Transport Authorities Act 1980 (NSW)

TRANSPORT AUTHORITIES ACT, 1980, No. 103

^oiicl) Mlales

ANNO VICESIMO NONO

ELIZABETH E 11 REGIN^E

̂ H i '’= -̂ * -'= * * * * * * •̂■ ' * ̂ * *̂ * ^ -is H« >i« v

Act No. 103, 1980.

An Act to constitute the State Rail Authority of New South Wales, the Urban Transit Authority of New South Wales and the Railway Workshops Board of New South Wales and to make provision in relation to their respective functions; to dissolve the Public Transport Commission of New South Wales; to

See al so T ra n sp o r t Appeal Hoards Act, 1980; G o v e rn m en t Rai lways ( A m e n d m e n t ) Act, 1980;

T ra n sp o r t ( A m e n d m e n t ) Act , 1980; S ta tu to ry and O th er Offices R em u n era t i o n ( T ran s p o r t

A uth or it ie s ) A m en d m en t Act. 1980: A udit (T r a n s p o r t A uthorit ie s ) A m en d m en t Act, 1980;

Cap i ta l IDebt C h arg es (T ran sp o r t Autliorit ies) A m en d m en t Act, 1980.

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repeal the Public Transport Commission Act, 1972, the Sydney Harbour Transport Act, 1951, and certain other enactments; and for other purposes. [Assented to, 1st May, 1980.J

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows ;—

PART I.

Preliminary.

1.           This Act may be cited as the “Transport Authorities Act, Short title.

1980”.

2. (1) This section and sections 1 and 87 and Schedule 8 Commence-

shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1). this Act sliall

commence on 1st July, 1980.

3. This Act is divided as follows : — Arrange­ ment.

PART 1.—Prei.iminary—ss. 1-4.

PART II.—Constitution and Lunctions of the State

Rail Authority—ss. 5-26.

Division 1.—Constitution of the State Rail Authority—

5̂ . 5-10.

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Division 2.—Functions of the State Rail Authority—55.

11-16. '

Division 3.— Chief Executive and Deputies—ss. 17, 18.

Division 4.— The Railway Workshops Board—ss. 19-26.

PART 111.—Constitution and Functions of the Urban

Transit Authority—ss. 27-46.

Division 1.—Constitution of the Urban Transit Authority

— ss. 27-32.

Division 2.—Functions of the Urban Transit Authority—

ss. 33-44.

Division 3.—Managing Director—ss. 45, 46.

PART IV.—Staff—55. 47-55.

PART V.—Finance—ss. 56-71.

PART VI.—Miscellaneous—ss. 72-87.

SCFIEDULE 1.—Constitution and Procedure of the

Corporations.

SCHEDULE 2.—The Executive Officers.

SCHEDULE 3.—Railway Workshops.

SCHEDULE 4.—Staff Leave Entitlements.

SCHEDULE 5.—Staff Compensation Entitlements.

SCHEDULE 6.—Loans.

SCHEDULE 7.—Repeals.

SCHEDULE 8.—Savings, Transitional and Other

Provisions.

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

tation. subject-matter otherwise indicates or requires—

“appointed day” means 1st July, 1980;

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“Authority” means the State Rail Authority or the Urban Transit Authority;

“Corporation” means the State Rail Authority, the Urban Transit Authority or the Railway Workshops Board;

“functions” includes powers, authorities and duties;

“Fund” means the State Rail Authority Fund or the Urban

Transit Authority Fund established under Part V;

“officer”, in relation to an Authority, the Department of Motor Transport or the Public Transport Commission, includes an employee of the Authority, Department or Commission;

“Public Transport Commission” means the Public Transport Commission of New South Wales constituted under the Public Transport Commission Act, 1972;

“Railway Workshops Board” means the Railway Workshops Board of New South Wales constituted by this Act;

“regulation” means a regulation made under this Act;

“State Rail Authority” means the State Rail Authority of

New South Wales constituted by this Act;

“statutory body” means any body declared under subsection

(2) to be a statutory body for the purposes of this Act;

“Transport Appeal Board” means a Transport Appeal Board

constituted under the Transport Appeal Boards Act,

1980;

“Transport District” means—

(a)	the Metropolitan Transport District, the Newcastle and District Transport District or the Wollongong Transport District established by or under the Transport Act, 1930; or
(b)	any other district established by or under that Act and prescribed for the purposes of this definition as a district to which this definition applies;

“urban passenger services” means—

(a) omnibus and ferry services provided for the conveyance of passengers by the Urban Transit Authority;

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(b)	rail and other services provided for the conveyance of passengers within, between or in connection with the prescribed parts of the State rail system;
(c)	services provided for the conveyance of passengers by the running of privately owned omnibuses, taxi-cabs or private hire cars within the Transport Districts, otherwise than in connection with tourist or charter operations; and
(d)	ferry services provided for the conveyance of passengers by the running of privately owned ferries in accordance with the State Transport (Co-ordination) Act. 1931, in the Port of Sydney and in such other places as arc referred to in proclamations in force under section 3a of that Act and as are prescribed for the purposes of this paragraph;

“Urban Transit Authority” means the Urban Transit

Authority of New South Wales constituted by this Act.

(2) The Governor may, by proclamation |niblishcd in the Gazette, declare any body constituted by or under any Act to be a statutory bc'dy for the purposes of the definition of “statutory body” in subsection (1).

(3) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.

(4) A reference in this Act to a Transport District shall, where the boundaries of the District arc altered, be ’■ead and construed as a reference to the District with those altered boundaries.

( 5) A reference in this Act to the relevant Fund is—

(a) in relation to the State Rail Authority—a reference to the State Rail Autliority Fund; and

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(b) in relation to the Urban Transit Authority—a reference to the Urban Transit Authority Fund.

(6) In a Schedule to this Act, a reference to a subclause

is, unless a contrary intention appears, a reference to a subclause

of the clause in which the reference occurs.

PART II.

Constitution and Functions of the State Rail Authority. Division 1.— Constitution of the State Rail Authority.

5.      (1) There is hereby constituted a corporation under the Consti-

corporate name of the “State Rail Authority of New South Wales”. (2) The State Rail Authority shall consist of 7 members,	S ^te Rail
of whom—

(a) 4 shall be ex officio members; and

(b) 3 shall be appointed members.

(3) The ex officio members are—

(a)	the Chief Executive of the State Rail Authority;
(b)	the 2 Deputy Chief Executives of the State Rail Authority; and

(c) the Managing Director of the Urban Transit Authority. t4) The appointed members shall be appointed by the

Minister, and of them—

(a)	1 shall be appointed as the Chairman of the State Rail Authority;
(b)	1 shall be a person elected as a member in the manner prescribed by the regulations; and

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(c) 1 shall be appointed from a panel of not less than 3 persons nominated by the Labor Council of New South Wales.

(5) Schedule 1 has effect with respect to the constitution

and procedure of the State Rail Authority.

Filling of 6. On the occurrence of a vacancy in the office of an appointed

vacancies.

member of the State Rail Authority, the office shall be filled so

that the Authority is constituted in accordance with section 5.

Elected 7.

(1) A person may be. at the same time, both the elected

(2) If the elected member of the State Rail Authority is an

officer of the Authority, nothing in any law, rule, direction or

member.	member of the State Rail Authority and an officer of an Authority.
other requirement that— ■

(a) is applicable to him in his capacity as such an officer; and

(b) would not be so applicable if he were not such an ofliccr, operates so as to prevent or restrict the exercise by him of any of his functions as elected member.

Quorum. 8 .

f l ) The number of members which shall constitute a

quorum at any meeting of the State Rail Authority is 4. of whom

2 must be ex officio members.

(2) Any duly convened meeting of the State Rail Authority at which a quorum is present is competent to transact any business of the Authority.

Presiding 9. (1) The Chainnan of the State Rail .Authority sliall preside

member. at all meetings of the Authority at which he is present.

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(2) If the Chairman of the State Rail Authority is not present at a meeting of the Authority, the Chief Executive of the Authority shall preside at the meeting if he is present.

(3) If both the Chairman and the Chief Executive of the State Rail Authority are not present at a meeting of the Authority, a member of the Authority elected by the members present from among themselves shall preside at that meeting.

10.            The common seal of the State Rail Authority shall be kept Common

in the custody of the Chief Executive of the Authority and shall only be affixed to any instrument or document in the presence of an officer of the Authority authorised in that behalf by the Authority with an attestation by the signature of that officer of the fact of the affixing of the seal.

Division 2.—Functions of the State Rail Authority.

11. The State Rail Authority— Functions generally.

(a)	shall have and may exercise the functions conferred or imposed on it by or under this Act, the Government Railways Act, 1912, or any other Act;
(b)	shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown; and
(c)	shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister), be subject to the control and direction of the Minister.

12.      (1) Subject to this Act, the State Rail Authority shall have E.xercise

and may exercise the functions that, immediately before the fyp̂ ĉt'ions appointed day, were exercisable by the Public Transport Commis- of Public sion, except to the extent that those functions are by or under this commission

or any other Act conferred or imposed (otherwise than by a

delegation) on the Urban Transit Authority.

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(2) Subsection (1) does not apply to the ferry services operated by the Public Transport Commission.

Research	13.	The State Rail Authority may carry out such research and
and

planning.

planning, and may engage such consultants, as appear to it to be

necessary or desirable in connection with its functions.

Contracts. 14.

( 1 ) The State Rail Authority may make and enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise by the Authority of its functions.

(2) A contract or arrangement under subsection (1) may

provide for—

(a)	the whole or any part of any works to be undertaken by the Authority;
(b)	the whole or any part of the cost of any works to be paid by the Authority;
(c)	a loan to be made by the Authority to meet the whole or any part of the cost of any works; or
(d)	the Authority to pay the whole or any part of the costs of providing any services during a specified period.

(3) A contract under this section shall he deemed for the purposes of the Constitution Act, 1902, to be a contract for or on account of the Public Service of Nev/ South Wales.

Delegation. 15. (1) The State Rail Authority may, by resolution, delegate

to—

(a) a member or officer of the Authority;

(b) the Urban Transit Authority or a member or officer of the Urban Transit Authority; or

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(c) the Railway Workshops Board,

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

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

(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances.

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

(5) Any act or thing done or suffered by a delegate while

acting in the exercise of a delegation under this section shall have the same force or effect as if the act or thing done had been done or suffered by the State Rail Authority and shall be deemed to have been done or suffered by the Authority.

(6) An instrument purporting to be signed by or on behalf

of a delegate of the State Rail Authority in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Authority under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Authority under this section.

