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This is a Bill, not an Act. For current law, see the Acts databases.


TRANSPORT ADMINISTRATION AMENDMENT (RAIL AGENCIES) BILL 2003




                         New South Wales




Transport Administration Amendment
(Rail Agencies) Bill 2003


Contents

                                                                           Page
           1   Name of Act                                                   2
           2   Commencement                                                  2
           3   Amendment of Transport Administration Act 1988 No 109         2
           4   Amendment of Acts and instruments                             2
  Schedule 1   Amendment of Transport Administration Act 1988                3
  Schedule 2   Amendments relating to dissolution of Rail Infrastructure
               Corporation                                                  74
  Schedule 3   Amendment of other Acts and instruments                      80
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.


                                                Clerk of the Legislative Assembly.
                                                Legislative Assembly,
                                                Sydney,                     , 2003




                             New South Wales




Transport Administration Amendment
(Rail Agencies) Bill 2003

Act No       , 2003




An Act with respect to the organisation of rail services in the State, the
ownership of rail infrastructure facilities in the State and the constitution of new
State rail agencies and the winding up and dissolution of others; and for other
purposes.




I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.


                           Chairman of Committees of the Legislative Assembly.
Clause 1     Transport Administration Amendment (Rail Agencies) Bill 2003




The Legislature of New South Wales enacts:
 1    Name of Act
           This Act is the Transport Administration Amendment (Rail
           Agencies) Act 2003.
 2    Commencement
           This Act commences on a day or days to be appointed by
           proclamation.
 3    Amendment of Transport Administration Act 1988 No 109
           The Transport Administration Act 1988 is amended as set out in
           Schedules 1 and 2.
 4    Amendment of Acts and instruments
           The Acts and instruments specified in Schedule 3 are amended as
           set out in that Schedule.




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Transport Administration Amendment (Rail Agencies) Bill 2003

Amendment of Transport Administration Act 1988                         Schedule 1




Schedule 1 Amendment of Transport Administration
           Act 1988
                                                                          (Section 3)

[1]   Long title
      Insert "Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation," before "the State Rail Authority".
[2]   Section 3 Definitions
      Insert in alphabetical order in section 3 (1):
                    access purchaser means a person who has contracted with a
                    rail infrastructure owner in respect of the operation of rolling
                    stock.
                    country rail area means that part of the NSW rail network not
                    within the metropolitan rail area.
                    metropolitan rail area--see section 3A.
                    NSW rail access undertaking means:
                    (a) if an undertaking referred to in section 99C is in force
                        under the Trade Practices Act 1974 of the
                        Commonwealth, that undertaking, or
                    (b) in any other case, an access undertaking in force under
                        Schedule 6AA.
                    NSW rail network means the railway lines vested in or owned
                    by a rail infrastructure owner (including passing loops and
                    turnouts from those lines and loops and associated rail
                    infrastructure facilities that are so vested or owned).
                    rail infrastructure facilities:
                    (a) includes railway track, associated track structures, over
                           track structures, cuttings, drainage works, track support
                           earthworks and fences, tunnels, bridges, level
                           crossings, service roads, signalling systems, train
                           control systems, communication systems, overhead
                           power supply systems, power and communication
                           cables, and associated works, buildings, plant,
                           machinery and equipment, but




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               Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 1     Amendment of Transport Administration Act 1988




                  (b)    does not include any stations, platforms, rolling stock,
                         rolling stock maintenance facilities, office buildings or
                         housing, freight centres or depots, private sidings or
                         spur lines connected to premises not vested in or owned
                         by a rail infrastructure owner.
                  rail infrastructure owner means the person in whom
                  ownership of rail infrastructure facilities is vested by or under
                  this Act, and includes, in the case of any rail infrastructure
                  facilities that are managed or controlled by Transport
                  Infrastructure Development Corporation for the purposes of
                  exercising its functions under this Act, Transport
                  Infrastructure Development Corporation.
                  rail operator means a person who is responsible for the
                  operation or moving, by any means, of any rolling stock on a
                  railway track.
                  RailCorp means Rail Corporation New South Wales
                  constituted under this Act.
                  rolling stock means any vehicle that operates on or uses a
                  railway track, but does not include a vehicle designed to
                  operate both on and off a railway track or tracks when the
                  vehicle is not operating on a railway track or tracks.
                  Transport Infrastructure Development Corporation (or
                  TIDC) means Transport Infrastructure Development
                  Corporation constituted under this Act.
[3]   Section 3 (1), definition of "Authority"
      Omit "the State Rail Authority,".
[4]   Section 3 (1), definition of "Rail Corporation"
      Omit the definition.
[5]   Section 3 (1), definition of "RIC access undertaking"
      Omit the definition.




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Amendment of Transport Administration Act 1988                         Schedule 1




[6]   Section 3 (4)
      Insert after section 3 (3):
             (4)    Words and expressions used in this Act have the same
                    meanings as they have in the State Owned Corporations
                    Act 1989.
[7]   Section 3A
      Insert after section 3:
      3A     Metropolitan rail area
             (1)    For the purposes of this Act, the metropolitan rail area is the
                    land shown or described as being within the metropolitan rail
                    area on the metropolitan rail area map presented to the
                    Speaker of the Legislative Assembly (by or on behalf of the
                    Member of the Assembly who introduced the Bill for this Act)
                    when the Bill was introduced into the Assembly, and also
                    lodged in the office of the Ministry of Transport, as amended
                    or replaced under this section.
             (2)    The Minister may, by notice published in the Gazette, amend
                    or replace the metropolitan rail area map, but only for one or
                    more of the following purposes:
                    (a) to provide a more detailed description of the land,
                    (b) to alter the boundaries of the land for the purposes of
                          the effective management of rail infrastructure facilities
                          in the State.
             (3)    The metropolitan rail area map may consist of one or more
                    maps.




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                   Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 1         Amendment of Transport Administration Act 1988




[8]   Parts 2 and 2A
      Omit Part 2. Insert instead:

      Part 2             Rail Corporation New South Wales
      Division 1             Constitution of RailCorp as statutory SOC
         4   Establishment of RailCorp as statutory State owned
             corporation
             (1)      There is constituted by this Act a corporation with the
                      corporate name of Rail Corporation New South Wales.
             (2)      The State Owned Corporations Act 1989 is amended by
                      inserting in Schedule 5, in alphabetical order, the words "Rail
                      Corporation New South Wales".
                      Note. The State Owned Corporations Act 1989 contains many
                      provisions that apply to RailCorp as a statutory State owned corporation.
                      In particular, Part 3 contains provisions relating to their status, the
                      application of the Corporations Act 2001 of the Commonwealth, the
                      issue of shares to the Treasurer and another Minister, the board of
                      directors, the chief executive officer, the employment of staff, the giving
                      of directions by the portfolio Minister (including directions as to the
                      performance of non-commercial activities or the carrying out of
                      public sector policies), the memorandum and articles, tax-equivalent
                      payments, government guarantees, the sale or disposal of assets and
                      legal capacity. Part 4 deals with the accountability of State owned
                      corporations (including annual reports and accounts). Part 5 deals with
                      miscellaneous matters (including the duties and liabilities of directors
                      and the application of public sector legislation).

      Division 2             Objectives of RailCorp
         5   Objectives of RailCorp
             (1)      The principal objectives of RailCorp are:
                      (a) to deliver safe and reliable railway passenger services
                           in New South Wales in an efficient, effective and
                           financially responsible manner, and
                      (b) to ensure that the part of the NSW rail network vested
                           in or owned by RailCorp enables safe and reliable
                           railway passenger and freight services to be provided in
                           an efficient, effective and financially responsible
                           manner.




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Amendment of Transport Administration Act 1988                      Schedule 1




             (2)    The other objectives of RailCorp are as follows:
                    (a) to maintain reasonable priority and certainty of access
                         for railway passenger services,
                    (b) to promote and facilitate access to the part of the NSW
                         rail network vested in or owned by RailCorp,
                    (c) to be a successful business and, to that end:
                          (i) to operate at least as efficiently as any
                                comparable business, and
                         (ii) to maximise the net worth of the State's
                                investment in the Corporation,
                    (d) to exhibit a sense of social responsibility by having
                         regard to the interests of the community in which it
                         operates,
                    (e) where its activities affect the environment, to conduct
                         its operations in compliance with the principles of
                         ecologically sustainable development contained in
                         section 6 (2) of the Protection of the Environment
                         Administration Act 1991,
                    (f) to exhibit a sense of responsibility towards regional
                         development and decentralisation in the way in which it
                         operates.
             (3)    The other objectives of RailCorp are of equal importance, but
                    are not as important as the principal objectives of the
                    corporation.
             (4)    Section 20E of the State Owned Corporations Act 1989 does
                    not apply to RailCorp.

      Division 3           Functions of RailCorp
        6    Railway passenger services
             (1)    RailCorp is to operate railway passenger services.
             (2)    RailCorp is to continue to operate the railway passenger
                    services which were provided by the State Rail Authority
                    immediately before the commencement of this section.
             (3)    Subsection (2) does not limit the power of RailCorp:
                    (a) to establish any new railway passenger service, or
                    (b) to alter or discontinue any of its railway passenger
                         services.


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Schedule 1          Amendment of Transport Administration Act 1988




              (4)      The operation of a railway passenger service by RailCorp is
                       subject to the requirements of the Rail Safety Act 2002.
         7    Rail infrastructure functions
                       RailCorp is to hold, manage, maintain and establish rail
                       infrastructure facilities vested in or owned by it on behalf of
                       the State.
                       Note. Schedules 6A and 6B (see section 98) contain provisions relating
                       to the rights and liabilities of rail infrastructure owners.

         8    Metropolitan rail area access functions
                       RailCorp is to provide persons with access under any current
                       NSW rail access undertaking to the part of the NSW rail
                       network vested in or owned by RailCorp.
                       Note. As a rail infrastructure owner, RailCorp may enter into rail access
                       undertakings in relation to that part of the NSW rail network that is vested
                       in it or that it owns. Section 99C and Schedule 6AA contain general
                       provisions relating to rail access.

         9    Other transport services
                       RailCorp may operate other transport services, including bus
                       services, whether or not in connection with its railway
                       services.
         10   Other functions of RailCorp
              (1)      RailCorp has the functions conferred or imposed on it by or
                       under this or any other Act or law.
              (2)      RailCorp may:
                       (a) provide goods, services or facilities to the rail industry,
                            and
                       (b) without limiting paragraph (a), act as an agent for or
                            provide services to another rail infrastructure owner or
                            rail operator, whether or not the agency or services are
                            for purposes related to its principal functions, and
                       (c) conduct any business (whether or not related to its
                            principal functions) that it considers will further its
                            objectives, and
                       (d) provide services or facilities that are ancillary to or
                            incidental to its principal functions.




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Amendment of Transport Administration Act 1988                          Schedule 1




             (3)    RailCorp may, with the consent of the Minister, act as an
                    agent for a body constituted under this Act (other than the
                    State Transit Authority, the Roads and Traffic Authority or
                    the Independent Transport Safety and Reliability Regulator)
                    without obtaining the consent of that body.
       11    Acquisition of land by RailCorp
             (1)    RailCorp may, for any purposes of RailCorp, acquire land
                    (including an interest in land) by agreement or by compulsory
                    process in accordance with the Land Acquisition (Just Terms
                    Compensation) Act 1991.
             (2)    The other purposes for which land may be acquired under
                    subsection (1) include for the purposes of a future sale, lease
                    or disposal, that is, to enable RailCorp to exercise its functions
                    in relation to land under this Act.
             (3)    For the purposes of the Public Works Act 1912, any such
                    acquisition of land is taken to be an authorised work and
                    RailCorp is, in relation to that authorised work, taken to be the
                    Constructing Authority.
             (4)    RailCorp may not give a proposed acquisition notice under
                    the Land Acquisition (Just Terms Compensation) Act 1991
                    without the approval of the portfolio Minister.
             (5)    Any such acquisition is not void merely because it is
                    expressed to be for the purposes of RailCorp or for the
                    purposes of this Act.
             (6)    Part 3 of the Public Works Act 1912 does not apply in respect
                    of works constructed for the purposes of this section.
       12    Effect of Division
                    This Division does not limit the functions of RailCorp apart
                    from this Division, but is subject to the provisions of the State
                    Owned Corporations Act 1989, this Act and any other Act or
                    law.




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                   Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 1         Amendment of Transport Administration Act 1988




      Division 4             Management of RailCorp
      13     Board of directors of RailCorp
             (1)      The board of directors of RailCorp is to be appointed by the
                      voting shareholders. The voting shareholders are to consult
                      with the portfolio Minister on the persons (other than the chief
                      executive officer) recommended for appointment as directors.
             (2)      The board is to consist of not fewer than 3 and not more than
                      7 directors.
             (3)      The person for the time being holding office as chief
                      executive officer of RailCorp is to be a director of the board.
             (4)      One director of the board is to be a person recommended by a
                      selection committee comprising:
                      (a) 2 persons nominated by the portfolio Minister, and
                      (b) 2 persons nominated by the Labor Council of New
                             South Wales,
                      being a person selected by the committee from a panel of 3
                      persons nominated by the Labor Council.
             (5)      The procedures for constituting a selection committee for the
                      purposes of subsection (4), for making nominations and for
                      determining other matters relating to the selection process are
                      to be determined by the regulations or (subject to the
                      regulations) by the voting shareholders.
             (6)      The other directors of the board (other than the chief
                      executive officer of RailCorp) must each or together have
                      such expertise (including engineering and rail safety
                      expertise) as the voting shareholders, after consultation with
                      the portfolio Minister, consider necessary in order to realise
                      the objectives of RailCorp.
             (7)      Subject to subsection (8), section 20J of and Schedule 8 to the
                      State Owned Corporations Act 1989 have effect with respect
                      to the board of RailCorp and its constitution and procedure.
             (8)      Section 20J (2), (3), (4) and (5) of, and clause 4 of Schedule 8
                      to, the State Owned Corporations Act 1989 do not apply with
                      respect to the board of RailCorp.
             (9)      Clause 7 of Schedule 8 to the State Owned Corporations
                      Act 1989 does not apply with respect to the chief executive
                      officer of RailCorp.


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Amendment of Transport Administration Act 1988                          Schedule 1




       14    Chief executive officer
             (1)    The chief executive officer of RailCorp is to be appointed by
                    the board of RailCorp after consultation with the voting
                    shareholders and the portfolio Minister.
             (2)    The chief executive officer is to hold office for the period (not
                    exceeding 5 years) that is specified in the chief executive
                    officer's instrument of appointment.
             (3)    The board may remove a person from office as chief
                    executive officer, at any time, for any or no reason and
                    without notice, but only after consultation with the voting
                    shareholders and the portfolio Minister.
             (4)    The chief executive officer is entitled to be paid such
                    remuneration (including travelling and subsistence
                    allowances) as the board may determine after consultation
                    with the voting shareholders.
             (5)    The board may, after consultation with the voting
                    shareholders, fix the conditions of employment of the chief
                    executive officer in so far as they are not fixed by or under any
                    other Act or law.
             (6)    The contract of employment of the chief executive officer
                    must include performance criteria for the purpose of reviews
                    of the chief executive officer's performance.
             (7)    The board must require the chief executive officer to enter
                    into a performance agreement and must review the chief
                    executive officer's performance at least annually.
             (8)    The Public Sector Employment and Management Act 2002
                    (Chapter 5 included) does not apply to the chief executive
                    officer.
             (9)    Section 20K (2) and (4) of, and Schedule 9 to, the State
                    Owned Corporations Act 1989 do not apply to or in respect of
                    the chief executive officer.
            (10)    The provisions of this section are in addition to and (except to
                    the extent to which this section provides) do not derogate
                    from the provisions of the State Owned Corporations
                    Act 1989.




