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This is a Bill, not an Act. For current law, see the Acts databases.
Transport Legislation Amendment
Bill 2011
No , 2011
A Bill for
An Act to amend the Transport Administration Act 1988 to establish Transport for
NSW and the Transport Service and to make further provision with respect to the
administration of public transport in New South Wales; and for other purposes.
Clause 1 Transport Legislation Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Transport Legislation Amendment Act 2011. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
Schedule 1 Amendment of Transport Administration 1
Act 1988 No 109 2
[1] Section 2A Objects of Act 3
Omit section 2A (b). Insert instead: 4
(b) to promote the integration of the transport system, 5
[2] Section 2B 6
Insert after section 2A: 7
2B Common objectives and service delivery priorities of public 8
transport agencies 9
(1) Public transport agencies are to exercise their functions in a 10
manner that promotes the following objectives, which are the 11
common objectives of public transport agencies: 12
(a) Customer focus 13
To put the customer first and design the transport system 14
around the needs and expectations of the customer. 15
(b) Economic development 16
To enable the transport system to support the economic 17
development of the State (with a focus on freight transport 18
systems). 19
(c) Planning and investment 20
To ensure that good planning informs investment 21
strategies. 22
(d) Coherence and integration 23
To promote coherence and integration across all transport 24
modes and all stages of decision making. 25
(e) Performance and delivery 26
To focus on performance and service delivery, based on a 27
strong purchaser-provider model with clear 28
accountabilities for outcomes. 29
(f) Efficiency 30
To achieve greater efficiency: 31
(i) in the delivery of transport infrastructure projects, 32
and 33
(ii) through improved coordination of freight, maritime 34
and ports operations, and their integration into the 35
transport system, and 36
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(iii) by eliminating duplication of functions and 1
resources, and 2
(iv) by outsourcing the delivery of non-core services. 3
(g) Environmental sustainability 4
To promote the delivery of transport services in an 5
environmentally sustainable manner. 6
(h) Social benefits 7
To contribute to the delivery of social benefits for 8
customers, including greater inclusiveness, accessibility 9
and quality of life. 10
(i) Safety 11
To provide safe transport services in accordance with a 12
safety regulatory framework. 13
(2) Public transport agencies are to determine their service delivery 14
priorities having regard to the Director-General's expectations 15
for service delivery established by a Statement of Expectations 16
issued annually to public transport agencies by the 17
Director-General. 18
[3] Section 3 Definitions 19
Omit the definitions of Advisory Council, Roads and Traffic Authority and 20
Transport NSW from section 3 (1). 21
[4] Section 3 (1) 22
Insert in alphabetical order: 23
Advisory Board means the Transport Advisory Board established 24
under Part 5. 25
public transport agency means TfNSW, RailCorp, RMS, the 26
State Transit Authority, the Transport Construction Authority, 27
the Country Rail Infrastructure Authority, Sydney Ferries and 28
their public or private subsidiary corporations. 29
Roads and Maritime Services (or RMS) means Roads and 30
Maritime Services constituted under this Act. 31
Transport for NSW (or TfNSW) means Transport for NSW 32
constituted under this Act. 33
transport infrastructure means infrastructure used for or in 34
connection with or to facilitate the movement of persons and 35
freight by road, rail, sea, air or other mode of transport, and 36
includes: 37
(a) railways and railway infrastructure, and 38
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(b) roads and road infrastructure, and 1
(c) maritime infrastructure and ports, and 2
(d) transport safety infrastructure, and 3
(e) systems, works, structures, buildings, plant, machinery 4
and equipment that are associated with or incidental to 5
transport infrastructure. 6
transport legislation means the following Acts and the 7
regulations under those Acts: 8
(a) this Act, 9
(b) the Passenger Transport Act 1990, 10
(c) the Ports and Maritime Administration Act 1995, 11
(d) the Roads Act 1993, 12
(e) an Act that forms part of the road transport legislation as 13
defined in the Road Transport (General) Act 2005, 14
(f) the Tow Truck Industry Act 1998, 15
(g) the marine legislation as defined in the Ports and Maritime 16
Administration Act 1995, 17
(h) an Act that is prescribed by the regulations for the purposes 18
of this definition. 19
Transport Service means the Transport Service of New South 20
Wales referred to in section 68B. 21
transport services include railway services (including heavy rail, 22
metro rail and light rail services), bus services and ferry services. 23
transport system means the transport services and transport 24
infrastructure of the State for all modes of transport. 25
[5] Sections 3 (1) (definition of "Director-General") and 104V (2) 26
Omit "Transport NSW" wherever occurring. 27
Insert instead "the Department of Transport". 28
[6] Section 3B Ministerial responsibility and delegation 29
Insert after section 3B (1) (a): 30
(a1) TfNSW, 31
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[7] Sections 3B (1) (b), 50 (1) and (2), 53, 55A (c), 56 (a), 65 (paragraph (c) of 1
the definition of "transport authority"), 78 (1) (a) (i) and (iii), (b) and (d), 2
81A, 99B (3) (b), 105, 106 (1), 106A (1) and (4), 107 (1) (c), 109 (2) and 119 3
(1A), clause 1 of Schedule 2, clause 2 of Schedule 5 and clause 13C (1) 4
(a) and (4) of Schedule 6A 5
Omit "Roads and Traffic Authority", "the Roads and Traffic Authority" and 6
"The Roads and Traffic Authority" wherever occurring. 7
Insert instead "RMS". 8
[8] Part 1A 9
Omit the Part. Insert instead: 10
Part 1A Transport for NSW 11
3C Constitution and management of TfNSW 12
(1) There is constituted by this Act a corporation with the corporate 13
name of Transport for NSW. 14
(2) TfNSW is a NSW Government agency. 15
(3) The affairs of TfNSW are to be managed and controlled by the 16
Director-General. 17
(4) Any act, matter or thing done in the name of, or on behalf of, 18
Transport for NSW by the Director-General is taken to have been 19
done by Transport for NSW. 20
3D Objectives of TfNSW 21
The objectives of Transport for NSW are as follows: 22
(a) to plan for a transport system that meets the needs and 23
expectations of the public, 24
(b) to promote economic development and investment, 25
(c) to provide integration at the decision-making level across 26
all public transport modes, 27
(d) to promote greater efficiency in the delivery of transport 28
infrastructure projects, 29
(e) to promote the safe and reliable delivery of public 30
transport and freight services. 31
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
3E Functions of TfNSW 1
(1) TfNSW has the functions set out in Schedule 1. 2
(2) TfNSW has such other functions as are conferred or imposed on 3
it by or under this or any other Act. 4
(3) The functions of TfNSW do not limit the functions of the 5
Director-General as head of the Department of Transport. 6
(4) TfNSW cannot employ any staff. 7
Note. Staff may be employed under Part 7A in the Transport Service to 8
enable TfNSW to exercise its functions. 9
3F Corporate plan for TfNSW 10
TfNSW is to prepare and make publicly available a corporate 11
plan for the activities of TfNSW in the next 5 financial years. 12
TfNSW is to revise the corporate plan annually. 13
3G Directions by TfNSW to public transport agencies 14
(1) TfNSW may, for the purpose of exercising its functions, give 15
directions to the following bodies in relation to the exercise of 16
their functions: 17
(a) RailCorp, 18
(b) RMS, 19
(c) State Transit Authority, 20
(d) Sydney Ferries, 21
(e) Transport Construction Authority, 22
(f) Country Rail Infrastructure Authority, 23
(g) a public or private subsidiary corporation (as referred to in 24
Part 6B) of any of those bodies. 25
Note. This Act provides that the Chief Executive of a body referred to in 26
paragraphs (a)-(f) is, in managing the affairs of the body, to do so in 27
accordance with any directions of TfNSW under this section. 28
(2) A body referred to in subsection (1) is required to provide 29
TfNSW, at such times and in such form as TfNSW directs, with 30
the following: 31
(a) the operating and capital works budget of the body for the 32
next year and forward years, 33
(b) any other information held by or relating to the body that 34
TfNSW considers is required for the purposes of 35
exercising its functions. 36
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
If a budget of the body is required to be changed as a result of a 1
direction of TfNSW under this section, the body is to provide the 2
revised budget to TfNSW. 3
(3) This section is not subject to any contract under clause 1 (e) of 4
Schedule 1 with a body referred to in subsection (1). 5
3H Review by relevant safety regulator of directions relating to 6
transport safety matters 7
(1) In this section: 8
direction means a direction given by TfNSW under section 3G to 9
a body (a transport authority). 10
relevant safety regulator means: 11
(a) in the case of a direction relating to rail services or 12
infrastructure--the Independent Transport Safety 13
Regulator, or 14
(b) in the case of a direction relating to bus services--the 15
Independent Transport Safety Regulator (but only if the 16
ITSR is, in accordance with an arrangement under section 17
6B of the Passenger Transport Act 1990, assisting TfNSW 18
in connection with the exercise of the functions of TfNSW 19
under that Act in relation to bus services), or 20
(c) in the case of a direction relating to ferry services--Roads 21
and Maritime Services. 22
safety management system of a transport authority means any 23
safety management system that the authority is required to have: 24
(a) under section 9D or 53D of the Passenger Transport Act 25
1990, or 26
(b) under section 12 of the Rail Safety Act 2008. 27
(2) A transport authority may advise TfNSW of the likely impact on 28
its safety management system of compliance with a direction of 29
TfNSW (including whether the authority needs to make 30
appropriate modifications to its safety management system 31
before it is able to comply with the direction). 32
(3) As a result of that advice, TfNSW may: 33
(a) change or revoke the direction, or 34
(b) suspend the direction and request the relevant safety 35
regulator to review the likely impact of the direction. 36
(4) If: 37
(a) TfNSW does not change, revoke or suspend the direction, 38
and 39
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(b) the transport authority considers that as a result of the 1
direction it will not be able to comply with its safety 2
management system, 3
the transport authority may, within 14 days after receiving the 4
direction, request the relevant safety regulator to review the 5
likely impact of the direction. Any such request operates to 6
suspend the direction. 7
(5) The relevant safety regulator is to review the likely impact of the 8
direction on the safety management system within 14 days after 9
being requested to do so, and notify TfNSW and the transport 10
authority of the result of its review. 11
(6) TfNSW may, as a result of the review, confirm, change or revoke 12
the direction. 13
(7) Unless a suspended direction is sooner revoked, the suspension 14
of the direction ceases: 15
(a) at the end of the period of 14 days after the relevant safety 16
regulator is requested to review the likely impact of the 17
direction, or 18
(b) at such time TfNSW decides, as a result of the review, to 19
change or confirm the direction, 20
whichever first occurs. However, TfNSW may extend the 21
suspension beyond the period that it would otherwise cease under 22
this subsection. 23
(8) TfNSW may, without limiting any other provision of this section, 24
request the relevant safety regulator for advice on the safety 25
implications of a direction or proposed direction. 26
3I Delegation of TfNSW's functions 27
(1) TfNSW may delegate to an authorised person any of its functions 28
(including any function delegated to TfNSW), other than this 29
power of delegation. 30
(2) A delegate may sub-delegate to an authorised person any 31
function delegated by TfNSW if the delegate is authorised in 32
writing to do so by TfNSW. 33
(3) In this section, authorised person means: 34
(a) a public transport agency or a member of staff of a public 35
transport agency, or 36
(b) a person of a class prescribed by the regulations. 37
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
3J Acceptance of delegated functions by TfNSW 1
(1) TfNSW may accept a delegation of the functions of a public 2
transport agency. 3
(2) A public transport agency is authorised to delegate any function 4
of the agency to TfNSW. 5
3K Disclosure of information by agencies to TfNSW 6
(1) A public transport agency is authorised to disclose information 7
held by the agency to TfNSW if the disclosure is for the purpose 8
of assisting TfNSW to exercise its functions under this or any 9
other Act or is for the purpose of complying with a requirement 10
imposed by TfNSW. 11
(2) The authority conferred by this section applies despite any 12
provision of any other Act that would otherwise prevent the 13
disclosure of information by the public transport agency 14
concerned. 15
3L Annual report 16
A report under the Annual Reports (Departments) Act 1985 in 17
