 days after the meeting was held. |
45D Annual report by Council
| (1) | The Council is to prepare an annual report on the performance of public passenger services, including an assessment of the extent to which the services are meeting their targets and are taking into account relevant environmental and social factors. |
| (2) | The Minister is to be provided with a draft of the report and given at least 30 days to make any observations the Minister wishes to make to the Council on the draft report. |
| (3) | The Council is to publish its annual report in such manner as it thinks fit. However, any observations of the Minister on the draft report are to be appended to the report. |
[32] Part 7, Division 1A (sections 59-59C)
Insert after Division 1 :
| ||
| 59 Employment of staff |
The Railway Services Authority may employ such staff as it requires to exercise its functions.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
59A Salary, wages and conditions of staff
The Railway Services Authority 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.
59B Regulations relating to staff
| (1) | The regulations may make provision for or with respect to the employment of the staff of the Railway Services Authority, including the conditions of employment and discipline of any such staff. | |||||||
| (2) | Any such regulations relating to the conditions of employment or the discipline of staff: | |||||||
|
59C Transfer of certain SRA staff to RSA
Schedule 6 (Transfer of certain SRA staff (other than certain chief executives)) has effect.
[33] Section 60 Employment of staff
| Omit “and as the Director-General requires to exercise the Director-General's functions under Part 4”. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[34] Part 8, Division 1A (sections 72A-72D)
Insert after Division 1:
| ||
| 72A Railway Services Authority Fund |
There is established a Special Deposits Account to be called the Railway Services Authority Fund.
72B Payments into Railway Services Authority Fund
is payable into the Railway Services Authority
Fund:
all money received by or on account of the Parliament for the purposes of the Authority, and all other money required by or under this or any other Act to be paid into the Fund.
Railway Services Authority, and
all money advanced to the Railway Services
72C Payments from Railway Services Authority Fund
There is payable from the Railway Services Authority
Fund:
| (a) | all payments made on account of the Railway Services Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, and |
| (b) | all other payments required by or under this or any other Act to be paid from the Fund. |
72D Payment of dividend to Treasurer
The Railway Services Authority must pay to the Treasurer, out of any surplus for a financial year, such dividend as the Minister determines and the Treasurer approves.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
Section 86 Ministerial supervision of orders fixing charges
Omit “or freight” wherever occurring from section 86 (I) and (2).
Part 9, Division 1, heading
Omit the heading.
Insert instead “Division 1 Miscellaneous provisions relating to
State Rail Authority, Railway Services Authority and Rail Access
Corporation” .
Section 89 Sale, lease or other disposal of land
Insert “or the Railway Services Authority” after “State Rail
Authority” in section 89 (1).
Section 90 Acquisition of land
Omit “ for the purposes of the construction or extension of a railway
or for any other purposes of” from section 90 (1).
Insert instead “ for any purposes of”.
Section 92
Omit the section. Insert instead:
92 Maintenance of railway lines
Rail Access Corporation is not required to maintain a railway line on which no services are operated.
Section 93 Closure and disposal of railway lines
Omit “The State Rail Authority” from section 93 (1).
Insert instead “Rail Access Corporation” .
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[41] Section 93 (3)
Omit the subsection. Insert instead:
| (3) | For the purposes of this section, a railway line is not closed merely because Rail Access Corporation has entered into a lease or other arrangement in respect of it pursuant to an agreement entered into by the Commonwealth and the State. |
[42] Section 94
Omit the section. Insert instead:
94 Closure of level-crossings, bridges and other structures
| (1) | Rail Access Corporation may, with the approval of the Minister, close any level-crossing, bridge or other structure for crossing or passing over or under any railway track if both the level-crossing, bridge or other structure and the railway track are owned by the Corporation. | |||
| (2) | Rail Access Corporation must notify the Minister of any proposal by it to close a level-crossing, bridge or other structure for crossing or passing over or under a railway track. | |||
| (3) | Rail Access Corporation must, before closing any such level-crossing, bridge or other structure: | |||
| ||||
| (4) | On the closure of any such level-crossing, bridge or other structure, all rights, easements and privileges in relation to that level-crossing, bridge or other structure are extinguished. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
[43] Section 95 Inquiries into railway accidents
Omit the section.
[44] Section 96 Limitation of compensation in respect of damage to property by fire
Insert “or Rail Access Corporation” after “State Rail Authority” where firstly and thirdly occurring.
[45] Section 96 (a)
Insert “or by Rail Access Corporation in the exercise of its functions under this Act” after “services” .
[46] Section 96
Insert “or such other amount as may be prescribed by the regulations” after “$50,000”.
[47] Section 107, definition of “transport authority”
Insert after section 107 (a):
(a1) the Railway Services Authority, or
[48] Section 112 Personal liability of certain persons
Insert “ the Railway Services Authority,” after “State Rail Authority,” in the definition of member of a transport authority in section 112 (2).