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Schedule 1         Amendment of Transport Administration Act 1988




      15     Acting chief executive officer
             (1)      The board of RailCorp may, from time to time, appoint a
                      person to act in the office of chief executive officer during the
                      illness or absence of the chief executive officer of RailCorp.
             (2)      The board may remove a person from office as acting chief
                      executive officer, at any time, for any or no reason and
                      without notice.
             (3)      A person, while acting in the office of chief executive officer:
                      (a) has all the functions of the chief executive officer and is
                            taken to be the chief executive officer, and
                      (b) is entitled to be paid such remuneration (including
                            travelling and subsistence allowances) as the board may
                            determine.
             (4)      For the purposes of this section, a vacancy in the office of
                      chief executive officer is regarded as an absence from office
                      of the chief executive officer.
             (5)      The board is not to appoint a person to act in the office of chief
                      executive officer during any vacancy in that office except
                      after consultation with the voting shareholders and the
                      portfolio Minister.
             (6)      The provisions of this section are in addition to and (except to
                      the extent to which this section provides) do not derogate
                      from the provisions of the State Owned Corporations Act
                      1989.
      16     Ministerial directions
             (1)      The Minister may give the board of RailCorp a written
                      direction in relation to RailCorp's functions if the Minister
                      decides that this action is warranted on grounds involving
                      urgency or public safety.
             (2)      The board of directors and the chief executive officer of
                      RailCorp must ensure that RailCorp complies with any such
                      direction.
             (3)      Section 20P (4)-(6) of the State Owned Corporations
                      Act 1989 apply to a direction given under this section in the
                      same way as they apply to a direction given under that section.
             (4)      If the Minister considers that compliance with a direction
                      under this section may cause a significant variation in the


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Amendment of Transport Administration Act 1988                                   Schedule 1




                    approved financial outcomes of RailCorp, the direction must
                    be given in consultation with the Treasurer.
             (5)    The Minister's power to give directions to RailCorp under
                    this section is in addition to any power of the Minister to give
                    directions under section 20N, 20O or 20P of the State Owned
                    Corporations Act 1989. Except as provided by subsection (3),
                    those sections of that Act do not apply to a direction of the
                    Minister if the direction states that it is being given under this
                    section.

      Division 5           General
       17    Foundation charter of RailCorp
                    For the purposes of the State Owned Corporations Act 1989,
                    the foundation charter of RailCorp is this Part of this Act (but
                    not the remainder of this Act).
                    Note. Section 3 of the State Owned Corporations Act 1989 defines the
                    foundation charter of a statutory SOC as the whole of any Act by which
                    a SOC is established for the purposes of the SOC Act and, in particular,
                    for the purpose of the provisions relating to the legal capacity of statutory
                    SOCs and assumptions that they have complied with that Act and their
                    foundation charter.

     17A     Restrictions relating to shareholdings
             (1)    The portfolio Minister of RailCorp must not be, and is not
                    eligible for nomination as, a shareholder of RailCorp.
                    However, the portfolio Minister may attend meetings of the
                    shareholders of RailCorp.
             (2)    Shares in RailCorp may not be sold or otherwise disposed of
                    except to eligible Ministers.
     17B     Dividends and tax-equivalents
             (1)    Section 20S of the State Owned Corporations Act 1989 does
                    not apply to RailCorp.
             (2)    The Treasurer may, by notice in writing to RailCorp, suspend
                    the obligation of RailCorp, or any subsidiary of RailCorp, to
                    pay amounts under section 20T of the State Owned
                    Corporations Act 1989, either generally or for a specified
                    period.
             (3)    A suspension under subsection (2) may be subject to
                    conditions and may be revoked or varied by the Treasurer.


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Schedule 1         Amendment of Transport Administration Act 1988




     17C     Statement of corporate intent
             (1)      The board of RailCorp must prepare and submit to the voting
                      shareholders and portfolio Minister a draft written statement
                      of corporate intent not later than one month after the
                      commencement of each financial year of the corporation.
             (2)      The statement of corporate intent must include:
                      (a) performance benchmarks for the rail services and rail
                            infrastructure facilities provided by RailCorp, as agreed
                            by the board and the portfolio Minister, and included in
                            a rail performance agreement between the Minister and
                            RailCorp, and
                      (b) financial and any other performance benchmarks, as
                            agreed by the board and the voting shareholders after
                            consultation with the portfolio Minister.
             (3)      The board must consider any comments on the draft statement
                      of corporate intent that are made to it by the voting
                      shareholders or the portfolio Minister within 2 months after
                      the commencement of the financial year of RailCorp.
             (4)      The board must consult in good faith with the voting
                      shareholders and the portfolio Minister following
                      communication to it of the comments, make such changes to
                      the statement:
                      (a) in relation to the performance benchmarks agreed under
                             subsection (2) (a) (the rail performance benchmarks),
                             as are agreed between the board and the portfolio
                             Minister, and
                      (b) in relation to the remainder of the statement, as are
                             agreed between the board and the voting shareholders,
                      and deliver the completed written statement to the voting
                      shareholders and portfolio Minister within 3 months after the
                      commencement of the financial year.
             (5)      The statement may not, before it is laid before both Houses of
                      Parliament, be published or made available to the public
                      without the prior approval of the board and the voting
                      shareholders.
             (6)      The statement, other than the rail performance benchmarks,
                      may be modified at any time by the board with the agreement




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Amendment of Transport Administration Act 1988                         Schedule 1




                    of the voting shareholders after consultation with the portfolio
                    Minister.
             (7)    The rail performance benchmarks may be modified at any
                    time by the board with the agreement of the portfolio Minister
                    after consultation with the Independent Transport Safety and
                    Reliability Regulator.
             (8)    If the board, by written notice to the voting shareholders and
                    the portfolio Minister, proposes a modification of the
                    statement (other than the rail performance benchmarks), the
                    board may, within 14 days, make the modification unless the
                    voting shareholders, by written notice to the board, direct the
                    board not to make it.
             (9)    The voting shareholders may, from time to time, by written
                    notice to the board, direct the board to include in, or omit
                    from, a statement of corporate intent any specified matters,
                    other than matters relating to the rail performance
                    benchmarks.
            (10)    Before giving a direction under this section, the voting
                    shareholders are to consult with the portfolio Minister and the
                    board as to the matters to be referred to in the notice.
            (11)    RailCorp is required to comply with any such direction.
            (12)    At any particular time, the statement of corporate intent for
                    RailCorp is the completed statement, with any modifications
                    or deletions made in accordance with this section or Part 4 of
                    the State Owned Corporations Act 1989.
            (13)    The State Owned Corporations Act 1989 (other than
                    section 21 of that Act) applies to a statement of corporate
                    intent for RailCorp in the same way that it applies to a
                    statement of corporate intent under that Act.




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Schedule 1         Amendment of Transport Administration Act 1988




     17D     Payments to RailCorp
                      All fines and penalties recovered for offences under the
                      regulations under section 91, or under regulations under
                      section 95 of the Rail Safety Act 2002 in connection with
                      railway services operated by RailCorp (but only if
                      proceedings or penalty notices for the offences were instituted
                      or issued by RailCorp or an employee of RailCorp), must be
                      paid to RailCorp.
     17E     Exemption from State taxes
             (1)      State tax is not chargeable in respect of any matter or thing
                      done by RailCorp in the exercise of its functions during the
                      period of 12 months commencing on the commencement of
                      this section.
             (2)      The regulations under this Act may, on the recommendation
                      of the Minister and with the approval of the Treasurer,
                      provide that State tax is not chargeable in respect of any
                      matter or thing, or classes of matters or things, prescribed by
                      the regulations and done by RailCorp in the exercise of its
                      functions after the end of that period.
             (3)      The provisions of this section are in addition to and do not
                      derogate from the provisions of the State Owned
                      Corporations Act 1989.
             (4)      In this section:
                      State tax means duty under the Duties Act 1997 or any other
                      tax, duty, fee or charge imposed by any Act or law of the
                      State, other than pay-roll tax.
     17F     Appeals to Transport Appeal Boards
             (1)      Regulations made under section 20M of the State Owned
                      Corporations Act 1989 with respect to the staff of RailCorp
                      may provide for appeals by members of staff in connection
                      with their employment to a Transport Appeal Board
                      constituted under the Transport Appeal Boards Act 1980.
             (2)      This section does not limit the operation of section 20M of the
                      State Owned Corporations Act 1989.




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Amendment of Transport Administration Act 1988                         Schedule 1




      Part 2A          Transport Infrastructure Development
                       Corporation
      Division 1           Interpretation
       18    Definitions
             (1)    In this Part:
                    develop a railway system or develop a transport project
                    includes:
                    (a) carry out development (within the meaning of the
                          Environmental Planning and Assessment Act 1979) or
                          an activity (within the meaning of Part 5 of that Act) for
                          the purposes of a railway system or other transport
                          project,
                    (b) manage any such development,
                    (c) finance any such development,
                    (d) maintain any such development,
                    (e) facilitate any such development,
                     (f) carry out any function ancillary to any such
                          development.
                    railway means a guided system designed to transport
                    passengers or freight or both (whether or not passengers,
                    freight or both are being transported) on a railway track,
                    together with its infrastructure and associated sidings, and
                    includes a heavy railway, light railway, inclined railway,
                    monorail or tramway.
                    railway system includes a railway, rail infrastructure
                    facilities, stations, platforms, maintenance facilities, depots
                    and any other transport interchanges, works, structures and
                    facilities associated with or incidental to the railway or rail
                    infrastructure facilities.
             (2)    In this Part, a reference to a railway system or other transport
                    project includes a reference to part of a system or part of a
                    project.




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      Division 2             Constitution of Transport Infrastructure
                             Development Corporation as statutory SOC
     18A     Establishment of Transport Infrastructure Development
             Corporation as statutory State owned corporation
             (1)      There is constituted by this Act a corporation with the
                      corporate name of Transport Infrastructure Development
                      Corporation.
             (2)      The State Owned Corporations Act 1989 is amended by
                      inserting in Schedule 5, in alphabetical order, the words
                      "Transport Infrastructure Development Corporation".
                      Note. The State Owned Corporations Act 1989 contains many
                      provisions that apply to Transport Infrastructure Development
                      Corporation as a statutory State owned corporation. In particular, Part 3
                      contains provisions relating to their status, the application of the
                      Corporations Act 2001 of the Commonwealth, the issue of shares to the
                      Treasurer and another Minister, the board of directors, the chief
                      executive officer, the employment of staff, the giving of directions by the
                      portfolio Minister (including directions as to the performance of non-
                      commercial activities or the carrying out of public sector policies), the
                      memorandum and articles, tax-equivalent payments, government
                      guarantees, the sale or disposal of assets and legal capacity. Part 4
                      deals with the accountability of State owned corporations (including
                      annual reports and accounts). Part 5 deals with miscellaneous matters
                      (including the duties and liabilities of directors and the application of
                      public sector legislation).

      Division 3             Objectives of Transport Infrastructure
                             Development Corporation
     18B     Objectives of Transport Infrastructure Development
             Corporation
             (1)      The principal objectives of Transport Infrastructure
                      Development Corporation are:
                      (a) to develop major railway systems, and
                      (b) to develop other major transport projects,
                      in an efficient, effective and financially responsible manner.
             (2)      The other objectives of Transport Infrastructure Development
                      Corporation are as follows:
                      (a) to be a successful business and, to that end:
                            (i) to operate at least as efficiently as any
                                  comparable business, and



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                           (ii)  to maximise the net worth of the State's
                                 investment in the Corporation,
                    (b)    to exhibit a sense of social responsibility by having
                           regard to the interests of the community in which it
                           operates,
                    (c)    where its activities affect the environment, to conduct
                           its operations in compliance with the principles of
                           ecologically sustainable development contained in
                           section 6 (2) of the Protection of the Environment
                           Administration Act 1991,
                    (d)    to exhibit a sense of responsibility towards regional
                           development and decentralisation in the way in which it
                           operates.
             (3)    The other objectives of Transport Infrastructure Development
                    Corporation are of equal importance, but are not as important
                    as the principal objectives of the corporation.
             (4)    Section 20E of the State Owned Corporations Act 1989 does
                    not apply to Transport Infrastructure Development
                    Corporation.

      Division 4           Functions of Transport Infrastructure
                           Development Corporation
     18C     Development of railway systems and other transport projects
                    The principal functions of Transport Infrastructure
                    Development Corporation are:
                    (a) to develop major railway systems, and
                    (b) to develop other major transport projects,
                    including facilitating their development by other persons.
     18D     Other functions of Transport Infrastructure Development
             Corporation
             (1)    Transport Infrastructure Development Corporation has the
                    functions conferred or imposed on it by or under this or any
                    other Act or law.
             (2)    Transport Infrastructure Development Corporation may
                    exercise the following functions:
                    (a) hold, manage, maintain and establish assets associated
                          with major railway systems or other major transport

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                             projects developed or proposed to be developed by
                             Transport Infrastructure Development Corporation,
                      (b)    provide goods and services to the rail industry,
                      (c)    conduct any business (whether or not related to its
                             principal functions) that it considers will further its
                             objectives,
                      (d)    provide facilities or services that are ancillary to or
                             incidental to its principal functions.
     18E     Functions relating to development projects
             (1)      Transport Infrastructure Development Corporation may not
                      undertake the development of a major railway system or other
                      major transport project except with the consent of the
                      portfolio Minister and the voting shareholders of the
                      Corporation.
             (2)      Transport Infrastructure Development Corporation must
                      undertake the development of a major railway system or other
                      major transport project commenced (but not completed)
                      before the commencement of this section if directed to do so
                      by the portfolio Minister with the concurrence of the
                      Treasurer.
             (3)      The portfolio Minister's power to give a direction to
                      Transport Infrastructure Development Corporation under
                      subsection (2) is in addition to any power of the portfolio
                      Minister to give directions under section 20N, 20O or 20P of
                      the State Owned Corporations Act 1989. Those sections of
                      that Act do not apply to a direction of the Minister if the
                      direction states that it is being given under this section.
     18F     Acquisition of land by Transport Infrastructure Development
             Corporation
             (1)      Transport Infrastructure Development Corporation may, for
                      any purposes of the Corporation, acquire land (including an
                      interest in land) by agreement or by compulsory process in
                      accordance with the Land Acquisition (Just Terms
                      Compensation) Act 1991.




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             (2)    The other purposes for which land may be acquired under
                    subsection (1) include for the purposes of a future sale, lease
                    or disposal, that is, to enable Transport Infrastructure
                    Development Corporation to exercise its functions in relation
                    to land under this Act.
             (3)    For the purposes of the Public Works Act 1912, any such
                    acquisition of land is taken to be for an authorised work and
                    Transport Infrastructure Development Corporation is, in
                    relation to that authorised work, taken to be the Constructing
                    Authority.
             (4)    Transport Infrastructure Development Corporation may not
                    give a proposed acquisition notice under the Land Acquisition
                    (Just Terms Compensation) Act 1991 without the approval of
                    the portfolio Minister.
             (5)    Any such acquisition is not void merely because it is
                    expressed to be for the purposes of Transport Infrastructure
                    Development Corporation or for the purposes of this Act.
             (6)    Part 3 of the Public Works Act 1912 does not apply in respect
                    of works constructed for the purposes of this section.
     18G     Effect of Division
                    This Division does not limit the functions of Transport
                    Infrastructure Development Corporation apart from this
                    Division, but is subject to the provisions of the State Owned
                    Corporations Act 1989, this Act and any other Act or law.

      Division 5           Management of Transport Infrastructure
                           Development Corporation
     18H     Board of directors of Transport Infrastructure Development
             Corporation
             (1)    The board of directors of Transport Infrastructure
                    Development Corporation is to be appointed by the voting
                    shareholders. The voting shareholders are to consult with the
                    portfolio Minister on the persons (other than the chief
                    executive officer) recommended for appointment as directors.
             (2)    The board is to consist of not fewer than 3 and not more than
                    7 directors.