(7) The State Rail Authority may not delegate its func­

tions in relation to the discipline of its officers except with the

approval of the Minister.

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Use of 16.

( 1) For the purpose of exercising its functions, the State Rail Authority may, with the approval of the Minister and of the Minister of the Department concerned and on such terms as may be arranged, make use of the facilities, or the services of any of the officers or employees, of any Government Department.

facilities

and staff.

(2) The State Rail Authority may for the like purpose, with the approval of the Minister and of any other body constituted by or under an Act and on such terms as may be arranged, make use of the facilities, or the services of any of the officers, servants or employees, of that body.

D ivision 3.— Chief Executive and Deputies.

Executive	17.	(1) The Governor may appoint a Chief Executive of the
officers.

State Rail Authority.

f2) The Governor may appoint 2 Deputy Chief Executives of the State Rail Authority. 1 of whom shall be appointed as Deputy Chief Executive (Industrial Relations).

(3) Schedule 2 has effect with respect to the officers referred to in this section.

Functions of 18. (1) The Chief Executive of the State Rail Authority—

executive officers.	(a)	is subject to the control and direction of the State Rail Authority;
(b)	is responsible, as the chief executive of the Authority, for the management of the affairs of the Authority subject to and in accordance with any directions given to him by the Authority:
(c)	subject to any limitations or restrictions specified in regulations made for the purposes of this paragraph, shall have and may exercise such of the Authority's functions under this or any other Act as may be so specified;

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(d)	shall have and may, subject to and in accordance with section 15, exercise any functions delegated to him under that seetion; and
(e)	shall have and may exercise such other functions as are conferred or imposed on him by or under this or any other Aet.

(2) A Deputy Chief Executive of the State Rail

Authority—

(a)	has, subject to any relevant direetions given by the Authority, such responsibilities in conneetion with the affairs of the Authority as the Chief Exeeutive of the Authority from time to time determines;
(b)	subject to any limitations or restrictions specified in regulations made for the purposes of this paragraph, shall have and may exereise such of the Authority's functions under this or any other Act as may be so specified;
(c)	shall have and may, subject to and in accordance with section 1.“!, exercise any functions delegated to him under that section; and
(d)	shall have and may exercise such other functions as are conferred or imposed on him by or under this or any other Act.

(3) Nothing in this section limits or restricts the exercise by the State Rail Authority of any of its functions.

Division 4.— The Railway Workshops Board.

19.      (1) There is hereby constituted a corporation under the Constitu-

corporate name of the “Railway Worksho]is Board of New South

Wales”.

Workshops

Board.

(2) The Railway Workshops Board shall consist of 6

members, of whom—

(a) 3 shall be ex officio members; and

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(b) 3 shall be appointed members.

(3) The ex officio members are—

(a)	the Chief Executive of the State Rail Authority, who shall be Chairman of the Railway Workshops Board;
(b)	the Deputy Chief Executive (Industrial Relations) of the State Rail Authority; and
(c)	the General Manager, Workshops, or the holder of such other office in the staff establishment of the State Rail Authority as is for the time being approved by the Minister.

(4) The appointed members shall be appointed by the

Minister, and of them—

(a)	1 shall be appointed to be a representative of the private sector;
(b)	1 shall be a person elected as a member in the manner prescribed by the regulations; and
(c)	1 shall be appointed from a panel of not less than 3 persons nominated by the Labor Council of New South Wales.

(5) Schedule 1 has effect with respect to the constitution

and procedure of the Railway Workshops Board.

Filling of 20. On the occurrence of a vacancy in the office of an

vacancies. appointed member of the Railway Workshops Board, the office shall be filled so that the Board is constituted in accordance with section 19.

Elected 21. (1) A person may be, at the same time, both the elected

member,

member of the Railway Workshops Board and an officer of the

State Rail Authority.

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(2) If the elected member of the Railway Workshops Board is an officer of the State Rail Authority, nothing in any law, rule, direction or other requirement that—

(a) is applicable to him in his capacity as such an officer; and

(b) would not be so applicable if he were not such an officer,

operates so as to prevent or restrict the exercise by him of any of

his functions as elected member.

22.      ( 1) The number of members which shall constitute a Quorum,

quorum at any meeting of the Railway Workshops Board is 3,

of whom 2 must be ex officio members.

(2) Any duly convened meeting of the Railway Work­ shops Board at which a quorum is present is competent to transact any business of the Board.

23.      ( 1) The Chairman of the Railway Workshops Board shall Presiding

preside at all meetings of the Board at which he is present.	member.
(2) If the Chairman of the Railway Workshops Board is not present at a meeting of the Board, the Deputy Chief Executive (Industrial Relations) of the State Rail Authority shall preside at the meeting if he is present.
(3) If both the Chairman and Deputy Chief Executive referred to in subsection (2) are not present at a meeting of the Railway Workshops Board, a member of the Board elected by the members present from among themselves shall preside at that meeting.

24.          The common seal of the Railway Workshops Board shall Common

be kept in the custody of the Chief Executive of the State Rail Authority and shall only be affixed to any instrument or document in the presence of an officer of the Authority authorised in that behalf by the Board with an attestation by the signature of that officer of the fact of the affixing of the seal.

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Functions	25.	(1) The Railway Workshops Board—
generally.

(a)	shall have and may exercise the functions conferred or imposed on it by or under this or any other Act;
(b)	shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown; and
(c)	shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the State Rail Authority), be subject to the control and direction of the State Rail Authority.

(2) The Railway Workshops Board may not purchase, take on lease or acquire any property except with the approval of the State Rail Authority.

Functions	26.	(1) Without affecting the generality of any other provision
pursuant

to delega­	of this Act, the Railway Workshops Board shall have and may
tion or	exercise any function delegated to it by the State Rail Authority
regulations.	under this Act.
(2) The Railway Workshops Board may only exercise the functions referred to in subsection (1) in or in connection with the establishments referred to in Schedule 3.
(3) The Governor may, by regulation, amend Schedule 3 or omit that Schedule and insert a new Schedule 3.

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PART III.

Constitution and F unctions of the Urban Transit

Authority.

Division 1.— Constitution oj the Urban Transit Authority.

27.      (1) There is hereby constituted a corporation under the consiitu-

corporate name of the “Urban Transit Authority of New South the Urban irpora

Wales”.

T ransit

Autliority.

(2) The Urban Transit Authority shall consist of 10

members, of whom—

(a) 4 shall be ex oflicio members; and

(b) 6 shall be appointed members.

(3) The ex officio members are—

(a) the Managing Director of the Urban Transit Authority;

(b) the Commissioner for Motor Transport;

(c)	the Deputy Chief Executive (Industrial Relations) of the State Rail Authority; and
(d)	the General Manager, Operations, of the State Rail Authority or the holder of such other office in the staff establishment of the Authority as is for the time being approved by the Minister.

(4) The appointed members shall be appointed by the

Minister, and of them—

(a)	1 shall be appointed as the Chairman of the Urban Transit Authority;
(b)	1 shall be appointed to be a representative of commuters;
(c)	1 shall be appointed to be a representative of omnibus proprietors;
(d)	1 shall be appointed to be a representative of taxi-cab proprietors;

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(e)	1 shall be a person elected as a member in the manner prescribed by the regulations; and
(f)	1 shall be appointed from a panel of not less than 3 persons nominated by the Labor Council of New South Wales.

(5) Schedule 1 has effect with respect to the constitution

and procedure of the Urban Transit Authority.

Filling of 28. On the occurrence of a vacancy in the office of an

vacancies,

appointed member of the Urban Transit Authority, the office shall

filled so that the Authority is constituted in accordance with

section 27.

Elected 29. ( 1) A person may be, at the same time, both the elected

member. member and an officer of the Urban Transit Authority.

(2) If the elected member of the Urban Transit Authority

is an officer of the Authority, nothing in any law, rule, direction

or other requirement that—

(a) is applicable to him in his capacity as such an officer; and

(b) would not be so applicable if he were not such an officer, operates so as to prevent or restrict the exercise by him of any of his functions as elected member.

Quorum.

30. (1) The number of members which shall constitute a

quorum at any meeting of the Urban Transit Authority is 5, of

whom 2 must be ex officio members.

(2) Any duly convened meeting of the Urban Transit Authority at which a quorum is present is competent to transact any business of the Authority.

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31.      ( 1) The Chairman of the Urban Transit Authority shall Presiding

preside at all meetings of the Authority at which he is present.	member.
(2) If the Chairman of the Urban Transit Authority is not present at a meeting of the Authority, the Managing Director of the Authority shall preside at the meeting if he is present.
(3) If both the Chairman and the Managing Director of the State Rail Authority are not present at a meeting of the Authority, a member of the Authority elected by the members present from among themselves shall preside at that meeting.

32.           The common seal of the Urban Transit Authority shall be Common

kept in the custody of the Managing Director of the Authority and shall only be affixed to any instrument or document in the presence of an officer of the Authority authorised in that behalf by the Authority with an attestation by the signature of that officer of the fact of the affixing of the seal.

Division 2.—Functions of the Urban Transit Authority.

33. (1) The Urban Transit Authority—■ Functions generally.

(a)	shall have and may exercise the functions conferred or imposed on it by or under this Act, the Transport Act, 1930, or any other Act;
(b)	shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown; and

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

(2) The Urban Transit Authority shall have and may exercise such functions exercisable by the Public Transport Commission (in addition to those provided for by this Division) immediately before the appointed day as are prescribed for the purposes of this subsection.

(3) Nothing in this Act affects the operation of section

6a of the Transport Act, 1930.

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Omnibus	34. (1) The Urban Transit Authority shall have and may exercise such of the functions as, immediately before the appointed day, were exercisable by the Public Transport Commission in respect of omnibus services pursuant to the Transport Act, 1930.
services.

(2) The Urban Transit Authority shall have and may

exercise the functions referred to in subsection (1) in and in

connection with the Transport Districts.

Ferry	35. (1) The Urban Transit Authority shall, subject to this
services,

cf. 1951

Act, take all such steps as it may deem necessary to provide for

No. 11, s.

the continued operation of the ferry services which, immediately

6 (1) (4a).

before the appointed day, were carried on by the Public Transport

Commission.

cf. 1951

No. 11, s. (2) The Urban Transit Authority may, from time to

6 (5) (a) time— (a) establish any new ferry service; or

(a l) (b).