[49] Section 112 (2), definition of “transport authority”
Insert after section 112 (2) (a):
(a1) the Public Transport Authority, and
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
Schedule 1 Constitution and procedure of State Rail Authority
Board and State Transit Authority Board
Omit “and the Director-General” from the definition of appointed member in clause 1.
Schedule 1, clause 1
Omit “, the Director-General” from the definition of member.
Schedule 1, clause 7 (g)
Omit clause 7 (g). Insert instead:
| (g) | becomes a mentally incapacitated person, or |
Schedule 2 Provisions relating to Chief Executives
Omit “ (Secs. 11 (3), 27 (3), 47 (2))” .
Insert instead “(Sections 11 (3), 19Y (2), 27 (3), 47 (2))” .
Schedule 2, clause 1
Insert “the Chief Executive of the Railway Services Authority,” after
“State Rail Authority,” in the definition of Chief Executive.
Schedule 3, heading
Omit the heading.
Insert instead “Schedule 3 Provisions relating to Public Transport
Authority, Public Transport Advisory Council and Roads and
Traffic Advisory Council”.
Schedule 3, clause 1
Insert “ the Public Transport Authority, the Public Transport Advisory Council or” after “means” in the definition of Advisory Council.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
Schedule 3 , clause 1
Omit “ the Advisory Council” from the definition of member.
Insert instead “an Advisory Council” .
Schedule 3 , clause 3 (3 ) and (4)
Omit “ the Roads and Traffic Advisory Council” wherever occurring.
Insert instead “an Advisory Council” .
Schedule 3 , clauses 4 (3 ), 11, 12 (2) and 14
Omit “ the Advisory Council” wherever occurring.
Insert instead “an Advisory Council” .
Schedule 3 , clauses 7 (1) (e), 10, 12 (1) and 13
Omit “ the Advisory Council” wherever firstly occurring.
Insert instead “an Advisory Council” .
Schedule 3 , clause 7 (g)
Omit clause 7 (g). Insert instead:
| (g) | becomes a mentally incapacitated person, or |
Schedule 4
Insert after Schedule 3:
| Schedule 4 | Transfer of assets, rights and liabilities of SRA and its subsidiaries |
(Sections 19J, 19K and 19AH)
1 Definitions
In this Schedule:
assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
rights means any rights, powers, privileges or
immunities (whether present or future and whether
vested or contingent).
2 Application and interpretation
| (1) | This Schedule applies to the following orders under this Act: | |||||
| ||||||
| (2) | In this Schedule, the body or person from whom any assets, rights or liabilities are so transferred is called the transferor and the body or person to whom they are being so transferred is called the transferee. |
3 Vesting of undertaking in transferee
When any assets, rights or liabilities are transferred by an order to which this Schedule applies, the following provisions have effect (subject to the order):
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
those assets of the transferor vest in the transferee by virtue of this Schedule and without the need for any conveyance, transfer, assignment or assurance,
those rights and liabilities of the transferor become by virtue of this Schedule the rights and liabilities of the transferee,
all proceedings relating to those assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
any act, matter or thing done or omitted to be done in relation to those assets, rights or liabilities before the transfer by, to or in respect of the transferor is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent that it relates to those assets, rights or liabilities but subject to regulations or other provisions under Schedule 7), to be read as, or as including, a reference to the transferee.
4 Operation of Schedule
| (1) | The operation of this Schedule is not to be regarded: | |||
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (c) | as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability. |
| (2) | The operation of this Schedule is not to be regarded as an event of default under any contract or other instrument. |
| (3) | No attornment to the transferee by a lessee from the transferor is required. |
| (4) | The operation of this Schedule includes the making of an order to which this Schedule applies. |
5 Date of vesting
An order to which this Schedule applies takes effect on the date specified in the order.
6 Consideration for vesting
| (1) | An order to which this Schedule applies may specify the consideration on which the order is made and the value or values at which the assets, rights or liabilities are transferred. |
| (2) | The consideration and value or values cannot exceed the optimised deprival of those assets, rights or liabilities. |
| (3) | In this clause, optimised deprival value means a value determined by the application of the Guidelines on Accounting Policy for Valuation of Government Trading Enterprises prepared by the Steering Committee on National Performance Monitoring of Government Trading Enterprises, agreed on by the Commonwealth and States and published in October 1994. |
7 Stamp duty
Stamp duty is not chargeable in respect of:
| (a) | the transfer of assets, rights and liabilities to a Rail Corporation, the Ministerial Holding Corporation or other person on behalf of the State or the RSA by an order to which this Schedule applies, or |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (b) | anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or registration of an interest |
in land).