respect of the Department of Transport may include any report 18
required to be made annually in respect of TfNSW under the 19
Annual Reports (Statutory Bodies) Act 1984. 20
[9] Section 8 Metropolitan rail area access functions 21
Insert after section 8 (1): 22
(1A) TfNSW has responsibility for determining the terms of any 23
standard access agreement to be used by RailCorp in connection 24
with the provision of access pursuant to a rail access undertaking. 25
[10] Sections 11 (4), 16 (1), 17B, 17F (3) (b), 18C (2), 18E (4), 18G (2), 18I (3) (b), 26
19E (2), 19G (3) (b), 28 (1), 31, 35 (3) (b), 35F (4), 35K (1), 35N, 35QA (3) (b), 27
42A (paragraph (e) of the definition of "transport authority"), 42E (4), 42F 28
(1), 42J (d), 44, 55A (a), 55B (3), 66, 104O, 104P (3), 104R (2), 104U, 111 29
(1A), 113 (1) and 122 (definition of "rail authority"), clauses 13 and 16 of 30
Schedule 6A and clause 1 of Schedule 6B (definition of "rail authority") 31
Omit "The Director-General" and "the Director-General" wherever occurring. 32
Insert instead "TfNSW". 33
[11] Sections 16 (1), 18G (2), 19E (2), 28 (1), 35K (1) and 55B (3) 34
Omit "section 3D" wherever occurring. Insert instead "section 3G". 35
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
[12] Section 35C Sydney ferry services 1
Omit section 35C (1)-(3). Insert instead: 2
(1) Sydney Ferries may operate Sydney ferry services. 3
[13] Sections 42A (paragraph (c) of the definition of "transport authority") 4
and 42J (d) 5
Omit "the Maritime Authority of NSW" wherever occurring. 6
Insert instead "RMS". 7
[14] Section 42I 8
Omit the section. Insert instead: 9
42I Power of ITSR to give directions relating to safe operation of 10
transport services 11
(1) The ITSR may give directions to TfNSW relating to the safe 12
operation of transport services and associated matters but only in 13
relation to a function of a kind that was exercisable by the 14
Director-General before 1 July 2010 (being the date of 15
commencement of the Transport Administration Amendment Act 16
2010). 17
(2) The ITSR may give directions to RMS relating to the safe 18
operation of a public passenger service (within the meaning of 19
the Passenger Transport Act 1990) carried on by means of a 20
ferry, and associated matters. 21
(3) If TfNSW or RMS considers that complying with any such 22
direction may cause a significant variation in the funding 23
required for the operations of TfNSW or RMS, TfNSW or RMS 24
must request the ITSR to review the decision. 25
(4) A request for a review must be made within 7 days after the 26
direction is given or within such other reasonable period as the 27
ITSR determines. 28
(5) If TfNSW or RMS requests a review in accordance with this 29
section: 30
(a) TfNSW or RMS (as the case requires) may request the 31
ITSR to provide a written record of the direction if it was 32
not given in writing, and 33
(b) TfNSW or RMS (as the case requires) is not to comply 34
with the direction until notified of the ITSR's decision 35
following the review. 36
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(6) Following the review, the ITSR may confirm or revoke the 1
direction but the ITSR is not to confirm the direction unless: 2
(a) the ITSR has estimated the variation in the financial 3
requirements from the information supplied by TfNSW or 4
RMS, and 5
(b) the ITSR has referred the matter to the Minister, and 6
(c) the Minister, after consultation with the Treasurer, has 7
approved the direction. 8
[15] Section 42P Limitations on Ministerial control of ITSR 9
Omit "section 42I (5)" from section 42P (2) (f). 10
Insert instead "section 42I (6)". 11
[16] Section 42P (2) (g) 12
Omit "section 3E". Insert instead "section 3H". 13
[17] Part 5 Transport Advisory Council 14
Omit "Advisory Council" wherever occurring (including the Part heading). 15
Insert instead "Advisory Board". 16
[18] Section 43 (2) (a), clauses 4 (3) (a) and 5 (3) (a) of Schedule 8A and 17
clauses 4 (3) (a) and 5 (3) (a) of Schedule 9 18
Omit "Transport NSW" wherever occurring. 19
Insert instead "the Department of Transport or of the Transport Service". 20
[19] Section 44 Functions of Advisory Board 21
Omit section 44 (2). 22
[20] Part 6, heading 23
Omit "Roads and Traffic Authority". 24
Insert instead "Roads and Maritime Services". 25
[21] Sections 45E (1) (paragraph (b) of the definition of "traffic route"), 50, 26
52A, 53 (1) (a), 53A, 53B, 53C, 80A, 80B, 80C and 105 (1) 27
Omit "The Authority", "the Authority" and "the Authority's" wherever 28
occurring. 29
Insert instead "RMS", "RMS" and "RMS's", respectively. 30
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
[22] Part 6, Division 1A 1
Omit the Division. Insert instead: 2
Division 1A Constitution and management of Roads and 3
Maritime Services 4
46 Constitution of RMS 5
(1) There is constituted by this Act a corporation with the corporate 6
name of Roads and Maritime Services. 7
(2) RMS is a NSW Government agency. 8
47 Chief Executive of RMS 9
The Director-General may, with the approval of the Minister, 10
appoint a Chief Executive of Roads and Maritime Services. 11
Note. Schedule 2 contains ancillary provisions relating to the Chief 12
Executive of RMS. 13
48 Chief Executive to manage RMS 14
(1) The affairs of RMS are to be managed and controlled by the Chief 15
Executive of RMS in accordance with any directions of TfNSW 16
under section 3G. 17
(2) Any act, matter or thing done in the name of, or on behalf of, 18
RMS by the Chief Executive is taken to have been done by RMS. 19
[23] Part 6, Division 1B, heading 20
Omit "Roads and Traffic Authority". Insert instead "RMS". 21
[24] Section 49A 22
Insert before section 50: 23
49A General functions of RMS 24
(1) RMS has the functions conferred or imposed on it by or under the 25
transport legislation or any other Act. 26
(2) RMS cannot employ any staff. 27
Note. Staff may be employed under Chapter 1A of the Public Sector 28
Employment and Management Act 2002 in the Government Service to 29
enable RMS to exercise its functions. 30
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[25] Section 50 Delegation 1
Omit section 50 (3). Insert instead: 2
(3) In this section, authorised person means: 3
(a) the Director-General, or 4
(b) a member of staff of TfNSW, or 5
(c) a member of staff of RMS, or 6
(d) a person of a class prescribed by the regulations. 7
[26] Section 65 Definitions 8
Omit paragraph (a) of the definition of transport authority. Insert instead: 9
(a) the Department of Transport, 10
(a1) TfNSW, 11
[27] Section 66 Orders providing for transfer of staff of transport authorities 12
Insert after section 66 (3): 13
(4) The transfer of staff under this Division does not give rise to: 14
(a) a breach of a contract of employment, or 15
(b) any claim based on termination of employment. 16
(5) The Industrial Relations Act 1996 does not apply in relation to 17
the transfer of staff under this Division. 18
[28] Section 67 19
Omit the section. Insert instead: 20
67 Terms and conditions of employment on transfer 21
(1) The terms and conditions on which a transferred staff member 22
becomes employed on being transferred by an order under this 23
Division (including terms and conditions as to remuneration, 24
allowances and duration of employment) are, on the transfer date, 25
those applicable to the position to which the staff member is 26
transferred, except as otherwise provided by this section. 27
(2) The amount of the transferred staff member's base salary in the 28
position to which the staff member is transferred is to be 29
whichever of the following amounts is higher from time to time: 30
(a) the amount of the staff member's base salary immediately 31
before the transfer together with any increase in that base 32
salary that would have accrued to the staff member from 33
time to time as a result of progress within the employment 34
grade at which the staff member was employed 35
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
immediately before the transfer or that would have accrued 1
from time to time under an industrial instrument applicable 2
to the staff member's employment immediately before the 3
transfer, 4
(b) the amount of the staff member's base salary in the 5
position to which the staff member is transferred together 6
with any increase in the base salary for that position that 7
accrues from time to time as a result of the operation of an 8
industrial instrument applicable in respect of that position 9
after the transfer. 10
(3) Any entitlement under this section to an increase in base salary 11
ceases if the staff member is promoted to a position with a base 12
salary that is higher than the base salary to which the staff 13
member was entitled under this section immediately before the 14
promotion. 15
(4) In this section, base salary means the remuneration, salary or 16
wages payable to a staff member, including any retention 17
allowance payable to the staff member and the amount of any 18
superannuation contributions payable by the employer on behalf 19
of the staff member, but excluding any other monetary benefits 20
that may otherwise be payable to the staff member. 21
(5) This section does not prevent the terms and conditions of 22
employment of a transferred staff member from being varied. 23
[29] Part 7A 24
Insert after Part 7: 25
Part 7A The Transport Service 26
68B The Transport Service 27
The Transport Service of New South Wales consists of those 28
persons who are employed under this Part by the Government of 29
New South Wales in the service of the Crown. 30
68C Employment of staff in the Transport Service 31
(1) The Government of New South Wales may employ staff under 32
this Part to enable TfNSW to exercise its functions. 33
(2) The Director-General exercises, on behalf of the Government of 34
New South Wales, the employer functions of the Government in 35
relation to the staff employed in the Transport Service. 36
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
68D Salary, conditions etc of staff employed in the Transport Service 1
(1) The Director-General may fix the salary, wages and conditions of 2
employment of staff employed under this Part in so far as they are 3
not fixed by or under any other law. 4
(2) The Director-General may enter into an agreement with any 5
association or organisation representing a group or class of 6
members of the Transport Service with respect to the conditions 7
of employment (including salaries, wages or remuneration) of 8
that group or class in so far as they are not fixed by or under any 9
other law. 10
68E Regulations relating to staff employed in the Transport Service 11
(1) The regulations may make provision for or with respect to the 12
employment of members of the Transport Service, including the 13
conditions of employment and the discipline of any such 14
members. 15
(2) Any such regulations relating to the conditions of employment or 16
the discipline of staff have effect: 17
(a) despite any determination of the Director-General under 18
section 68D (1), and 19
(b) subject to any relevant award made by a competent 20
industrial tribunal and to any industrial agreement to which 21
the Director-General is a party. 22
68F Extended leave entitlements 23
Schedule 3 to the Public Sector Employment and Management 24
Act 2002 applies (with any necessary modifications) to or in 25
respect of the members of the Transport Service in the same way 26
as it applies to officers and temporary employees in the Public 27
Service. 28
Note. Schedule 3A (Recognition of prior government service for public 29
sector employees extended leave entitlements) to the Public Sector 30
Employment and Management Act 2002 also applies to members of the 31
Transport Service (which is a "public sector service" within the meaning 32
of that Act). 33
68G Transport Senior Service 34
(1) The Transport Senior Service comprises the persons holding 35
positions in the Transport Service that have a salary not less than 36
the minimum salary applicable to a Transport Senior Service 37
Level 1 position. 38
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(2) For the purposes of this section, executive position means a 1
position referred to in subsection (1) and executive officer means 2
a person holding such a position. 3
(3) The employment of an executive officer may be governed by, or 4
otherwise be subject to, a contract of employment between the 5
officer and the Director-General. 6
(4) The employment of an executive officer, or any matter, question 7
or dispute relating to any such employment, is not an industrial 8
matter for the purposes of the Industrial Relations Act 1996. 9
(5) Part 6 (Unfair dismissals), Part 7 (Public sector promotion and 10
disciplinary appeals) and Part 9 (Unfair contracts) of Chapter 2 of 11
the Industrial Relations Act 1996 do not apply to or in respect of 12
the employment of an executive officer. 13
(6) Any State industrial instrument (whether made before or after the 14
commencement of this section) does not have effect in so far as 15
it relates to the employment of executive officers. 16
(7) Subsection (6) does not however prevent the Director-General 17
from applying the provisions of an award or industrial agreement 18
(including a determination under section 68D) to the employment 19
of an executive officer. 20
(8) No proceedings for an order in the nature of prohibition, 21
certiorari or mandamus or for a declaration or injunction or for 22
any other relief, lie in respect of the appointment of or failure to 23
appoint a person to an executive position, the entitlement or 24
non-entitlement of a person to be so appointed or the validity or 25
invalidity of any such appointment. 26
(9) This section prevails over any inconsistent provision of any other 27
Act or law or of the terms of appointment of, or contract of 28