(b) operate, extend, alter or discontinue any of the ferry services referred to in subsection (1) or in paragraph (a).

cf. 1951

No. 11, ss. (3) Without limiting any other functions conferred or

6 ( 5 )	imposed on it, the Urban Transit Authority may—^
(c)-(e),

7	( lA) .	(a) conduct any business arising out of or ancillary to the conduct and operation of the ferry services and construct any works or property, real or personal, and maintain and operate them for the purpose of conducting any such business;
(b) acquire any land or interest in land and erect or adapt any buildings or installations thereon which may be necessary or convenient for or in connection with the conduct or operation of any of the ferry services or any such business;

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(c)	acquire either absolutely or on lease any vessels, wharves, plant, machinery or equipment which may be necessary or convenient for or in connection with the conduct or operation of any of the ferry services or of any such business and dispose of them when, in the Authority’s opinion, they are no longer required for those purposes;
(d)	enter into an arrangement with any person for the management and operation by that person, upon such terms as may be agreed upon, of any of the Authority's ferry services; and
(e)	make and enter (under section 42) into contracts or arrangements with any person for or with respect to—

(i) the use of; or

(ii)   the supply or performance by the Authority of any work or service involving,

any vessel, wharf, dock, plant, machinery or equipment vested in or operated by the Authority in connection with its ferry services.

36.      (1) The Urban Transit Authority may carry and convey Ferry

by its ferry services all such passengers as are offered for that

purpose, and may demand reasonable charges in respect of and in no. 18,

connection with its ferry services.

(2) All such charges shall be those from time to time determined by relevant orders in force under section 71.

(3) The charges shall be paid to such persons and at such places upon or near to the ferry service and in such manner as the Urban Transit Authority appoints or as may be prescribed.

37.      (1) The Urban Transit Authority shall, in association Functions

(where relevant) with the State Rail Authority and the Commis­

sioner for Motor Transport, take all such steps (by the exercise of passenger

its functions conferred or imposed apart from this section) as services,

are, within the available financial resources, necessary to promote

the provision of efficient, adequate and economic urban passenger

services.

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(2) Without affecting the generality of subsection (1),

the functions of the Urban Transit Authority include, in relation to urban passenger services, the taking of all necessary steps (by the exercise of its functions conferred or imposed apart from this section) to promote—

(a)	the proper running of, and improvements in, urban passenger services;
(b)	the co-ordination of urban passenger services and the mitigation of wasteful competition and overlapping in service;
(c)	in the interests of more effieient and more economical urban passenger services—

(i)   the substitution of one form of transport for another, whether on a permanent, temporary, regular or intermittent basis; and

(ii)   major route variations, including the introduction of new routes and the abolition of existing routes; and

(d) proper fare structures for urban passenger services, including (where appropriate) systems for zone fares and one-ticket systems.

(3) Nothing in this section derogates from the respon-

sioilities of the State Rail Authority in connection with the provision of rail services within the State, but the State Rail Authority shall, on a regular basis, consult with the Urban Transit Authority in connection with the provision and operation of rail services within or between the parts of the State rail system referred to in paragraph (b) of the definition of “urban passenger services” in section 4 (1).

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Transport Authorities.

38. ( 1) So far as the functions of the Urban Transit Directions

Authority relate to services provided by the running of privately

owned omnibuses, taxi-cabs, private hire cars or ferries, the Urban sioner for

Transit Authority— Transport.

(a)	shall be concerned only with matters that are of a general policy nature involving major issues of principle; and
(b)	may exercise those functions by giving directions to the Commissioner for Motor Transport as to the exercise by him of the functions conferred or imposed on him by or under any Act.

(2) The Urban Transit Authority may only give directions under this section that are of a general policy nature involving major issues of principle.

(3) The Commissioner for Motor Transport shall, as far as practicable, comply with any direction given to him under this section by the exercise of his functions in accordance with law.

(4) Subsection (3) applies to a function the subject of a direction under this section, notwithstanding—

(a)	that the exercise of the function would otherwise depend on the opinion, belief or state of mind of the Commissioner for Motor Transport or any other person (in which case the opinion, belief or state of mind of the Urban Transit Authority shall be deemed to be, and in substitution for, that of the Commissioner or other person); or
(b)	that the Commissioner for Motor Transport would other­ wise be required to take into account certain matters (whether exclusively or otherwise).

(5) If the Commissioner for Motor Transport is unable for any reason to comply with any direction given to him under this section, he shall (except as approved by the Minister) notify the Minister of the non-compliance and the reasons therefor.

90245 H-2/5

Act No. 103, 1980.

Transport Authorities.

(6) The Urban Transit Authority shall indemnify the

Commissioner for Motor Transport in respect of any claim arising out of anything done or omitted by him at the direction of the Authority pursuant to this section.

Consul­ 39.

(1) The State Rail Authority and the Commissioner for Motor Transport shall, as far as practicable, consult with the Urban Transit Authority before making any changes, or initiating any action, affecting urban passenger services.

tation.

(2) Subsection (1) applies only to changes or action

involving major issues of principle.

Recommen- 40.

The Urban Transit Authority may make recommendations connected with the functions of the Urban Transit Authority.

dations. Minister or any otlier person or body as to any matter

Research 41.

The Urban Transit Authority may carry out such research be necessary or desirable in connection with its functions.

^Mning planning, and may engage such consultants, as appear to it to

Contracts. 42.

(1) The Urban Transit Authority may make and enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise by the Authority of its functions.

(2) Without affecting the generality of subsection (1), the Urban Transit Authority may make and enter into contracts or arrangements with persons conducting urban passenger services, for the purpose of providing or ensuring the provision of any such services.

(3) A contract or arrangement under this section may

provide for—

(a)	the whole or any part of any works to be undertaken by the Authority;
(b)	the whole or any part of the cost of any works to be paid by the Authority;

Act No. 103, 1980.

Transport Authorities.

(c)	a loan to be made by the Authority to meet the whole or any part of the cost of any works; or
(d)	the Authority to pay the whole or any part of the costs of providing any services during a specified period.

(4) A contract under this section shall be deemed for the

purposes of the Constitution Act, 1902, to be a contract for or on

account of the Public Service of New South Wales.

43. (1) The Urban Transit Authority may, by resolution, Deiega-

delegate to— *‘°"-

(a)	a member or officer of the Authority; or
(b)	the State Rail Authority or a member or officer of the State Rail Authority,

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

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

(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances.

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

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

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Transport Authorities.

(6) An instrument purporting to be signed by or on behalf of a delegate of the Urban Transit Authority in his capacity as such a delegate shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Authority under seal and, until the contrary is proved, shall be deemed to be an instrument signed by a delegate of the Authority under this section.

(7) The Urban Transit Authority may not delegate its functions in relation to the discipline of its officers except with the approval of the Minister.

Use of 44.

(1) For the purpose of exercising its functions, the Urban Transit Authority, with the approval of the Minister and of the Minister of the Department concerned and on such terms as may be arranged, make use of the facilities, or the services of any of the officers or employees, of any Government Department.

facilities

and staff.

(2) The Urban Transit Authority may for the like purpose, with the approval of the Minister and of any other body constituted by or under an Act and on such terms as may be arranged, make use of the facilities, or the services of any of the officers, servants or employees, of that body.

(3) As and when the Minister so directs, the Urban Transit Authority shall for the like purpose, on such terms as may be arranged, make use of the facilities, or the services of any of the officers, of the State Rail Authority.

Division 3.—Managing Director.

Managing 45. (1) The Governor may appoint a Managing Director of

Director.	^he Urban Transit Authority. (2) Schedule 2 has effect with respect to the officer
referred to in this section.

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Transport Authorities.

46. (1) The Managing Director of the Urban Transit Functions of

A uthority -

(a)	is subject to the control and direction of the Urban Transit Authority;
(b)	is responsible, as the chief executive officer of the Authority, for the management of the affairs of the Authority subject to and in accordance with any directions given to him by the Authority;
(c)	subject to any limitations or restrictions specified in regu­ lations made for the purposes of this paragraph, shall have and may exercise such of the Authority’s functions under this or any other Act as may be so specified;
(d)	shall have and may, subject to and in accordance with section 43, exercise any functions delegated to him under that section; and
(e)	shall have and may exercise such other functions as are conferred or imposed on him by or under this or any other Act.

(2) Nothing in this section limits or restricts the exercise by the Urban Transit Authority of any of its functions.

PART IV.

St a f f .

47. (1) Each Authority may, subject to this Part, appoint Appoint-

and employ such officers and employees (referred to in this Act as officers) as are necessary for the exercise of its functions conferred or imposed by or under this or any other Act. -

(2) Without affecting the generality of section 30 of the cf. 1912

Interpretation Act, 1897, an Authority may remove any officer of

the Authority.	i930 No.
18, s. 105.

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Transport Authorities.

(3) All officers of an Authority shall, subject to this Part,

be subject to the sole control and governance of the Authority which may, where their salary or wages or conditions of employ­ ment is or are not fixed in accordance with the provisions of any other Act or law, fix the salary or wages payable to those officers and the conditions of their employment.

(4) Regulations may be made under this Act for or with

respect to the conditions of employment of officers of the Authorities, including matters relating to the discipline of any such officers.

(5) The regulations made for the purposes of subsection

<4)-

(a)	shall have effect subject to any award by which an Authority is bound made by a court of competent juris­ diction and to any industrial agreement to which the Authority is a party;
(b)	shall have effect notwithstanding the provisions of subsection (3);
(c)	may provide for the hearing and determination by a Transport Appeal Board of appeals by officers of an Authority in respect of such matters relating to their employment as may be specified in the regulations, and may provide for the decision of any such Board to be final or to be subject to appeal to the Authority, as specified in the regulations;
(d)	without affecting the generality of subsection (4), confer on any class of officers of an Authority a right, entitle­ ment or privilege that is enjoyed (whether by virtue of an Act or law or otherwise) by any other class of officers or by any class of officers of the Department of Motor Transport; and
(e)	provide for any financial adjustments to be made as between the Authorities, or as between an Authority and any other person or body, in respect of any matter

Act No. 103, 1980.

Transport Authorities.

relating to the conditions of employment of officers of an Authority, including any matter relating to any right, entitlement or privilege of the kind referred to in paragraph (d).

(6) The Urban Transit Authority may not fix any salary, wages or conditions of employment under subsection (3) except with the concurrence of the State Rail Authority.

(7) Schedule 4 has effect with respect to staff leave

entitlements. (8) Schedule 5 has effect with respect to staff

compensation entitlements.

48. (1) The recruitment of the staff of the Urban Transit Recmiinient

Authority shall be effected by the State Rail Authority in

consultation with the Urban Transit Authority.