8 Transfer of interest in land
| (1) | An order to which this Schedule applies may transfer an interest in respect of land vested in the SRA or any SRA subsidiary corporation without transferring the whole of the interests of the SRA or subsidiary corporation in that land. |
| (2) | If the interest transferred is not a separate interest, the order operates to create the interest transferred in such terms as are specified in the order. |
| (3) | This clause does not limit any other provision of this Schedule. |
9 Determinations of Minister for purposes of orders
For the purposes of any order to which this Schedule applies, a determination by the Minister as to which entity to which any assets, rights or liabilities relate is conclusive.
10 Confirmation of vesting
| (1) | The Minister may, by notice in writing, confirm a transfer of particular assets, rights and liabilities by operation of this Schedule. |
| (2) | Such a notice is conclusive evidence of that transfer. |
[63] Schedule 5 Extended leave for staff of each Authority
Omit Conciliation and Arbitration Act 1904” from subparagraph (i) of paragraph (a) of the definition of service as an adult in clause 3 (5).
Insert instead “ Industrial Relations Act 1988” .
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
Schedule 5, clause 3 (5) (a) (ii)
Omit “ Industrial Arbitration Act 1940” .
Insert instead “ Industrial Relations Act 1991
Schedule 5, clause 3 (7) (a) and (8) (a)
Omit “ the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963” wherever occurring. Insert instead “13 December 1963” .
Schedule 6
Insert after Schedule 5:
| Schedule 6 | Transfer of certain SRA staff (other than certain chief executives) |
(Sections 19M and 59C)
1 Definitions
In this Schedule:
former SRA stuff means the members of staff of the SRA immediately before the commencement of this Schedule (other than the holder of a position specified in clause 48 or 49 of Part 3 of Schedule 7) who, after that commencement, are transferred to a Rail Corporation or the RSA by an order made under this Schedule.
the SRA enterprise agreements means:
| (a) | the State Rail Authority of New South Wales— State—Enterprise Agreement 1995, and |
| (b) | the State Rail Authority of New South Wales Enterprise Agreement 1996, |
or, if any such agreement expires or is replaced before the commencement of this Schedule, any new enterprise agreement entered into by the SRA or a SRA subsidiary corporation to replace that agreement (as so in force).
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
2 Transfer of former SRA staff to Rail Corporations
| (1) | The Minister may, by order in writing, provide that such former SRA staff as are specified or described in the order are transferred to a Rail Corporation specified in the order. |
| (2) | A person who is the subject of an order under this clause is taken for all purposes as having become an employee of the Rail Corporation, in accordance with the terms of the order, on the day on which this Schedule commences. |
3 Transfer of former SRA staff to RSA
| (1) | The Minister may, by order in writing, provide that such former SRA staff as are specified or described in the order are transferred to the RSA. |
| (2) | A person who is the subject of an order under this clause is taken for all purposes as having become an employee of the RSA, in accordance with the terms of the order, on the day on which this Schedule commences. |
4 Preservation of SRA enterprise agreements
(1) Despite anything contained in the Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996, the SRA enterprise agreements continue in force for the terms of the agreements, but subject to this clause.
(2) The Rail Corporations and the RSA (and their
successors) are, for the purposes of this clause, taken to
be parties to the SRA enterprise agreements.
5 Preservation of remuneration and other conditions of
employment on transfer from SRA
| (1) | Except as otherwise provided by this Schedule and the regulations, the terms and conditions on which former SRA staff become employed on being transferred under this Schedule (including terms and conditions as to remuneration, allowances and duration of employment) are those on which they were employed by the SRA immediately before the commencement of this Schedule. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
The terms and conditions of employment referred to in subclause (1) apply to new employees of a Rail Corporation or the RSA in the same way as they apply to former SRA staff of the same class or classification who are transferred to the Rail Corporation or the RSA.
The terms and conditions of employment referred to in subclause ( l) may be varied but only by the means by which they could be varied immediately before the commencement of this Schedule.