employment with, an executive officer. 29
(10) In this section: 30
employment of an executive officer means: 31
(a) the appointment of, or failure to appoint, a person to a 32
vacant executive position, or 33
(b) the removal, retirement, termination of employment or 34
other cessation of office of the executive officer, or 35
(c) any disciplinary proceedings or disciplinary action taken 36
against the executive officer, or 37
(d) the remuneration or conditions of employment of the 38
executive officer. 39
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
68H Transfer of staff within the Transport Service 1
(1) The Director-General may, subject to this section, transfer a 2
member of the Transport Service to another position within the 3
Transport Service, following consultation with the member of 4
staff. 5
(2) The following provisions apply to the transfer of a person under 6
this section: 7
(a) the transfer is to be made at the person's existing level of 8
remuneration, unless the person consents to the transfer at 9
a lower level of remuneration, 10
(b) the Director-General must be satisfied that the person 11
possesses the essential qualifications specified for the 12
other position and the work assigned to the other position 13
is appropriate to the skills and qualifications of the person. 14
(3) If a person refuses a transfer under this section, the 15
Director-General may, if satisfied that the person has no valid 16
reason for refusing the transfer, dismiss the person from the 17
Transport Service. 18
68I Incapable staff member may be retired 19
If: 20
(a) a member of the Transport Service is found on medical 21
grounds to be unfit to discharge or incapable of 22
discharging his or her duties as such a member, and 23
(b) the person's unfitness or incapacity: 24
(i) appears likely to be of a permanent nature, and 25
(ii) has not arisen from actual misconduct on the part of 26
the person, or from causes within the person's 27
control, 28
the Director-General may cause the person to be retired. 29
68J Operation of privacy legislation 30
Any staff who are employed under this Part in the Transport 31
Service are, for the purposes of the Privacy and Personal 32
Information Protection Act 1998 and the Health Records and 33
Information Privacy Act 2002, taken to be part of TfNSW. 34
68K Miscellaneous provisions relating to civil liability 35
(1) Part 5 of the Workers Compensation Act 1987 applies to work 36
injury damages recoverable from the Government of New South 37
Wales, and to work injury damages recoverable from TfNSW, by 38
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
or in respect of a person employed in the Transport Service. That 1
Part so applies as if TfNSW: 2
(a) were an employer of the person in addition to the 3
Government, and 4
(b) were an employer liable to pay compensation under that 5
Act. 6
(2) A policy of insurance may be issued to the Government of New 7
South Wales under the Workers Compensation Act 1987 that is 8
limited to workers employed in the Transport Service. 9
(3) If: 10
(a) a person is employed in the Transport Service, and 11
(b) the Government of New South Wales is, as the person's 12
employer, proceeded against for any negligence or other 13
tort of the person (whether the damages are recoverable in 14
an action for tort or breach of contract or in any other 15
action), and 16
(c) TfNSW is entitled under a policy of insurance or 17
indemnity to be indemnified in respect of liability that 18
TfNSW may incur in respect of that negligence or other 19
tort, 20
the Government is subrogated to the rights of TfNSW under that 21
policy in respect of the liability incurred by the Government 22
arising from that negligence or other tort. 23
(4) In this section: 24
work injury damages means damages recoverable from TfNSW 25
or the Government of New South Wales in respect of injury to or 26
the death of a person employed in the Transport Service caused 27
by the negligence or other tort of TfNSW or the Government and 28
arising out of the employment of the person by the Government, 29
whether the damages are recoverable in an action for tort or 30
breach of contract or in any other action, but does not include 31
motor accident damages to which Chapter 5 of the Motor 32
Accidents Compensation Act 1999 applies. 33
68L Construction of references relating to staff 34
In this or any other Act, or in any instrument made under this or 35
any other Act or in any other instrument of any kind, a reference 36
to a member of staff or employee (however described) of TfNSW 37
is to be read as a reference to a member of the Transport Service. 38
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
68M Delegation of Director-General's functions under this Part 1
The Director-General may delegate any of the 2
Director-General's functions under this Part (other than this 3
power of delegation) to a member of the Transport Service or a 4
member of staff of the Department of Transport. 5
[30] Section 70 Payments into RailCorp Fund 6
Omit section 70 (c) (i). Insert instead: 7
(i) appropriated by Parliament for the purposes of 8
TfNSW and allocated to RailCorp by TfNSW, or 9
[31] Section 72B Payments into TCA Fund 10
Omit section 72B (c) (i). Insert instead: 11
(i) appropriated by Parliament for the purposes of 12
TfNSW and allocated to the Transport Construction 13
Authority by TfNSW, or 14
[32] Section 74 Payments into State Transit Authority Fund 15
Omit section 74 (b1) (i). Insert instead: 16
(i) appropriated by Parliament for the purposes of 17
TfNSW and allocated to the State Transit Authority 18
by TfNSW, or 19
[33] Part 8, Division 2A 20
Insert after Division 2: 21
Division 2A Financial provisions relating to Transport for 22
NSW 23
76A TfNSW Fund 24
There is established in the Special Deposits Account a fund 25
called the Transport for NSW Fund (the TfNSW Fund). 26
76B Payments into TfNSW Fund 27
There is to be paid into the TfNSW Fund: 28
(a) all money received by or on account of Transport for 29
NSW, and 30
(b) all money advanced to Transport for NSW by the 31
Treasurer, and 32
(c) all money appropriated by Parliament for the purposes of 33
Transport for NSW, and 34
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(d) all other money required by or under this or any other Act 1
to be paid into the TfNSW Fund. 2
76C Payments from TfNSW Fund 3
There is to be paid from the TfNSW Fund: 4
(a) all payments made on account of Transport for NSW or 5
otherwise required to meet expenditure incurred in relation 6
to the functions of TfNSW, and 7
(b) all other payments required by or under this or any other 8
Act to be paid from the TfNSW Fund. 9
[34] Part 8, Division 3, heading 10
Omit "Roads and Traffic Authority". 11
Insert instead "Roads and Maritime Services". 12
[35] Section 77 13
Omit the section. Insert instead: 14
77 RMS Fund 15
There is established in the Special Deposits Account in the 16
Treasury a fund called the Roads and Maritime Services Fund 17
(the RMS Fund). 18
[36] Sections 78-80, 80B (4) and 106A (3) 19
Omit "Roads and Traffic Authority Fund" wherever occurring. 20
Insert instead "RMS Fund". 21
[37] Section 78 Payments into RMS Fund 22
Omit section 78 (1) (a) (ii). Insert instead: 23
(ii) appropriated by Parliament for the purposes of 24
TfNSW and allocated to RMS by TfNSW, or 25
[38] Section 79 Payments from RMS Fund 26
Omit section 79 (a). Insert instead: 27
(a) all payments made on account of RMS or otherwise 28
required to meet expenditure incurred in relation to the 29
functions of RMS, and 30
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[39] Section 79 (2) 1
Insert at the end of section 79: 2
(2) Payments for any non-capital expenditure that is prescribed by 3
the regulations under section 78 (1) (a) are not to be paid from the 4
RMS Fund. 5
[40] Section 80E Payments into Sydney Ferries Fund 6
Omit section 80E (c) (i). Insert instead: 7
(i) appropriated by Parliament for the purposes of 8
TfNSW and allocated to Sydney Ferries by TfNSW, 9
or 10
[41] Section 80H Payments into CRIA Fund 11
Omit section 80H (c) (i). Insert instead: 12
(i) appropriated by Parliament for the purposes of 13
TfNSW and allocated to the Country Rail 14
Infrastructure Authority by TfNSW, or 15
[42] Section 81A Definition 16
Insert after paragraph (a) of the definition of Authority: 17
(a1) TfNSW, 18
[43] Section 89 Definitions 19
Insert ", TfNSW" after "RailCorp" in the definition of rail authority. 20
[44] Section 99D Network control 21
Insert at the end of section 99D (1): 22
Note. TfNSW has responsibility for determining the Standard Working 23
Timetable in the metropolitan rail area. See clause 5 of Schedule 1. 24
[45] Section 99D (5) (a) and (b) 25
Omit "priority" wherever occurring. Insert instead "reasonable priority". 26
[46] Section 99D (5) (c) 27
Insert at the end of section 99D (5) (b): 28
, and 29
(c) allocate priority between rail passenger services and 30
freight services consistently with the requirements of any 31
agreement between the Commonwealth and the State or 32
TfNSW for the funding of railway infrastructure that is 33
part of the NSW rail network. 34
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
[47] Part 9, Division 2A, heading 1
Omit "Miscellaneous provisions relating to Director-General". 2
Insert instead "Special provisions relating to light rail". 3
[48] Part 9, Division 2A 4
Omit Subdivision 1 and the heading to Subdivision 2. 5
[49] Section 104R Easements etc for light rail system 6
Omit "under Subdivision 1" from section 104R (2). 7
[50] Part 9, Division 3, heading 8
Omit "Roads and Traffic Authority". Insert instead "RMS". 9
[51] Section 107 Definition of "transport authority" 10
Insert after section 107 (1) (a1): 11
(a2) TfNSW, or 12
[52] Section 107 (3) 13
Omit the subsection. 14
[53] Section 109 Seals of Authorities 15
Insert after paragraph (a) of the definition of Authority in section 109 (2): 16
(a1) TfNSW, 17
[54] Section 112 Personal liability of certain persons 18
Omit "the Roads and Traffic Authority" from the definition of member of a 19
transport authority in section 112 (2). 20
Insert instead "RMS, the Director-General". 21
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
[55] Schedule 1 1
Insert as Schedule 1: 2
Schedule 1 Functions of Transport for NSW 3
Part 1 General functions 4
1 General functions of TfNSW 5
TfNSW has the following general functions: 6
(a) Transport planning and policy 7
Transport planning and policy, including for integrated rail 8
network, road network, maritime operations and maritime 9
transport and land use strategies for metropolitan and 10
regional areas. 11
(b) Transport public funding 12
The administration of the allocation of public funding for 13
the transport sector, including the determination of 14
budgets and programs across that sector. 15
(c) Transport infrastructure 16
The planning, oversight and delivery of transport 17
infrastructure in accordance with integrated transport and 18
land use strategies and available financial resources, 19
including prioritising of expenditure and projects across 20
the transport system. 21
(d) Capital works programs and budgets 22
Co-ordination of capital works programs and budgets 23
across the transport sector. 24
(e) Contracting for the delivery of transport services 25
Contracting, on behalf of the State, with public transport 26
agencies or the private sector, for the delivery of transport 27
services, including the setting of performance targets and 28
service standards. 29
(f) Transport services co-ordination 30
The co-ordination of transport services, including 31
timetabling for transport services and providing for 32
effective transport interchanges. 33
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(g) Incident management 1
The management of incidents affecting the efficiency of 2
road and public transport networks, including the 3
co-ordination of communications with and responses by 4
relevant agencies. 5
(h) Transport information 6
The provision of information about transport services and 7
transport infrastructure to assist people to use those 8
services or infrastructure. 9
(i) Provision and deployment of staff and services 10
The provision of corporate and shared services to public 11
transport agencies and the deployment of staff to public 12
transport agencies and the Department of Transport. 13
(j) Ticketing for transport services 14
The provision of integrated ticketing arrangements for 15
transport services, and regulating the types of tickets and 16
other ticketing arrangements for the setting of fares for 17
transport services. 18
(k) Precinct land planning 19
Assisting the Minister for Planning and Infrastructure and 20
other relevant agencies with the preparation of precinct 21
plans for the development of land for, or in the vicinity of, 22
public transport stations or wharves and transport 23
interchanges. 24
(l) Procurement 25
Co-ordinating and carrying out the procurement of 26
transport infrastructure and transport vehicles, rolling 27
stock and vessels. 28
2 Advice and recommendations to the Minister 29
(1) The transport policy and planning function of TfNSW includes 30
the function of advising, assisting and making recommendations 31
to the Minister in connection with the following: 32
(a) the development of policy (including regulatory policy) 33
for or in connection with the implementation or 34
enforcement of the transport legislation, 35
(b) the development of policy (including regulatory policy) 36
for promoting and improving road safety, road travel 37
efficiency and road traffic management, 38
(c) policy and planning for or in connection with ports and 39
maritime matters, 40