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             (3)      The person for the time being holding office as chief
                      executive officer of Transport Infrastructure Development
                      Corporation is to be a director of the board.
             (4)      The person for the time being holding office as chief
                      executive officer of RailCorp is to be a director of the board.
             (5)      The directors of the board (other than the chief executive
                      officers of RailCorp and Transport Infrastructure
                      Development Corporation) must each or together have such
                      expertise (including engineering and rail safety expertise) as
                      the voting shareholders, after consultation with the portfolio
                      Minister, consider necessary in order to realise the objectives
                      of Transport Infrastructure Development Corporation.
             (6)      Subject to subsection (7), section 20J of and Schedule 8 to the
                      State Owned Corporations Act 1989 have effect with respect
                      to the board of Transport Infrastructure Development
                      Corporation and its constitution and procedure.
             (7)      Section 20J (2), (3), (4) and (5) of, and clause 4 of Schedule 8
                      to, the State Owned Corporations Act 1989 do not apply with
                      respect to the board of Transport Infrastructure Development
                      Corporation.
             (8)      Clause 7 of Schedule 8 to the State Owned Corporations Act
                      1989 does not apply with respect to the chief executive officer
                      of RailCorp or the chief executive officer of Transport
                      Infrastructure Development Corporation.
      18I    Chief executive officer
             (1)      The chief executive officer of Transport Infrastructure
                      Development Corporation is to be appointed by the board of
                      the Corporation after consultation with the voting
                      shareholders and the portfolio Minister.
             (2)      The chief executive officer is to hold office for the period (not
                      exceeding 5 years) that is specified in the chief executive
                      officer's instrument of appointment.
             (3)      The board may remove a person from office as chief
                      executive officer, at any time, for any or no reason and
                      without notice, but only after consultation with the voting
                      shareholders and the portfolio Minister.




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             (4)    The chief executive officer is entitled to be paid such
                    remuneration (including travelling and subsistence
                    allowances) as the board may determine after consultation
                    with the voting shareholders.
             (5)    The board may, after consultation with the voting
                    shareholders, fix the conditions of employment of the chief
                    executive officer in so far as they are not fixed by or under any
                    other Act or law.
             (6)    The contract of employment of the chief executive officer
                    must include performance criteria for the purpose of reviews
                    of the chief executive officer's performance.
             (7)    The board must require the chief executive officer to enter
                    into a performance agreement and must review the chief
                    executive officer's performance at least annually.
             (8)    The Public Sector Employment and Management Act 2002
                    (Chapter 5 included) does not apply to the chief executive
                    officer.
             (9)    Section 20K (2) and (4) of, and Schedule 9 to, the State
                    Owned Corporations Act 1989 do not apply to or in respect of
                    the chief executive officer.
            (10)    The provisions of this section are in addition to and (except to
                    the extent to which this section provides) do not derogate
                    from the provisions of the State Owned Corporations Act
                    1989.
     18J     Acting chief executive officer
             (1)    The board of Transport Infrastructure Development
                    Corporation may, from time to time, appoint a person to act in
                    the office of chief executive officer during the illness or
                    absence of the chief executive officer of the Corporation.
             (2)    The board may remove a person from acting as chief
                    executive officer, at any time, for any or no reason and
                    without notice.
             (3)    A person, while acting in the office of chief executive officer:
                    (a) has all the functions of the chief executive officer and is
                          taken to be the chief executive officer, and




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                      (b)    is entitled to be paid such remuneration (including
                             travelling and subsistence allowances) as the board may
                             determine.
             (4)      For the purposes of this section, a vacancy in the office of
                      chief executive officer is regarded as an absence from office
                      of the chief executive officer.
             (5)      The board is not to appoint a person to act in the office of chief
                      executive officer during any vacancy in that office except
                      after consultation with the voting shareholders and the
                      portfolio Minister.
             (6)      The provisions of this section are in addition to and (except to
                      the extent to which this section provides) do not derogate
                      from the provisions of the State Owned Corporations
                      Act 1989.

      Division 6             General
     18K     Foundation charter of Transport Infrastructure Development
             Corporation
                      For the purposes of the State Owned Corporations Act 1989,
                      the foundation charter of Transport Infrastructure
                      Development Corporation is this Part of this Act (but not the
                      remainder of this Act).
                      Note. Section 3 of the State Owned Corporations Act 1989 defines the
                      foundation charter of a statutory SOC as the whole of any Act by which
                      a SOC is established for the purposes of the SOC Act and, in particular,
                      for the purpose of the provisions relating to the legal capacity of statutory
                      SOCs and assumptions that they have complied with that Act and their
                      foundation charter.

     18L     Restrictions relating to shareholdings
             (1)      The portfolio Minister of Transport Infrastructure
                      Development Corporation must not be, and is not eligible for
                      nomination as, a shareholder of the Corporation. However,
                      the portfolio Minister may attend meetings of the
                      shareholders of the Corporation.
             (2)      Shares in Transport Infrastructure Development Corporation
                      may not be sold or otherwise disposed of except to eligible
                      Ministers.




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     18M     Dividends and tax-equivalents
             (1)    Section 20S of the State Owned Corporations Act 1989 does
                    not apply to Transport Infrastructure Development
                    Corporation.
             (2)    The Treasurer may, by notice in writing to Transport
                    Infrastructure Development Corporation, suspend the
                    obligation of Transport Infrastructure Development
                    Corporation, or any subsidiary of Transport Infrastructure
                    Development Corporation, to pay amounts under section 20T
                    of the State Owned Corporations Act 1989, either generally or
                    for a specified period.
             (3)    A suspension under subsection (2) may be subject to
                    conditions and may be revoked or varied by the Treasurer.
     18N     Statement of corporate intent
             (1)    The board of Transport Infrastructure Development
                    Corporation must prepare and submit to the voting
                    shareholders and portfolio Minister a draft written statement
                    of corporate intent not later than one month after the
                    commencement of each financial year of the corporation.
             (2)    The statement of corporate intent must include:
                    (a) performance benchmarks for the rail services and rail
                          infrastructure facilities and other transport development
                          provided by Transport Infrastructure Development
                          Corporation, as agreed by the board and the portfolio
                          Minister, and included in a performance agreement
                          between the Minister and Transport Infrastructure
                          Development Corporation, and
                    (b) financial and any other performance benchmarks, as
                          agreed by the board and the voting shareholders after
                          consultation with the portfolio Minister.
             (3)    The board must consider any comments on the draft statement
                    of corporate intent that are made to it by the voting
                    shareholders or the portfolio Minister within 2 months after
                    the commencement of the financial year of Transport
                    Infrastructure Development Corporation.




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              (4)      The board must consult in good faith with the voting
                       shareholders and the portfolio Minister following
                       communication to it of the comments, make such changes to
                       the statement:
                       (a) in relation to the performance benchmarks agreed under
                              subsection (2) (a) (the development performance
                              benchmarks), as are agreed between the board and the
                              portfolio Minister, and
                       (b) in relation to the remainder of the statement, as are
                              agreed between the board and the voting shareholders,
                       and deliver the completed written statement to the voting
                       shareholders and portfolio Minister within 3 months after the
                       commencement of the financial year.
              (5)      The statement may not, before it is laid before both Houses of
                       Parliament, be published or made available to the public
                       without the prior approval of the board and the voting
                       shareholders.
              (6)      The statement, other than the development performance
                       benchmarks, may be modified at any time by the board with
                       the agreement of the voting shareholders after consultation
                       with the portfolio Minister.
              (7)      The development performance benchmarks may be modified
                       at any time by the board with the agreement of the portfolio
                       Minister after consultation with the Independent Transport
                       Safety and Reliability Regulator.
              (8)      If the board, by written notice to the voting shareholders and
                       the portfolio Minister, proposes a modification of the
                       statement (other than the development performance
                       benchmarks), the board may, within 14 days, make the
                       modification unless the voting shareholders, by written notice
                       to the board, direct the board not to make it.
              (9)      The voting shareholders may, from time to time, by written
                       notice to the board, direct the board to include in, or omit
                       from, a statement of corporate intent any specified matters,
                       other than matters relating to the development performance
                       benchmarks.
             (10)      Before giving a direction under this section, the voting
                       shareholders are to consult with the portfolio Minister and the
                       board as to the matters to be referred to in the notice.


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             (11)    The corporation is required to comply with any such
                     direction.
             (12)    At any particular time, the statement of corporate intent for
                     Transport Infrastructure Development Corporation is the
                     completed statement, with any modifications or deletions
                     made in accordance with this section or Part 4 of the State
                     Owned Corporations Act 1989.
             (13)    The State Owned Corporations Act 1989 (other than section
                     21 of that Act) applies to a statement of corporate intent for
                     Transport Infrastructure Development Corporation in the
                     same way that it applies to a statement of corporate intent
                     under that Act.
       18O    Exemption from State taxes
              (1)    State tax is not chargeable in respect of any matter or thing, or
                     any matter or thing of a class, certified by the portfolio
                     Minister, with the approval of the Treasurer, as being or
                     having been done for the purpose of or a purpose connected
                     with or arising out of the principal functions of Transport
                     Infrastructure Development Corporation.
              (2)    In this section:
                     State tax means duty under the Duties Act 1997 or any other
                     tax, duty, fee or charge imposed by any Act or law of the
                     State, other than pay-roll tax.
 [9]   Part 2B, heading
       Omit the existing heading to Part 2A. Insert instead:

       Part 2B          Rail Infrastructure Corporation
[10]   New Part 2B
       Omit Division 1 and the heading to Division 2.
[11]   Section 19D Objectives of RIC
       Omit "NSW rail network" wherever occurring in section 19D (1) and
       (2) (a).
       Insert instead "part of the NSW rail network vested in or owned by Rail
       Infrastructure Corporation".


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[12]   Section 19D (2) (a)
       Omit "RIC". Insert instead "NSW rail".
[13]   Section 19E Functions of RIC
       Omit section 19E (2) (b). Insert instead:
                   (b) to provide persons with access under the current NSW
                        rail access undertaking to the part of the NSW rail
                        network vested in or owned by Rail Infrastructure
                        Corporation.
[14]   Section 19E (2A), (4A), (4B) and (5)
       Omit the subsections.
[15]   Section 19E (4) (b)
       Omit "objectives, and". Insert instead "objectives.".
[16]   Section 19E (4) (c)
       Omit the paragraph.
[17]   Section 19E (6)
       Omit "NSW rail network" wherever occurring.
       Insert instead "the part of the NSW rail network vested in or owned by
       Rail Infrastructure Corporation".
[18]   Section 19E (7)
       Omit "subsections (4B) and (5A)". Insert instead "subsection (5A)".
[19]   Section 19F
       Omit the section.
[20]   Sections 19FB and 19FC
       Omit the sections.
[21]   New Part 2B, Division 4, heading
       Omit the heading.




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[22]   Sections 19J and 19K
       Omit the sections.
[23]   Section 19L Restriction on sale of shares
       Omit "a Rail Corporation".
       Insert instead "Rail Infrastructure Corporation".
[24]   Section 19M
       Omit the section.
[25]   Section 19N Foundation charter of Rail Infrastructure Corporation
       for purposes of SOC Act
       Omit "a Rail Corporation".
       Insert instead "Rail Infrastructure Corporation".
[26]   Section 19P Portfolio Minister not to be shareholder of Rail
       Infrastructure Corporation
       Omit "a Rail Corporation".
       Insert instead "Rail Infrastructure Corporation".
[27]   Section 19P
       Omit "the Rail Corporation".
       Insert instead "Rail Infrastructure Corporation".
[28]   Section 19R Chief executive officer
       Omit section 19R (1). Insert instead:
              (1)    The chief executive officer of Rail Infrastructure Corporation
                     is to be appointed by the board with the concurrence of the
                     voting shareholders and the Minister.
[29]   Section 19R (2)
       Omit ", in the case of Rail Infrastructure Corporation,".




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[30]   Section 19R (4A)
       Insert after section 19R (4):
              (4A)      The chief executive officer of Rail Infrastructure Corporation
                        may delegate any functions of the chief executive officer to
                        any person of a class approved by the board of the
                        Corporation.
[31]   Section 19S Acting chief executive officer
       Insert "of Rail Infrastructure Corporation" after "chief executive officer"
       where secondly occurring in section 19S (1).
[32]   Section 19S (5) and 19T
       Omit "a Rail Corporation" wherever occurring.
       Insert instead "Rail Infrastructure Corporation".
[33]   Section 19T Dividends
       Omit "Rail Corporation's" from section 19T (1).
       Insert instead "Rail Infrastructure Corporation's".
[34]   Section 19T (4)
       Insert after section 19T (3):
               (4)      Rail Infrastructure Corporation is not required to comply with
                        this section, or section 20S of the State Owned Corporations
                        Act 1989, after 1 July 2004.
[35]   Section 38 Functions of ensuring provision of appropriate
       passenger services
       Omit "the State Rail Authority" from section 38 (3).
       Insert instead "RailCorp".
[36]   Section 38 (3)
       Omit "such Authority".
[37]   Section 42A [as inserted by the Transport Legislation Amendment
       (Safety and Reliability) Act 2003]
       Omit paragraph (a) of the definition of transport authority. Insert instead:
                  (a) RailCorp, or

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[38]   Part 7, Division 1
       Omit the Division.
[39]   Part 8, Division 1
       Omit the Division.
[40]   Section 83
       Omit the section.
[41]   Part 8, Division 5, heading
       Omit "State Rail Authority". Insert instead "RailCorp".
[42]   Section 84 Definitions
       Insert in alphabetical order:
                     Authority means the State Transit Authority or RailCorp.
[43]   Section 85 Orders fixing charges
       Omit "the State Rail Authority" from section 85 (1).
       Insert instead "RailCorp".
[44]   Section 85 (1)
       Omit "the Authority". Insert instead "RailCorp".
[45]   Section 85 (3)
       Omit "The State Rail Authority". Insert instead "RailCorp".
[46]   Section 86 Ministerial supervision of orders fixing charges
       Omit "The State Rail Authority and the State Transit Authority shall"
       from section 86 (1).
       Insert instead "An Authority must".




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[47]   Section 86 (2)
       Omit the subsection. Insert instead:
              (2)      When making an order determining the charges for passenger
                       services, an Authority must have regard to any pricing
                       policies approved by the Minister and notified to the
                       Authority.
[48]   Sections 86 (3) and 88 (5)
       Omit "section 13 or 29" wherever occurring.
       Insert instead "section 29 of this Act or section 20P of the State Owned
       Corporations Act 1989".
[49]   Section 88 Free or subsidised railway, bus or ferry travel
       Omit "the State Rail Authority or the State Transit Authority" from
       section 88 (1).
       Insert instead "an Authority".
[50]   Part 9, Divisions 1-1C
       Omit Division 1 of Part 9. Insert instead:

       Division 1             Definitions
       89     Definitions
                       In this Part:
                       rail authority means RailCorp, Rail Infrastructure
                       Corporation,   Transport    Infrastructure  Development
                       Corporation or any other person or body prescribed by the
                       regulations.
                       railway system has the same meaning as it has in Part 2A.
                       State rail operator means RailCorp or any other person or
                       body prescribed by the regulations.