| (4) | Despite subclauses (1)-(3), a person who is the subject of an order under clause 2 and who, immediately before the making of the order, held an executive position under Part 2A of the Public Sector Management Act 1988 (other than a position referred to in clause 48 of Part 3 of Schedule 7) in the SRA is not entitled to exercise a right to return to the public sector or to seek the benefit of section 42R or 42S of the Public Sector Management Act 1988: | |||
|
6 Preservation of leave and other entitlements for
previous service of SRA staff and mobility entitlements of former SRA staff for future service with one or more new employers
| (1) | Continuous service of former SRA staff with the SRA and with one or more new employers is taken, for all purposes, as service with their current new employer. |
| (2) | This clause applies, without limiting its operation, for the purpose of the accrual of leave with the new employer and for the purpose of any entitlements to redundancy payments from the current new employer. |
| (3) | In particular, former SRA staff retain, on transfer under this Schedule (or on subsequent transfer) to a new employer, any rights to annual leave, long service leave and sick leave accrued or accruing in their previous employment with the SRA or a new employer. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 NO 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (4) | A person's entitlement to any such leave is to be calculated: | |||
| ||||
| (5) | For the purposes of this clause, a new employer is any Rail Corporation, the RSA or the SRA. |
7 Special provision relating to long service leave and sick
leave for staff of Rail Corporations
| (1) | For the purposes of this Schedule, terms and conditions, in relation to former SRA staff who are transferred to a Rail Corporation pursuant to an order to which this Schedule applies and to other employees of the Rail Corporation, include the provisions of: |
Schedule 5 (Extended leave for staff of each Authority) as if the references in that Schedule to:
(i) an officer included references to an employee of the Rail Corporation, and
(ii) a relevant Authority included references to the Rail Corporation, and
clause 10 (relating to sick leave) of the Transport Administration (Staff) Regulation 1995 as if the references in that clause to:
(i) SRA officers and other employees of the SRA included references to employees of the Rail corporation, and
(ii) the SRA included references to the Rail Corporation.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (2) | The provisions referred to in subclause (1) are, in so far as they relate to a Rail Corporation, taken to have been fixed by an award. |
8 Applications for transfer by former SRA staff
This clause applies, in the period of 4 years after the commencement of this Schedule, to the filling of any vacant position in a Rail Corporation, the RSA or the
SRA if the applicants eligible to apply for the vacancy
are limited to the staff of the Rail Corporation, the RSA
or the SRA, as the case may be.
Any former SRA staff who are transferred under this Schedule are eligible to apply for a vacancy to which this clause applies as if they were members of the staff of the relevant Rail Corporation, the RSA or the SRA.
This clause does not apply to former SRA staff who are no longer employed by a Rail Corporation, the RSA or the SRA.
Any former SRA staff who are employed by a Rail Corporation and who apply for any vacant position to which this clause applies in the RSA or the SRA have the same rights of appeal against the filling of the position as they would have if they were employees of the Authority concerned.
Any former SRA staff who are employed by the RSA or the SRA and who apply for any vacant position to which this clause applies in a Rail Corporation have the same rights of appeal (if any) against the filling of the position as they would have if they were employees of the Rail Corporation concerned.
Note. Entitlements to superannuation for former SRA staff are preserved by amendments made by Schedule 2 to the Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 that declare the Rail Corporations to be employers for the purposes of the State's superannuation schemes.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
9 No payment out on transfer or dual benefits
| (1) | This clause applies to a person who becomes, because of this Schedule, a member of the staff of a Rail Corporation, the RSA or the SRA. |
| (2) | A person to whom this clause applies is not entitled to receive any payment or other benefit merely because the person ceases to be a member of the staff of the SRA. |
| (3) | A person to whom this clause applies is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service. |
10 Transport Appeal Boards Act 1980 not to apply to Rail Corporations
The Transport Appeal Boards Act 1980 does not apply in relation to a Rail Corporation.
[6 7 ] Schedule 6A
Insert after Schedule 6:
|
(Section 19F)
1 Definitions
In this Schedule:
SRA building means a building owned by, vested in or under the control of the SRA but does not include any building of which the SRA is the lessor.
SRA land means land owned by, vested in or under the
control of the SRA but does not include any land of
which the SRA is the lessor.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
2 Ownership of rail infrastructure facilities
RAC is the owner of all rail infrastructure facilities installed in or on land, in or on rivers and other waterways and in or on the beds of rivers and waterways by RAC and of all rail infrastructure facilities vested in or transferred to RAC (whether or not the place on which the facilities are situated is owned by RAC).
RAC may, subject to this Act, inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that is necessary or appropriate to any of its rail infrastructure facilities that are situated on SRA land or on or in a SRA building to ensure that, in the opinion of RAC, the rail infrastructure facilities are established, held and managed in an efficient, safe and reliable manner.
RAC may, subject to this Act, the NSW Rail Access Regime and the State Owned Corporations Act 1989, sell or otherwise deal with rail infrastructure facilities that it owns.
3 Entry on to land
| (1) | RAC may, by persons issued with certificates of authority under this Schedule, enter and occupy SRA land or a SRA building in accordance with this Schedule for the purpose of exercising its functions including: | |||
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (a) | the obligation of the SRA and RAC to enter into a memorandum of understanding concerning the management of SRA land on which rail infrastructure facilities vested in or owned by RAC are situated and that is not used by the SRA or a lessee or licensee of the SRA, |
| (b) | the use of rail infrastructure facilities vested in or owned by RAC, |
| (c) | the protection and preservation of rail infrastructure facilities. |
[68] Schedule 7 Savings, transitional and other provisions
Omit “ this Schedule” from clause 1. Insert instead “Part 2” .
