Transport Authorities (Amendment) Act 1982 (NSW)

TRANSPORT AUTHORITIES (AMENDMENT) ACT, 1982,

No. 19

ANNO TRICESIMO PRIMO

ELIZABETHS D REGINS

Act No. 19, 1982.

An Act to amend the Transport Authorities Act, 1980, with respect to the manner in which terms and conditions of carriage on railways and charges to be demanded by the State Rail Authority and the Urban Transit Authority may be determined; and for other purposes. [Assented to, 22nd April, 1982.]

Sec a!s<j G overnm ent Railways (Am endm ent) Act, 1982; T ronspuri (A m endm ent) Act, 1982; Miscdli^nc-oiis

Acts (hinancial A ccom m odalian) Amenclment Act, 19B2,

Act No. 19, 1982, 2

Transport Authorities (Amendment).

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:—

Short title.

1.          This Act may be cited as the “Transport Authorities (Amendment)

Act, 1982”.

Principal Act.

2. The Transport Authorities Act, 1980, is referred to in this Act as

the Principal Act.

Amendment of Act No. 103, 1980.

3. The Principal Act is amended in the manner set forth in Schedule 1.

Saving,

4.          Any orders in force, immediately before the commencement of this

section, under section 71 of the Principal Act shall, on that commencement, be deemed to be orders made under section 71 of that Act, as amended by this Act, but section 71 (7) of that Act, as so amended, does not require publication in the Gazette of any such order.

3  Act No. 19, 19X2.

Transport Authorities (Amendment).

SCHEDULE 1.

(Sec. 3.)

Amendments to the Principal Act.

(1) Section71 (3 ) -(1 3 )—

Omit section 7 1 (3 ) - (9 ) , insert instead;—

(3) The State Rail Authority may, with the concurrence of the

Minister, make orders from time to time, not inconsistent with the Government Railways Act, 1912, or with any by-law in force under that Act, for or with respect to determining the terms and condi­ tions—

(a) upon which passengers shall be carried; and

(b) upon which—^

(i)    passengers’ luggage;

(ii) goods;

(iii) livestock; and

(iv) other freight,

shall be collected, received, kept, carried or delivered.

(4) 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 avail­ able to the Authority; and
(b)	the Authority’s pricing policies and structures, as from time to time approved by the Minister.

(5) 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 had regard to the factors mentioned in subsection (4).

Act No. 19, 1982. 4

Tmnsport Authoflties (Amenilmcitt).

SCHEDUi.E i^continued.

Am[::ndivu NTS TO iTli-. Principai. Act—coniimicd.

(6) An order under this section may—■

(a) adopt and incorporate by reference the whole or any part of a handbook, pamphlet or other document issued by an Authority and setting out particulars of the matters deter­ mined or provided for in order;

(b) make provision for concessions and rebates; and

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

(7) Subject to subsection (11) (b). an order under this section

shall be published in tlie Gazette and shall take effect on and from the

date of publication of the order or a later date specified in the order.

(8) Orders may be made under this section by an Authority, with the consent of the other Authority, determining any charges to be demanded by that other Authority.

(9) Orders may be made under this seel ion provitliiig for (lie issue

of tickets for use in connection with more than one service.

(10) Orders may he made by an Authority under (his sectir.n pro­

viding for the acceptance by the Authority of tickets issued hv the

other Aiitht^rity other persons or organisations.

( I I ) Where an order under this section adopts and incorporates

by reference the whole or part of a handbook, pamphlet or oilier

document issued by an Authority—

(a) the contents of the handbook, pamphlet or other document, as the case may be, may be proved in any court by pro­ duction of a tiocument certified under tiie seal of the Authority to be a true copy of the handbook, pamphlet or other document;

5  Act No. 19, 1982.

Transport Authorities {Amendment).

SCHEDULE 1— continued.

Amendments to the Principal Act—continued.

(b)	subsection (7) does not require the publication in the Gazette of the handbook, pamphlet or other document or part thereof; and
(c)	the Authority shall, upon application made to it by any person and payment of the prescribed fee, if any, furnish to the person a copy of the handbook, pamphlet or other document, or part thereof, as the case may require,

(12) Judicial notice shall be taken of every order made, or pur­ porting to have been made, and published in the Gazette under this section and of the date of its publication,

(13) In this section, “charges” includes fares, tolls, commissions and demurrage.

(2) Section 80-—

Omit “direction or”, insert instead “direction or other”.