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      Division 1A          Miscellaneous provisions relating to rail
                           authorities
       90    State rail operators not common carriers
             (1)    A State rail operator is not a common carrier.
             (2)    Subsection (1) does not affect any contract or arrangement for
                    the carriage of passengers or freight between a State rail
                    operator and any other person in which the operator accepts
                    the risk and liability of a common carrier.
       91    Regulations relating to railway and other transport services
             (1)    The regulations may make provision for or with respect to the
                    railway and other transport services operated by a State rail
                    operator.
             (2)    In particular, the regulations may make provision for or with
                    respect to the following matters:
                    (a) the terms and conditions on which:
                           (i) passengers are carried, and
                          (ii) passengers' luggage and freight are collected,
                                 received, kept, carried or delivered,
                    (b) the use of and access to facilities or property owned by
                          or under the control of a State rail operator,
                    (c) the protection and preservation of facilities or property
                          owned by or under the control of a State rail operator,
                    (d) security, safety and order on railways and trains,
                    (e) the sale or other disposal of unclaimed goods and
                          luggage in the possession of a State rail operator and the
                          disposal of the proceeds of any such sale,
                     (f) the standing or parking of vehicles on land vested in a
                          State rail operator.
       92    Limitation of compensation in respect of damage to property
             by fire
                    In any action brought against a rail authority for damages or
                    compensation in respect of loss of or damage or injury to
                    property (whether sustained before or after the
                    commencement of this section) because of fire alleged to have
                    been caused by:


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                      (a)    any act or thing done or omitted to be done by the rail
                             authority in the operation of its railway services or in
                             the exercise of its functions under this Act, or
                      (b)    any person for whose act or omission the rail authority
                             is liable,
                      the maximum sum recoverable is $50,000 or such other
                      amount as may be prescribed by the regulations.
      93     Search of vehicles and luggage on certain railway premises
             (1)      An authorised officer may:
                      (a) stop any vehicle or person on any land that is vested in
                           or under the control of a State rail operator and that is
                           used for the receipt, dispatch or delivery of any luggage
                           or freight, and
                      (b) search any such vehicle or any luggage or other article
                           on that vehicle or in the possession of any such person,
                           and
                      (c) require any such person to produce consignment notes,
                           delivery dockets or other documents relating to the
                           receipt, dispatch, delivery or ownership of any such
                           luggage or article, and
                      (d) seize any such luggage or article that the authorised
                           officer has reasonable grounds for suspecting has been
                           stolen.
             (2)      The power of an authorised officer to search includes the
                      power to open any part of the vehicle or any luggage or other
                      article on the vehicle or in the possession of the person.
             (3)      Any person who:
                      (a) obstructs or hinders an authorised officer when
                           exercising any power under this section, or
                      (b) does not comply with any reasonable requirement made
                           for the purposes of this section by an authorised officer,
                      is guilty of an offence.
                      Maximum penalty: 20 penalty units.




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             (4)    An authorised officer must produce his or her authority if
                    requested to do so by any person required to comply with a
                    requirement made by that officer for the purposes of this
                    section.
             (5)    No personal liability is incurred by an authorised officer for
                    any act done or omitted in good faith under this section.
             (6)    In this section:
                    authorised officer means an officer of a State rail operator, or
                    a person employed in the transit police service, appointed in
                    writing by the chief executive officer of the State rail operator
                    to be an authorised officer.
                    authority means the written instrument by which an
                    authorised officer is appointed.
       94    Transfers of assets, rights and liabilities
             (1)    The Minister may, by order in writing, direct that the assets,
                    rights or liabilities of a specified rail authority, or any
                    subsidiary of a rail authority, that are specified or referred to
                    in the order, be transferred to another rail authority, a
                    subsidiary of a rail authority, a State owned corporation, the
                    Crown or any other person or body acting on behalf of the
                    Crown.
             (2)    The Minister may, by further order under this section, further
                    direct the transfer any assets, rights or liabilities previously
                    transferred under this section.
             (3)    An order under this section may be subject to specified terms
                    and conditions.
             (4)    Schedule 4 applies to the transfer of assets, rights and
                    liabilities under this section.
             (5)    Words and expressions used in this section have the same
                    meanings as they have in Schedule 4.
             (6)    In this section:
                    rail authority includes the State Rail Authority, the Transport
                    Administration Corporation, the Director-General and any
                    other person or body prescribed by the regulations.




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      95     Transfer of staff
                      Schedule 6 has effect.
      96     Person may be a member of one or more boards or CEO of
             more than one authority
                      Nothing in this or any other Act prevents a person from being
                      a member of the board of one or more rail authorities or the
                      chief executive officer of one or more rail authorities.

      Division 1B            Miscellaneous provisions relating to rail
                             infrastructure, rail access and network
                             control
      97     Additional facilities may be treated as rail infrastructure
             facilities
                      The Minister may, by order in writing, direct that specified
                      facilities that are vested in or owned by a rail infrastructure
                      owner are to be treated as rail infrastructure facilities for the
                      purposes of this Act or the regulations.
      98     Powers of rail authorities relating to rail infrastructure facilities
             and land
                      Schedules 6A (Powers relating to rail infrastructure facilities
                      and land) and 6B (Special provisions for underground rail
                      facilities) have effect.
      99     Maintenance of railway lines
                      A rail infrastructure owner is not required to maintain a
                      railway line on which no services are operated.
     99A     Closure and disposal of railway lines
             (1)      A rail infrastructure owner must not, unless authorised by an
                      Act of Parliament, close a railway line.
             (2)      For the purposes of this section, a railway line is closed if the
                      land concerned is sold or otherwise disposed of or the railway
                      tracks and other works concerned are removed.




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             (3)    For the purposes of this section, a railway line is not closed
                    merely because a rail infrastructure owner has entered into a
                    lease or other arrangement in respect of it pursuant to an
                    agreement entered into by the Commonwealth and the State.
     99B     Closure of level-crossings, bridges and other structures
             (1)    A rail infrastructure owner may, with the approval of the
                    Minister, close any level-crossing, bridge or other structure
                    for crossing or passing over or under any railway track if both
                    the level-crossing, bridge or other structure and the railway
                    track are owned by the owner.
             (2)    A rail infrastructure owner must notify the Minister of any
                    proposal by it to close a level-crossing, bridge or other
                    structure for crossing or passing over or under a railway track.
             (3)    A rail infrastructure owner must, before closing any such
                    level-crossing, bridge or other structure:
                    (a) cause a notice of the proposed closure to be published
                          in the Gazette, and
                    (b) notify the Roads and Traffic Authority and the council
                          of the area concerned of the proposed closure.
             (4)    On the closure of any such level-crossing, bridge or other
                    structure, all rights, easements and privileges in relation to
                    that level-crossing, bridge or other structure are extinguished.
     99C     NSW rail access undertakings
             (1)    A rail infrastructure owner may give written undertakings
                    from time to time to the Australian Competition and
                    Consumer Commission, in connection with the provision of
                    access to that part of the NSW rail network vested in or owned
                    by the owner, under section 44ZZA of the Trade Practices
                    Act 1974 of the Commonwealth.
             (2)    Any such undertaking is not to be given, and (once given) is
                    not to be withdrawn or varied, except with the approval of the
                    Minister given with the concurrence of the Premier.
             (3)    Clauses 2, 3 and 4 of Schedule 6AA apply to any such
                    undertaking in the same way as they apply to an access
                    undertaking referred to in clause 1 of that Schedule.
             (4)    In exercising its functions, a rail authority must act in
                    accordance with the current NSW rail access undertaking.


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             (5)      Schedule 6AA (Access undertakings) has effect.
     99D     Network control
             (1)      For the purposes of this section, network control with respect
                      to any part of the NSW rail network is:
                      (a) service planning (namely, the timetabling of rolling
                            stock, including standard working and daily timetables
                            and planning the occupation of railway track for
                            maintenance and other service requirements), and
                      (b) real time control (namely, the actual control of the
                            movement of rolling stock, including train signalling
                            and incident management).
                      Network control includes any aspect of the control of the
                      network that is declared by the regulations to be network
                      control, but does not include anything declared by the
                      regulations not to be network control.
             (2)      The Minister may, by order published in the Gazette,
                      designate a rail authority or any person prescribed by the
                      regulations as the body responsible for network control (or
                      any specified aspect of network control) with respect to any
                      specified part of the NSW rail network.
             (3)      To the extent that responsibility for network control, or any
                      aspect of network control, with respect to any part of the NSW
                      rail network is not covered by an order under this section the
                      rail infrastructure owner in whom that part of the NSW rail
                      network is vested in or who owns that part is responsible for
                      network control or that aspect.
             (4)      The exercise of the functions of a rail authority is subject to
                      an order under this section.
             (5)      A body responsible for network control must:
                      (a) give priority to rail passenger services, and
                      (b) subject to giving priority to those services, promote and
                           facilitate access to the part of the NSW rail network for
                           which it is responsible in accordance with the current
                           NSW rail access undertaking.
             (6)      The Minister may, by order published in the Gazette, amend
                      or revoke an order made under this section.




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       Division 1C          Delegation by Minister
       99E    Delegation by Minister
                     The Minister may delegate to the Director-General or the
                     Chief Executive of the State Transit Authority or the chief
                     executive officer of a rail authority any function of the
                     Minister under this Act, other than this power of delegation.
[51]   Section 107 Definition of "transport authority"
       Omit section 107 (a).
[52]   Section 107 (2)
       Insert at the end of section 107:
              (2)    In sections 111, 113 and 115, a reference to a transport
                     authority includes a reference to RailCorp and Transport
                     Infrastructure Development Corporation.
[53]   Section 112 Personal liability of certain persons
       Omit "the State Rail Authority," from the definition of member of a
       transport authority in section 112 (2).
[54]   Section 112 (2)
       Omit "the State Rail Authority Board and" from the definition of
       transport authority.
[55]   Section 116 Liability of vehicle owner for parking offences on
       Authority's land
       Omit "the State Rail Authority" from the definition of parking offence in
       section 116 (7).
       Insert instead      "RailCorp,     Transport     Infrastructure   Development
       Corporation".
[56]   Section 122 Definitions
       Omit "the SRA" from the definition of rail authority.
       Insert instead "RailCorp, TIDC".




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[57]   Part 9, Division 7
       Insert after Division 6:

       Division 7         State Rail Authority
       128    State Rail Authority
                    Schedule 8 has effect.
[58]   Schedule 1, heading
       Omit "State Rail Authority Board and".
[59]   Schedule 1
       Omit "a Board" wherever occurring. Insert instead "the Board".
[60]   Schedule 1
       Omit "appropriate Chief Executive" wherever occurring.
       Insert instead "Chief Executive".
[61]   Schedule 1, clause 1 Definitions
       Omit the definition of appropriate Chief Executive.
[62]   Schedule 1, clause 1
       Omit "State Rail Authority Board or" from the definition of Board.
[63]   Schedule 1, clause 1
       Insert in alphabetical order:
                    Chief Executive means the Chief Executive of the State
                    Transit Authority.
[64]   Schedule 1, clause 4 Deputies
       Omit "of an Authority" from clause 4 (1).
[65]   Schedule 1, clause 15 Transaction of business outside meetings
       by telephone or other means
       Omit "A Board" wherever occurring in clause 15 (1) and (2).
       Insert instead "The Board".


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[66]   Schedule 2 Provisions relating to Chief Executives
       Omit "the Chief Executive of the State Rail Authority," from the
       definition of Chief Executive in clause 1.
[67]   Schedule 4
       Omit "Sections 19J, 19K and 19AH". Insert instead "Section 94".
[68]   Schedule 4, clause 1 Definitions
       Omit the definitions of Rail Access Corporation, Rail Corporation, Rail
       Services Australia and RSA.
[69]   Schedule 4, clause 1
       Insert in alphabetical order:
                     rail authority has the same meaning as it has in section 94.
[70]   Schedule 4, clause 2 Application and interpretation
       Omit clause 2 (1) (a)-(c). Insert instead:
                   (a) an order under section 94 transferring assets, rights or
                         liabilities of a rail authority to another rail authority or
                         a subsidiary of a rail authority, a State owned
                         corporation, the Crown or a person or body acting on
                         behalf of the Crown,
[71]   Schedule 4, clause 8 Transfer of interest in land
       Omit clause 8 (1). Insert instead:
              (1)    An order to which this Schedule applies may transfer an
                     interest in respect of land vested in the transferor without
                     transferring the whole of the interests of the transferor in that
                     land.
[72]   Schedule 6 Transfer of certain staff
       Omit "Sections 19M and 58A". Insert instead "Section 95".
[73]   Schedule 6, clause 1 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Omit "the State Rail Authority" from the definition of former RIC staff.
       Insert instead "another transport authority".


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[74]   Schedule 6, clause 1
       Insert in alphabetical order:
                       former Railcorp staff means the members of staff of
                       RailCorp who, after the commencement of clause 11C or
                       11D, are transferred to the SRA or RIC by an order made
                       under this Schedule.
                       former TIDC staff means the members of staff of TIDC who,
                       after the commencement of clause 11C or 11D, are transferred
                       to the SRA or RIC by an order made under this Schedule.
[75]   Schedule 6, clause 1 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Omit "the Rail Infrastructure Corporation" from paragraph (b) of the
       definition of former SRA staff.
       Insert instead "another transport authority".
[76]   Schedule 6, clause 1 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Omit "or Rail Infrastructure Corporation" from the definition of transport
       authority.
       Insert instead ", Rail Infrastructure Corporation, RailCorp or Transport
       Infrastructure Development Corporation".
[77]   Schedule 6, clause 1A Transport Appeal Boards Act 1980 not to
       apply to RIC or TIDC
       Omit "a Rail Corporation".
       Insert instead "Rail Infrastructure Corporation or Transport Infrastructure
       Development Corporation".
[78]   Schedule 6, clause 4 Preservation of SRA enterprise agreements
       Insert after clause 4 (2):
              (3)      This clause does not apply to or in respect of staff transferred
                       under Part 3.




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[79]   Schedule 6, clauses 11A-11D
       Insert after clause 11:
       11A    Transfer of SRA staff and RIC staff to RailCorp
              (1)    The Minister may, by order in writing, provide that such SRA
                     staff as are specified or described in the order are transferred
                     to RailCorp.
              (2)    The Minister may, by order in writing, provide that such RIC
                     staff as are specified or described in the order are transferred
                     to RailCorp.
              (3)    A person who is the subject of an order under this clause is
                     taken for all purposes as having become an employee of
                     RailCorp, in accordance with the terms of the order, on the
                     day specified in the order.
       11B    Transfer of SRA staff and RIC staff to Transport Infrastructure
              Development Corporation
              (1)    The Minister may, by order in writing, provide that such SRA
                     staff as are specified or described in the order are transferred
                     to Transport Infrastructure Development Corporation.
              (2)    The Minister may, by order in writing, provide that such RIC
                     staff as are specified or described in the order are transferred
                     to Transport Infrastructure Development Corporation.
              (3)    A person who is the subject of an order under this clause is
                     taken for all purposes as having become an employee of
                     Transport Infrastructure Development Corporation, in
                     accordance with the terms of the order, on the day specified in
                     the order.
       11C    Transfer of RailCorp and TIDC staff to SRA
              (1)    The Minister may, by order in writing, provide that such
                     RailCorp staff as are specified or described in the order are
                     transferred to the SRA.
              (2)    The Minister may, by order in writing, provide that such
                     Transport Infrastructure Development Corporation staff as
                     are specified or described in the order are transferred to the
                     SRA.




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              (3)      A person who is the subject of an order under this clause is
                       taken for all purposes as having become an employee of the
                       SRA, in accordance with the terms of the order, on the day
                       specified in the order.
       11D    Transfer of RailCorp and TIDC staff to RIC
              (1)      The Minister may, by order in writing, provide that such
                       RailCorp staff as are specified or described in the order are
                       transferred to RIC.
              (2)      The Minister may, by order in writing, provide that such
                       Transport Infrastructure Development Corporation staff as
                       are specified or described in the order are transferred to RIC.
              (3)      A person who is the subject of an order under this clause is
                       taken for all purposes as having become an employee of RIC,
                       in accordance with the terms of the order, on the day specified
                       in the order.
[80]   Schedule 6, clause 13 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Insert "former RailCorp staff, former TIDC staff," after "former RIC
       staff," wherever occurring.
[81]   Schedule 6, clause 14 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Insert ", RailCorp or TIDC" after "RIC" wherever occurring.
[82]   Schedule 6, clause 15 [as amended by the Transport Legislation
       Amendment (Safety and Reliability) Act 2003]
       Insert "RailCorp, TIDC," after "SRA," in clause 15 (2).
[83]   Schedule 6, clause 17 Applications for transfer by former SRA,
       RIC, RailCorp or TIDC staff
       Omit "or the RIC" from clause 17 (3).
       Insert instead ", the RIC, RailCorp or TIDC".