[69] Schedule 7, clause 2 (1)
Omit “ the cognate Acts.” . Insert instead:
the cognate Acts,
| Transport | Administration | Amendment | (Rail |
Corporatisation and Restructuring) Act 1996,
[70] Schedule 7, Part 2, heading
Omit the heading. Insert instead:
| ||
|
[71] Schedule 7 , headings
| Omit “Part 3” , “Part 4” , “Part 5 ” , “Part 6” and “Part 7” . Insert instead “Division 3” , “Division 4”, “Division 5 ” , “Division 6” and “Division 7” . |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
[72] Schedule 7 , Part 3
Insert after Division 7:
| ||
| 47 Definitions |
In this Part:
amending Act means the Transport Administration
Amendment (Rail Corporatisation and Restructuring)
Act 1996.
former SRA officer means a person who was a member of the staff of the SRA immediately before 1 July 1996 and who, after that date, is transferred to a Rail Corporation or the RSA by an order made under Schedule 6.
rail business means a Rail Corporation, the RSA or the
SRA.
48 Chief executive officers of Rail Corporations
| (1) | Despite section 19R ( l) , on the commencement of that subsection and this clause: | |||
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
remuneration and duration of employment) as those of the holder's appointment as, Group General Manager, Freight Rail with the SRA.
Despite subclause ( l) , a person who is the holder of an executive position under Part 2A of the Public Sector Management Act I988 referred to in that subclause is not entitled to exercise a right to return to the public sector or to seek the benefit of section 42R or 42S of the Public Sector Management Act 1988:
| (a) | on ceasing, on the commencement of this clause, to hold that position, or |
| (b) | on ceasing to be employed with a Rail Corporation. |
The other provisions of section 19R apply to a chief executive officer taken to be appointed in accordance with this clause.
executive officer of RSA
Despite section 19Y ( l) , on the commencement of that subsection and this clause, the holder of the senior executive position of General Manager, Railway Services in the SRA becomes, and is taken to be appointed as, the chief executive officer of the RSA for the residue of the holder's term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder's appointment as, General Manager, Railway Services with the SRA.
The provisions of section 19Y (2) and Schedule 2 apply to a chief executive officer taken to be appointed in accordance with this section.
50 Timetable for first statement of corporate intent
A period within which any matter is required to be done under section 21 of the State Owned Corporations Act 1989 in connection with the first statement of corporate intent of a Rail Corporation may be extended by the voting shareholders of the Rail Corporation.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
51 Saving of Rail Safety Act 1993
Nothing in the amending Act affects the operation of the
Rail Safety Act 1993.
52 Rail Corporations and RSA taken to hold certain
authorisations and licences under Electricity Supply Act
1995
A Rail Corporation and the RSA are, on the commencement of this clause, taken to hold the same authorisations and licences, on the same terms and conditions, as the authorisations and licences that the SRA is taken to hold pursuant to clause 16 (3) of Schedule 6 to the Electricity Supply Act 1995.
53 References to Commissioner for Railways in provision dealing with supply of sufficient electricity for railways (sec 12, Electricity (Pacific Power) Act 1950 No 22)
| ( l) | On and from the commencement of this clause until the repeal of section 12 (Commission to supply sufficient electricity for railways and road transport) of the Electricity (Pacific Power) Act 1950 by the operation of Schedule 5.2 [7] to the Electricity Supply Act 1995, references in that section to the Commissioner for Railways are to be read as references to: |
(a) the SRA, and
| ||
| If, on the commencement of Schedule 2 to the amending Act, the repeal of section 12 of the Electricity (Pacific Power) Act 1950 made by Schedule 5.2 [7] to the Electricity Supply Act 1995 has not commenced, the amendment contained in Schedule 2.5 [3 ] of the amending Act is taken to be of no effect until such time as the amendment to section 12 of the Electricity (Pacific Power) Act 1950 commences. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
54 References to SRA in Railway Construction (Maldon to
Port Kembla) Act 1983 No 112
On and from the commencement of this clause:
| (a) | a reference to the State Rail Authority in the Railway Construction (Maldon to Port Kembla) Act 1983 (except in section 2 (2)) is to be read as a reference to RAC, and |
| (b) | a reference to the State Rail Authority is to be read as a reference to RAC. |
55 Reference to Constructing Authority for purposes of
certain easements for city underground railway
On and from the commencement of this clause, the reference to the Constructing Authority in section 19 of the City and Suburban Electric Railways Act 1915 (the operation of which is saved by clause 12 of Division 1 of Part 2) is to be read as extending to RAC.