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(d) the initiation, development and implementation of 1
proposals for the amendment of the transport legislation 2
and other legislation relevant to the functions of TfNSW. 3
(2) In this clause, a reference to the Minister includes a reference to 4
any Minister administering any provision of the transport 5
legislation or other legislation relevant to the functions of 6
TfNSW. 7
Part 2 Transport functions 8
3 Transport infrastructure development 9
(1) TfNSW may: 10
(a) develop, establish, hold, manage and maintain transport 11
infrastructure on behalf of the State, and 12
(b) hold, manage, maintain and establish assets associated 13
with transport infrastructure developed or proposed to be 14
developed by TfNSW, and 15
(c) make and enter into leases or licences, or other 16
arrangements, with persons for developing transport 17
infrastructure, and 18
(d) provide goods and services to the bus, rail, ferry or other 19
transport industries. 20
(2) In this clause, a reference to developing transport infrastructure 21
includes: 22
(a) carrying out development for the purposes of or incidental 23
to transport infrastructure (including development of land 24
in the vicinity of transport infrastructure), and 25
(b) facilitating, managing, financing or maintaining any such 26
development, and 27
(c) carrying out any function ancillary to any such 28
development. 29
(3) In this clause: 30
development means development within the meaning of the 31
Environmental Planning and Assessment Act 1979 or an activity 32
within the meaning of Part 5 of that Act. 33
transport infrastructure includes: 34
(a) infrastructure associated with the use or operation of 35
transport infrastructure, and 36
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(b) retail, commercial and residential development associated 1
with or developed in conjunction with transport 2
infrastructure. 3
4 Road safety, road travel efficiency and road traffic management 4
(1) TfNSW may: 5
(a) conduct testing, research and investigations in connection 6
with promoting or improving road safety, road travel 7
efficiency and road traffic management, and 8
(b) develop and implement programs, projects, strategies and 9
campaigns for promoting or improving road safety, road 10
travel efficiency and road traffic management, and 11
(c) provide advice and assistance to public and local 12
authorities for the promotion or improvement of road 13
safety, road travel efficiency and road traffic management. 14
(2) In this clause, road safety refers to safety in connection with 15
roads, road vehicles and all aspects of road usage. 16
5 Standard Working Timetable 17
(1) TfNSW has responsibility for determining the Standard Working 18
Timetable for the delivery of transport services by public 19
transport agencies for all modes of transport in the metropolitan 20
rail area. TfNSW may alter or replace the Standard Working 21
Timetable from time to time. 22
(2) The Standard Working Timetable is the timetable that provides 23
the specifications for the following aspects of the daily provision 24
of rail, bus and ferry services by public transport agencies: 25
(a) frequency of services, 26
(b) daily service periods (that is, the times of first and last 27
services), 28
(c) size and carrying capacity of the trains, buses and ferries to 29
be used to provide services, 30
(d) movement of trains, buses and ferries when not in service, 31
(e) access and non-operational times for maintenance and 32
other operational purposes. 33
(3) TfNSW is to determine the Standard Working Timetable 34
(including any alteration or replacement of that timetable) in 35
consultation with the public transport agencies concerned. 36
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(4) The Standard Working Timetable (as in force from time to time) 1
is to be adopted by all public transport agencies as the timetable 2
for the delivery of the transport services for which they are 3
responsible. 4
(5) The Standard Working Timetable does not operate to prevent 5
timetable changes due to incident management or maintenance. 6
(6) This clause overrides section 99D (Network control) and any 7
order under that section, to the extent of any inconsistency with 8
this clause. 9
6 Provision of rail access 10
TfNSW may provide persons with access under the current NSW 11
rail access undertaking to the part of the NSW rail network vested 12
in or owned by TfNSW and that is not subject to an ARTC lease 13
or licence. 14
7 Community transport schemes 15
TfNSW may allocate funding for and administer or arrange for 16
the administration of any scheme approved by the Minister for 17
the provision of community transport schemes and services. 18
8 Government subsidised travel schemes 19
(1) TfNSW is to administer, or arrange for the administration of, any 20
scheme approved by the Minister for Government subsidised 21
travel on passenger services. 22
(2) If the regulations so provide, persons of a class prescribed by the 23
regulations are not entitled to subsidised travel under any such 24
scheme. This subclause applies despite any approval or direction 25
of the Minister or the Anti-Discrimination Act 1977. 26
(3) Payments required to be made in accordance with any such 27
scheme are to be made from such money as may be provided by 28
Parliament for the purpose. 29
Part 3 Ancillary functions 30
9 Power to contract 31
(1) TfNSW may make or enter into contracts or arrangements with 32
any person in connection with the exercise of TfNSW's 33
functions. 34
(2) This clause does not limit the operation of any provision of the 35
Passenger Transport Act 1990. 36
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
10 Sale, lease or other disposal of land 1
TfNSW may sell, lease or otherwise dispose of any of TfNSW's 2
land. 3
11 Acquisition of land 4
(1) TfNSW may, for the purpose of the exercise of TfNSW's 5
functions, acquire land (including an interest in land) by 6
agreement or by compulsory process in accordance with the Land 7
Acquisition (Just Terms Compensation) Act 1991. 8
(2) The other purposes for which land may be acquired under 9
subclause (1) include for the purposes of a future sale, lease or 10
disposal, that is, to enable TfNSW to exercise its functions in 11
relation to land under this Act. 12
(3) An acquisition of land under this clause is not void merely 13
because it is expressed to be for the purposes of exercising the 14
functions of TfNSW or for the purposes of this Act. 15
(4) Without limiting the generality of this clause, the purposes for 16
which land may be acquired under this clause include acquiring 17
land for future use for transport infrastructure or services. 18
12 Application of Public Works Act 1912 19
(1) For the purposes of the Public Works Act 1912, any acquisition 20
of land under clause 11 is taken to be for an authorised work and 21
TfNSW is, in relation to the authorised work, taken to be the 22
Constructing Authority. 23
(2) Part 3 of the Public Works Act 1912 does not apply in respect of 24
works constructed for the purposes for which the land was 25
acquired. 26
13 Other functions concerning land 27
(1) TfNSW may, with the consent of the owner of any land, exercise 28
in relation to the land any function that TfNSW could so exercise 29
if TfNSW were the owner of the land. 30
(2) TfNSW may exercise in relation to any land in which TfNSW 31
holds an interest any function that a private individual could so 32
exercise if the private individual were the holder of the interest. 33
14 Regulations 34
(1) The regulations may make provision for or with respect to 35
passenger transport facilities (including light rail systems) 36
provided in the exercise of TfNSW's functions. 37
Page 29
Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(2) In particular, the regulations may make provision for or with 1
respect to: 2
(a) the terms and conditions on which passengers or other 3
persons use those facilities, and 4
(b) the use of and access to those facilities, and 5
(c) the protection and preservation of those facilities, and 6
(d) the security, safety and order of persons using those 7
facilities. 8
[56] Schedule 3 Provisions relating to Transport Advisory Council 9
Omit "Advisory Council" wherever occurring (including the Schedule 10
heading). 11
Insert instead "Advisory Board". 12
[57] Schedule 4 Transfer of assets, rights and liabilities 13
Omit the note at the end of clause 2 (1). 14
[58] Schedule 6A Powers relating to rail infrastructure facilities and land 15
Insert after paragraph (a) of the definition of owner in clause 1: 16
(a1) in the case of any land, rail infrastructure facilities or any 17
railway building that is managed or controlled by TfNSW 18
for the purposes of exercising its functions under this Act, 19
TfNSW, or 20
[59] Schedule 6A, clause 1, definition of "rail authority" 21
Insert "or TfNSW" after "RailCorp" in paragraph (a). 22
[60] Schedule 6A, clause 1B 23
Insert after clause 1A: 24
1B TfNSW's rail infrastructure facilities 25
(1) TfNSW is the owner of all rail infrastructure facilities installed in 26
or on land, in or on rivers and other waterways and in or on the 27
beds of rivers and waterways by TfNSW and of all rail 28
infrastructure facilities vested in or transferred to TfNSW 29
(whether or not the place on which the facilities are situated is 30
owned by TfNSW). 31
(2) This clause does not apply to rail infrastructure facilities 32
transferred to RailCorp. 33
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
[61] Schedule 6A, clause 2A RailCorp's rail infrastructure facilities 1
Insert after clause 2A (3): 2
(4) This clause is subject to any interest of TfNSW in rail 3
infrastructure facilities. 4
[62] Schedule 6A, clause 2C Changes in ownership of rail infrastructure 5
facilities arising from changes to areas 6
Omit clause 2C (5). Insert instead: 7
(5) This clause is subject to any interest of TfNSW or the Transport 8
Construction Authority in rail infrastructure facilities in the 9
metropolitan rail area. 10
[63] Schedule 7 Savings, transitional and other provisions 11
Insert at the end of clause 2 (1): 12
Transport Legislation Amendment Act 2011 13
[64] Schedule 7 14
Insert at the end of the Schedule: 15
Part 20 Provisions consequent on enactment of 16
Transport Legislation Amendment Act 17
2011 18
Division 1 Preliminary 19
181 Interpretation 20
In this Part: 21
amending Act means the Transport Legislation Amendment 22
Act 2011. 23
Division 2 General provisions 24
182 Transfer of assets, rights and liabilities of Director-General to 25
TfNSW 26
(1) The assets, rights and liabilities of the Director-General of the 27
Department of Transport acquired or incurred in the exercise of a 28
function under the transport legislation, or in connection with the 29
execution or administration of that legislation, before the 30
commencement of this clause are, on the commencement of this 31
clause, transferred to TfNSW. 32
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Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
(2) Schedule 4 applies to the transfer of the assets, rights and 1
liabilities of the Director-General by the operation of this clause 2
and so applies as if this clause were an order to which that 3
Schedule applies when this clause takes effect. 4
(3) The Minister may by order in writing exempt specified assets, 5
rights and liabilities from the operation of this clause. 6
183 Abolition of Roads and Traffic Authority 7
(1) The Roads and Traffic Authority of New South Wales is 8
abolished. 9
(2) The assets, rights and liabilities of the Roads and Traffic 10
Authority are, on the abolition of that Authority, transferred to 11
Roads and Maritime Services. 12
(3) Schedule 4 applies to the transfer of the assets, rights and 13
liabilities of the Roads and Traffic Authority by the operation of 14
this clause and so applies as if this clause were an order to which 15
that Schedule applies when this clause takes effect. 16
(4) A reference in any Act (other than this Act), in any instrument 17
made under any Act or in any document of any kind to the Roads 18
and Traffic Authority is to be construed as a reference to Roads 19
and Maritime Services. 20
(5) The Roads and Maritime Services Fund is a continuation of the 21
Roads and Traffic Authority Fund. 22
184 Abolition of Roads and Traffic Authority Division 23
(1) The Roads and Traffic Authority Division of the Government 24
Service is abolished as a Division of the Government Service. 25
(2) A person who was employed in the Roads and Traffic Authority 26
Division immediately before the abolition of that Division 27
becomes employed in the Roads and Maritime Services Division 28
of the Government Service on the commencement of this clause. 29
(3) The terms and conditions on which a person becomes employed 30
in the Roads and Maritime Services Division under this clause 31
(including terms and conditions as to remuneration, allowances 32
and duration of employment) are, until such time as provision is 33
otherwise made under this Act or any other law, those on which 34
the person was employed immediately before the 35
commencement of this clause. 36
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Transport Legislation Amendment Bill 2011
Amendment of Transport Administration Act 1988 No 109 Schedule 1
(4) Division 4 of Part 7 of this Act applies in relation to persons who 1
become employed in the Roads and Maritime Services Division 2
under this clause in the same way as that Division applies to 3
persons who are transferred under that Division. 4
185 Transfer of assets, rights and liabilities of Maritime Authority 5
(1) The assets, rights and liabilities of the Maritime Authority of 6
NSW are, on the abolition of that Authority by the amending Act, 7