Transit

Authority.

(2) Subsection (1) does not apply to such positions or

classes of positions in the staff establishment of the Urban Transit Authority as are determined by the Minister for the purposes of this section.

49. (1) Without affecting the generality of section 47 (4),('ommon

regulations may be made under this Act for the purpose of securing	p̂pommity.
common opportunity for officers of both Authorities to be eligible to apply for, and to be appointed or promoted to, positions in the staff establishments of either Authority, as if they were all staff of one employer.
(2) For the purposes of subsection (1), the regulations may, subject to that subsection but notwithstanding the provisions of any other Act or law, make provision for or with respect to determining the relative seniority of officers of the Authorities.
(3) Without affecting the generality of section 85 (3), a regulation referred to in this section need not apply to all officers of the Authorities, and may apply differently as between different classes of officers of the Authorities.

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Transport Authorities.

Transfer 50. Without affecting section 49—

of staff between Authorities.	(a) officers of the State Rail Authority may, by agreement between the Authorities, be transferred to the service of the Urban Transit Authority and shall become and be officers of the Urban Transit Authority; and
(b) officers of the Urban Transit Authority may, by agree­ ment between the Authorities, be transferred to the service of the State Rail Authority and shall become and be officers of the State Rail Authority.

Special	51.	(1) The State Rail Authority shall, for the purposes of
industrial

functions	any proceedings relating to officers of the Urban Transit Authority,
of State	held before a competent tribunal having power to deal with
Rail
Authority.	industrial matters, be deemed to be the employer of those officers.
(2) In exercising any functions pursuant to subsection (1), the State Rail Authority shall consult with the Urban Transit Authority.

(3) In subsection (1), “industrial matters” has the mean­

ing ascribed to that expression by section 5 (1) of the Industrial Arbitration Act, 1940, subject to the following modifications :—

(a)	the references to “employers” and “their employer” shall be read and construed as references to an Authority;
(b)	the references to “employees” shall be read and construed as references to officers of that Authority;
(c)	the references to “any industry” or “an industry” shall be read and construed as references to the service of that Authority; and
(d)	the references to “industrial unions” and “trade union” shall be read and construed as references to any associa­ tion or organisation representing any group or class of officers of that Authority.

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Transport Authorities.

52.      (1) The staff establishments of the State Rail Authority staff

and the Urban Transit Authority shall be as determined by the ĝn'ts****'

respective Authorities.

(2) Nothing in this Act affects the operation of Part VI

of the Public Service Act, 1979. in relation to the State Rail

Authority or the Urban Transit Authority.

53. (1) In this section, “superannuation scheme” means a Preserva-

scheme, fund or arrangement under which any superannuation or

retirement benefits are provided and which is established by or transferred

under any A..t. officers.

(2) Subject to subsections (3) and (6), where a person

was (immediately before the time he becomes an officer of an Authority, which time is referred to in this section as “the relevant time”) an officer of the Public Service, the Public Transport Com­ mission, the other Authority or the Department of Motor Transport, he shall—

(a)	retain any rights and privileges accrued or accruing to him as such an officer, including any rights and privi­ leges accrued or accruing by virtue of any provision made by this or any other Act (including any enactment repealed by this Act, the Government Railways (Amend­ ment) Act, 1980, or the Transport (Amendment) Act, 1980, or referred to in section 6a of the Transport Act, 1930) that he retain any rights and privileges accrued or accruing to him;
(b)	continue to contribute to any superannuation scheme to which he was a contributor immediately before the relevant time; and
(c)	be entitled to receive, and continue to accrue, any deferred, extended, annual, sick or other leave and any payment, pension or gratuity.

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Transport Authorities.

as if from the relevant time he had continued to be an officer of the Public Service, the Public Transport Commission, the other Authority or the Department of Motor Transport, as the case may be, and—

(d)	his service as an officer of the Authority from the rele­ vant time shall be deemed to be service as an officer for the purpose of any law under which those rights or privileges accrued or were accruing, under which he continues so to contribute or by which that entitlement is conferred; and
(e)	he shall be deemed to be an officer, and the Authority shall be deemed to be his employer, for the purpose of the superannuation scheme to which he is entitled to contribute under this subsection.

(3) An officer of an Authority who, but for this subsec­ tion, would be entitled under subsection (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme shall not be so entitled upon his becom­ ing, while he is such an officer, a contributor to any other super­ annuation scheme, and the provisions of subsection (2) (e) cease to apply to or in respect of him and the Authority in any case where he becomes a contributor to such another superannuation scheme.

(4) .Subsection (3) does not prevent the payment to an officer of an Authority upon his ceasing to be a contributor to a superannuation scheme of such amount as would have been pay­ able to him if he had ceased, by reason of resignation, to be an officer for the purposes of that scheme.

(5) An officer of an Authority is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.

(6) Where a condition of employment of an officer of an

Authority to whom subsection (2) applies was, immediately before the relevant time, regulated by an award or industrial agree­ ment, that condition shall continue to be so regulated until it is

Act No. 103, 1980.

Transport Authorities.

varied by an award by which the Authority is bound made by a court of competent jurisdiction, or that condition is regulated by an industrial agreement to which the Authority is a party.

54.          In all public inquiries and investigations into the cause of Represen-

any accident and in all formal departmental inquiries, and all

formal inquiries held by an Authority, into the cause of any cf. 1912

accident or in respect of any irregularity in regard to which a

charge involving punishment has been or may be laid against an 1930N0.

officer of an Authority, any officer concerned in the accident or I8. s. 127.

in the irregularity has the right to be represented by the secretary or any other officer of his union or by a person whom he may select to represent his interests at the inquiry or investigation.

55.          An Authority does not have power to agree with officers No contract-

of the Authority to contract themselves out of the provisions of

any Act, or to compel them to forgo any civil rights to which any No. 30,

Act entitles them.

s. 126.

PART V.

F in a n c e .

56.          There shall be established in the Special Deposits Account Esiabiish-

in the Treasury— ,"he Funds.

(a) a State Rail Authority Fund; and

(b) an Urban Transit Authority Fund.

57.      (1) There shall be paid into each Fund all money required Payments

by or under this or any other Act to be paid into that Fund.

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Transport Authorities.

(2) Subject to subsection (3 )—

(a)	all money received by or on account of the State Rail Authority (including money received by or on account of the Railway Workshops Board) shall be paid into the State Rail Authority Fund; and
(b)	all money received by or on account of the Urban Transit Authority shall be paid into the Urban Transit Authority Fund.

(3) Any money required by or under this or any other Act to be paid into a particular Fund shall, if the Minister so directs, be paid into the other Fund.

’ayments 58.

(1) All amounts required to meet expenditure incurred

in relation to the functions of the Authorities shall be paid from

the Funds.

(2) Subject to suFsection (3 )—•

(a)	all payments made on account of the State Rail Authority (including the Railway Workshops Board) shall be paid from the State Rail Authority Fund; and
(b)	all payments made on account of the Urban Transit Authority shall be paid from the Urban Transit Authority Fund.

(3) Any payment required by or under this or any other Act to be paid from a particular Fund shall, if the Minister so directs, be paid from the other Fund.

(4) Payments from the Funds shall, except as directed by or under this or any other Act, be charged against revenue and capital as nearly as may be in accordance with accounting principles.

Fines, etc.,	59.	(1) All fines, penalties and forfeitures imposed by—
to be paid

into Funds. (a) Part VI in relation to property of or land vested in the State Rail Authority;

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Transport Authorities.

(b) the regulations in relation to the Authority;

(c)	the Government Railways Act, 1912, or any regulation or by-law under that Act; and
(d)	the Transport Appeal Boards Act, 1980, in relation to appeals by oflicers of the Authority,

and recovered, shall be paid into the State Rail Authority Fund. (2) All fines, penalties and forfeitures imposed by—

(a) Part VI in relation to property of or land vested in the Urban Transit Authority;

(b) the regulations in relation to the Authority;

(c)	the Transport Act, 1930, or any regulation or by-law under that Act in relation to omnibus services provided by the Authority; and
(d)	the Transport Appeal Boards Act, 1980, in relation to appeals by officers of the Authority,

and recovered, shall be paid into the Urban Transit Authority

Fund.

60, ( 1) The State Rail Authority shall cause to be kept Authorities

proper aeeounts and records in relation to all of its operations.

including the operations of the Railway Workshops Board.

(2) The Urban Transit Authority shall cause to be kept proper accounts and records in relation to all of its operations.

(3) The accounts and records of each Authority shall be kept in such form and manner as may be directed by the Minister from time to time.

(4) Each Authority shall, as soon as practicable, but

within 6 months, after the end of each financial year of the Authority, prepare and submit to the Minister for pre.sentation to Parliament a statement of accounts and a balance-sheet, together with the Auditor-General’s certificate given under this section in relation to the statement and balance-sheet.

Act No. 103, 1980.

Transport Authorities.

(5) The statement of accounts and balance-sheet of an Authority shall be in a form approved by the Minister and shall exhibit a true and fair view of the hnancial position and trans­ actions of the Authority.

(6 ) Each Authority shall, as soon as practicable, but within 4 months, after the end of the financial year to which a statement of accounts and balance-sheet relate, transmit the state­ ment to the Auditor-General for verification and certification.

(7) The Auditor-General’s certificate shall state that he has audited the accounts of the Authority relating to the relevant financial year, and shall indicate whether the statement of accounts and balance-sheet comply with subsection (5), and shall set forth any qualifications subject to which the certificate is given.

( 8 ) Nothing in this section prevents the alteration of the statement of accounts or balance-sheet, with the approval of the Auditor-General, after its receipt by him and before its submission to the Minister.

(9) The Minister shall lay the statement of accounts and balance-sheet, or cause them to be laid, together with the Auditor- General’s certificate, before both Houses of Parliament as soon as practicable after the receipt by him of the statement and balance- sheet.

(10) The financial year of each Authority shall be the year ending on 30th June.

(1) The accounts and records of financial transactions of each Authority, and the records relating to assets of or in the custody of the Authority, shall be inspected and audited by the Auditor-General.

61.

(2) For the purposes of any such inspection and audit, the Auditor-General or a person authorised by him is entitled at all reasonable times to full and free access to the accounts, records, documents and papers of the Authority and may make copies thereof or take extracts therefrom.

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Transport Authorities.

(3) The Auditor-General or a person authorised by him may require a person, being a member or officer of either of the Authorities, to furnish him with such information in the possession of the person or to wliich the person has access as the Auditor- General or authorised person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

Penalty : $200.