56 Applications for review of promotion appointments
| (1) | If an application made by an SRA officer before 1 July 1996 under the review provision for a review of an appointment to a position is pending on the commencement of this clause, the review is to be conducted and disposed of, in accordance with the review provision, by the rail business in which the position is located on that commencement. | |
| (2) | If, as a result of the review, a determination is made that the applicant for the review should be appointed to the position in place of the incumbent in the position and the applicant is not employed by the rail business in which the position is located on the commencement of this clause: | |
|
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (b) | the rail businesses concerned must arrange for the placement of the displaced incumbent in the position that the incumbent occupied immediately before he or she was promoted to the position that was the subject of the review, whether the incumbent's former position is located, after the commencement of this clause, in the SRA or in another rail business. |
| (3) | An applicant whose application for a review is unsuccessful is, subject to any other arrangements that may be made concerning the employment of the applicant under this or any other Act or law, to remain employed with the rail business by whom the applicant was employed on commencement of this clause. |
| (4) | In this clause: |
| review provision means clause 7 of the Transport Administration (Staff) Regulation 1995. |
57 Disciplinary proceedings pending against former SRA
officers
| (1) | A Rail Corporation or the RSA may, before 1 August 1996, in respect of conduct that occurred before I July 1996: | |||
| ||||
| any former SRA officer who has been transferred to the Rail Corporation or the RSA by a Ministerial order made under Schedule 6. | ||||
| (2) | A former SRA officer may appeal, in accordance with Part 3 of the Transport Appeal Boards Act 1980, to a Transport Appeal Board against the imposition of any such punishment or suspension. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 1 | Amendment of Transport Administration Act 1988 |
| (3) | Except as provided by subclause (4), a decision of a Transport Appeal Board is final and conclusive and binding on a rail business. | |||
| (4) | Section 24 of the Transport Appeal Boards Act 1980 applies with respect to the decision of a Transport Appeal Board on such an appeal as i f | |||
|
58 Pending appeals to Transport Appeal Boards
| (1) | A Transport Appeal Board is to hear and determine any appeal lodged by a former SRA officer under the Transport Appeal Boards Act 1980 before 1 July 1996. |
| (2) | Clause 57 (3) and (4) applies to an appeal referred to in this clause. |
59 No entitlement to review or appeal for ceasing to be
member of staff of SRA
A former SRA officer is not entitled to apply for a review under the Transport Administration (Staff) Regulation 1995, to lodge an appeal under the Transport Appeal Boards Act 1980 or to apply for or obtain any other relief merely because the officer ceases to be a member of the staff of the SRA because of the making of an order under Schedule 6.
60 Extension of certain provisions of Transport
Administration (Staff) Regulation 1995 to staff of RSA
The provisions of Parts 1 and 2 of the Transport Administration (Staff) Regulation 1995 apply to officers of the RSA in the same way that they apply to officers of the SRA and as if references in those Parts:
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of Transport Administration Act 1988 | Schedule 1 |
| (a) | to the SRA were references to the RSA, and |
| (b) | to SRA officers were references to RSA officers. |
61 Further amendment or repeal of regulations amended by
Schedule 2 to amending Act
The amendments made by the amending Act to the regulations referred to in Schedule 2 to that Act do not affect the future amendment or repeal of those regulations.
62 Saving of Roads and Traffic Advisory Council
Nothing in the amending Act affects the constitution or procedure of the Roads and Traffic Advisory Council or the operation of Schedule 3 so far as it relates to that Council.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
| Schedule 2 | Amendment of other Acts and instruments |
(Section 4)
| 2.1 | Attachment of Wages Limitation Act 1957 No 28 |
| Schedule | |
| Insert in alphabetical order of employing authorities: |
Railway Services Authority of New South Wales.
| 2.2 | Bush Fires Act 1949 No 31 | |
| [ 1 ] | Section 22 Powers of bush fire brigade officers | |
| Insert “or Rail Access Corporation” after “State Rail Authority” in section 22 (2) (b). | ||
| [ 2 ] | Section 22 (2) (b) | |
| Insert “ or Corporation” after “ the Authority” wherever occurring. | ||
| [ 3 ] | Section 22A Reduction of fire hazards | |
| Insert in Columns 1 and 2 of the Table to section 22A after the matter relating to the State Rail Authority: | ||
| ||
| control of, Rail Access Corporation | ||
| [4] | Section 27 Powers of fire control officers | |
| Insert “or Rail Access Corporation” after “State Rail Authority” in paragraph (d) of the definition of bush fire district in section 27 (3). | ||
| Page72 |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
| 2.3 | Clean Air Act 1961 NO 69 |
| [1] | Section 5 Definitions |
| Insert “ Railway Services Authority,” after “State Rail Authority,” in the definition of Statutory body in section 5 (1). | |
| [2] | Schedule 1 Prescribed uses, equipment and plant |
| Insert “ or the Railway Services Authority” after “ State Rail Authority” in clause 2. | |
| 2.4 | Clean Waters Act 1970 No 78 |
| Section 5 Definitions | |
| Insert “ the Railway Services Authority,” after “ State Rail Authority,” in the definition of statutory authority. | |
| 2.5 | Conveyancing Act 1919 No 6 |
| [1] | Section 88 Requirements for easements and restrictions on use |
| of land | |
| Insert “ or by or for Rail Access Corporation referred to in the Transport Administration Act 1988,” after “ Irrigation Corporation Act 1994,” in section 88 (4). | |
| [2] | Section 88A Easements in gross, other easements and restrictions appurtenant to easements |
| Insert after section 88A (7): |
| (8) | For the purposes of this section, Rail Access Corporation referred to in the Transport Administration Act 1988 is taken to be a public authority constituted by an Act of Parliament. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
| 2.6 | Electricity (Pacific Power) Act 1950 No 22 |
| [1] | Section 3 Definitions |
| Omit paragraph (d) of the definition of Electricity supply authority in section 3 (1). | |
| [2] | Section 3 (1), definition of “Statutory body” or “Statutory body representing the Crown” |
| Omit “ the Commissioner for Railways,” . | |
| [3] | Section 8 Particular powers in certain cases |
| Omit “ the Commissioner for Railways,” from section 8 (1). | |
| 2.7 | Electricity Safety Act 1945 (1946 No 13) |
| [1] | Section 4 Definitions |
| Omit the definition of Electricity distributor from section 4 (1). Insert instead: |
Electricity distributor means an electricity distributor within the meaning of the Electricity Supply Act 1995.