transferred to Roads and Maritime Services. 8
(2) Schedule 4 applies to the transfer of the assets, rights and 9
liabilities of the Maritime Authority of NSW by the operation of 10
this clause and so applies as if this clause were an order to which 11
that Schedule applies when this clause takes effect. 12
186 Transfer of licences and other authorisations 13
(1) This clause applies to an authorisation granted to a public 14
transport agency under an Act or statutory rule and in force 15
immediately before the commencement of this clause. 16
Note. Acts under which authorisations are granted to public transport 17
agencies include the Environmental Planning and Assessment Act 18
1979, Home Building Act 1989, National Parks and Wildlife Act 1974, 19
Protection of the Environment Operations Act 1997, Sydney Harbour 20
Foreshore Authority Act 1998 and Sydney Water Act 1994. 21
(2) An authorisation is, to the extent that it relates to transferred 22
functions or assets of a transferee agency, taken to be held by the 23
transferee agency on the same terms and conditions as the public 24
transport agency held the authorisation immediately before the 25
commencement of this clause. 26
(3) The regulations may exempt an authorisation from the operation 27
of this clause. 28
(4) This clause does not prevent an authorisation from being varied, 29
cancelled or replaced. 30
(5) In this clause: 31
authorisation includes a licence, permit, approval or consent. 32
public transport agency includes a body that was a public 33
transport agency immediately before its abolition by the 34
amending Act. 35
transferee agency means TfNSW or RMS. 36
Page 33
Transport Legislation Amendment Bill 2011
Schedule 1 Amendment of Transport Administration Act 1988 No 109
transferred functions or assets of a transferee agency means 1
functions conferred on, or assets, rights or liabilities vested in, the 2
transferee agency by or under this Act, that were, immediately 3
before the conferral or vesting, conferred on, or vested in, a 4
public transport agency. 5
187 Transfer of staff of transport authorities under Division 4 of Part 6
7--preservation of employment terms and conditions 7
(1) Section 67 (as in force immediately before the amendment of that 8
section by the amending Act) continues to apply to and in respect 9
of the transfer of a member of staff of a transport authority under 10
section 66 before the commencement of the amendment. 11
(2) The Transport NSW (Transport Agencies Conditions of 12
Employment) Award made by the Industrial Relations 13
Commission does not apply to or in respect of the transfer of a 14
member of staff of a transport authority under section 66 after the 15
commencement of this clause. 16
188 Existing awards do not apply to members of Transport Service 17
Any award or order of the Industrial Relations Commission in 18
force immediately before the commencement of Part 7A of this 19
Act does not apply to any member of the Transport Service. 20
[65] Clause 4 (4) of Schedule 8A and clause 4 (4) of Schedule 9 21
Omit "section 3C (General functions of Director-General)" wherever 22
occurring. 23
Insert instead "clause 1 of Schedule 1 (General functions of TfNSW)". 24
[66] Clause 7 of Schedule 8A and clause 7 of Schedule 9 25
Omit "Transport NSW" wherever occurring. 26
Insert instead "the Department of Transport". 27
[67] Schedule 9 Public Transport Ticketing Corporation 28
Insert after clause 7: 29
7A Transfer of assets, rights and liabilities 30
Section 94 and Schedule 4 apply to and in respect of the Public 31
Transport Ticketing Corporation as if the Corporation were a rail 32
authority under section 94. 33
Page 34
Transport Legislation Amendment Bill 2011
Amendment of Ports and Maritime Administration Act 1995 No 13 Schedule 2
Schedule 2 Amendment of Ports and Maritime 1
Administration Act 1995 No 13 2
[1] Long title 3
Omit "to establish the Maritime Authority of NSW". 4
Insert instead "to enable Roads and Maritime Services". 5
[2] Section 3 Definitions 6
Omit the definition of the Authority from section 3 (1). Insert instead: 7
the Authority means Roads and Maritime Services constituted 8
under the Transport Administration Act 1988. 9
[3] Section 26 Management of trading ports not managed by Port 10
Corporations 11
Omit the note to the section. 12
[4] Section 26 (4)-(6) 13
Insert after section 26 (3): 14
(4) The Minister may, by order in writing, direct that such assets, 15
rights and liabilities of any commercial port facilities managed by 16
the Minister under this section as are specified or referred to in 17
the order be transferred to a Port Corporation so specified. 18
Schedule 1 applies to such an order. 19
(5) Assets, rights or liabilities may not be transferred under this 20
section to a Port Corporation unless the Port Corporation is a 21
statutory State owned corporation. 22
(6) Section 20C of the State Owned Corporations Act 1989 does not 23
apply to the transfer of assets, rights or liabilities under this 24
section. 25
[5] Section 34 26
Insert after section 33: 27
34 Maritime Advisory Council 28
(1) The Minister may, subject to and in accordance with the 29
regulations, establish a Maritime Advisory Council. 30
(2) The members of the Maritime Advisory Council are to be 31
appointed by the Minister in accordance with the regulations. 32
(3) The regulations may make provision for or with respect to the 33
membership and procedure of the Maritime Advisory Council. 34
Page 35
Transport Legislation Amendment Bill 2011
Schedule 2 Amendment of Ports and Maritime Administration Act 1995 No 13
(4) The Maritime Advisory Council has the following functions: 1
(a) to advise the Minister on any matter that is referred to it by 2
the Minister in connection with the operation of the marine 3
legislation, 4
(b) to advise and make recommendations to the Minister on 5
maritime safety and on expenditure priorities for the 6
exercise of the Authority's functions in connection with 7
maritime infrastructure and maritime research. 8
[6] Part 4, heading 9
Omit "Maritime Authority of NSW". 10
Insert instead "Functions etc of Roads and Maritime Services". 11
[7] Part 4, Division 1 Constitution and management of Authority 12
Omit the Division. 13
[8] Section 41 Functions of Authority 14
Omit "principal functions" from section 41 (1). 15
Insert instead "principal maritime functions". 16
[9] Section 41 (1) (b) 17
Omit the paragraph. 18
[10] Section 41A Delegation of functions by Authority 19
Omit the section. 20
[11] Section 42 Waterways Fund 21
Omit section 42 (2) (a), (d) and (e). Insert instead, respectively: 22
(a) all money received by the Authority in connection with the 23
exercise of its functions under section 41, and 24
(d) all money borrowed by the Authority in connection with 25
the exercise of its functions under section 41, and 26
(e) all money appropriated by Parliament for the purposes of 27
the Authority in connection with the exercise of its 28
functions under section 41, and 29
Page 36
Transport Legislation Amendment Bill 2011
Amendment of Ports and Maritime Administration Act 1995 No 13 Schedule 2
[12] Section 42 (4) 1
Omit the subsection. Insert instead: 2
(4) There is payable from the Waterways Fund: 3
(a) all payments made on account of the Authority in respect 4
of its functions under this Act or otherwise required to 5
meet the expenditure incurred in relation to the functions 6
of the Authority under this Act, and 7
(b) the remuneration (including allowances) of staff of the 8
Authority engaged in the administration of this Act, and 9
(c) all money directed to be paid from the Fund by this or any 10
other Act. 11
[13] Section 44 Financial year of Authority 12
Omit the section. 13
[14] Section 46 Seal of Authority 14
Omit the section. 15
[15] Section 107 Combined financial and other reporting by Authority and 16
Minister's Department 17
Omit the section. 18
[16] Schedule 1, heading 19
Omit the heading. Insert instead: 20
Schedule 1 Transfer of assets, rights and 21
liabilities 22
[17] Schedule 1, clause 2 23
Insert after clause 2 (1) (b): 24
(b1) an order under section 26 transferring assets, rights or 25
liabilities of commercial port facilities to a Port 26
Corporation, 27
Page 37
Transport Legislation Amendment Bill 2011
Schedule 2 Amendment of Ports and Maritime Administration Act 1995 No 13
[18] Schedule 5 Savings, transitional and other provisions 1
Omit clause 1 (1). Insert instead: 2
(1) The regulations may contain provisions of a savings or 3
transitional nature consequent on the enactment of the following 4
Acts: 5
this Act 6
Transport Legislation Amendment Act 2011 (but only in relation 7
to amendments to this Act) 8
[19] Schedule 5, clause 1 (3) 9
Omit "this Act". Insert instead "the Act concerned". 10
[20] Schedule 5 11
Insert after Part 3: 12
Part 4 Provisions consequent on Transport 13
Legislation Amendment Act 2011 14
18 Interpretation 15
In this Part: 16
amending Act means the Transport Legislation Amendment Act 17
2011. 18
19 Abolition of Maritime Authority 19
(1) The Maritime Authority of NSW is abolished. 20
(2) A reference in any Act (other than this Act), in any instrument 21
made under any Act or in any document of any kind to the 22
Maritime Authority of NSW is to be construed as a reference to 23
Roads and Maritime Services. 24
Note. Schedule 7 to the Transport Administration Act 1988 provides for 25
the transfer of the assets, rights and liabilities of the Maritime Authority 26
to Roads and Maritime Services. 27
20 Abolition of Maritime Authority of NSW Division 28
(1) The Maritime Authority of NSW Division of the Government 29
Service is abolished as a Division of the Government Service. 30
(2) A person who was employed in the Maritime Authority of NSW 31
Division immediately before the abolition of that Division 32
becomes employed in the Roads and Maritime Services Division 33
of the Government Service on the commencement of this clause. 34
Page 38
Transport Legislation Amendment Bill 2011
Amendment of Ports and Maritime Administration Act 1995 No 13 Schedule 2
(3) The terms and conditions on which a person becomes employed 1
in the Roads and Maritime Services Division under this clause 2
(including terms and conditions as to remuneration, allowances 3
and duration of employment) are, until such time as provision is 4
otherwise made under this Act or any other law, those on which 5
the person was employed immediately before the 6
commencement of this clause. 7
(4) Division 4 of Part 7 of the Transport Administration Act 1988
applies in relation to persons who become employed in the Roads 9
8
and Maritime Services Division under this clause in the same 10
way as that Division applies to persons who are transferred under 11
that Division. 12
21 Transfer of Yamba and Eden ports staff 13
(1) The Minister may, by order in writing, provide that such 14
members of staff of the Roads and Maritime Services Division as 15
are employed at the ports of Yamba and Eden and as are specified 16
or described in the order are transferred to a Port Corporation 17
specified in the order. 18
(2) A person who is the subject of an order under this clause becomes 19
an employee of the specified Port Corporation, in accordance 20
with the terms of the order, on the day the order takes effect. 21
(3) The provisions of section 66 (4) and (5) of the Transport 22
Administration Act 1988 apply in relation to a transfer under this 23
clause in the same was as those provisions apply to a transfer 24
under Division 4 of Part 7 of that Act. 25
(4) A person whose employment is transferred to a Port Corporation 26
under this clause is not entitled to receive any payment or other 27
benefit merely because the person ceases to be a member of the 28
staff of the Roads and Maritime Services Division and is not 29
entitled to claim, both under this Act and under any other Act, 30
dual benefits of the same kind for the same period of service. 31
(5) For the purposes of this clause, the ports of Yamba and Eden are 32
the commercial port facilities at Yamba and Eden that are vested 33
in the Authority or another State authority and subject to the 34
management of the Minister under section 26 of this Act. 35
Page 39
Transport Legislation Amendment Bill 2011
Schedule 3 Amendments relating to the abolition of Transport Construction Authority
Schedule 3 Amendments relating to the abolition of 1
Transport Construction Authority 2
3.1 Transport Administration Act 1988 No 109 3
[1] Section 3 Definitions 4
Omit the definition of Transport Construction Authority from section 3 (1). 5
[2] Section 3, definition of "public transport agency" (as inserted by 6
Schedule 1 to this Act) 7
Omit "the Transport Construction Authority,". 8
[3] Section 3, definition of "rail infrastructure owner" 9
Omit "the Transport Construction Authority" wherever occurring in 10
paragraph (a). 11
Insert instead "TfNSW". 12
[4] Section 3B Ministerial responsibility and delegation 13
Omit section 3B (1) (e). 14
[5] Section 3G Directions by TfNSW to public transport agencies (as 15
inserted by Schedule 1 to this Act) 16
Omit section 3G (1) (e). 17
[6] Part 2A Transport Construction Authority 18
Omit the Part. 19
[7] Section 42A Definitions 20
Omit paragraph (d1) of the definition of transport authority. 21
[8] Section 55A Definition of "transport authority" 22
Omit paragraph (f) of the definition of transport authority. 23
[9] Part 7, Division 2A Staff of Transport Construction Authority 24
Omit the Division. 25
[10] Section 65 Definitions 26
Omit paragraph (f) of the definition of transport authority. 27
Page 40
Transport Legislation Amendment Bill 2011
Amendments relating to the abolition of Transport Construction Authority Schedule 3
[11] Part 8, Division 1A Financial provisions relating to Transport 1
