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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Transport Administration Amendment
(Independent Transport Safety Regulator)
Bill 2017
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Transport Administration Act 1988 No 109 3
Schedule 2 Consequential amendment of other legislation 6
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, , 2017
New South Wales
Transport Administration Amendment
(Independent Transport Safety Regulator)
Bill 2017
Act No , 2017
An Act to amend the Transport Administration Act 1988 to abolish the Independent Transport
Safety Regulator and to make consequential amendments to other legislation.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017 [NSW]
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Transport Administration Amendment (Independent Transport Safety
Regulator) Act 2017.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017 [NSW]
Schedule 1 Amendment of Transport Administration Act 1988 No 109
Schedule 1 Amendment of Transport Administration Act
1988 No 109
[1] Section 3 Definitions
Omit the definition of Independent Transport Safety Regulator from section 3 (1).
[2] Section 3 (1)
Insert in alphabetical order:
National Rail Safety Regulator means the Office of the National Rail Safety
Regulator established under the Rail Safety National Law (NSW).
[3] Section 3B Ministerial responsibility and delegation
Omit the note from section 3B (1).
[4] Section 3H Review by relevant safety regulator of directions relating to transport
safety matters
Omit paragraph (a) of the definition of relevant safety regulator in section 3H (1).
Insert instead:
(a) in the case of a direction relating to rail services or infrastructure--the
National Rail Safety Regulator, or other independent professional
person, approved by the Minister as the relevant safety regulator for the
purposes of this section, or
[5] Part 4A Independent Transport Safety Regulator
Omit the Part.
[6] Section 65 Definitions
Omit paragraph (i) of the definition of transport authority.
[7] Section 66 Orders providing for transfer of staff of transport authorities
Omit section 66 (3).
[8] Section 107 Definition of "transport authority"
Omit paragraph (a1) of the definition of transport authority in section 107 (1).
[9] Section 109 Seals of Authorities
Omit paragraph (g) of the definition of Authority in section 109 (2).
[10] Section 111 Referral of disputes
Omit section 111 (5).
[11] Section 112 Personal liability of certain persons
Omit "the Independent Transport Safety Regulator," from the definition of member of a
transport authority in section 112 (2).
[12] Schedule 1 Functions of Transport for NSW
Omit paragraph (e) of the definition of transport authority in clause 4A (4).
[13] Schedule 2A, heading
Omit "Chief Executive of the ITSR and".
Page 3
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017 [NSW]
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[14] Schedule 2A
Omit "(Sections 42M (3) and 45 (2))". Insert instead "(Section 45 (2))".
[15] Schedule 2A, clause 1, definition of "Chief Executive"
Omit the definition. Insert instead:
Chief Investigator means the Chief Investigator of the Office of Transport
Safety Investigations.
[16] Schedule 2A, clause 2 (1)
Omit "A Chief Executive". Insert instead "The Chief Investigator".
[17] Schedule 2A, clause 2 (2)
Omit the subclause.
[18] Schedule 2A, clauses 3, 5 (2), 6 and 7
Omit "Chief Executive" wherever occurring. Insert instead "Chief Investigator".
[19] Schedule 2A, clause 4
Omit "a Chief Executive" wherever occurring. Insert instead "the Chief Investigator".
[20] Schedule 2A, clause 4 (1)
Omit "the Chief Executive". Insert instead "the Chief Investigator".
[21] Schedule 2A, clause 5 (1)
Omit "Chief Executive". Insert instead "the Chief Investigator".
[22] Schedule 4 Transfer of assets, rights and liabilities
Insert after clause 2 (1):
(1A) This Schedule also applies to the transfer of the assets, rights and liabilities of
the Independent Transport Safety Regulator to the Crown by Schedule 7. This
Schedule applies as if that transfer were an order to which this Schedule
applies that took effect on the date of commencement of this subclause.
[23] Schedule 6A Powers relating to rail infrastructure facilities and land
Omit "or an officer of the Independent Transport Safety Regulator" from clause 16 (4).
[24] Schedule 6A, clause 16 (5)
Insert after clause 16 (4):
(5) This clause applies subject to the Rail Safety National Law (NSW).
[25] Schedule 7 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provisions consequent on enactment of Transport
Administration Amendment (Independent
Transport Safety Regulator) Act 2017
Abolition of Independent Transport Safety Regulator
(1) The Independent Transport Safety Regulator is abolished.
Page 4
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017 [NSW]
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(2) On its abolition, the assets, rights and liabilities of the Independent Transport
Safety Regulator are transferred to the Crown.
(3) The Minister may:
(a) enter into an arrangement with the National Rail Safety Regulator for
the transfer of any assets, rights and liabilities transferred to the Crown
by this clause to the National Rail Safety Regulator, or
(b) transfer any assets, rights and liabilities transferred to the Crown by this
clause to a NSW government agency.
(4) Schedule 4 applies to the transfer of assets, rights and liabilities under this
clause.
(5) Words and expressions used in this clause have the same meanings as they
have in Schedule 4.
Chief Executive of Independent Transport Safety Regulator ceases to hold
statutory office
The person holding office as the Chief Executive of the Independent Transport
Safety Regulator immediately before the commencement of the Transport
Administration Amendment (Independent Transport Safety Regulator) Act
2017:
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation for the loss of that
office.
Page 5
Transport Administration Amendment (Independent Transport Safety Regulator) Bill 2017 [NSW]
Schedule 2 Consequential amendment of other legislation
Schedule 2 Consequential amendment of other legislation
2.1 Government Sector Employment Act 2013 No 40
Schedule 1 Public Service agencies
Omit the matter relating to the Independent Transport Safety Regulator Staff Agency from
Part 3.
2.2 Passenger Transport Act 2014 No 46
Schedule 4 Amendment of Acts
Omit Schedule 4.12 [10].
2.3 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Independent Transport Safety Regulator".
2.4 Rail Safety (Adoption of National Law) Act 2012 No 82
Section 13 Provision of information and assistance by ITSR
Omit the section.
2.5 Rail Safety (Adoption of National Law) Regulation 2012
[1] Clause 3 Definitions
Omit the definition of ITSR from clause 3 (1).
[2] Clause 44 Improvement and prohibition notices and other compliance and
enforcement matters
Omit "ITSR" from clause 44 (5).
Insert instead "former Independent Transport Safety Regulator".
[3] Clause 49 Information sharing agreements
Omit the clause.
Page 6
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