[2] Section 4 (1), definition of “electricity supply authority”
Omit paragraph (d).
| 2.8 | Electricity Supply Act 1995 No 94 |
| [1] | Section 15 Right to connection to local distribution system for all customers |
| Insert after section 15 (4): |
| (5) | This section does not apply to an electricity distributor that does not have a distribution district. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
[2] Section 94 Authorised officers
Insert after section 94 (3):
| (3A) | If an electricity distributor does not have a distribution district, an authorised officer appointed by the electricity distributor may exercise those functions only on land that is occupied by the electricity distributor's distribution system and on land on which premises connected to that distribution system are situated. |
[3] Section 106 Regulations
Insert after section 106 (2):
(2A) The regulations may exempt a Rail Corporation within the meaning of the Transport Administration Act 1988, the Railway Services Authority or the State Rail Authority from the operation of any one or more of sections 18, 19, 34, 39,40 and 89-91 and any mandatory conditions imposed pursuant to clause 6 of Schedule 2.
[4] Dictionary
Omit “ operated by the State Rail Authority” from the definition of distribution system.
[5] Dictionary, definition of “rail network electricity system”
Insert in alphabetical order:
ra il network electricity system means the rail network
electricity system operated by a Rail Corporation within the meaning of the Transport Administration Act 1988, the Railway Services Authority or the State Rail Authority.
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
| 2.9 | First State Superannuation Act 1992 No 100 |
| Schedule 1 Employers | |
| Insert at the end of Part 1: |
Freight Rail Corporation Rail Access Corporation Railway Services Authority
2.10 Irrigation Act 1912 No 73
Section 22 Vesting of railways or tramways in the State Rail
Authority
Omit the section.
Local Government Act 1993 No 30
Section 555 What land is exempt from all rates?
Insert after section 555 (1) (g):
(g1 ) land that is vested in or owned by Rail Access Corporation and in, on or over which rail infrastructure facilities (within the meaning of the Transport Administration Act 1988) are installed,
Section 600 Rebates in respect of certain land vested in public bodies
Insert “, Rail Access Corporation” after “State Rail Authority” in the definition of public body in section 600 (9).
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
[3] Section 611 Annual charge on rails, pipes etc
Insert at the end of section 611 (6) (b):
, or
| (c) | Rail Access Corporation. |
| 2.12 | National Rail Corporation (Agreement) Act 1991 No 82 |
| Section 9 Transfer of rail freight assets of State to Company | |
| Insert after section 9 (5): |
(5A) For the purposes of this section:
| (a) | the Minister may, with the approval of the Company, give a direction to a Rail Corporation within the meaning of the Transport |
Administration Act 1988, and
| (b) | a reference to rail freight assets includes a reference to assets vested in or owned by a Rail Corporation, and |
| (c) | a Rail Corporation stands in the same position as the State Rail Authority stands under section 13 (9) of the Transport Administration Act 1988 in relation to financial loss as a result of complying with any direction given by the Minister under this section. |
2.13 Pipelines Act 1967 No 90
[1] Section 3 Definitions
Insert “Rail Access Corporation,” after “State Rail Authority of New South Wales,” in the definition of statutory body representing
the Crown in section 3 (1).
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
[2] Section 5C Constitution of pipeline committees
Omit section 5C (2) (d). Insert instead:
| (d) | one person nominated by the Minister administering the Transport Administration Act 1988, |
| 2.14 | Public Authorities (Financial Arrangements) Act 1987 No 33 |
| Schedule 1 Authorities | |
| Insert in alphabetical order: |
Freight Rail Corporation, Rail Access Corporation. Railway Services Authority.
| 2.15 | Public Finance and Audit Act 1983 No 152 |
| Schedule 2 Statutory bodies | |
| Insert in alphabetical order: |
Railway Services Authority of New South Wales.
| 2.16 | Public Sector Executives Superannuation Act 1989 No 106 |
| Schedule 1 Additional Employers | |
| Insert in alphabetical order: |
Freight Rail Corporation Rail Access Corporation Railway Services Authority
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
| 2.17 | Public Sector Management Act 1988 No 33 |
| [1] | Schedule 3 Declared Authorities |
| Insert in alphabetical order: |
Railway Services Authority of New South Wales.