Construction Authority 2
Omit the Division. 3
[12] Section 81A Definition 4
Omit paragraph (e) of the definition of Authority. 5
[13] Section 88A Definitions 6
Omit "the Transport Construction Authority" from the definition of rail 7
authority. 8
Insert instead "TfNSW". 9
[14] Section 89 Definitions 10
Omit "the Transport Construction Authority," from the definition of rail 11
authority. 12
[15] Section 107 Definition of "transport authority" 13
Omit paragraph (c2) of the definition of transport authority in section 107 (1). 14
[16] Section 109 Seals of Authorities 15
Omit paragraph (e) of the definition of Authority in section 109 (2). 16
[17] Section 112 Personal liability of certain persons 17
Omit "the Transport Construction Authority," from the definition of member 18
of a transport authority in section 112 (2). 19
[18] Section 116 Liability of vehicle owner for parking offences on Authority's 20
land 21
Omit "the Transport Construction Authority" from the definition of parking 22
offence in section 116 (7). 23
Insert instead "TfNSW". 24
[19] Section 122 Definitions 25
Omit ", the Transport Construction Authority" from the definition of rail 26
authority. 27
[20] Schedule 2 Provisions relating to Chief Executives 28
Omit paragraph (e) of the definition of Chief Executive in clause 1. 29
[21] Schedule 5 Extended leave for certain staff 30
Omit paragraph (e) of the definition of Authority in clause 2. 31
Page 41
Transport Legislation Amendment Bill 2011
Schedule 3 Amendments relating to the abolition of Transport Construction Authority
[22] Schedule 6A Powers relating to rail infrastructure facilities and land 1
Omit paragraph (a) of the definition of owner in clause 1. 2
[23] Schedule 6A, clause 1, definition of "rail authority" 3
Omit "or the Transport Construction Authority," from paragraph (a). 4
[24] Schedule 6A, clause 2A (3) 5
Omit the subclause. 6
[25] Schedule 6A, clause 2C (5) (as inserted by Schedule 1 to this Act) 7
Omit "or the Transport Construction Authority". 8
[26] Schedule 6B Special provisions for underground rail facilities 9
Omit "the Transport Construction Authority," from the definition of rail 10
authority in clause 1 (1). 11
[27] Schedule 7 Savings, transitional and other provisions 12
Insert at the end of Part 20 (as inserted by Schedule 1 to this Act) with 13
appropriate Division and clause numbering: 14
Division Provisions consequent on abolition of TCA 15
Abolition of TCA 16
(1) The Transport Construction Authority is abolished. 17
(2) The assets, rights and liabilities of the Transport Construction 18
Authority are, on the abolition of the Authority, transferred to 19
Transport for NSW. 20
(3) Schedule 4 applies to the transfer of the assets, rights and 21
liabilities of the Transport Construction Authority by the 22
operation of this clause and so applies as if this clause were an 23
order to which that Schedule applies when this clause takes 24
effect. 25
(4) A reference in any Act (other than this Act), in any instrument 26
made under any Act or in any document of any kind to the 27
Transport Construction Authority is to be construed as a 28
reference to Transport for New South Wales. 29
3.2 First State Superannuation Act 1992 No 100 30
Schedule 1 Employers 31
Omit "Transport Construction Authority". 32
Page 42
Transport Legislation Amendment Bill 2011
Amendments relating to the abolition of Transport Construction Authority Schedule 3
3.3 Public Finance and Audit Act 1983 No 152 1
Schedule 2 Statutory bodies 2
Omit "Transport Construction Authority". 3
3.4 Public Sector Employment and Management Act 2002 No 43 4
[1] Section 63 Definitions 5
Omit ", Sydney Ferries, the Transport Construction Authority" from section 6
63 (2) (a1). 7
Insert instead "or Sydney Ferries". 8
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 9
Omit "Chief Executive of the Transport Construction Authority" from Part 2. 10
3.5 State Authorities Non-contributory Superannuation Act 11
1987 No 212 12
Schedule 1 Employers 13
Omit "Transport Construction Authority" from Part 1. 14
3.6 State Authorities Superannuation Act 1987 No 211 15
Schedule 1 Employers 16
Omit "Transport Construction Authority" from Part 1. 17
3.7 Superannuation Act 1916 No 28 18
Schedule 3 List of employers 19
Omit "Transport Construction Authority" from Part 1. 20
Page 43
Transport Legislation Amendment Bill 2011
Schedule 4 Amendments relating to the abolition of Country Rail Infrastructure Authority
Schedule 4 Amendments relating to the abolition of 1
Country Rail Infrastructure Authority 2
4.1 Transport Administration Act 1988 No 109 3
[1] Section 3 Definitions 4
Omit the definition of Country Rail Infrastructure Authority from section 5
3 (1). 6
[2] Section 3, definition of "public transport agency" (as inserted by 7
Schedule 1 to this Act) 8
Omit "the Country Rail Infrastructure Authority,". 9
[3] Section 3B Ministerial responsibility and delegation 10
Omit section 3B (1) (f). 11
[4] Section 3G Directions by TfNSW to public transport agencies (as 12
inserted by Schedule 1 to this Act) 13
Omit section 3G (1) (f). 14
[5] Part 2B Country Rail Infrastructure Authority 15
Omit the Part. 16
[6] Section 42A Definitions 17
Omit paragraph (d) of the definition of transport authority. 18
[7] Section 55A Definition of "transport authority" 19
Omit paragraph (g) of the definition of transport authority. 20
[8] Part 7, Division 3A Staff of Country Rail Infrastructure Authority 21
Omit the Division. 22
[9] Section 65 Definitions 23
Omit paragraph (g) of the definition of transport authority. 24
[10] Part 8, Division 3B Financial provisions relating to Country Rail 25
Infrastructure Authority 26
Omit the Division. 27
[11] Section 81A Definition 28
Omit paragraph (f) of the definition of Authority. 29
Page 44
Transport Legislation Amendment Bill 2011
Amendments relating to the abolition of Country Rail Infrastructure Authority Schedule 4
[12] Section 88A Definitions 1
Omit ", the Country Rail Infrastructure Authority" from the definition of rail 2
authority. 3
[13] Section 88G Severance of rail infrastructure facilities and from leased or 4
licensed land 5
Omit "the Country Rail Infrastructure Authority" wherever occurring in 6
section 88G (1) and (2). 7
Insert instead "TfNSW". 8
[14] Section 89 Definitions 9
Omit "the Country Rail Infrastructure Authority," from the definition of rail 10
authority. 11
[15] Section 107 Definition of "transport authority" 12
Omit paragraph (c3) of the definition of transport authority in section 107 (1). 13
[16] Section 109 Seals of Authorities 14
Omit paragraph (f) of the definition of Authority in section 109 (2). 15
[17] Section 112 Personal liability of certain persons 16
Omit "the Country Rail Infrastructure Authority," from the definition of 17
member of a transport authority in section 112 (2). 18
[18] Section 122 Definitions 19
Omit ", the Country Rail Infrastructure Authority" from the definition of rail 20
authority. 21
[19] Schedule 2 Provisions relating to Chief Executives 22
Omit paragraph (f) of the definition of Chief Executive in clause 1. 23
[20] Schedule 5 Extended leave for certain staff 24
Omit paragraph (f) of the definition of Authority in clause 2. 25
[21] Schedule 6A, clause 1, definition of "rail authority" 26
Omit "the Country Rail Infrastructure Authority" from paragraph (a). 27
[22] Schedule 6A, clause 2 Country Rail Infrastructure Authority's rail 28
infrastructure facilities 29
Omit the clause. 30
Page 45
Transport Legislation Amendment Bill 2011
Schedule 4 Amendments relating to the abolition of Country Rail Infrastructure Authority
[23] Schedule 6A, clauses 2C (4), 2D (2) and 13A (1), (2), (5) and (7) 1
Omit "the Country Rail Infrastructure Authority" wherever occurring. 2
Insert instead "TfNSW". 3
[24] Schedule 6A, clause 13 4
Omit the clause. 5
[25] Schedule 6A, clause 13A (4) 6
Omit "or the Country Rail Infrastructure Authority". 7
[26] Schedule 6B Special provisions for underground rail facilities 8
Omit "the Country Rail Infrastructure Authority," from the definition of rail 9
authority in clause 1 (1). 10
[27] Schedule 7 Savings, transitional and other provisions 11
Insert at the end of Part 20 (as inserted by Schedule 1 to this Act) with 12
appropriate Division and clause numbering: 13
Division Provisions consequent on abolition of CRIA 14
Abolition of CRIA 15
(1) The Country Rail Infrastructure Authority is abolished. 16
(2) The assets, rights and liabilities of the Country Rail Infrastructure 17
Authority are, on the abolition of the Authority, transferred to 18
Transport for NSW. 19
(3) Schedule 4 applies to the transfer of the assets, rights and 20
liabilities of the Country Rail Infrastructure Authority by the 21
operation of this clause and so applies as if this clause were an 22
order to which that Schedule applies when this clause takes 23
effect. 24
(4) A reference in any Act (other than this Act), in any instrument 25
made under any Act or in any document of any kind to the 26
Country Rail Infrastructure Authority is to be construed as a 27
reference to Transport for New South Wales. 28
4.2 Electricity (Consumer Safety) Act 2004 No 4 29
Section 3 Definitions 30
Omit paragraph (b) of the definition of electricity supply authority in section 31
3 (1). 32
Page 46
Transport Legislation Amendment Bill 2011
Amendments relating to the abolition of Country Rail Infrastructure Authority Schedule 4
4.3 First State Superannuation Act 1992 No 100 1
Schedule 1 Employers 2
Omit "Country Rail Infrastructure Authority". 3
4.4 Public Finance and Audit Act 1983 No 152 4
Schedule 2 Statutory bodies 5
Omit "Country Rail Infrastructure Authority". 6
4.5 Public Sector Employment and Management Act 2002 No 43 7
[1] Section 63 Definitions 8
Omit "or the Country Rail Infrastructure Authority" from section 63 (2) (a1). 9
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 10
Omit "Chief Executive of the Country Rail Infrastructure Authority" from 11
Part 2. 12
4.6 State Authorities Non-contributory Superannuation Act 13
1987 No 212 14
Schedule 1 Employers 15
Omit "Country Rail Infrastructure Authority" from Part 1. 16
4.7 State Authorities Superannuation Act 1987 No 211 17
Schedule 1 Employers 18
Omit "Country Rail Infrastructure Authority" from Part 1. 19
4.8 Superannuation Act 1916 No 28 20
Schedule 3 List of employers 21
Omit "Country Rail Infrastructure Authority" from Part 1. 22
Page 47
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
Schedule 5 Consequential and other amendments 1
5.1 Centennial Park and Moore Park Trust Act 1983 No 145 2
[1] Sections 15A-15L, 15N and 15P (1) and item 2 of Schedule 3A 3
Omit "the Roads and Traffic Authority" and "The Roads and Traffic 4
Authority" wherever occurring. 5
Insert instead "Roads and Maritime Services". 6
[2] Sections 15D (6), 15H (5), 15I (3), 15J (1), 15N (3) and 15P (1) 7
Omit "the Authority" wherever occurring. 8
Insert instead "Roads and Maritime Services". 9
5.2 Community Land Management Act 1989 No 202 10
Section 116 Open and private access ways 11
Omit "the Roads and Traffic Authority" wherever occurring in paragraphs (b) 12
and (c) of the definition of authorised person in section 116 (7). 13
Insert instead "Roads and Maritime Services". 14
5.3 Driving Instructors Act 1992 No 3 15
Section 3 Definitions 16
Omit "the Roads and Traffic Authority" from the definition of Authority in 17
section 3 (1). 18
Insert instead "Roads and Maritime Services". 19
5.4 Electricity (Consumer Safety) Act 2004 No 4 20
Section 3 Definitions 21
Insert after paragraph (b1) of the definition of electricity supply authority in 22
section 3 (1): 23
(b2) Transport for NSW, and 24
5.5 Environmental Planning and Assessment Act 1979 No 203 25
Section 11 Functions of corporation 26
Omit "the Roads and Traffic Authority" from section 11 (6). 27
Insert instead "Roads and Maritime Services". 28
Page 48
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
5.6 Fines Act 1996 No 99 1
[1] Sections 16 (2) (b), 23A (3) (b), 24G (2) (b) (i), 28 (2) (b), 36 (5) (b), 44 (2) 2
(b), 58 (1) (b), 61 (3) (b), 65 (2) and (4)-(5), 66, 67, 68 (1) (b) and (2)-(5), 69 3
(1) and (2), 103 (1) (a), 117 (2) (a), 120 (1) (c) and 126A (3) (b) and (c) 4
Omit "the Roads and Traffic Authority" and "The Roads and Traffic 5
Authority" wherever occurring. 6
Insert instead "Roads and Maritime Services". 7
[2] Section 16 (2) (b) and 44 (2) (b) 8
Omit "that Authority" wherever occurring. 9
Insert instead "Roads and Maritime Services". 10
[3] Section 68 Suspension of dealings with Roads and Maritime Services 11
Omit "the Authority" from section 68 (2) (n). 12
Insert instead "Roads and Maritime Services". 13
5.7 First State Superannuation Act 1992 No 100 14
Schedule 1 Employers 15
Omit "Roads and Traffic Authority". 16
Insert instead "Roads and Maritime Services". 17
5.8 Fisheries Management Act 1994 No 38 18
Section 242A Access to information by fisheries officers 19
Omit "The Roads and Traffic Authority". 20
Insert instead "Roads and Maritime Services". 21
5.9 Homebush Motor Racing (Sydney 400) Act 2008 No 106 22
Section 43 Regulations 23
Omit "the Roads and Traffic Authority" from section 43 (2) (h). 24
Insert instead "Roads and Maritime Services". 25
Page 49
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
5.10 Impounding Act 1993 No 31 1
[1] Sections 5 (1) and 43 (2) and Dictionary 2
Omit "the Roads and Traffic Authority" wherever occurring. 3
Insert instead "Roads and Maritime Services". 4
[2] Dictionary, definition of "area of operations" 5
Omit "the Maritime Authority of NSW". 6
Insert instead "Roads and Maritime Services". 7
[3] Dictionary, definition of "area of operations" 8
Omit "the Authority" wherever occurring. 9
Insert instead "Roads and Maritime Services". 10