(4) The Auditor-General may dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection ( 1 ).

(5) The Auditor-General shall report to the Authority and the Minister on the result of any such inspection and audit, and as to such irregularities or other matters as in his judgment call for special notice or as are prescribed.

(6 ) Towards defraying the costs and expenses of any such inspection and audit, the Authority shall pay to the Consolidated Revenue Fund such amounts, at such times, as the Treasurer decides.

62.           So much of the provisions of the Audit Act, 1902, as Application

applies to accounting officers of public departments shall apply to	“ 902
the members and officers of each Authority who would be	’
accounting officers if the Authority were such a department.

63.      (1) For the purposes of this Part, the capital of each Capital.

Authority at any time is the sum of—

(a)	the net capital value of the assets, debts and liabilities of the Authority as specified under elause 11 of Schedule 8 ; and
(b)	the net variation (whether by way of addition or re­ duction), if any, determined as at that time, by the Committee of Review under section 64.

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Transport Authorities.

(2) The capital of each Authority shall be shown in the

balance-sheet referred to in section 60.

Committees 64. ( 1 ) There shall be a Committee of Review for each of Review. Authority, and each Committee of Review shall have and may

exercise the functions conferred or imposed on it by this section. (2) The Committee of Review for an Authority shall

consist of—

(a)	the Auditor-General or a person appointed by him to act on his behalf for the time being;
(b)	the Under Secretary of the Treasury or a person appointed by him to act on his behalf for the time being; and
(c)	a person appointed by the Authority to represent it for the time being.

(3) The Committee of Review for an Authority shall determine, as soon as practicable after the close of each financial year, and at such other times as may be appropriate, the amount by which the capital of the Authority should be varied (whether by way of increase or decrease) as at the end of that financial year, or as at such other time or times as it thinks fit, having regard to—

(a)	the amount of money appropriated from the General Loan Account and received on account of the Authority during that financial year;
(b)	the amount of money received during that financial year on account of the Authority from the proceeds of loans or other financial accommodation arranged by or on behalf of the Authority;
(c)	any repayments made on account of the Authority during that financial year; and
(d)	such other adjustments as are required to take account of—

(i)   the writing off of assets by the Authority during that financial year; and

(ii)   such other matters as appear to the Committee of Review to be relevant.

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Transport Authorities.

(4) A determination under subsection (3) does not have effect until approved by the Governor.

(5) The regulations may make provision for or with

respect to the procedure to be followed by a Committee of Review.

65.      There shall be paid each year into the relevant Fund from Appropria-

the Consolidated Revenue Fund such sums as are necessary to meet

each Authority’s liabilities in respect of loans and other financial dated

accommodation obtained pursuant to this Act, and those sums shall

be paid from the Consolidated Revenue Fund without any further	’
appropriation than this Act.

66.     The Treasurer may, out of money provided by Parliament, Revenue

pay from time to time sums by way of revenue supplements into the supplements,

relevant Fund to enable or assist each Authority to exercise its

functions.

67. It is the duty of each Authority— Financial

(a)	in the exercise of its functions, to operate as efficiently of the
and economically as possible and, in particular- Authorities.

(i)   to exercise efficiency and economy in incurring expenditure; and

(ii)   to manage its financial affairs in such a manner as not to incur commitments involving expendi­ ture from the relevant Fund beyond levels that can be met from the expected resources of the Fund;

(b)	to take all reasonable steps to ensure that the revenue of the Authority is produced at such a level as to minimise the level of revenue supplements under section 6 6 ; and
(c)	to submit to the Treasurer, in such manner and at such times as the Treasurer specifies—

(i)   detailed estimates of its revenue from all sources and its expenditure proposed for any period .specified by the Treasurer; and

(ii)   such other information relating to the financial affairs of the Authority as the Treasurer requests.

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Transport Authorities.

Capital	68 .	(1) In this section—
debt

charges.	“capital debt charges”, in relation to an Authority’s loan liability or capital, means such amounts for interest, exchange, sinking fund contributions, flotation expenses, discount, loan management and other expenses as relate to that liability or capital;
“loan liability”, in relation to an Authority, means any amount on which interest is payable to the Treasurer in pursuance of any Act.

(2) Capital debt charges are not payable to the Treasurer on behalf of the State in respect of the loan liability or capital of an Authority, but each Authority shall pay to the Treasurer, out of any surplus for a financial year, such amount as the Minister determines.

(3) The loan liability of an Authority to the State, or the capital of an Authority, is repayable to the Treasurer on behalf of the State at such times and in such amounts as the Minister determines.

(4) In the making of a determination under subsection (2) or (3), regard shall be had to any advice that an Authority has furnished to the Minister in relation to the financial affairs of the Authority.

Financial 69.

(1) An Authority may enter into arrangements to borrow money from, or obtain advances from, or obtain other financial accommodation from, an approved person or body, whether in New South Wales or elsewhere, to such extent and secured and arranged in such manner and for such period as may be approved.

accommo­

dation.

(2) The due payment of any amounts payable by an Authority pursuant to any arrangements entered into under this section, and any interest or other charges in relation thereto, is hereby guaranteed by the Government, and any liability arising from the guarantee shall be payable out of money provided by Parliament.

(3) Where the approval of the Governor in relation to

any arrangements is expressed to be given under this section, the

provisions of section 70 and Schedule 6 do not apply to or in

Act No. 103, 1980.

Transport Authorities.

respect of the arrangements, but this subsection does not prevent the borrowing of money under section 70 (1) for the discharge or partial discharge of any indebtedness to any person or body referred to in subsection ( 1 ).

(4) In this section—

“approved” means approved from time to time by the Governor on the recommendation of the Minister and with the concurrence of the Treasurer;

“financial accommodation” includes financial accommodation by way of credit arrangements, including arrangements for the deferred payment by an Authority of amounts payable by it under any contract or agreement entered into by it, but not including any arrangements that provide for the payment of instalments where the extension of credit to the Authority is not involved.

70.          (1) An Authority may from time to time, with the Purposes

approval of the Governor given on the recommendation of the

Minister and with the concurrence of the Treasurer, borrow money m aybe

for— borrowed.

(a) the purpose of carrying out any of its functions;

(b) the renewal of loans;

(c) the discharge or partial discharge of any loan or any indebtedness to the Treasurer or to any bank or to any person or body referred to in section 69 (1); or

(d) any other purpose of this Act.

(2) Schedule 6 has effect with respect to loans.

71.      (1) The charges to he demanded by the State Rail l ares, etc.

Authority in respect of its services or for any other purpose shall be as from time to time determined by order made by the Authority with the concurrence of the Minister.

(2) The charges to be demanded by the Urban Transit Authority in respect of its omnibus and ferry services or for any other purpose shall be as from time to time determined by order made by the Authority with the concurrence of the Minister.

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Transport Authorities.

(3) Each Authority shall, at least once in each financial year, submit to the Minister for his concurrence such proposals in respect of adjustments to its charges as appear to it to be necessary to take into account the following factors :—•

(a)	movements in appropriate wages and pricing indexes available to the Authority; and
(b)	the Authority’s pricing policies and structures, as from time to time approved by the Minister.

(4) In submitting any proposed charges for the concurrence of the Minister, an Authority shall certify to the Minister that, in fixing the amount of the charges, it has regard to the factors mentioned in subsection (3).

(5) An order under this section may— (a) make provision for concessions and rebates; and

(b) apply generally or be limited in its application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind.

(6 ) An order under this section shall be published in the Gazette and shall take effect as on and from the date of publication or a later date specified in the order.

(7) Orders may be made under this section providing for the issue of tickets for use in connection with more than one transport service.

(8 ) Orders may be made by an Authority under this section providing for the acceptance by the Authority of tickets issued by the other Authority or other persons or organisations.

(9) In this section, “charges” includes fares, tolls,

commissions and demurrage.

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Transport Authorities.

PART VI.

M is c e l l a n e o u s .

72.      (1) Except to the extent specified in this Act, nothing in Effect of

this Act affects the functions of the State Rail Authority conferred

or imposed by or under any other Act, but in the event of an functions,

inconsistency between this Act and any other law as to the nature

or exercise of any of its functions, or as to the respective functions

of the State Rail Authority and the Urban Transit Authority, this

Act shall prevail.

(2) Except to the extent specified in this Act, nothing in this Act affects the functions of the Commissioner for Motor Transport conferred or imposed by or under any other Act, but in the event of an inconsistency between this Act and any other Act or other law as to the nature or exercise of any of his functions, or as to the respective functions of the Commissioner and the Urban Transit Authority, this Act shall prevail.

73.           A person shall not wilfully damage or deface any property Damage to

vested in or belonging to an Authority. propertŷ *

Penalty: $400 or imprisonment for 6 months.	no*53^
s. 21 A , ’

74. (1) In this section Parking of vehicles on land

“owner”, in relation to a vehicle, includes

vested in

Authority.

(a) a person who is the owner or joint owner or partef. i972

owner of the vehicle and any person, other than

the lessor under a hire-purchase agreement relat- " '

ing to the vehicle, who has the use of the vehicle

under such an agreement; and

(b) in the case of a vehicle that is a motor vehicle—

(i)   the person in whose name the vehicle is registered under the regulations made under the Motor Traffic Act. 1909. except where that person has sold or

Act No. 103, 1980.

Transport Authorities.

otherwise disposed of the vehicle and has complied with the provisions of those regulations applicable to him with respect to that sale or disposal;

(ii)   where the vehicle has affixed to it a trader’s plate issued under that Act for use as prescribed by those regulations— the person to whom that trader’s plate is on issue; or

(iii)   a person who, pursuant to a regulation under section 3 (1) ( q l l ) or (q l2 ) of the Motor Traffic Act, 1909, is to be treated as being for the purposes of section 1 8a of that Act, the owner of the vehicle;

“parking offence’’ means the offence committed by a person who contravenes any regulation made under this Act for or with respect to the standing, waiting or parking of vehicles.

(2) Where a parking offence occurs, the person who, at the time of the occurrence of the offence, is the owner of the vehicle to which the offence relates is, by virtue of this section, guilty of an offence under the regulation relating to the parking offence in all respects as if he were the actual offender guilty of the parking offence unless—

(a)	in any case where the offence is dealt with under section 75, the owner satisfies the prescribed officer under that section that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used; or
(b)	in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.

(3) Nothing in this section affects the liability of an actual offender in respect of a parking offence but, where a penalty has been imposed on, or recovered from, any person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.

Act No. 103, 1980.