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[84]   Schedule 6, clause 18
       Insert after clause 17:
        18    Personal information about employees
                     The SRA is not required to comply with the Privacy and
                     Personal Information Protection Act 1998 in respect of the
                     disclosure of information about employees, transferred or
                     proposed to be transferred under this Schedule, to the new or
                     proposed employer of those employees.
[85]   Schedule 6A, heading
       Omit "of RIC".
[86]   Schedule 6A, clause 1 Definitions
       Omit the clause. Insert instead:
         1    Definitions
                     In this Schedule:
                     operator means a rail operator and includes the State Rail
                     Authority.
                     operator building means a building owned by, vested in or
                     under the control of a railway operator but does not include
                     any building of which the operator is the lessor.
                     operator land means land owned by, vested in or under the
                     control of a rail operator but does not include any land of
                     which the operator is the lessor.
                     owner means a rail infrastructure owner.
[87]   Schedule 6A, clauses 2-2E
       Omit clause 2. Insert instead:
         2    Ownership of country rail infrastructure facilities
              (1)    This clause applies to rail infrastructure facilities situated in
                     the country rail area.
              (2)    RIC is the owner of all rail infrastructure facilities installed in
                     or on land, in or on rivers and other waterways and in or on
                     the beds of rivers and waterways by RIC and of all rail


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                      infrastructure facilities vested in or transferred to RIC
                      (whether or not the place on which the facilities are situated is
                      owned by RIC).
             (3)      This clause is subject to any interest of Transport
                      Infrastructure Development Corporation in rail infrastructure
                      facilities.
      2A     Ownership of rail infrastructure facilities in metropolitan rail
             area
             (1)      This clause applies to rail infrastructure facilities situated in
                      the metropolitan rail area.
             (2)      RailCorp is the owner of all rail infrastructure facilities
                      installed in or on land, in or on rivers and other waterways and
                      in or on the beds of rivers and waterways by RailCorp and of
                      all rail infrastructure facilities vested in or transferred to
                      RailCorp (whether or not the place on which the facilities are
                      situated is owned by RailCorp).
             (3)      This clause is subject to any interest of Transport
                      Infrastructure Development Corporation in rail infrastructure
                      facilities.
      2B     Provisions relating to vesting of rail infrastructure facilities in
             RailCorp
             (1)      On the commencement of this clause (the transfer day), the
                      rail infrastructure facilities (and any associated assets, rights
                      and liabilities) situated in the metropolitan rail area and vested
                      in or owned by RIC immediately before the transfer day (the
                      metropolitan rail infrastructure facilities) are vested in
                      RailCorp.
             (2)      On the transfer day, the following provisions have effect:
                      (a) all proceedings relating to the metropolitan rail
                           infrastructure facilities commenced before the transfer
                           day by or against Rail Infrastructure Corporation or a
                           predecessor of Rail Infrastructure Corporation and
                           pending immediately before the transfer day are taken
                           to be proceedings pending by or against RailCorp,
                      (b) any act, matter or thing done or omitted to be done in
                           relation to the metropolitan rail infrastructure facilities
                           before the transfer day by, to or in respect of Rail
                           Infrastructure Corporation is (to the extent that that act,


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                           matter or thing has any force or effect) taken to have
                           been done or omitted by, to or in respect of RailCorp,
                    (c)    a reference in any Act, in any instrument made under
                           any Act or in any document of any kind to Rail
                           Infrastructure Corporation is, to the extent that it relates
                           to the metropolitan rail infrastructure facilities, but
                           subject to the regulations, to be read as or including a
                           reference to RailCorp.
             (3)    The Minister may, by order in writing, declare that a specified
                    right, asset or liability is not vested in RailCorp by the
                    operation of this clause.
             (4)    The operation of clauses 2, 2A and this clause is not to be
                    regarded:
                    (a) as a breach of contract or confidence or otherwise as a
                          civil wrong, or
                    (b) as a breach of any contractual provision prohibiting,
                          restricting or regulating the assignment or transfer of
                          the metropolitan rail infrastructure facilities, or
                    (c) as giving rise to any remedy by a party to an instrument,
                          or as causing or permitting the termination of any
                          instrument, because of a change in the beneficial or
                          legal ownership of the metropolitan rail infrastructure
                          facilities.
             (5)    Words and expressions used in this clause have the same
                    meanings as they have in Schedule 4.
      2C     Changes in ownership of rail infrastructure facilities arising
             from changes to areas
             (1)    If, as a result of a replacement or an alteration of the
                    metropolitan rail area map under section 3A, rail
                    infrastructure facilities are transferred from the metropolitan
                    rail area to the country rail area or from the country rail area
                    to the metropolitan rail area:
                    (a) the rail infrastructure facilities (and any associated
                           assets, rights and liabilities) vest in the owner of rail
                           infrastructure facilities in the area to which the rail
                           infrastructure facilities are transferred (the new owner)
                           on the day the notice is published in the Gazette under
                           that section, or on such later day as may be specified in
                           the notice (the transfer day), and


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                      (b)    all proceedings relating to the rail infrastructure
                             facilities (and any associated assets, rights and
                             liabilities) commenced before the transfer day by or
                             against the original owner or a predecessor of the
                             original owner and pending immediately before the
                             transfer day are taken to be proceedings pending by or
                             against the new owner, and
                      (c)    any act, matter or thing done or omitted to be done in
                             relation to the rail infrastructure facilities (and any
                             associated assets, rights and liabilities) before the
                             transfer day by, to or in respect of the original owner is
                             (to the extent that act, matter or thing has any force or
                             effect) taken to have been done or omitted by, to or in
                             respect of the new owner, and
                      (d)    a reference in any Act, in any instrument made under
                             any Act or in any instrument of any kind to the original
                             owner is (to the extent that it relates to the rail
                             infrastructure facilities), but subject to the regulations,
                             to be read as or including a reference to the new owner.
             (2)      The Minister may, by order in writing, declare that a specified
                      right, asset or liability is not vested in the new owner by the
                      operation of this clause.
             (3)      The operation of section 3A (2) and this clause is not to be
                      regarded:
                      (a) as a breach of contract or confidence or otherwise as a
                            civil wrong, or
                      (b) as a breach of any contractual provision prohibiting,
                            restricting or regulating the assignment or transfer of
                            the rail infrastructure facilities, or
                      (c) as giving rise to any remedy by a party to an instrument,
                            or as causing or permitting the termination of any rights
                            or liabilities of the original owner.
      2D     General powers
                      An owner may, subject to this Act, the current NSW rail
                      access undertaking and the State Owned Corporations
                      Act 1989, sell or otherwise deal with rail infrastructure
                      facilities that it owns.




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        2E    Powers relating to operator land and buildings
                     An owner may, subject to this Act, inspect, operate, repair,
                     replace, maintain, remove, extend, expand, alter, connect,
                     disconnect, improve or do any other thing that is necessary or
                     appropriate to any of its rail infrastructure facilities that are
                     situated on operator land or on or in an operator building to
                     ensure that, in the opinion of the owner, the rail infrastructure
                     facilities are established, held and managed in an efficient,
                     safe and reliable manner.
[88]   Schedule 6A, clause 3 Entry on to land
       Omit "RIC" where firstly occurring in clause 3 (1) and where occurring in
       clause 3 (4).
       Insert instead "An owner".
[89]   Schedule 6A, clause 3 (1)
       Omit "SRA land or a SRA building".
       Insert instead "operator land or an operator building, or land adjacent to
       railway land,".
[90]   Schedule 6A, clause 3 (1) (a), (b) and (c), (3) and (5)
       Omit "RIC" wherever occurring. Insert instead "the owner".
[91]   Schedule 6A, clause 3 (1) (b)
       Omit "RIC's". Insert instead "the owner's".
[92]   Schedule 6A, clause 3 (2)
       Omit "SRA land". Insert instead "operator land".
[93]   Schedule 6A, clause 3 (2)
       Omit "RIC". Insert instead "the owner with the operator's consent".
[94]   Schedule 6A, clause 3 (3)
       Omit "SRA land and SRA buildings".
       Insert instead "operator land and operator buildings".




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 [95]   Schedule 6A, clause 3 (4)
        Omit "SRA land or SRA building" wherever occurring.
        Insert instead "operator land or operator building".
 [96]   Schedule 6A, clause 3 (4)
        Insert ", rubbish and unused excavated material" after "construction
        equipment".
 [97]   Schedule 6A, clause 3 (5)
        Omit "SRA land or a SRA building".
        Insert instead "operator land or an operator building".
 [98]   Schedule 6A, clause 3 (6)
        Insert after clause 3 (5):
               (6)      In this clause:
                        land adjacent to railway land means land that is adjacent to
                        or adjoins land owned or occupied by a rail operator, or land
                        in or on which rail infrastructure facilities are situated in
                        which an owner has an interest by way of easements or
                        stratum parcel.
 [99]   Schedule 6A, clause 4 Certificates of authority
        Omit "RIC" where firstly occurring in clause 4 (1).
        Insert instead "An owner".
[100]   Schedule 6A, clause 4 (1)
        Omit "RIC" where secondly occurring.
        Insert instead "the owner".
[101]   Schedule 6A, clause 5 Party to access agreement with owner
        authorised to enter operator land
        Omit "SRA land" wherever occurring. Insert instead "operator land".
[102]   Schedule 6A, clause 5 (3)
        Omit "RIC" where firstly occurring. Insert instead "the owner".


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[103]   Schedule 6A, clause 5 (3)
        Omit "RIC access undertaking".
        Insert instead "NSW rail access undertaking".
[104]   Schedule 6A, clause 6 Exercise of powers of entry
        Omit "SRA" where firstly, secondly, thirdly, fifthly and sixthly occurring.
        Insert instead "operator".
[105]   Schedule 6A, clause 6 (1)
        Omit "RIC" where firstly occurring. Insert instead "an owner".
[106]   Schedule 6A, clause 6 (1) (b)
        Omit "RIC" wherever occurring. Insert instead "the owner".
[107]   Schedule 6A, clause 6 (1) (b)
        Omit "SRA". Insert instead "the operator".
[108]   Schedule 6A, clause 6 (3)
        Omit "RIC". Insert instead "an owner".
[109]   Schedule 6A, clause 6 (4)
        Insert after clause 6 (3):
               (4)    This clause does not apply if the owner and the operator are
                      the same person.
[110]   Schedule 6A, clause 7 Compensation
        Omit "RIC" from clause 7 (1) and where firstly occurring in clause 7 (2)
        and (7).
        Insert instead "An owner".
[111]   Schedule 6A, clause 7 (2), (3), (5), (6), (7), (8)
        Omit "the SRA" where firstly occurring.
        Insert instead "an operator".




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[112]   Schedule 6A, clause 7 (2)
        Omit "SRA" where secondly, thirdly and fifthly occurring.
        Insert instead "operator".
[113]   Schedule 6A, clause 7 (2)
        Omit "RIC" where secondly and thirdly occurring.
        Insert instead "the owner".
[114]   Schedule 6A, clause 7 (2)
        Omit "a SRA building". Insert instead "an operator building".
[115]   Schedule 6A, clause 7 (3)
        Omit "RIC" where firstly occurring. Insert instead "an owner".
[116]   Schedule 6A, clause 7 (3)
        Omit "RIC" where secondly and thirdly occurring.
        Insert instead "the owner".
[117]   Schedule 6A, clause 7 (5), (6) and (8)
        Omit "RIC" wherever occurring.
        Insert instead "an owner".
[118]   Schedule 6A, clause 7 (5)
        Omit "a SRA building". Insert instead "an operator building".
[119]   Schedule 6A, clause 7 (5)
        Omit "SRA" where thirdly occurring.
        Insert instead "operator".
[120]   Schedule 6A, clause 7 (7)
        Omit "the SRA" where secondly and thirdly occurring.
        Insert instead "an operator".




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[121]   Schedule 6A, clause 7 (7)
        Omit "RIC" where secondly occurring.
        Insert instead "an owner".
[122]   Schedule 6A, clause 7 (8)
        Omit "SRA land or a SRA building".
        Insert instead "operator land or an operator building".
[123]   Schedule 6A, clause 7 (9)
        Insert after clause 7 (8):
               (9)    This clause does not apply if the owner and the operator are
                      the same person.
[124]   Schedule 6A, clause 8 Protection of rail infrastructure facilities
        Omit "SRA land (or any SRA land on which a SRA building" from
        clause 8 (1).
        Insert instead "operator land (or any operator land on which an operator
        building".
[125]   Schedule 6A, clause 8 (1)
        Omit "RIC" where firstly occurring. Insert instead "an owner".
[126]   Schedule 6A, clause 8 (1)
        Omit "RIC" wherever occurring (except where firstly occurring).
        Insert instead "the owner".
[127]   Schedule 6A, clause 8 (1)
        Omit "the SRA" wherever occurring. Insert instead "the operator".
[128]   Schedule 6A, clause 8 (1) (d) and (e)
        Omit "RIC's" wherever occurring. Insert instead "the owner's".
[129]   Schedule 6A, clause 8 (1) (d)
        Omit "SRA land". Insert instead "operator land".



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[130]   Schedule 6A, clause 8 (1) (e)
        Omit "SRA land or SRA buildings".
        Insert instead "operator land or operator buildings".
[131]   Schedule 6A, clause 8 (3)
        Omit "the SRA" where firstly occurring. Insert instead "an owner".
[132]   Schedule 6A, clause 8 (3)
        Omit "SRA in relation to SRA land and buildings".
        Insert instead "operator in relation to the operator's land and buildings".
[133]   Schedule 6A, clause 8 (4)
        Omit "RIC". Insert instead "an owner".
[134]   Schedule 6A, clause 8 (4)
        Omit "SRA" wherever occurring. Insert instead "operator".
[135]   Schedule 6A, clause 8 (5)
        Omit "RIC that are situated in or on SRA land or a SRA building"
        wherever occurring.
        Insert instead "an owner that are situated in or on operator land or an
        operator building".
[136]   Schedule 6A, clause 8 (5) (b)
        Omit "RIC's". Insert instead "the owner's".
[137]   Schedule 6A, clause 8 (5) (b) and (6)
        Omit "RIC" where secondly occurring in clause 8 (5) (b) and where
        occurring in clause 8 (6).
        Insert instead "the owner"
[138]   Schedule 6A, clause 8 (7)
        Omit "RIC in writing, the Corporation".
        Insert instead "the owner in writing, the owner".



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[139]   Schedule 6A, clause 8 (8)
        Insert after clause 8 (7):
               (8)    This clause does not apply if the owner and the operator are
                      the same person.
[140]   Schedule 6A, clause 9 Compensation to owners for damage
        Omit "RIC" where firstly occurring in clause 9 (1).
        Insert instead "an owner".
[141]   Schedule 6A, clause 9 (1)
        Omit "RIC" where secondly, thirdly and fourthly occurring.
        Insert instead "the owner".
[142]   Schedule 6A, clause 9 (2) and (4)
        Omit "RIC" where occurring in clause 9 (2) and where firstly occurring in
        clause 9 (4).
        Insert instead "An owner".
[143]   Schedule 6A, clause 9 (4)
        Omit "RIC" where secondly occurring. Insert instead "the owner".
[144]   Schedule 6A, clause 10 Owners have certain rights under operator
        agreements relating to works and facilities on operator land
        Omit "the SRA" where firstly and secondly occurring in clause 10 (1).
        Insert instead "an operator".
[145]   Schedule 6A, clause 10 (1)
        Omit "this Schedule".
        Insert instead "Schedule 1 [145] to the Transport Administration
        Amendment (Rail Agencies) Act 2003".
[146]   Schedule 6A, clause 10 (1)
        Omit "SRA land or in an SRA building".
        Insert instead "operator land or in an operator building".