[2] Schedule 3A Chief executive positions
Insert in Part 3 in alphabetical order of offices:
Chief Executive of the Railway Services Authority
2.18 Rail Safety Act 1993 No 50
[1] Section 7 Owners and operators of railways
Omit section 7 (3). Insert instead:
| (3) | In this Act, operate, in relation to a railway, means: | |||
|
[2] Section 9 Act binds Crown
| Omit “or the State Rail Authority” from section 9 (2). Insert instead “, the State Rail Authority, Freight Rail Corporation, Rail Access Corporation, the Railway Services Authority”. |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
[3] Section 92A
Insert after section 92:
92A Consultants
The Director-General may engage such consultants as the Director-General requires for the exercise of functions under this Act.
| 2.19 | Roads Act 1993 No 33 |
| [1] | Section 94 Roads authority may carry out drainage work across |
| land adjoining public road etc | |
| Omit section 94 (2). Insert instead: |
| (2) | The powers conferred by this section may not be exercised in or on land on which rail infrastructure facilities owned by Rail Access Corporation are situated. |
| (2A) | In this section, rail infrastructure facilities has the same meaning as it has in Part 2A of the Transport Administration Act 1988. |
[2] Section 211
Omit the section. Insert instead:
211 Contributions to RTA by Rail Access Corporation and
State Transit Authority
Rail Access Corporation and the State Transit Authority must each pay to the RTA such amounts as the RTA determines from time to time as contributions in relation to:
| (a) | in the case of Rail Access Corporation-the movement of rolling stock over railway lines vested in or owned by the Corporation on the Sydney Harbour Bridge, or |
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
| (b) | in the case of the State Transit Authority—the |
| carriage of passengers across the Sydney Harbour Bridge. |
| 2.20 | Roads (General) Regulation 1994 |
| Clause 79 Public authorities | |
| Insert after clause 79 (3): |
| (4) | For the purposes of the definition of public authority in the Dictionary to the Act, Rail Access Corporation is prescribed as a public authority for the purposes of the Act. |
| 2.21 | State Authorities Non-contributory Superannuation Act 1987 No 212 |
| Schedule 1 Employers | |
| Insert at the end of Part 1: |
Freight Rail Corporation Rail Access Corporation Railway Services Authority
| 2.22 | State Authorities Superannuation Act 1987 No 211 |
| Schedule 1 Employers | |
| Insert at the end of Part 1 : |
Freight Rail Corporation Rail Access Corporation Railway Services Authority
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Schedule 2 | Amendment of other Acts and instruments |
2.23 Superannuation Act 1916 No 28
Schedule 3 List of employers
Insert at the end of Part 1:
Freight Rail Corporation Rail Access Corporation Railway Services Authority
| 2.24 | Transport Appeal Boards Act 1980 No 104 |
| [1] | Long title |
| Omit the long title. Insert instead: |
An Act to provide for the constitution of Transport Appeal Boards and to make provision with respect to appeals by officers and employees of the Railway Services Authority, the State Rail Authority and the State Transit Authority.
[2] Section 4 Definitions
Insert “ the Railway Services Authority,” after “means” in the definition of Authority in section 4 (1).
[3] Section 24 Appeal against a Board's decision in certain cases
Insert after section 24 (1) (e):
| (f) | where the appellant was an officer of the Railway Services Authority at the time that the matter, the subject of the appellant's appeal to the Board, arose—to that Authority. |
[4] Section 30 Supply of copies of statements etc to appellant and section 31 Reference of certain matters to Chairman or Vice-Chairman for investigation
Insert “ the Railway Services Authority,'' before “the State Rail Authority” wherever occurring in sections 30 (1) and (3) and 31 (1).
Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996 No 56
| Amendment of other Acts and instruments | Schedule 2 |
[5] Section 31 (2)
Insert “Railway Services Authority, the” after “The”.
[6] Schedule 1 Members of a Board
| Insert “the Railway Services Authority,” before “the State Rail Authority” wherever occurring in clause 4 (1). |
[7] Schedule 1, clauses 4 (a) and 5 (1)
Omit “either” wherever occurring. Insert instead “any” .
2.25 Water (Part 8—General) Regulation 1995
Clause 4 Controlled works
Omit “the State Rail Authority”. Insert instead “Rail Access
Corporation”.
[Minister's second reading speech made in—
Legislative Assembly on 17 April 1996
Legislative Council on 17 June 1996]
0
0
0