Transport Authorities.

(4) Notwithstanding anything in subsection (2) or (3),

no owner of a vehicle is, by virtue of this section, guilty of an

offence if—

(a) in any case where the appeal is dealt with under section 75, he—

(i)   within 21 days after service on him of a notice under section 75 alleging that he has been guilty of the offence, supplies by statutory declaration to the prescribed officer under that section the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; or

(ii)   satisfies that prescribed officer that he did not know and could not with reasonable diligence have ascertained that name and address; or

(b) in any other case, he—

(i)   within 21 days after service on him of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned; or

(ii)   satisfies the court that he did not know and could not with reasonable diligence have ascertained that name and address.

(5) A statutory declaration that relates to more than one

parking offence shall he deemed not to be a statutory declaration supplying a name and address for the purposes of subsection (4).

(6 ) Where a statutory declaration supplying the name and

address of a person for the purpose of subsection (4) is produced in any proceedings against that person in respect of the parking offence to which the statutory declaration relates, the statutory declaration is evidence that that person was, at all relevant times relating to that parking offence, in charge of the vehicle to which the parking offence relates.

Act No. 103, 1980.

Transport Authorities.

(7) The provisions of this section shall be construed as

supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act or regulation, by-law or ordinance under any other Act.

Penalty 75.

(1) Where it appears to a member of the police force or a prescribed officer that any person has committed, or by virtue of

offences. section 74 is guilty of, any parking offence (within the meaning of

N o ^ 5 * ^ s 18b ^hat section) prescribed for the purposes of this section, the member of the police force or prescribed officer may serve a notice on that person to the effect that if that person does not desire to have the matter determined by a court, that person may pay to an officer specified in the notice within the time specified therein an amount of penalty prescribed for that offence if dealt with under this section.

(2) Any notice under subsection (1) —

(a) may be served personally or by post; or

(b) if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 74, may be addressed to the owner without naming him or stating his address and may be served by leaving it on or attaching it to the vehicle.

(3) Any person alleged to have committed or be guilty of an offence to which subsection ( 1 ) applies has the right to decline to be dealt with under this section.

(4) Any person who fails to pay the penalty within the time specified in the notice given to him under subsection ( 1 ) or within such further time as may in any particular case be allowed shall be deer icd to have declined to be dealt with under this section.

(5) Where the amount of any prescribed penalty for an alleged offence is paid pursuant to this section, no person is liable to any further proceedings for the alleged offence.

(6 ) Payment of a penalty pursuant to this section shall not be regarded as an admission of liability for the purpose of nor in any way affect or prejudice any civil claim, action or proceeding arising out of the same occurrence.

Act No. 103, 1980.

Transport Authorities.

(7) The regulations may—

(a)	prescribe the offences which shall be prescribed offences for the purposes of this section by setting out the offences or by a reference to the regulation or part of the regulation creating the offence;
(b)	prescribe the amount of penalty payable under this section for any prescribed offence;
(c)	for the purposes of this section, prescribe different amounts of penalties for different offences or classes of offences or for offences or classes of offences having regard to the circumstances thereof; and
(d)	prescribe the persons or classes of persons who shall be prescribed officers for the purposes of this section.

(8 ) No penalty prescribed under this section for any

offence shall exceed any maximum amount of penalty which could

be imposed for the offence by a court.

(9) The provisions of this section shall be construed as

supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act or regulation, by-law or ordinance under any other Act in relation to proceedings which may be taken in respect of offences.

76.          Where any difference, whether or not arising out of the Differences

construction of this Act or any other Act, arises between an auttoiffes to the carrying out of the provisions of this Act or any other Act under which functions are conferred or imposed on the Authority, or any matter arising thereout, the difference shall be determined by the Governor or in such manner as the Governor directs.

Authority and the Commissioner for Motor Transport, the Com- cf. 1972

missioner for Main Roads, the Commissioner of Police, the

council of any city, municipality or shire, or any Government ’ '

Act No. 103, 1980.

Transport Authorities.

Enforce­	77,	(1) Where judgment has been given by a court against
ment of

judgments,	any officer of an Authority for the payment of any sum of money,
cf. 1912	or against any contractor to the Authority for the payment of any
No. 30,	sum of money in respect of any dishonoured cheque or promissory

s. 107 a ;

1930             note or upon any guarantee or bond or for rent of any land or for

No. 18,

s. 128a. goods supplied or money lent or for wages due in connection with his contract with the Authority, the person in whose favour the judgment has been given may serve on the Authority a copy of the judgment certified under the hand of the registrar or other proper officer of the court by which the judgment was delivered or in which it was obtained and a statutory declaration stating that the judgment has not been satisfied by the judgment debtor and setting out the amount due by the judgment debtor under the judgment.

(2) Upon the service upon it of a copy of a judgment

and a statutory declaration in pursuance of this section, the Authority shall, as soon as practicable, notify the judgment debtor in writing of the service of the copy judgment and statutory declaration and require him to state in writing, within a time to be specified by him, whether the judgment has been satisfied, and if so, to furnish evidence in support thereof, and if the judgment has not been satisfied, to state the amount then due under it.

(3) If the officer or contractor fails to prove to the

satisfaction of the Authority that the judgment has been satisfied, the Authority may, from time to time, deduct from the net amount of any money payable to the officer or contractor such sums as are in its opinion reasonable towards the satisfaction of the judg­ ment, and shall apply those sums in the manner provided in this section.

(4) In no case shall a deduction be made which will

reduce the amount to be received by an officer to less than a sum per week equivalent to the amount ascertained in accordance with subsection (5).

Act No. 103, 1980.	48
Transport Authorities.

(5) The amount which, pursuant to subsection (4), is

to be ascertained in accordance with this subsection shall—

(a)	in the application of subsection (4) to a male officer—be ascertained by deducting $8 from the basic wage for adult males in force within the meaning of Part V of the Industrial Arbitration Act, 1940, immediately before the deduction under subsection (3) is made; and
(b)	in the application of subsection (4) to a female officer— be ascertained by deducting $8 from the basic wage for adult females in force within the meaning of that Part immediately before the deduction under subsection (3) is made.

(6 ) Where more than one judgment and statutory

declaration are served upon the Authority in respect of one judgment debtor, the judgments shall be dealt with under this section in the order of service thereof upon the Authority.

(7) Any deductions made under subsection (3) from

money payable to an officer or contractor shall, as between the Authority and the officer or contractor, be deemed to be a payment in full in money to the extent of the payment by the Authority to the officer or contractor.

( 8 ) Any person to whom a payment has been made in

pursuance of this section and who fails to notify the Authority immediately a judgment debt in respect of which the payment is made, is satisfied, or is deemed to be satisfied, shall be liable to forfeit to the Authority a penalty not exceeding $100.

(9) If any deduction made in pursuance of subsection (3)

from money payable to a judgment debtor exceeds the amount due under the judgment against the judgment debtor, the excess shall be repayable by the Authority to the judgment debtor, and in default of payment, may be recovered by the judgment debtor in any court of competent jurisdiction.

Act No. 103, 1980.

Transport Authorities.

(10) The foregoing provisions of this section do not apply in relation to any officer or contractor whose estate has been sequestrated either voluntarily or compulsorily for the benefit of his creditors, and who has not obtained a certificate of discharge.

(11) The remedy prescribed by this section shall not, as regards any officer or contractor, limit or affect any other remedy which may be open under the ordinary process of the law, but as regards the Authorities, the remedy shall be an exclusive one.

(12) Out of the sums deducted under subsection (3) there shall be retained by the Authority, to be paid into the Fund, an amount equal to 5 per cent (or such other percentage as the Governor may, by order, notify in the Gazette, which order the Governor is hereby authorised to make) of those sums, and the balance of those sums shall be paid to the judgment creditor.

(13) When the Authority makes a payment to a judgment creditor under subsection (12), the Authority shall forward to the judgment creditor a statement showing—

(a)	the sums deducted under subsection (3) in respect of the judgment from money payable to the officer or contractor;
(b)	the amount retained under subsection (12) out of those sums by the Authority; and
(c)	the balance of those sums paid under subsection (12) to the judgment creditor.

(14) Upon payment being made under subsection (12) to the judgment creditor, the judgment creditor shall credit the officer or contractor with the sums referred to in subsection (13) (a ), as shown in the statement forwarded by the Authority to the judgment creditor, and the judgment in respect of which the pay­ ment was made shall for all purposes be deemed to be satisfied to the extent of those sums, as so shown.

(15) In this section, “judgment” includes a judgment

against joint defendants.

Act No. 103, 1980.

Transport Authorities.

78. The provisions of the Public Service Act, 1979 do not Public

.Service

apply to or in respect of the appointment of any person as

member or officer of a Corporation, and a person is not, in his not to capacity as such a member or officer, subject to those provisions. ^PPh-

79.          In any legal proceedings by or against a Corporation, no proof of

proof shall be required (until evidence is given to the contrary)

of—

riot

required,

(a)	the constitution of the Corporation;	cf. 1972 No. 53,
(b)	any resolution of the Corporation;	s. 26.
(c)	the appointment of or holding of office by any member of the Corporation;

(d) the appointment of any officer of the Corporation; or

(e) the presence of a quorum at any meeting of the

Corporation.

80.      Every summons, process, demand, order, notice, statement, Authcntica-

dircction or document requiring authentication by a Corporation

may be sufficiently authenticated without the seal of the Corpora- documents

tion if signed by the Secretary or by any other officer authorised

to do so by the Corporation.

cf. 1972

No. 53,

s. 28.

81.      Any charge, fee or money due to an Authority, or to the Recovery

Crown, in respect of any of the activities of the Authority under the

provisions of this or any other Act or any regulation or by-law may Authorities,

be recovered by the Authority as a debt in a court of competent

jurisdiction. s. 30.

82.          In any other Act, in any instrument made under any Act shortened

or in any other instrument of any kind, except in so far as the

context or subject-matter otherwise indicates or requires— tions.

(a) a reference to the “State Rail Authority” shall be read and construed as a reference to the State Rail Authority of New South Wales;

Act No. 103, 1980.

Transport Authorities.

SCHEDULE 6— continued.

Loans— con tinned.

Trustees.	6. (1) Any trustee, unless expressly forbidden by any instrument creating the trust, may invest any trust money in his hands in stock inscribed by an Authority or in any debentures, bonds or other securities issued in accord­ ance with this Act, and the investment shall be deemed to be a security authorised by the Trustee Act, 1925.
(2) Any debenture or bond issued, stock inscribed, or other security issued, in pursuance of this Act, shall be a lawful investment for any money which any company, council or body corporate, incorporated by any Act, is authorised or directed to invest in addition to any other invest­ ment authorised for the investment of that money.
(3) No notice of any express, implied or constructive trust shall be received by an .Authority by any officer of the Authority in relation to any debenture or coupon issued or stock inscribed by the .Authority.