5.11 Independent Pricing and Regulatory Tribunal Act 1992 No 39 11
Schedule 1 Government agencies for which Tribunal has standing 12
reference 13
Omit "Roads and Traffic Authority". 14
Insert instead "Roads and Maritime Services". 15
5.12 Industrial Relations Act 1996 No 17 16
[1] Section 91 Interpretation 17
Insert after paragraph (c) of the definition of public sector employee: 18
(c1) employed under Part 7A of the Transport Administration 19
Act 1988 in the Transport Service, or 20
[2] Section 91, definition of "public sector employer" 21
Insert after paragraph (c): 22
(c1) for a public sector employee of the class referred to in 23
paragraph (c1) of that definition--the Director-General of 24
the Department of Transport, 25
[3] Schedule 1 Persons deemed to be employees 26
Omit "RTA" and "the RTA" wherever occurring in clause 1 (l). 27
Insert instead "RMS". 28
Page 50
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[4] Schedule 1, clauses 1 (l) and 2 (2) (c) 1
Omit "the Roads and Traffic Authority" wherever occurring. 2
Insert instead "Roads and Maritime Services". 3
5.13 Interpretation Act 1987 No 15 4
Section 21 Meanings of commonly used words and expressions 5
Insert in alphabetical order: 6
Transport Service means the Transport Service of New South 7
Wales referred to in the Transport Administration Act 1988. 8
5.14 Jury Amendment Act 2010 No 55 9
Schedule 1 Amendment of Jury Act 1977 No 18 10
Omit "the Roads and Traffic Authority" wherever occurring in proposed 11
section 75A (2B) and (2C) (as inserted by Schedule 1 [20]). 12
Insert instead "Roads and Maritime Services". 13
5.15 Law Enforcement and National Security (Assumed 14
Identities) Act 2010 No 73 15
Section 4 Definitions 16
Omit "the Roads and Traffic Authority" from the note to the definition of 17
government issuing agency in section 4 (1). 18
Insert instead "Roads and Maritime Services" 19
5.16 Licensing and Registration (Uniform Procedures) Act 2002 20
No 28 21
[1] Section 80B Interpretation 22
Omit the definition of RTA from section 80B (1). Insert instead: 23
RMS means Roads and Maritime Services constituted under the 24
Transport Administration Act 1988. 25
[2] Sections 80C (1), 80D, 80E, 80G, 80H (1), 80I (1) and 80J 26
Omit "the RTA" and "The RTA" wherever occurring. Insert instead "RMS". 27
Page 51
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
5.17 Licensing and Registration (Uniform Procedures) 1
Amendment (Photo ID) Act 2004 No 105 2
Schedule 1 Amendment of Licensing and Registration (Uniform 3
Procedures) Act 2002 4
Omit "the RTA" wherever occurring in proposed section 80C (3) (as inserted 5
by Schedule 1 [5]). 6
Insert instead "RMS". 7
5.18 Liquor Act 2007 No 90 8
Section 4 Definitions 9
Omit "the Roads and Traffic Authority" from paragraph (a) of the definition 10
of evidence of age document in section 4 (1). 11
Insert instead "Roads and Maritime Services". 12
5.19 Local Government Act 1993 No 30 13
Dictionary 14
Omit "the Roads and Traffic Authority" from the definition of parking 15
authority for a person with disabilities. 16
Insert instead "Roads and Maritime Services". 17
5.20 Major Events Act 2009 No 73 18
[1] Section 4 Definitions 19
Omit the definition of RTA from section 4 (1). 20
Insert instead in alphabetical order: 21
RMS means Roads and Maritime Services constituted under the 22
Transport Administration Act 1988. 23
[2] Sections 26 (2) and (3), 27 (6), (7) and (9), 28 (2), 29, 30 (6) and 32 (2) (e) 24
Omit "The RTA" and "the RTA" wherever occurring. Insert instead "RMS". 25
5.21 Marine Pollution Regulation 2006 26
[1] Clause 3 Definitions 27
Omit the definition of Authority. Insert instead: 28
Authority means Roads and Maritime Services constituted under 29
the Transport Administration Act 1988. 30
Page 52
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[2] Clause 5 Prescribed officers 1
Omit clause 5 (1) (c) (iv). 2
[3] Clause 5 (1) (d) 3
Insert after clause 5 (1) (c): 4
(d) the member of the Transport Service holding the position 5
of Manager, Marine Pollution Response. 6
5.22 Marine Safety Act 1998 No 121 7
[1] Section 4 Definitions 8
Omit the definition of Maritime Authority from section 4 (1). 9
Insert instead in alphabetical order: 10
RMS means Roads and Maritime Services constituted under the 11
Transport Administration Act 1988. 12
[2] Section 83 Regulations 13
Omit "the Maritime Authority" from section 83 (2). 14
Insert instead "Transport for NSW". 15
[3] Section 83 (2) 16
Insert at the end of the subsection: 17
Note. The website of Transport for NSW is www.transport.nsw.gov.au. 18
[4] Section 96 Appointment of authorised officers (other than harbour 19
masters and police officers) 20
Omit section 96 (1). Insert instead: 21
(1) The Minister may appoint any of the following as an authorised 22
officer for the purposes of the marine legislation: 23
(a) a member of staff of RMS, 24
(b) a member of staff of a Port Corporation, 25
(c) a member of the Transport Service, 26
(d) a member of staff of a government department or other 27
public or local authority, 28
(e) the Chief Investigator or a member of staff of the Chief 29
Investigator. 30
Page 53
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
[5] Section 111 Action by Minister following report of investigation 1
Omit "Maritime Authority" from section 111 (2) (h). 2
Insert instead "RMS, Transport for NSW". 3
[6] Sections 125M (2) and 133 (2) (h) and (i) 4
Omit "the Maritime Authority" wherever occurring. Insert instead "RMS". 5
[7] Section 136A 6
Omit the section. Insert instead: 7
136A Reliance on advice 8
(1) In exercising any function under this Act or the regulations, the 9
Minister, TfNSW or RMS is entitled to rely (wholly or partly) on 10
a certificate, report or other form of advice obtained from an 11
appropriately qualified person engaged for that purpose. 12
(2) The Minister, the State, TfNSW, RMS and any person acting on 13
behalf of the Minister, the State, TfNSW or RMS do not incur 14
any liability as a consequence of the Minister, TfNSW or RMS 15
being satisfied of a matter by relying on advice referred to in this 16
section. 17
5.23 Marine Safety (General) Regulation 2009 18
Clause 51A Definitions 19
Omit the definition of marine pilotage code. Insert instead: 20
marine pilotage code means the NSW Marine Pilotage Code as 21
in force from time to time and published by the Minister on the 22
website of Transport for NSW. 23
Note. The website of Transport for NSW is www.transport.nsw.gov.au. 24
5.24 Motor Accidents Act 1988 No 102 25
Sections 141 (1) (a2), 148 (2)-(4) and 149 (1) and (2) 26
Omit "the Roads and Traffic Authority" and "The Roads and Traffic 27
Authority" wherever occurring. 28
Insert instead "Roads and Maritime Services". 29
Page 54
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
5.25 Motor Accidents Compensation Act 1999 No 41 1
[1] Section 3 Definitions 2
Omit the definition of RTA. Insert instead in alphabetical order: 3
RMS means Roads and Maritime Services constituted under the 4
Transport Administration Act 1988. 5
[2] Sections 11 (4), 12 (1), 14 (4)-(6B) and 19 (1) 6
Omit "the RTA" and "The RTA" wherever occurring. Insert instead "RMS". 7
5.26 Motor Dealers Act 1974 No 52 8
[1] Section 4 Definitions 9
Omit "Chief Executive Officer of the Roads and Traffic Authority" from 10
paragraph (e) of the definition of authorised officer in section 4 (1). 11
Insert instead "Chief Executive of Roads and Maritime Services". 12
[2] Sections 23C (1) (a), 26A (1), 45A (7) and 46 (3A) (a) 13
Omit "the Roads and Traffic Authority" wherever occurring. 14
Insert instead "Roads and Maritime Services". 15
5.27 Motor Vehicle Repairs Act 1980 No 71 16
Sections 77 (b1) and 77A (7) 17
Omit "the Roads and Traffic Authority" wherever occurring. 18
Insert instead "Roads and Maritime Services". 19
5.28 Motor Vehicles Taxation Act 1988 No 111 20
[1] Section 3 Definitions 21
Omit "the Roads and Traffic Authority" from the definition of Authority in 22
section 3 (1). 23
Insert instead "Roads and Maritime Services". 24
[2] Section 22A Tax to be paid into Roads and Maritime Services Fund 25
Omit "Roads and Traffic Authority Fund" from the definition of Roads Fund 26
in section 22A (1). 27
Insert instead "Roads and Maritime Services Fund". 28
Page 55
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
5.29 National Parks and Wildlife Act 1974 No 80 1
[1] Section 184A RMS roads within Kosciuszko National Park 2
Omit the definition of the RTA from section 184A (1). 3
Insert instead in alphabetical order: 4
RMS means Roads and Maritime Services constituted under the 5
Transport Administration Act 1988. 6
[2] Section 184A (2) (b), (4), (5), (6) and (8) (a) and Schedule 16, heading 7
Omit "the RTA" wherever occurring. Insert instead "RMS". 8
5.30 Parliamentary Electorates and Elections Act 1912 No 41 9
Section 3 (1) (definition of "Photo Card") and notes to sections 29 (8) and 10
47 (4) 11
Omit "the Roads and Traffic Authority" wherever occurring. 12
Insert instead "Roads and Maritime Services". 13
5.31 Passenger Transport Act 1990 No 39 14
[1] Whole Act (except Schedule 3, and a provision amended elsewhere in 15
this Schedule) 16
Omit "The Director-General", "the Director-General" and "the 17
Director-General's" wherever occurring. 18
Insert instead "TfNSW", "TfNSW" and "TfNSW's", respectively. 19
[2] Section 3 Definitions 20
Omit the definitions of Director-General and Maritime Authority. 21
Insert instead in alphabetical order: 22
Roads and Maritime Services or RMS means Roads and 23
Maritime Services constituted under the Transport 24
Administration Act 1988. 25
Transport for NSW or TfNSW means Transport for NSW 26
constituted under the Transport Administration Act 1988. 27
[3] Sections 3 (definition of "regulator"), 46W (2), 53C, 53D, 53E and 66 28
Omit "the Maritime Authority" and "The Maritime Authority" wherever 29
occurring. 30
Insert instead "Roads and Maritime Services". 31
Page 56
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[4] Section 6B Arrangements with ITSR for exercise of TfNSW's safety 1
functions 2
Omit "his or her" from section 6B (2). Insert instead "TfNSW's". 3
[5] Section 46R Authority to enter 4
Omit section 46R (2) (f). Insert instead: 5
(f) bears the signature of: 6
(i) if TfNSW is the regulator--a person approved by 7
TfNSW, or 8
(ii) if RMS is the regulator--the Chief Executive of 9
RMS or a person approved by the Chief Executive. 10
[6] Sections 46W (1) and 62A (3) 11
Omit "Transport NSW" wherever occurring. Insert instead "TfNSW". 12
[7] Section 53B Requirement to return documents or number-plates 13
Omit "the Roads and Traffic Authority" from section 53B (2). 14
Insert instead "Roads and Maritime Services". 15
[8] Section 62 Records and evidentiary matters 16
Omit "the Director-General" from section 62 (2). 17
Insert instead "a person approved by TfNSW for the purposes of this section 18
(the approved person)". 19
[9] Section 62 (3) (a) 20
Omit "Director-General's". Insert instead "approved person's". 21
5.32 Photo Card Act 2005 No 20 22
Section 3 Definitions 23
Omit "the Roads and Traffic Authority" from the definition of Authority in 24
section 3 (1). 25
Insert instead "Roads and Maritime Services constituted under the Transport 26
Administration Act 1988". 27
Page 57
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
5.33 Pipelines Act 1967 No 90 1
Section 3 Definitions 2
Omit "Roads and Traffic Authority" from paragraph (a) of the definition of 3
public authority in section 3 (1). 4
Insert instead "Roads and Maritime Services". 5
5.34 Protection of the Environment Operations Act 1997 No 156 6
Sections 165 (3) and 166 (1) 7
Omit "the Roads and Traffic Authority" wherever occurring. 8
Insert instead "Roads and Maritime Services". 9
5.35 Protection of the Environment Operations (General) 10
Regulation 2009 11
[1] Clause 81 Enforcement officers 12
Omit "the Maritime Authority of NSW" from clause 81 (6) (n). 13
Insert instead "Roads and Maritime Services". 14
[2] Clause 81 (6) (o) 15
Insert after clause 81 (6) (n): 16
(o) class 15--a member of staff of Transport for NSW. 17
[3] Clause 81 (6), note 18
Insert "See also section 68L of the Transport Administration Act 1988 in 19
relation to references to the staff of TfNSW." at the end of the note. 20
[4] Clause 86 Roads and Maritime Services 21
Omit "The Maritime Authority" from clause 86 (1). 22
Insert instead "Roads and Maritime Services". 23
[5] Clause 86 (1) (d) 24
Omit "the Maritime Authority". 25
Insert instead "Roads and Maritime Services". 26
Page 58
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[6] Clause 86 (2) 1
Omit the subclause. Insert instead: 2
(2) In this clause: 3
Roads and Maritime Services means Roads and Maritime 4
Services constituted under the Transport Administration Act 5
1988. 6
[7] Clause 94 Prohibition on placing advertising material on vehicles 7
Omit "the Roads and Traffic Authority" from clause 94 (1) (b). 8
Insert instead "Roads and Maritime Services". 9
[8] Schedule 6 Penalty notice offences 10
Insert ", 15" after "14" wherever occurring in Column 2 of the matter relating 11
to sections 120, 124, 125, 126, 128, 145, 145A, 146A, 146B, 146C, 146E and 12
211 of the Protection of the Environment Operations Act 1997. 13
5.36 Public Authorities Superannuation Act 1985 No 41 14
Schedule 3 Employers 15
Omit "The Roads and Traffic Authority of New South Wales" from Part 1. 16
Insert instead "Roads and Maritime Services". 17
5.37 Public Finance and Audit Act 1983 No 152 18
Schedule 2 Statutory bodies 19
Omit "Maritime Authority of NSW" and "Roads and Traffic Authority of New 20
South Wales". 21
Insert instead in alphabetical order: 22
Roads and Maritime Services 23
Transport for NSW 24
5.38 Public Sector Employment and Management Act 2002 No 43 25
[1] Section 3 Definitions 26