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[147]   Schedule 6A, clause 10 (1)
        Omit "the SRA" where fifthly and sixthly occurring.
        Insert instead "the owner".
[148]   Schedule 6A, clause 10 (2)
        Omit "RIC" where firstly occurring. Insert instead "An owner".
[149]   Schedule 6A, clause 10 (2)
        Omit "the SRA" where firstly occurring. Insert instead "an operator".
[150]   Schedule 6A, clause 10 (2)
        Omit "RIC" where secondly and thirdly occurring.
        Insert instead "the owner".
[151]   Schedule 6A, clause 10 (2)
        Omit "the SRA" where secondly occurring. Insert instead "the operator".
[152]   Schedule 6A, clause 10 (5)
        Omit the subclause. Insert instead:
               (5)      In this clause, operator land or operator building includes
                        any land or building of which the operator is the lessor.
[153]   Schedule 6A, clause 11 Connections to NSW rail network
        Omit "RIC" from clause 11 (1) (a). Insert instead "the owner concerned".
[154]   Schedule 6A, clause 11 (1)
        Omit "SRA" wherever occurring. Insert instead "operator".
[155]   Schedule 6A, clause 11 (2) and (4)
        Omit "RIC" where firstly occurring. Insert instead "An owner".
[156]   Schedule 6A, clause 11 (2)
        Omit "RIC" where secondly, thirdly and fourthly occurring.
        Insert instead "the owner".




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[157]   Schedule 6A, clause 11 (3)
        Omit "The SRA". Insert instead "An operator".
[158]   Schedule 6A, clause 11 (3)
        Omit "SRA" where secondly, thirdly and fourthly occurring.
        Insert instead "operator".
[159]   Schedule 6A, clause 11 (4)
        Omit "the SRA". Insert instead "an operator".
[160]   Schedule 6A, clause 12 Settlement of disputes
        Omit "RIC and the SRA" where firstly occurring in clause 12 (1).
        Insert instead "an owner and an operator".
[161]   Schedule 6A, clause 12 (1)
        Omit "RIC and the SRA" where secondly occurring.
        Insert instead "the owner and the operator".
[162]   Schedule 6A, clause 12 (2)
        Omit "RIC and the SRA".
        Insert instead "the owner and operator".
[163]   Schedule 6A, clause 12 (4)
        Omit "SRA" wherever occurring. Insert instead "operator".
[164]   Schedule 6A, clause 12 (4) (b)
        Omit "RIC" wherever occurring. Insert instead "the owner".
[165]   Schedule 6A, clause 12 (6)
        Omit "RIC and the SRA" where firstly occurring.
        Insert instead "An owner and operator".




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[166]   Schedule 6A, clause 12 (6)
        Omit "RIC and the SRA" where secondly occurring.
        Insert instead "the owner and operator".
[167]   Schedule 6A, clause 14 Council approval not required for work on
        new or existing rail infrastructure facilities
        Omit "RIC" wherever occurring in clause 14 (1).
        Insert instead "an owner".
[168]   Schedule 6A, clause 14 (3)
        Omit "RIC" wherever occurring. Insert instead "the owner".
[169]   Schedule 6A, clause 15 Regulations concerning land and rail
        infrastructure facilities
        Omit "the SRA and RIC" from clause 15 (a).
        Insert instead "an operator and an owner".
[170]   Schedule 6A, clause 15 (a)
        Omit "SRA" where secondly, thirdly and fourthly occurring.
        Insert instead "operator".
[171]   Schedule 6A, clause 15 (a)
        Omit "RIC" where secondly occurring. Insert instead "the owner".
[172]   Schedule 6A, clause 15 (b)
        Omit "RIC". Insert instead "an owner".
[173]   Schedule 6A, clause 16
        Insert after clause 15:
        16     Powers of entry under other Acts onto owner or operator land
               (1)      This clause applies to an officer of a public or local authority
                        who is entitled, under any other Act or law, to enter operator
                        or owner land or an operator or owner building.




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               (2)    Despite the operation of any other Act or law, the operator or
                      owner may refuse entry to the land or building, or grant entry
                      subject to conditions, if of the opinion that it is necessary to
                      do so in the interests of public safety or the safety of the
                      officer or other persons.
               (3)    The Director-General may direct that entry be granted,
                      despite any decision of an owner or operator under this clause.
               (4)    This clause does not apply to or in respect of a police officer
                      investigating an offence or otherwise acting in the course of
                      his or her duties or an officer of the Independent Transport
                      Safety and Reliability Regulator.
[174]   Schedule 6AA, heading
        Omit "RIC access".
        Insert instead "Access".
[175]   Schedule 6AA
        Omit "19FC". Insert instead "99C (5)".
[176]   Schedule 6AA, clause 1 Preparation of access undertaking
        Omit "Rail Infrastructure Corporation" from subclause (1).
        Insert instead "A rail infrastructure owner".
[177]   Schedule 6AA, clauses 1, 3 (1) and 7
        Omit "the NSW rail network" wherever occurring.
        Insert instead "the part of the NSW rail network that is vested in or owned
        by the rail infrastructure owner".
[178]   Schedule 6AA, clauses 1 (2) and 7
        Omit "Rail Infrastructure Corporation" wherever occurring.
        Insert instead "a rail infrastructure owner".
[179]   Schedule 6AA, clauses 3 (1) (b) and 6 (2)
        Omit "Rail Infrastructure Corporation" wherever occurring.
        Insert instead "the rail infrastructure owner".



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[180]   Schedule 6AA, clause 5 Access undertaking to be submitted for
        Minister's approval
        Omit "Rail Infrastructure Corporation's" from clause 5 (1) (b).
        Insert instead "the rail infrastructure owner's".
[181]   Schedule 6B Special provisions for underground rail facilities
        Omit "the SRA" from the definition of rail authority in clause 1 (1).
        Insert instead "RailCorp, TIDC".
[182]   Schedule 6B, clause 1 Interpretation
        Omit the definition of rail infrastructure facilities from clause 1 (1).
[183]   Schedule 7 Savings, transitional and other provisions
        Insert at the end of clause 2 (1):
                     Transport Administration Amendment (Rail Agencies)
                     Act 2003
[184]   Schedule 7
        Insert in appropriate order with appropriate Part and clause numbers:

        Part            Provisions consequent on enactment of
                        Transport Administration Amendment
                        (Rail Agencies) Act 2003
               Definition
                     In this Part:
                     the amending Act means the Transport Administration
                     Amendment (Rail Agencies) Act 2003.
               RailCorp may act as agent of other rail authorities
                     For the purposes of giving effect to a transfer of assets, rights
                     or liabilities to RailCorp under this Act (as amended by the
                     amending Act), or the vesting of rail infrastructure facilities in
                     RailCorp under this Act (as amended by the amending Act),
                     RailCorp may act as the agent of the SRA or RIC.



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             Rail authorities may enter into arrangements for joint facilities
             and other matters
             (1)    For the purposes of giving effect to the amending Act, a rail
                    authority may make and enter into contracts, leases, licences
                    or other arrangements with another rail authority or any other
                    person with respect to the provision of services or the supply
                    of goods jointly to both rail authorities or to one of the
                    authorities.
             (2)    Any such contract, lease, licence or other arrangement may
                    apply to the provision of services or the supply of goods by
                    either of the authorities or by any other person.
             (3)    Any such contract, lease, licence or other arrangement may be
                    entered into, and has effect, despite any requirement for
                    consent under any other contract, lease, licence or
                    arrangement between a rail authority and any other person.
             (4)    The operation of this clause is not to be regarded:
                    (a) as a breach of a contract or confidence or otherwise as
                         a civil wrong, or
                    (b) as a breach of any contractual provision prohibiting,
                         restricting or regulating the assignment of assets, rights
                         or liabilities, or
                    (c) as giving rise to any remedy by a party to an instrument,
                         or as causing or permitting the termination of any
                         instrument.
             (5)    Nothing in this clause limits any other power of a rail
                    authority to enter into any contract, lease, licence or other
                    arrangement with another rail authority or any other person.
             (6)    In this clause:
                    rail authority means the State Rail Authority, RailCorp, Rail
                    Infrastructure Corporation or Transport Infrastructure
                    Development Corporation.
             Rights of staff who join RailCorp or Transport Infrastructure
             Development Corporation
             (1)    This clause applies to an employee of the SRA or Rail
                    Infrastructure Corporation who changes (other than by
                    transfer under Schedule 6) from that employment to




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                      employment with RailCorp or Transport Infrastructure
                      Development Corporation within 2 years of the
                      commencement of this clause.
             (2)      Clauses 13 and 14 of Schedule 6 apply to an employee in the
                      same way as they apply to an employee transferred to
                      RailCorp or Transport Infrastructure Development
                      Corporation under that Schedule.
             (3)      The SRA is not required to comply with the Privacy and
                      Personal Information Protection Act 1998 in respect of the
                      disclosure of information about employees referred to in
                      subclause (1) to the new or proposed employer of those
                      employees.
             Rail access
             (1)      A rail access agreement entered into by Rail Infrastructure
                      Corporation, and in force immediately before the
                      commencement of this clause:
                      (a) continues in force, and
                      (b) to the extent that it relates to rail infrastructure facilities
                            vested in RailCorp by the amending Act, is taken to
                            have been entered into by RailCorp.
             (2)      For the purposes of any such agreement, RailCorp may act as
                      the agent of Rail Infrastructure Corporation under the
                      agreement and may exercise any of the functions of Rail
                      Infrastructure Corporation under that agreement.
             (3)      Nothing in this clause prevents the variation, termination or
                      replacement of a rail access agreement continued by this
                      clause.
             (4)      In this clause, rail access agreement means an agreement
                      entered into by Rail Infrastructure Corporation pursuant to the
                      NSW Rail Access Regime or the RIC access undertaking, that
                      permits a person to operate rolling stock on the NSW rail
                      network.
             Orders fixing train fares and travel terms and conditions
                      An order made by the State Rail Authority under section 85,
                      and in force immediately before the commencement of this
                      clause, is taken to have been made by RailCorp under that
                      section and that section applies accordingly.


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             Saving of existing free or concessional travel arrangements
                    Any free or concessional travel pass issued by the State Rail
                    Authority under section 88 before the commencement of this
                    clause, and in force immediately before the commencement
                    of this clause, is taken to have been issued by RailCorp under
                    that section and that section applies accordingly.
             Saving of tickets
                    Any ticket issued by or on behalf of the State Rail Authority,
                    and valid immediately before the commencement of this
                    clause, is taken to have been issued by RailCorp and
                    continues (if otherwise valid) to be a valid ticket.
             Saving of regulations
                    A regulation made under section 99, and in force before the
                    commencement of this clause, is taken to have been made
                    under section 91 as inserted by the amending Act.
             Penalty notices
                    Nothing in the amending Act affects the validity of a penalty
                    notice (whether under this or any other Act or law) issued by
                    or on behalf of the State Rail Authority before the
                    commencement of this clause.
             Previous transfers of assets, rights and liabilities
                    Nothing in this Schedule affects the transfer, before the
                    commencement of this clause, of any assets, rights or
                    liabilities under this Act and Schedule 4 continues to apply to
                    or in respect of any such transfer.
             Previous transfers of staff of SRA or RIC
                    Nothing in this Schedule affects the transfer, before the
                    commencement of this clause, of any staff of the State Rail
                    Authority or Rail Infrastructure Corporation under this Act
                    and Schedule 6 continues to apply to or in respect of any such
                    transfer.
             Saving of Rail Safety Act 2002
                    Nothing in the amending Act affects the operation of the Rail
                    Safety Act 2002.


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             References to SRA
             (1)      Except as provided by the regulations, a reference in any Act,
                      in any instrument made under any Act or in any document of
                      any kind to the State Rail Authority is, to the extent that it
                      relates:
                      (a) to the metropolitan rail area or the exercise of functions
                             relating to railway passenger services in this State, to be
                             read as or including a reference to RailCorp, or
                      (b) to its responsibility for network control, to be read as or
                             including a reference to the person having
                             responsibility for the network control under this Act, or
                      (c) to the development of a railway system or other
                             transport     project    undertaken     by      Transport
                             Infrastructure Development Corporation under section
                             18E (2), to be read as or including a reference to
                             Transport Infrastructure Development Corporation.
             (2)      This clause has effect subject to any transfers of assets, rights
                      or liabilities under this Act.
             Existing development applications and other matters
             (1)      This clause applies to a development application or matter
                      relating to:
                      (a) rail infrastructure facilities or other assets transferred to
                             RailCorp from the State Rail Authority or Rail
                             Infrastructure Corporation under this Act, or
                      (b) a function conferred on RailCorp under this Act that
                             was, immediately before the commencement of this
                             clause, conferred on the State Rail Authority or Rail
                             Infrastructure Corporation, or
                      (c) the development of a railway system or other transport
                             project undertaken by Transport Infrastructure
                             Development Corporation under section 18E (2) (a
                             transferred development).
             (2)      A development application relating to a matter referred to in
                      subclause (1) (a) or (b) made by the State Rail Authority or
                      Rail Infrastructure Corporation under the Environmental
                      Planning and Assessment Act 1979 before the




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                    commencement of this clause, and not finally determined
                    before that commencement, is taken to have been made by
                    RailCorp.
             (3)    A development application relating to a transferred
                    development made by the State Rail Authority or Rail
                    Infrastructure Corporation under the Environmental Planning
                    and Assessment Act 1979 before the commencement of this
                    clause, and not finally determined before that
                    commencement, is taken to have been made by Transport
                    Infrastructure Development Corporation.
             (4)    For the purposes of Part 5 of the Environmental Planning and
                    Assessment Act 1979, RailCorp is taken to be the determining
                    authority in respect of any matter (other than a matter relating
                    to a transferred development) not finally determined under
                    that Part before the commencement of this clause in which the
                    State Rail Authority or Rail Infrastructure Corporation was
                    the determining authority.
             (5)    For the purposes of Part 5 of the Environmental Planning and
                    Assessment Act 1979, Transport Infrastructure Development
                    Corporation is taken to be the determining authority in respect
                    of any matter relating to a transferred development not finally
                    determined under that Part before the commencement of this
                    clause in which the State Rail Authority or Rail Infrastructure
                    Corporation was the determining authority.
             (6)    Transport Infrastructure Development Corporation is, subject
                    to the regulations, taken to be the holder of any development
                    approval under the Environmental Planning and Assessment
                    Act 1979 relating to a transferred development and in force
                    immediately before the commencement of this clause.
             IPART determinations
             (1)    For the purposes of the Independent Pricing and Regulatory
                    Tribunal Act 1992, a determination of the pricing for transport
                    services provided by the State Rail Authority, in force
                    immediately before the commencement of this clause,
                    extends to transport services operated by RailCorp.
             (2)    Nothing in this clause prevents any such determination from
                    being revoked, or a further determination being issued for
                    RailCorp.