Lost 7. (1) If any debenture or bond issued by an Authority is lost, destroyed debentures, or defaced before it has been redeemed, the Authority may, subject to the

provisions of this clause, issue a new debenture or bond in its place.

(2) A new debenture or bond, issued under subclause (1) with interest coupon annexed, shall bear the same date, number, principal sum and rate of interest as the lost, destroyed or defaced debenture or bond.

(3) Where a debenture or bond is lost or destroyed, a new debenture or bond shall not be issued unless—

(a) it has been established to the satisfaction of the Supreme Court that the debenture or bond has been lost or destroyed before redemption;

(b) such advertisements as the Court may direct have been published;

(c)	6 months have elapsed since the publication of the last of those advertisements; and
(d)	sufficient security has been given to the relevant Authority to indemnify it against any double payment if the missing debenture or bond is at any time thereafter presented for redemption.

(4) Where a debenture or bond is defaced, a new debenture or bond

shall not be issued unless and until the defaced debenture or bond is

lodged with the relevant Authority for cancellation.

Act No. 103, 1980.	80
Transport Authorities.

SCHEDULE 6— continued .

L oans— continued.

(5) The provisions of this clause shall apply to and in respect of a lost, destroyed or defaced coupon in the same way as they apply to and in respect of a lost, destroyed or defaced debenture or bond.

(6) Notwithstanding any other provision of this clause, in the case of loss, theft, destruction, mutilation or defacement of any debenture or bond issued under clause 4, a duplicate or new debenture or bond may be issued upon proof to the satisfaction of the relevant Authority of the loss, theft or destruction, or upon surrender of the mutilated or defaced debenture or bond, as the case may be, and upon the Authority receiving security or indemnity satisfactory to it against double payment if the missing debenture or bond is at any time thereafter presented for payment.

8.         (1) A person advancing money to an Authority shall not be bound Protection

to inquire into the application of the money advanced or be in any way

responsible for its non-application or misapplication. investors.

(2) A notification in the Gazette of the approval of the Governor

having been given to a borrowing by an Authority shall, in favour of a lender and of any holder of any security given by the Authority, be conclusive evidence that all conditions precedent to the borrowing have been complied with and, where the approval notified is to a borrowing by the Authority in a place outside New South Wales and in a particular currency, shall also be conclusive evidence in favour of those persons of the approval of the Governor to the borrowing in the place and in the currency specified in the notification.

9.

upon the income and revenue of an Authority shall rank pari passu without *'®**̂ ,,

any preference one above another by reason of priority of date or otherwise.

All debentures, bonds, stock or other securities which are secured Securities

10.         (1) If for 6 months default is made by an Authority in making any Receivers,

payment, whether of principal or interest, to the holder of gny debenture, or coupon, issued or stock inscribed by the Authority, the holder thereof may apply to the Supreme Court for the appointment of a receiver of the income of the Authority.

(2) A receiver may be appointed in respect of the income of the Authority either generally or as regards specified income.

Act No. 103, 1980.

Transport Authorities.

SCHEDULE 6— continued .

L oans— continued.

(3) The Supreme Court may make such orders and give such directions as it may deem proper for and with respect to all or any of the following matters:—

(a) the appointment of a receiver;

(b) the removal of a receiver;

(c) the appointment of a receiver in place of a receiver previously appointed.

(4) The receiver shall be deemed to be an officer of the Supreme Court, and shall act under its directions.

Powers 11. (1) A receiver shall have power to collect all income payable to

and

the relevant Authority which he has by order of the Supreme Court been

duties

of

so authorised to collect and for the purposes of this subclause the receiver

receivers.

shall be deemed to be the Authority and may exercise all the powers of

the Authority.

(2) The receiver shall discharge such duties of the Authority or of

any officers of the Authority as may be prescribed.

Commission 12. The receiver shall be entitled to such commission or remuneration

to

for his services as the Supreme Court may order, and the commission or

receiver.

remuneration shall be payable out of the income for and in respect of

which he has been appointed receiver.

Application 1^- "1̂ ®̂ receiver shall, subject to any order of the Supreme Court, pay

of money	and apply all money received by him in the following order, that is to say—
received.

(a)	firstly, in payment of the costs, charges, and expenses of collection, and of his commission or remuneration;
(b)	secondly, in the payment of the amount due and payable to the holder of the debenture or inscribed stock or coupon, as the case may be; and
(c)	thirdly, in payment of all the residue of the money to the relevant Authority.

Act No. 103, 1980.

T ra n sp o r t A u th o r itie s .

S C H E D U L E 7. Sec. 86.

R e pe a l s .

Column 1. Column 2.

Year and

number of Short title of Act. Extent of repeal.

Act.

1951, No. 11 .. Sydney Harbour Transport Act, The whole Act.

1951.

1952, No. 24 .. Transport (Division of Functions) Section 8.

Further Amendment Act, 1952.

1965, No. 33 .. Decimal Currency Act, 1965 .. So much of the Second

Schedule as related to Act

No. 11, 1951.

1970, No. 52 .. Supreme Court Act, 1970 .. So much of the Second

Schedule as amended Act No.

11, 1951.

1972, No. 41 .. Supreme Court (Amendment) Paragraph (al) of the Second

Act, 1972. Schedule.

1972, No. 53 .. Public Transport Commission The whole Act.

Act, 1972.

1974, No. 32 .. Public Transport Commission The whole Act.

(Amendment) Act, 1974.

1974, No. 81 .. Public Transport Commission The whole Act.

and Sydney Harbour Transport

(Amendment) Act, 1974.

1975, No. 58 . . Public Transport Commission The whole Act.

(Amendment) Act, 1975.

1976, No. 4 .. Statutory and Other Offices So much of Schedule 5 as

Remuneration Act, 1975. amended Act No. 53, 1972.

1976, No. 30 .. Public Transport Commission The whole Act.

(Amendment) Act, 1976.

1977, No. 6 .. Public Transport Commission The whole Act.

(Amendment) Act, 1977.

1977, No. 19 .. Notice of Action and Other So much of Schedule 1 as

Privileges Abolition Act, 1977.

amended Act. No. 11, 1951,

and Act No. 53, 1972.

1978, No. 117 .. Public Transport Commission The whole Act.

(Financial Accommodation)

Amendment Act, 1978.

1979, No. 205 .. Miscellaneous Acts (Planning) So much of Schedule 1 as

Repeal and Amendment Act, relates to Act No. 53, 1972.

Act No. 103, 1980.

Transport Authorities.

Sec. 87. SCHEDULE 8.

Savings, T ra nsitional and O th er P rovisions.

1.         In this Schedule, “Commission” means the Public Transport

Interpre­

tation. Commission.

2.   (1) On the appointed day, the Commission is dissolved.

Dissolution (2) A person who, immediately before the appointed day, held office

of Public

as a commissioner of the Commission and who ceased to hold that office

Transport

by reason of the operation of this Act, is not entitled to be paid any

Commission.

remuneration or compensation by reason of his so ceasing to hold that

office.

Transfer of

3. (1) On and from the appointed day—

assets, etc.,

of Commis­

(a) all real and personal property and all right and interest therein and all management and control therof that, immediately before that day, was vested in or belonged to the Commission shall vest in and belong to the State Rail Authority (in this subclause referred to as “the Authority” );

sion.

(b)	all money and liquidated and unliquidated claims that, immediately before that day, was or were payable to or recoverable by the Commission shall be money and liquidated and unliquidated claims payable to or recoverable by the Authority;
(c)	all proceedings pending immediately before that day at the suit of the Commission shall be deemed to be proceedings pending on that day at the suit of the Authority and all proceedings so pending at the suit of any person against the Commission shall be deemed to be proceedings pending at the suit of that person against the Authority;
(d)	all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the Com­ mission and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Authority;
(e)	the Authority may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to as the Commission might have done but for the enactment of this Act;

Act No. 103, 1980.	84
Transport Authorities.

SCHEDULE 8— continued.

Savings, T ra nsitional and O t h e r P rovisions—continued.

(f)	the Authority may enforce and realise any security or charge existing immediately before that day in favour of the Commission and may exercise any powers thereby conferred on the former Commission as if the security or charge were a security or charge in favour of the Authority;
(g)	all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recover­ able against, the Commission shall be debts due by, money payable by and claims recoverable against, the Authority; and
(h)	all liquidated and unliquidated claims for which the Commission would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Authority shall be liable.

(2) Subject to this Act, any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of the Commission shall, to the extent that but for the enactment of this Act that act, matter or thing would on or after that day have had any force or effect or been in operation, be deemed to have been done or omitted to be done by, to or in respect of the State Rail Authority.

(3) No attornment to the State Rail Authority by a lessee from the Commission shall be required.

4.        (1) On and from the appointed day, a reference in any other Act Construc-

or ill any regulation, by-law or other statutory instrument or in any other tion of

document, whether of the same or a different kind, being a reference to,

or a reference to be read or construed as a reference to, or deemed or	‘
taken to refer to the Commission, the Commissioner for Railways or the Commissioner for Government Transport shall be read and construed as a reference to the State Rail Authority, except to the extent that the reference is made in relation to a function that is by or under this or any other Act conferred or imposed (otherwise than by a delegation) on the Urban Transit Authority.

(2) On and from the appointed day, a reference in any other Act

or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or a different kind, being a reference to, or a reference to be read or construed as a reference to, or deemed or taken to refer to the Commission, the Commissioner for Railways or the Commissioner for Government Transport, in connection with any of the functions referred to in section 34 or 35, shall be read and construed as a reference to the Urban Transit Authority,

Act No. 103, 1980.

Transport Authorities.

SCHEDULE 8— continued .

Savings, T ra nsition al and Ot h e r P rovisions— continued.

(3) On and from the appointed day, a reference in any other Act or in any regulation, by-law or other statutory instrument or in any other document, whether of the same or a different kind, being a reference to, or a reference to be read or construed as a reference to, or deemed or taken to refer to—

(a)	the Chief Commissioner, Deputy Chief Commissioner or any other commissioner of the Commission shall be read and construed as a reference to a member of the State Rail Authority appointed in that behalf by the Authority; or
(b)	the chairman or any other member of the Sydney Harbour Transport Board shall be read and construed as a reference to a member of the Urban Transit Authority appointed in that behalf by the Authority.