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             Timetable for first statements of corporate intent
                      A period within which any matter is required to be done under
                      this Act in relation to a statement of corporate intent, in
                      connection with the first statement of corporate intent of
                      RailCorp or Transport Infrastructure Development
                      Corporation, may be extended by the voting shareholders of
                      the Corporation concerned.
             Licences and other authorisations
             (1)      This clause applies to a licence, permit, approval or other
                      authorisation granted to the State Rail Authority or Rail
                      Infrastructure Corporation under any of the following Acts or
                      under a regulation under any of those Acts, and in force
                      immediately before the commencement of this clause:
                      (a) Dangerous Goods Act 1975,
                      (b) Environmental Planning and Assessment Act 1979,
                      (c) Home Building Act 1989,
                      (d) Occupational Health and Safety Act 2000,
                      (e) Protection of the Environment Operations Act 1997,
                       (f) Sydney Harbour Foreshore Authority Act 1998,
                      (g) Sydney Water Act 1994,
                      (h) any other Act prescribed by the regulations.
             (2)      An authorisation is, to the extent that it relates to former SRA
                      or RIC functions or former RIC infrastructure, taken to be
                      held by RailCorp on the same terms and conditions as the
                      State Rail Authority or Rail Infrastructure Corporation held
                      the authorisation immediately before the commencement of
                      this clause.
             (3)      The regulations may exempt an authorisation from the
                      operation of this clause.
             (4)      Nothing in this clause prevents an authorisation from being
                      varied, cancelled or replaced.
             (5)      In this clause:
                      former RIC infrastructure means rail infrastructure facilities
                      vested in or owned by RailCorp that, immediately before the
                      commencement of clause 2B of Schedule 6A, were vested in
                      or owned by RIC.


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                      former SRA or RIC functions means a function conferred on
                      RailCorp under Part 2, as inserted by the amending Act, that
                      was, immediately before the commencement of that Part,
                      conferred on the State Rail Authority or Rail Infrastructure
                      Corporation.
[185]   Schedule 8
        Insert after Schedule 7:

        Schedule 8 State Rail Authority
                                                                       (Section 128)


        Part 1           Constitution and functions of State Rail
                         Authority
          1    Constitution of SRA
               (1)    The corporation constituted under section 4 immediately
                      before the commencement of this clause is continued by this
                      clause with the corporate name of the State Rail Authority of
                      New South Wales.
               (2)    The State Rail Authority:
                      (a) has the functions conferred or imposed on it by or under
                           this or any other Act, and
                      (b) is, for the purposes of any Act, a statutory body
                           representing the Crown.
          2    Objectives of State Rail Authority
                      The objectives of the State Rail Authority are as follows:
                      (a) to manage its assets, rights and liabilities effectively
                           and responsibly,
                      (b) to minimise the risk exposure of the State arising from
                           its activities,
                      (c) to achieve the efficient and timely winding up of
                           residual business activities.




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          3   Functions of State Rail Authority
              (1)      The State Rail Authority has the following functions:
                       (a) to facilitate the transfer of its staff, assets, rights and
                            liabilities to RailCorp, Rail Infrastructure Corporation
                            and other bodies under this Act,
                       (b) to hold on behalf of the State, retain, transfer or dispose
                            of assets, rights and liabilities,
                       (c) to carry on any business or activity that relates to its
                            assets, rights and liabilities or that is ancillary to those
                            assets, rights or liabilities,
                       (d) to acquire and develop any land,
                       (e) to make and enter contracts or arrangements for the
                            carrying out of works or the performance of services or
                            the supply of goods or materials,
                       (f) to make and enter contracts or arrangements with any
                            person for the operation by that person, on such terms
                            as may be agreed on, of any of the Authority's services
                            or businesses,
                       (g) to appoint agents and act as agent for other persons,
                       (h) to do any other thing that is supplemental or incidental
                            to the exercise of its functions,
                        (i) any other functions conferred or imposed on it by or
                            under this or any other Act.
              (2)      The State Rail Authority may exercise its functions within or
                       outside New South Wales.
          4   Sale, lease or other disposal of land
              (1)      The State Rail Authority may, with the approval of the
                       Minister, sell, lease or otherwise dispose of any of its land.
              (2)      Despite subclause (1), the approval of the Minister is not
                       required:
                       (a) for any lease for a term not exceeding 5 years, or
                       (b) for a sale, lease or other disposal of land not exceeding
                             such value, or in such circumstances, as the Minister
                             may determine from time to time.




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             (3)    The Minister may delegate the power of approval under this
                    clause to the Chief Executive of the State Rail Authority, a
                    member of staff of the Ministry of Transport or a person of a
                    class prescribed by the regulations.

      Part 2           Management of State Rail Authority
        5    Old Board to continue for limited period
             (1)    The State Rail Authority Board, as constituted under Part 2 of
                    this Act immediately before the commencement of this
                    clause, continues in force and may exercise any functions that
                    it was entitled to exercise immediately before that
                    commencement.
             (2)    Sections 9 and 13 and Schedule 1, as in force before the
                    commencement of this clause, continue to have effect in
                    relation to the State Rail Authority Board.
             (3)    Subclauses (1) and (2) cease to have effect 6 months after that
                    commencement or on such later day as may be prescribed by
                    the regulations.
             (4)    A person who, immediately before subclause (1) ceases to
                    have effect, held the office of a member of the State Rail
                    Authority Board, ceases to hold that office on the date
                    subclause (1) ceases to have effect and is not entitled to any
                    remuneration or compensation because of that loss of office.
        6    Chief Executive of State Rail Authority
             (1)    The Governor may appoint a Chief Executive of the State Rail
                    Authority.
             (2)    The employment of the Chief Executive is subject to Part 3.1
                    of the Public Sector Employment and Management Act 2002,
                    but is not subject to Chapter 2 of that Act.
             (3)    The person who held office as Chief Executive immediately
                    before the commencement of this clause is taken to have been
                    duly appointed under this clause as Chief Executive:
                    (a) for the remainder of the term for which the person was
                          appointed under that Part, and
                    (b) on the same terms and conditions.




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          7   Acting Chief Executive
              (1)      The Minister may, from time to time, appoint a person to act
                       in the absence or illness of the Chief Executive, and the
                       person, while so acting, has all the functions of the Chief
                       Executive and is taken to be the Chief Executive.
              (2)      The Minister may, at any time, remove any person from an
                       office to which the person was appointed under this clause.
              (3)      A person while acting in the office of Chief Executive is
                       entitled to be paid such remuneration (including travelling
                       and subsistence allowances) as the Minister may from time to
                       time determine in respect of the person.
              (4)      For the purposes of this clause, a vacancy in the office of
                       Chief Executive is to be regarded as an absence from office of
                       the Chief Executive.
          8   Chief Executive to manage and control affairs of State Rail
              Authority
              (1)      The affairs of the State Rail Authority are to be managed and
                       controlled by the Chief Executive of the Authority.
              (2)      Any act, matter or thing done in the name of, or on behalf of,
                       the State Rail Authority by the Chief Executive is taken to
                       have been done by the Authority.
              (3)      The Chief Executive is, in the exercise of the Chief
                       Executive's functions, subject to the direction and control of
                       the Minister.
              (4)      Until clause 5 (1) ceases to have effect, the Chief Executive is
                       to manage and control the affairs of the State Rail Authority
                       in accordance with the policies of the State Rail Authority
                       Board.
          9   Ministerial control
                       The State Rail Authority (and its Chief Executive) are, in the
                       exercise of their functions, subject to the direction and control
                       of the Minister.




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       10    Delegation of functions of SRA
             (1)    The State Rail Authority may delegate to an authorised person
                    any of the functions of the Authority, other than this power of
                    delegation.
             (2)    A delegate may sub-delegate to an authorised person any
                    function delegated by the State Rail Authority if the delegate
                    is authorised in writing to do so by the Authority.
             (3)    In this section, authorised person means:
                    (a) an officer of the State Rail Authority, or
                    (b) a person of a class prescribed by the regulations or
                           approved by the Minister.
             (4)    A delegation by the State Rail Authority, and in force
                    immediately before the commencement of this clause,
                    continues in force (but may be revoked or amended) to the
                    extent that it relates to functions of the Authority re-enacted
                    in this Schedule.
       11    Staff of State Rail Authority
             (1)    The State Rail Authority may employ such staff as it requires
                    to exercise its functions.
             (2)    The State Rail Authority may fix the salary, wages and
                    conditions of employment of its staff in so far as they are not
                    fixed by or under any other Act or law.
             (3)    Sections 66-68 and Schedule 5 apply to the State Rail
                    Authority and to staff of the State Rail Authority.
             (4)    Any members of staff of the State Rail Authority employed
                    immediately before the commencement of this clause are
                    taken to be members of staff employed under this Schedule.
             (5)    This clause does not prevent a member of staff of the State
                    Rail Authority from being transferred under this Act.
       12    Regulations relating to staff
             (1)    The regulations may make provision for or with respect to the
                    employment of the staff of the State Rail Authority, including
                    the conditions of employment and the discipline of any such
                    staff.




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Schedule 1         Amendment of Transport Administration Act 1988




             (2)      Any such regulations relating to the conditions of
                      employment or the discipline of staff:
                      (a) have effect subject to any relevant award made by a
                           competent industrial tribunal and to any industrial
                           agreement to which the State Rail Authority is a party,
                           and
                      (b) have effect despite any determination of the State Rail
                           Authority under clause 11, and
                      (c) may provide for appeals by members of staff in
                           connection with their employment, including appeals to
                           a Transport Appeal Board constituted under the
                           Transport Appeal Boards Act 1980, and
                      (d) have effect subject to Part 3.1 of the Public Sector
                           Employment and Management Act 2002.
             (3)      Any regulations in force under section 58 immediately before
                      the commencement of this clause continue in force and are
                      taken to have been made under this clause.

      Part 3             Financial provisions
      13     State Rail Authority Fund
                      The State Rail Authority Fund established under section 69
                      immediately before the commencement of this clause is
                      continued.
      14     Payments into and from State Rail Authority Fund
             (1)      There is to be paid into the State Rail Authority Fund:
                      (a) all money received by or on account of the State Rail
                           Authority, and
                      (b) all money advanced to the State Rail Authority by the
                           Treasurer or appropriated by Parliament for the
                           purposes of the Authority, and
                      (c) all other money required by or under this
                           or any other Act to be paid into the Fund.




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Amendment of Transport Administration Act 1988                        Schedule 1




             (2)    There is to be paid from the State Rail Authority Fund:
                    (a) all payments made on account of the State Rail
                         Authority or otherwise required to meet expenditure
                         incurred in relation to the functions of the Authority,
                         and
                    (b) all other payments required by or under this or any other
                         Act to be paid from the Fund.
       15    Payment of dividend to Treasurer
             (1)    The State Rail Authority must pay to the Treasurer, out of any
                    surplus for a financial year, a dividend determined by the
                    Minister.
             (2)    The Minister must not make a determination under this clause
                    unless:
                    (a) the Minister has had regard to the advice of the State
                          Rail Authority on the financial affairs of the Authority
                          and any recommendation with respect to the
                          determination, and
                    (b) the Treasurer approves of the determination.
       16    Financial duties generally
                    Sections 81and 82 apply to the State Rail Authority.
       17    Minister may direct payments into or from different Funds
                    Any money required by or under this or any other Act to be
                    paid into either the State Rail Authority Fund or the State
                    Transit Authority Fund must, if the Minister so directs, be
                    paid into the other Fund.

      Part 4           Miscellaneous
       18    Application of miscellaneous provisions
             (1)    Sections 109, 110, 111, 112, 113 and 115 apply to the State
                    Rail Authority, the Chief Executive of the Authority, the State
                    Rail Authority Board or a person acting under the direction of
                    any of them in the same way as they apply to or in respect of
                    an Authority, a transport authority, a member of a transport
                    authority or a person acting under the direction of a transport
                    authority or a member of a transport authority.


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Schedule 1         Amendment of Transport Administration Act 1988




             (2)      Schedule 6B applies to the State Rail Authority in the same
                      way that it applies to a rail authority.
      19     Dissolution of SRA and subsidiaries
             (1)      The Governor may, by proclamation published in the Gazette,
                      appoint a day on which the State Rail Authority is to be
                      dissolved.
             (2)      On that day, the State Rail Authority, and each State Rail
                      Authority subsidiary, are dissolved and any assets, rights and
                      liabilities of the Authority and any subsidiary become assets,
                      rights and liabilities of the Crown.
             (3)      Section 94 and Schedule 4 apply to the assets, rights and
                      liabilities vested in the Crown under this clause in the same
                      way as they apply to the assets, rights and liabilities of a rail
                      authority.
             (4)      Despite subclause (3), the Minister may not transfer an asset,
                      right or liability vested in the Crown under this clause, except
                      with the concurrence of the Treasurer.
             (5)      Regulations of a savings and transitional nature may be made
                      consequent on the dissolution of the State Rail Authority and
                      any subsidiary of the Authority.
      20     Chief Executive of SRA
                      The person who, immediately before the dissolution of the
                      State Rail Authority held office as Chief Executive of the
                      Authority ceases to hold that office and is not entitled to any
                      remuneration or compensation because of the loss of that
                      office.
      21     References to SRA
             (1)      On the dissolution of the State Rail Authority, a reference in
                      any other Act or instrument made under any other Act or in
                      any other instrument of any kind to the State Rail Authority
                      is, except as provided by the regulations, taken to be a
                      reference to RailCorp.
             (2)      This clause has effect subject to any transfers of assets, rights
                      and liabilities under this Act.




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Amendment of Transport Administration Act 1988                          Schedule 1




       22    Previous transfers of assets, rights and liabilities of SRA
                    Nothing in this Schedule affects the transfer, before the
                    dissolution of the State Rail Authority, of any assets, rights or
                    liabilities of the State Rail Authority under this Act and
                    Schedule 4 continues to apply to or in respect of any such
                    transfer.
       23    Previous transfers of staff of SRA
                    Nothing in this Schedule affects the transfer, before the
                    dissolution of the State Rail Authority, of any staff of the State
                    Rail Authority under this Act and Schedule 6 continues to
                    apply to or in respect of any such transfer.




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Schedule 2     Amendments relating to dissolution of Rail Infrastructure Corporation




Schedule 2 Amendments relating to dissolution of Rail
           Infrastructure Corporation
                                                                               (Section 3)

[1]   Long title
      Omit ", Rail Infrastructure Corporation".
[2]   Section 3 Definitions
      Omit the definition of Rail Infrastructure Corporation from section 3 (1).
[3]   Part 2B [as renumbered by the Transport Administration
      Amendment (Rail Agencies) Act 2003]
      Omit the Part.
[4]   Section 89 [as inserted by the Transport Administration
      Amendment (Rail Agencies) Act 2003]
      Omit ", Rail Infrastructure Corporation" from the definition of rail
      authority.
[5]   Section 122 Definitions
      Omit ", RIC" from the definition of rail authority.
[6]   Part 9, Division 8
      Insert after Division 7:

      Division 8         Dissolution of Rail Infrastructure
                         Corporation
      129    Dissolution of Rail Infrastructure Corporation
                   Schedule 9 has effect.
[7]   Schedule 6 Transfer of certain staff
      Omit clauses 10, 11, 11A (2), 11B (2) and 11D.
[8]   Schedule 6, clause 14 [as amended by the Transport
      Administration Amendment (Rail Agencies) Act 2003]
      Omit "RIC," wherever occurring.




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 Amendments relating to dissolution of Rail Infrastructure Corporation   Schedule 2




 [9]    Schedule 6, clause 17
        Omit the clause.
[10]    Schedule 6A, clause 2 [as inserted by the Transport
        Administration Amendment (Rail Agencies) Act 2003]
        Omit clause 2.
[11]    Schedule 6A, clause 2A Ownership of rail infrastructure facilities
        [as inserted by the Transport Administration Amendment (Rail
        Agencies) Act 2003]
        Omit clause 2A (1).
[12]    Schedule 6A, clause 13
        Omit the clause.
[13]    Schedule 6B Special provisions for underground rail facilities
        Omit ", RIC" from the definition of rail authority in clause 1.
[14]    Schedule 9
        Insert after Schedule 8:

        Schedule 9 Dissolution of Rail Infrastructure
                   Corporation
                                                                          (Section 129)

          1    Dissolution of Rail Infrastructure Corporation and subsidiaries
               (1)    Rail Infrastructure Corporation, and each Rail Infrastructure
                      Corporation subsidiary, are dissolved and any assets, rights
                      and liabilities of the Corporation and any subsidiary become
                      assets, rights and liabilities of the Crown.
               (2)    Section 94 and Schedule 4 apply to the assets, rights and
                      liabilities vested in the Crown under this clause in the same
                      way as they apply to the assets, rights and liabilities of a rail
                      authority.
               (3)    Despite subclause (2), the Minister may not transfer an asset,
                      right or liability vested in the Crown under this clause, except
                      with the concurrence of the Treasurer.




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Schedule 2          Amendments relating to dissolution of Rail Infrastructure Corporation




              (4)      Part 3 (including clauses 11, 11A (2) and 11B (2)) of
                       Schedule 6 applies to any staff of the Rail Infrastructure
                       Corporation immediately before the dissolution.
              (5)      Regulations of a savings and transitional nature may be made
                       consequent on the dissolution of the Rail Infrastructure
                       Corporation and any subsidiary of the Corporation.
              (6)      This clause is subject to clause 4.
          2   Chief executive officer of Rail Infrastructure Corporation
                       The person who, immediately before the dissolution of Rail
                       Infrastructure Corporation held office as chief executive
                       officer of the Corporation ceases to hold that office and is not
                       entitled to any remuneration or compensation because of the
                       loss of that office.
          3   Provisions relating to vesting of rail infrastructure facilities in
              RailCorp
              (1)      On the dissolution of Rail Infrastructure Corporation (the
                       transfer day), the rail infrastructure facilities (and any
                       associated assets, rights and liabilities) vested in or owned by
                       RIC immediately before the transfer day (the country rail
                       infrastructure facilities) are vested in RailCorp.
              (2)      On the transfer day, the following provisions have effect:
                       (a) all proceedings relating to the country rail infrastructure
                            facilities commenced before the transfer day by or
                            against Rail Infrastructure Corporation or a predecessor
                            of Rail Infrastructure Corporation and pending
                            immediately before the transfer day are taken to be
                            proceedings pending by or against RailCorp,
                       (b) any act, matter or thing done or omitted to be done in
                            relation to the country rail infrastructure facilities
                            before the transfer day by, to or in respect of Rail
                            Infrastructure Corporation is (to the extent that that act,
                            matter or thing has any force or effect) taken to have
                            been done or omitted by, to or in respect of RailCorp,




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Amendments relating to dissolution of Rail Infrastructure Corporation      Schedule 2




                     (c)    a reference in any Act, in any instrument made under
                            any Act or in any document of any kind to Rail
                            Infrastructure Corporation is, to the extent that it relates
                            to the country rail infrastructure facilities, but subject to
                            the regulations, to be read as or including a reference to
                            RailCorp.
              (3)    The Minister may, by order in writing, declare that a specified
                     right, asset or liability is not vested in RailCorp by the
                     operation of this clause.
              (4)    The operation of this clause, is not to be regarded:
                     (a) as a breach of contract or confidence or otherwise as a
                          civil wrong, or
                     (b) as a breach of any contractual provision prohibiting,
                          restricting or regulating the assignment or transfer of
                          the country rail infrastructure facilities, or
                     (c) as giving rise to any remedy by a party to an instrument,
                          or as causing or permitting the termination of any
                          instrument, because of a change in the beneficial or
                          legal ownership of the country rail infrastructure
                          facilities.
              (5)    Words and expressions used in this clause have the same
                     meanings as they have in Schedule 4.
         4    Previous transfers of assets, rights and liabilities of Rail
              Infrastructure Corporation
                     Nothing in this Schedule affects the transfer, before the
                     dissolution of Rail Infrastructure Corporation, of any assets,
                     rights or liabilities of Rail Infrastructure Corporation under
                     this Act and Schedule 4 continues to apply to or in respect of
                     any such transfer.
         5    Previous transfers of staff of Rail Infrastructure Corporation
                     Nothing in this Schedule affects the transfer, before the
                     dissolution of Rail Infrastructure Corporation, of any staff of
                     Rail Infrastructure Corporation under this Act and Schedule 6
                     continues to apply to or in respect of any such transfer.




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Schedule 2          Amendments relating to dissolution of Rail Infrastructure Corporation




          6   Rail access agreements
              (1)      A rail access agreement entered into by Rail Infrastructure
                       Corporation, and in force immediately before the
                       commencement of this clause continues in force and is taken
                       to have been entered into by RailCorp.
              (2)      Nothing in this clause prevents the variation, termination or
                       replacement of a rail access agreement continued by this
                       clause.
              (3)      In this clause, rail access agreement means an agreement
                       entered into by Rail Infrastructure Corporation pursuant to the
                       NSW Rail Access Regime or the RIC access undertaking, that
                       permits a person to operate rolling stock on the NSW rail
                       network.
          7   Saving of Rail Safety Act 2002
                       Nothing in this Schedule affects the operation of the Rail
                       Safety Act 2002.
          8   Licences and other authorisations
              (1)      This clause applies to a licence, permit, approval or other
                       authorisation granted to Rail Infrastructure Corporation under
                       any of the following Acts or under a regulation under any of
                       those Acts, and in force immediately before the
                       commencement of this clause:
                       (a) Dangerous Goods Act 1975,
                       (b) Environmental Planning and Assessment Act 1979,
                       (c) Home Building Act 1989,
                       (d) Occupational Health and Safety Act 2000,
                       (e) Protection of the Environment Operations Act 1997,
                        (f) Sydney Harbour Foreshore Authority Act 1998,
                       (g) Sydney Water Act 1994,
                       (h) any other Act prescribed by the regulations.
              (2)      An authorisation is, to the extent that it relates to former RIC
                       infrastructure, taken to be held by RailCorp on the same terms
                       and conditions as Rail Infrastructure Corporation held the
                       authorisation immediately before the commencement of this
                       clause.



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Amendments relating to dissolution of Rail Infrastructure Corporation   Schedule 2




              (3)    The regulations may exempt an authorisation from the
                     operation of this clause.
              (4)    Nothing in this clause prevents an authorisation from being
                     varied, cancelled or replaced.
              (5)    In this clause:
                     former RIC infrastructure means rail infrastructure facilities
                     vested in or owned by RailCorp that, immediately before the
                     commencement of this clause, were vested in or owned by
                     RIC.




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              Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 3    Amendment of other Acts and instruments




Schedule 3 Amendment of other Acts and instruments
                                                                             (Section 4)

3.1 Conveyancing (General) Regulation 2003
[1]   Clause 51 Easements in gross
      Insert after clause 51 (1) (m):
                    (n) Rail Corporation New South Wales,
                    (o) Transport Infrastructure Development Corporation.
[2]   Clause 52 Imposition of restrictions or public positive covenants
      on certain land vested in prescribed authorities
      Insert after clause 52 (g):
                    (h) Rail Corporation New South Wales,
                     (i) Transport Infrastructure Development Corporation.
[3]   Clause 53 Regulation of use of land not held by a prescribed
      authority
      Insert after clause 53 (f):
                    (g) Rail Corporation New South Wales,
                    (h) Transport Infrastructure Development Corporation.
3.2 Conveyancing (Sale of Land) Regulation 2000
      Schedule 3 Prescribed warranties
      Omit "the State Rail Authority or Rail Access Corporation" from clause 1
      of Part 3.
      Insert instead "Rail Corporation New South Wales, Transport
      Infrastructure Development Corporation or Rail Infrastructure
      Corporation".




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Amendment of other Acts and instruments                           Schedule 3




3.3 Electricity Supply Act 1995 No 94
[1]   Section 106 Regulations
      Omit "a Rail Corporation within the meaning of the Transport
      Administration Act 1988 or the State Rail Authority" from section
      106 (2A).
      Insert instead "Rail Corporation New South Wales, Transport
      Infrastructure Development Corporation or Rail Infrastructure
      Corporation".
[2]   Dictionary
      Omit "Rail Corporation within the meaning of the Transport
      Administration Act 1988" from the definition of rail network electricity
      system.
      Insert instead "Rail Corporation New South Wales, Rail Infrastructure
      Corporation".
3.4 First State Superannuation Act 1992 No 100
      Schedule 1 Employers
      Insert at the end of Schedule 1:
                    Rail Corporation New South Wales
                    Transport Infrastructure Development Corporation
3.5 Government Telecommunications Act 1991 No 77
      Section 32 Establishment of the Board
      Omit "the State Rail Authority" from section 32 (3) (f).
      Insert instead "Rail Corporation New South Wales".
3.6 Impounding Act 1993 No 31
[1]   Dictionary, definition of "area of operations"
      Omit "State Rail Authority, land owned by or under the control of the
      Authority".
      Insert instead "Rail Corporation New South Wales, land owned by or
      under the control of the Corporation".


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Schedule 3     Amendment of other Acts and instruments




[2]   Dictionary, definition of "impounding authority"
      Omit "State Rail Authority".
      Insert instead "Rail Corporation New South Wales".
3.7 Independent Pricing and Regulatory Tribunal Act 1992 No 39
      Schedule 1 Government agencies for which Tribunal has standing
      reference
      Omit "State Rail Authority".
      Insert instead "Rail Corporation New South Wales".
3.8 Liquor Act 1982 No 147
[1]   Section 6 Application of Act
      Omit "State Rail Authority as are determined by that Authority" from
      section 6 (1) (b).
      Insert instead "Rail Corporation New South Wales as are determined by
      the Corporation".
[2]   Section 19 Governor's licences
      Omit "the State Rail Authority" from section 19 (5) (a).
      Insert instead "Rail Corporation New South Wales".
3.9 Local Government Act 1993 No 30
[1]   Section 555 What land is exempt from all rates?
      Insert ", Rail Corporation New South Wales or Transport Infrastructure
      Development Corporation," after "Rail Infrastructure Corporation" in
      section 555 (1) (g1).
[2]   Section 600 Rebates in respect of certain land vested in public
      bodies
      Insert "Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation," after "State Rail Authority," in the definition
      of public body in section 600 (9).




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Amendment of other Acts and instruments                          Schedule 3




[3]   Section 742 Dispute resolution
      Omit "the State Rail Authority" from section 742 (7).
      Insert instead "Rail Corporation New South Wales".
3.10 Passenger Transport Act 1990 No 39
      Section 5 Crown bound by Act
      Omit "the State Rail Authority" from section 5 (2).
      Insert instead "Rail Corporation New South Wales".
3.11 Pipelines Act 1967 No 90
      Section 3 Definitions
      Insert "Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation," after "State Rail Authority of New South
      Wales," in the definition of statutory body representing the Crown in
      section 3 (1).
3.12 Public Finance and Audit Regulation 2000
      Clause 17 Definitions of "authority" and "officer of an authority"
      Omit clause 17 (7) (b). Insert instead:
                  (b) an employee of Rail Corporation New South Wales,
                (b1) an employee of Transport Infrastructure Development
                        Corporation,
3.13 Railway Construction (East Hills to Campbelltown) Act 1983
     No 111
      Section 2 Interpretation
      Omit "the State Rail Authority" from the definition of the Authority in
      section 2 (1).
      Insert instead "Rail Corporation New South Wales".




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Schedule 3     Amendment of other Acts and instruments




3.14 Railway Construction (Maldon to Port Kembla) Act 1983
     No 112
      Section 2 Interpretation
      Omit "the State Rail Authority" from the definition of the Authority in
      section 2 (1).
      Insert instead "Rail Corporation New South Wales".
3.15 Roads Act 1993 No 33
[1]   Section 94 Roads authority may carry out drainage work across
      land adjoining public road etc
      Insert "Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation or" before "Rail Infrastructure Corporation" in
      section 94 (2).
[2]   Section 94 (2A)
      Omit "Part 2A of".
[3]   Section 211
      Omit the section. Insert instead:
      211    Contributions to RTA by Rail Corporation New South Wales
             and State Transit Authority
                  Rail Corporation New South Wales and the State Transit
                  Authority must pay such amounts to the RTA as the RTA
                  determines from time to time as contributions in relation to:
                  (a) in the case of Rail Corporation New South Wales--the
                        movement of rolling stock over railway lines vested in
                        or owned by the Corporation on the Sydney Harbour
                        Bridge, and
                  (b) in the case of the State Transit Authority--the carriage
                        of passengers across the Sydney Harbour Bridge.
3.16 Rural Fires Act 1997 No 65
[1]   Section 27 Permission of RailCorp, RIC or TIDC required
      Insert ", Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation" after "the State Rail Authority".


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Amendment of other Acts and instruments                           Schedule 3




[2]   Section 100A Definitions
      Insert "Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation," after "State Rail Authority," in paragraph (c)
      of the definition of managed land in section 100A (1).
[3]   Dictionary, definition of "managed land"
      Insert ", Rail Corporation New South Wales, Transport Infrastructure
      Development Corporation" after "State Rail Authority" in paragraph (c).
3.17 Security Industry Regulation 1998
[1]   Clause 5 Exemptions: section 6
      Omit "State Rail Authority" from clause 5 (a) wherever occurring.
      Insert instead "Rail Corporation New South Wales".
[2]   Clause 5 (a)
      Omit "revenue protection officers".
      Insert instead "transit security officers".
3.18 State Authorities Non-contributory Superannuation
     Act 1987 No 212
      Schedule 1 Employers
      Insert at the end of Part 1:
                    Rail Corporation New South Wales
                    Transport Infrastructure Development Corporation
3.19 State Authorities Superannuation Act 1987 No 211
      Schedule 1 Employers
      Insert at the end of Part 1:
                    Rail Corporation New South Wales
                    Transport Infrastructure Development Corporation




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               Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 3     Amendment of other Acts and instruments




3.20 State Development and Industries Assistance Act 1966
     No 10
      Section 20 Ministerial Corporation's powers to make grants and
      pay subsidies
      Insert ", Rail Corporation New South Wales" after "State Rail Authority"
      in section 20 (1) (b).
3.21 Superannuation Act 1916 No 28
      Schedule 3 List of Employers
      Insert at the end of Part 1:
                   Rail Corporation New South Wales
                   Transport Infrastructure Development Corporation
3.22 Transport Appeal Boards Act 1980 No 104
[1]   Section 4 Definitions
      Insert ", Rail Corporation New South Wales" after "State Rail Authority"
      in the definition of Authority in section 4 (1).
[2]   Section 11A Nature of proceedings for promotion appeals
      Omit "under the Transport Administration Act 1988" from section
      11A (1).
      Insert instead "conferring the right to make the appeal".
[3]   Section 30 Supply of copies of statements and other things to
      appellant
      Omit "the State Rail Authority or the State Transit Authority" wherever
      occurring in section 30 (1) and (3).
      Insert instead "an Authority".
[4]   Section 31 Reference of certain matters to Chairperson or Vice-
      Chairperson for investigation
      Omit "the State Rail Authority or the State Transit Authority" from
      section 31 (1).
      Insert instead "an Authority".


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Amendment of other Acts and instruments                           Schedule 3




[5]   Section 31 (2)
      Omit "The State Rail Authority or the State Transit Authority".
      Insert instead "An Authority".
[6]   Schedule 1 Members of a Board
      Omit "the State Rail Authority or the State Transit Authority" wherever
      occurring in clause 4 (1).
      Insert instead "an Authority".
3.23 Water Act 1912 No 44
[1]   Section 12 Licence
      Omit "the State Rail Authority" from section 12 (3).
      Insert instead "Rail Corporation New South Wales".
[2]   Section 14 Renewal
      Omit "State Rail Authority" from section 14 (1B).
      Insert instead "Rail Corporation New South Wales".
3.24 Water (Part 2--General) Regulation 1997
      Clause 27 Public authorities
      Omit "State Rail Authority".
      Insert instead "Rail Corporation New South Wales".




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              Transport Administration Amendment (Rail Agencies) Bill 2003

Schedule 3    Amendment of other Acts and instruments




3.25 Water (Part 5--Bore Licences) Regulation 1995
      Clause 8 Prescribed public authorities: sec 116A
      Omit "State Rail Authority".
      Insert instead "Rail Corporation New South Wales".




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