(4) Notwithstanding the foregoing subclauses of this clause, on and from the appointed day, the references in section 270d (2 ) (d) of the Local Government Act, 1919, to the Public Transport Commission of New South Wales, a commissioner of that Commission nominated by that Com­ mission and an officer of that Commission so nominated shall be read and construed as references to the Urban Transit Authority, a member of that Authority nominated by that Authority and a member of that Authority so nominated, respectively.

(5) Without affecting subclause (4 ), the amendment made by section 33 of the Public Transport Commission Act, 1972, to the Local Govern­ ment Act, 1919, continues to have the same force and effect as if that section had not been repealed by this Act.

Funds and	5. (1) The balances (as at 30th June, 1980) of—^
accounts.

(a) the Government Railways Fund;

(b) the Government Railways Renewals Fund; and

(c) all other funds and accounts kept at the Treasury in relation to the Commission, other than—

(i)   the funds and account to be paid into the Urban Transit Authority Fund pursuant to subclause (2); and

(ii)   the Government Railways Su; erannuation Account and any other fund or account established for or in connection with a scheme, fund or arrangement under which any superannuation or retirement benefits are provided,

shall be paid into the State Rail Authority Fund.

Act No. 103, 1980.	86
Transport Authorities.

SCHEDULE 8— continued.

Savings, T ra nsitional and O t h e r P rovisions— continued.

(2) The balances (as at 30th June, 1980) of—

(a) the Metropolitan Transport Trust General Fund;

(b) the Newcastle and District Transport Trust General Fund; and

(c) the Public Transport Commission of New South Wales Ferry Services Account within the Special Deposits Account at the Treasury,

shall be paid into the Urban Transit Authority Fund.

(3) Where, but for this Act, any amounts would be payable, pursuant to any Act, to or in respect of the Commission by the Treasurer in respect of the period commencing on 1st July, 1980, and ending on 30th September, 1980, both dates inclusive, those amounts shall be payable into the Funds in such proportions as the Treasurer determines, as if that Act authorised those payments.

(4) Any amount paid under subclause (3) pursuant to the Audit Act, 1902, as a contribution to meet losses shall be deemed to be received by way of revenue supplement, as referred to in section 66.

6.         (1) For the purpose of determining what assets, debts and liabilities Constitu-

of the Commission should be those of the respective Authorities, there shall, tion of

Joint

on and from the appointed day, be— Committees.

(a) a Technical Joint Committee; and

(b) a Finance Joint Committee,

which shall have and may exercise the functions conferred or imposed on

them respectively by this Schedule.

(2) The Technical Joint Committee shall consist of—

(a)	a chairman, being a person appointed by the State Rail Authority to represent it for the time being; and
(b)	2 other persons, one each appointed by each of the other Corporations to represent it for the time being.

(3) The Finance Joint Committee shall consist of—

(a) a chairman, being the Auditor-General or a person appointed by him to act on his behalf for the time being;

90245 H-2/7

Act No. 103, 1980.

Transport Authorities.

SCHEDULE continued.

S.wiNGS, T ransitional and O t h e r P rovisions— continued.

(b)	the Under Secretary of the Treasury or a person appointed by him to act on his behalf for the time being; and
(c)	2 other persons, one each appointed by each Authority to represent it for the time being.

(4) The chairman of a Joint Committee shall preside at all meetings

of the Committee.

Functions	7. (1) The functions of the Technical Joint Committee arc—
of

Technical (a) to determine vyhat assets, being equipment, land and works of

Joint	the Commission, are to be assets of the Authorities respectively;
Committee.	and

(b) to determine what records (inchtding books, documents and papers), being records held by the Commission and relating to the equipment, land and works of the Commission, arc to be records of the Authorities respectively.

(2) Where a determination has been made under this clause, a record thereof shall be filed in the oflice of each Authority, and a copy transmitted to the Minister for record purposes.

(3) A determination made under subclause (1) shall be given effect to by the Authorities.

(4) In the event of a difference between the members of the Technical Joint Committee, the difference shall be determined in such manner as the Minister determines.

Functions 8. (1) The functions of the Finance Joint Committee (in addition to its

of	functions under clause 11) are—
Finance

Joint (a) to determine what assets of the Commission, not being assets

Committee.

referred to in clause 7 ( 1 ) (a), arc to be assets of the Authorities

respectively;

(b)	to determine (by apportionment or otherwise) what debts and liabilities of the Commission are to be debts and liabilities of the Authorities respectively;
(c)	to determine what records (including books, documents and papers) of the Commission, not being records referred to in clause 7 (1) (b), are to be records of the Authorities respectively; and

Act No. 103, 1980.	88
Transport Authorities.

SCHEDULE 8— c o n tin u e d .

Savings, T ransitional and O t h e r P rovisions— c o n tin u e d .

(d) to determine how the expense of meeting payments on account of the leave entitlements or on the retirement or death or other termination of the employment of an officer or employee of the Commission transferred to the service of an Authority by or under this Act should be apportioned between the Authorities.

(2) Where a determination has been made under this clause, a record thereof shall be filed in the office of each Authority, and a copy transmitted to the Minister for record purposes.

(.I) A determination made under subclause (1) (a), (b) or (c) shall be given effect to by the Authorities.

(4) A determination made under subclausc (1) (d) shall be given effect to by the Authorities, subject to and in accordance with any directions given by the Minister from time to time.

(5) Questions arising at any meeting of the Finance Joint Committee shall be determined by a majority of votes of the members.

(6) In the event of an equality of votes at any meeting of the Finance Joint Committee, the chairman shall have, in addition to a deliberative vote, a second or casting vote.

9.         (1) Each Joint Committee established by this Schedule shall complete Completion

the exercise of its functions within 6 months after the appointed day or of Joint	_
such longer period as the Governor may approve in relation to the

Committee.	’
(2) The Governor may, if he is satisfied that a Joint Committee has completed the exercise of its functions, dissolve the Committee.

10.         (1) Without affecting anything in clause 7 or 8, the Governor may, vesting

by proclamation published in the Gazette, declare that any assets, debts of certain

or liabilities referred to in either of those clauses and specified or referred assets,

to in the proclamation belong to the Urban Transit Authority. Urban

Transit

(2) A proclamation may be published under subclause (1) in respect ■'Authority,

only of assets, debts and liabilities that are determined under clause 7 or

8 to be those of the Urban Transit Authority.

89   Act No. 103, 1980.

Transport Authorities.

SCHEDULE 8— continued.

Savings, T ransitional and O t h e r P rovisions— continued.

(3) The provisions of clause 3 (3) — (5) apply to and in respect

of the assets, debts or liabilities to which a proclamation under subclause (1) relates in the same way as they apply to and in respect of the things therein referred to, and so apply as if references to—

(a)	the appointed day were references to the date of publication in the Gazette of the proclamation or a later date specified in the proclamation;
(b)	the State Rail Authority were references to the Urban Transit Authority; and
(c)	the Public Transport Commission were references to the State Rail Authority.

Capital n . (1) The Finance Joint Committee shall, within 6 months after the

value of	appointed day or such longer period as the Governor may approve, prepare
^setsof	present to the Governor a report setting out what it considers to be capital value of the assets, debts and liabilities of the Commission which have, under clauses 7 and 8, been determined to be assets, debts and liabilities of each Authority.

ommission.

(2) The net capital value of the assets, debts and liabilities of an Authority, being assets, debts and liabilities of the Authority as referred to in subclause (1), shall, as on and from the appointed day, be such amount as the Governor specifies by proclamation published in the Gazette.

Elections.

12. (1) For the purposes of enabling the members of a Corporation to take office on or after, but not before, the appointed day, and for any incidental purpose (including the holding of elections), this Act shall be deemed to have commenced on the date of assent to this Act.

(2) For the purposes o f any election held under this Act before the appointed day, the definition of “eligible person” in clause 1 of Schedule 1 shall be deemed to be omitted, and a reference in that clause to an eligible person shall be construed in accordance with the regulations.

Stafi

13. (1) Subject to subclause (2), all officers of the Commission shall,

(2) If the Minister so directs before the appointed day, an officer

referred to in subclause (1) and specified or referred to in the direction

shall, on that day. become and be an officer of the Urban Transit Authority.

of the

on the appointed day, become and be officers of the State Rail Authority.

Commission.

Act No. 103, 1980.

Transport Authorities.

SCHEDULE 8— continued.

Savings, T ransitional and O th er P rovisions— continued.

14. In relation to the accounts of the Commission for the 12 months Audit

of Commis­

ending on 30th June, 1980— sion’s

(a)	the accounts shall be audited by the Auditor-General in the same accounts, way as if this Act had not been enacted;
(b)	the Auditor-General shall have and may exercise any functions that he would have had but for the enactment of this Act; and
(c)	the Auditor-General shall have and may exercise, in relation to members and oflicers of the Corporations, any functions that he could have exercised in relation to members and officers of the Commission but for the enactment of this Act.

15.         The fares, tolls or charges applicable immediately before the Fares,

appointed day in respect of rail, omnibus or ferry services provided by the Commission shall be deemed to have been determined in respect of the same services by orders made under section 71.

16.         (1) As soon as practicable after 30th June, 1980, but on or before Annual

31st December, 1980, the State Rail Authority shall prepare and submit to report pf

the Minister a report of the work and activities of the Commission for the Commission.

12 months ending on 30th June, 1980.

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

(3) The report under subclausc (1) shall include any report referred to in section 31 (3) of the Public Transport Commission Act, 1972, in respect of the 12 months ending on 30th June, 1980.

(4) The report referred to in subclause (1) shall be prepared by the State Rail Authority from such information as is available to it.

17.         Any regulations in force under the Public Transport Commission Regulations

Act, 1972, immediately before the appointed day shall, to the extent that under the

they could have been made on or after that day, he deemed to have been

made under this Act.

CommLon

Act, 1972.

Act No. 103, 1980.

Transport Authorities.

SCHEDULE 8— continued.

Savings, T ra nsitional and O t h er P rovisions— c o n tin u e d .

Regulations.	18. (1) The Governor may make regulations containing other provisions of a savings or transitional nature consequent on the enactment of this Act.
(2) A provision made under subclause (1) may take effect as from the appointed day or a later day.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication therein.

(4) A provision made under subclause (1) shall, if the regulations under this clause so provide, have effect notwithstanding any other clause of this Schedule.

(5) Notwithstanding subclause (4). the regulations under this

clause may not be inconsistent with clause 2.