Insert after paragraph (d) of the definition of public sector service: 27
(d1) the Transport Service, 28
Page 59
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
[2] Section 63 Definitions 1
Insert ", the Transport Service" after "the NSW Health Service" in the 2
definition of public authority in section 63 (1). 3
[3] Section 63 (2) (a1) 4
Omit "the Roads and Traffic Authority". 5
Insert instead "Roads and Maritime Services". 6
[4] Section 63 (2) (a1) and (4) 7
Omit "Transport NSW" wherever occurring. 8
Insert instead "the Department of Transport". 9
[5] Schedule 1 Divisions of the Government Service 10
Omit the matter relating to the Maritime Authority of NSW Division and the 11
Roads and Traffic Authority Division from Part 2. 12
Insert instead: 13
* Roads and Maritime Services Chief Executive of Roads and Maritime
Division Services
[6] Schedule 1, Part 3 14
Omit the matter relating to the Transport Special Services Group, Department 15
of Transport. 16
[7] Schedule 2 Executive positions (other than non-statutory SES positions) 17
Omit "Chief Executive of the Roads and Traffic Authority" from Part 2. 18
Insert instead "Chief Executive of Roads and Maritime Services". 19
[8] Schedule 2, Part 2 20
Omit "Chief Executive of the Maritime Authority of NSW". 21
5.39 Public Works Act 1912 No 45 22
Sections 154 and 155 (2) 23
Omit "the Roads and Traffic Authority", "The Roads and Traffic Authority" 24
and "the Authority" wherever occurring. 25
Insert instead "Roads and Maritime Services". 26
Page 60
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
5.40 Rail Safety Act 2008 No 97 1
Section 109 Temporary closure of railway crossings 2
Omit "the Roads and Traffic Authority" from section 109 (2) (b). 3
Insert instead "Roads and Maritime Services". 4
5.41 Rail Safety (General) Regulation 2008 5
Clause 32 Definitions 6
Insert in alphabetical order: 7
rail infrastructure owner includes a person who is authorised or 8
required to exercise the functions of a rail infrastructure owner 9
under this Part pursuant to a contract or other arrangement with 10
the rail infrastructure owner. 11
5.42 Recreation Vehicles Act 1983 No 136 12
Sections 15, 16, 17 (1), 18, 19 (1) and (3) (b), 21, 22, 30 (2), 32 (1) (a) and 13
(b) and (4), 41 and 43 (a) 14
Omit "the Roads and Traffic Authority" and "The Roads and Traffic 15
Authority" wherever occurring. 16
Insert instead "Roads and Maritime Services". 17
5.43 Road Improvement (Special Funding) Act 1989 No 95 18
[1] Section 3 Definitions 19
Omit "the Roads and Traffic Authority" from the definition of Authority. 20
Insert instead "Roads and Maritime Services". 21
[2] Section 3, definition of "Roads Fund" 22
Omit "Roads and Traffic Authority Fund". 23
Insert instead "Roads and Maritime Services Fund". 24
5.44 Road Transport (Driver Licensing) Act 1998 No 99 25
[1] Section 21D Financial assistance for use of approved interlock devices 26
Omit "Roads and Traffic Authority Fund" from section 21D (5). 27
Insert instead "Roads and Maritime Services Fund". 28
Page 61
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
[2] Section 40 Purposes for which photographs may be kept and used 1
Insert after section 40 (1) (a) (iv): 2
(v) an authority under the Passenger Transport 3
Act 1990, 4
[3] Section 41 Release of photographs prohibited 5
Insert after section 41 (1) (b): 6
(b1) to Transport for NSW for the purpose of enabling 7
Transport for NSW to exercise its functions under the 8
Passenger Transport Act 1990, or 9
[4] Dictionary 10
Omit "the Roads and Traffic Authority" from the definition of Authority. 11
Insert instead "Roads and Maritime Services constituted under the Transport 12
Administration Act 1988". 13
5.45 Road Transport (Driver Licensing) Regulation 2008 14
Clause 104A 15
Insert after clause 104: 16
104A Release of information to TfNSW 17
The Authority may provide to Transport for NSW any 18
information recorded in the driver licence register for the purpose 19
of assisting Transport for NSW to exercise its functions. 20
5.46 Road Transport (General) Act 2005 No 11 21
[1] Section 3 Definitions 22
Omit "the Roads and Traffic Authority" from the definition of Authority in 23
section 3 (1). 24
Insert instead "Roads and Maritime Services constituted under the Transport 25
Administration Act 1988". 26
[2] Section 117 Confidentiality 27
Insert "or Transport for NSW" after "the Authority" in section 117 (5) (b) 28
wherever occurring. 29
Page 62
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[3] Section 117 (6) 1
Insert after section 117 (5): 2
(6) Nothing in this section prevents the Authority (or an officer of the 3
Authority) from disclosing information to Transport for NSW. 4
[4] Section 119 Authority may provide information to TfNSW and 5
corresponding Authorities 6
Insert "Transport for NSW or" after "information to" in section 119 (1). 7
[5] Section 225A Protection from liability with respect to clamping, 8
impounding and crash testing 9
Insert "Transport for NSW," after "Commissioner,". 10
5.47 Road Transport (Safety and Traffic Management) Act 1999 11
No 20 12
Dictionary 13
Omit "the Roads and Traffic Authority" from the definition of Authority in 14
clause 1. 15
Insert instead "Roads and Maritime Services constituted under the Transport 16
Administration Act 1988". 17
5.48 Road Transport (Safety and Traffic Management) Regulation 18
1999 19
Clause 138 Schemes to assist children to cross roads 20
Omit "The Authority" and "the Authority" wherever occurring. 21
Insert instead "Transport for NSW". 22
5.49 Road Transport (Vehicle Registration) Act 1997 No 119 23
[1] Section 4 Definitions 24
Omit "the Roads and Traffic Authority" from the definition of Authority. 25
Insert instead "Roads and Maritime Services constituted under the Transport 26
Administration Act 1988". 27
[2] Section 16T Unauthorised disclosure of information 28
Insert after section 16T (d): 29
(d1) to Transport for NSW for the purpose of assisting 30
Transport for NSW to exercise its functions, or 31
Page 63
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
[3] Section 17S Charges and fees to be paid into Roads and Maritime 1
Services Fund 2
Omit "Roads and Maritime Authority" from section 17S (1) and (2) wherever 3
occurring. 4
Insert instead "Roads and Maritime Services". 5
[4] Section 17S (3) 6
Omit the subsection. Insert instead: 7
(3) In this section: 8
Roads and Maritime Services Fund means the Roads and 9
Maritime Services Fund established under the Transport 10
Administration Act 1988. 11
5.50 Roads Act 1993 No 33 12
[1] Sections 3 (e)-(g), 7 (1), 10 (1), 24 (2), 26 (3), 27 (2), 32A, 33 (2), 35-38, 13
48 (2), 52 (1), 52A (1) (b) and (c), 54 (1) and (4), 57-66, 68-70, 72-77, 87, 14
91 (2), 104 (1), (3) and (4), 115-119, 125 (3), 128 (2), 133 (2) (a), 138 (2) and 15
(3), 139F (1), 144 (2), 144B-144D, 144F (1) and (2), 145 (1), 149 (2), 151 (3), 16
153 (2), 158-163, 177, 180, 207-216, 220-222, 224, 228, 248 (4) and 17
250A (1) and (5) and the Dictionary 18
Omit "the RTA", "The RTA" and "the RTA's" wherever occurring. 19
Insert instead "RMS", "RMS" and "RMS's", respectively. 20
[2] Part 5, Division 3, Part 10, Division 3 and Part 13, Division 4, headings 21
Omit "RTA" wherever occurring. Insert instead "RMS". 22
[3] Section 161 RMS development land 23
Omit "RTA development land" from section 161 (1). 24
Insert instead "RMS development land". 25
[4] Sections 161 (3) and (4), 177 (3) and 179 (2) and clause 28 of Schedule 2 26
Omit "RTA development land" wherever occurring. 27
Insert instead "RMS development land". 28
[5] Section 225 and clause 7 of Schedule 2 29
Omit "RTA" wherever occurring. Insert instead "RMS". 30
Page 64
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[6] Dictionary, definitions of "RTA", "RTA development land" and "RTA 1
Fund" 2
Omit the definitions. Insert instead in alphabetical order: 3
RMS means Roads and Maritime Services constituted under the 4
Transport Administration Act 1988. 5
RMS development land means land that is declared by RMS to 6
be land to which section 161 applies. 7
RMS Fund means the Roads and Maritime Services Fund 8
established under the Transport Administration Act 1988. 9
5.51 Rural Fires Act 1997 No 65 10
Section 100A Definitions 11
Omit "the Roads and Traffic Authority" from paragraph (c) of the definition 12
of managed land in section 100A (1). 13
Insert instead "Roads and Maritime Services". 14
5.52 Standard Instrument (Local Environmental Plans) Order 15
2006 16
Standard instrument, clause 5.1 (2) 17
Omit "Roads and Traffic Authority". 18
Insert instead "Roads and Maritime Services". 19
5.53 State Authorities Non-contributory Superannuation Act 20
1987 No 212 21
Schedule 1 Employers 22
Omit "The Roads and Traffic Authority of New South Wales" from Part 1. 23
Insert instead "Roads and Maritime Services". 24
5.54 State Authorities Superannuation Act 1987 No 211 25
Schedule 1 Employers 26
Omit "The Roads and Traffic Authority of New South Wales" from Part 1. 27
Insert instead "Roads and Maritime Services". 28
Page 65
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
5.55 State Public Service Superannuation Act 1985 No 45 1
Schedule 3 Employers 2
Omit "The Roads and Traffic Authority of New South Wales". 3
Insert instead "Roads and Maritime Services". 4
5.56 Superannuation Act 1916 No 28 5
Schedules 3 and 26 6
Omit "Roads and Traffic Authority of New South Wales" wherever occurring. 7
Insert instead "Roads and Maritime Services". 8
5.57 Sydney Olympic Park Authority Act 2001 No 57 9
[1] Section 4 Definitions 10
Omit the definition of RTA from section 4 (1). 11
Insert instead in alphabetical order: 12
RMS means Roads and Maritime Services constituted under the 13
Transport Administration Act 1988. 14
[2] Sections 19 (7), 41 (5) and (6) and 42 and note to 45 15
Omit "the RTA" wherever occurring. Insert instead "RMS". 16
5.58 Tow Truck Industry Act 1998 No 111 17
[1] The whole Act (except section 7 and Schedule 2) 18
Omit "The RTA", "the RTA" and "the RTA's" wherever occurring. 19
Insert instead "RMS", "RMS" and "RMS's", respectively. 20
[2] Section 3 (1), definitions of "authorised officer" and "RTA" 21
Omit the definitions. Insert instead in alphabetical order: 22
authorised officer means a member of staff of the Roads and 23
Maritime Services Division of the Government Service who is 24
authorised in writing by RMS for the purposes of this Act. 25
RMS means Roads and Maritime Services constituted under the 26
Transport Administration Act 1988. 27
Page 66
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
[3] Section 7 1
Omit the section. Insert instead: 2
7 Functions of TfNSW under this Act 3
Transport for NSW has the following functions under this Act: 4
(a) to determine regulatory policy for the exercise of the 5
functions of RMS under this Act and the regulations, 6
(b) to make reports and recommendations to the Minister with 7
respect to the licensing of tow truck operators and drivers, 8
and the design, construction and equipment of tow trucks, 9
(c) to inform the public about the tow truck industry, 10
(d) to promote and undertake research into the tow truck 11
industry, 12
(e) whenever it considers it necessary to do so, or is requested 13
by the Minister to do so, to make reports or 14
recommendations with respect to the operation of this Act 15
or the tow truck industry. 16
5.59 Transport Administration (General) Regulation 2005 17
[1] Clause 3 Definitions 18
Insert in alphabetical order: 19
prescribed traffic control device has the same meaning as in 20
Division 1 of Part 4 of the Road Transport (Safety and Traffic 21
Management) Act 1999. 22
[2] Clause 3, definition of "RTA" 23
Omit the definition. 24
[3] Clause 3, definition of "traffic control device" 25
Omit paragraph (a) of the definition. Insert instead: 26
(a) that is in the form of, or is in similar form to, a prescribed 27
traffic control device, and 28
[4] Clause 4 Traffic control devices 29
Omit "under the Road Transport (Safety and Traffic Management) Act 1999" 30
from clause 4 (1). 31
Page 67
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
[5] Clause 10 Definitions 1
Omit the definition of Western Sydney Buses. Insert instead: 2
Western Sydney Buses means the corporation of that name that 3
is taken to have been constituted as a public subsidiary 4
corporation of the State Transit Authority as provided by clause 5
178 of Schedule 7 to the Act. 6
[6] Clause 12 Functions of Western Sydney Buses 7
Omit "Section 33" from the note. Insert instead "Section 55C". 8
[7] Clause 14 Ministerial responsibility 9
Omit "section 29 (Ministerial control)" from clause 14 (1). 10
Insert instead "section 3B". 11
[8] Clause 14 (2) 12
Omit the subclause. Insert instead: 13
(2) In its application to and in respect of Western Sydney Buses, 14
section 3B of the Act is to be read as if a reference in that section 15
to the Chief Executive of the State Transit Authority included a 16
reference to the Manager of Western Sydney Buses. 17
[9] Clause 21 Effect of transfer of assets, rights and liabilities 18
Omit "section 33 (5)" from clause 21 (1). Insert instead "section 55C (5)". 19
[10] Clause 34 Delegation to authorised persons: section 40 20
Omit the clause. 21
[11] Clause 39 Construction of references to SRA in certain environmental 22
planning instruments 23
Omit clause 39 (1). 24
Page 68
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
5.60 Transport Administration (Staff) Regulation 2005 1
Part 5A 2
Insert after Part 5: 3
Part 5A Members of the Transport Service-- 4
disciplinary matters 5
44A Definitions 6
In this Part: 7
disciplinary action, in relation to a member of the Transport 8
Service, means any one or more of the following: 9
(a) dismissal, 10
(b) deferral of the payment of an increment, 11
(c) reduction of the member's salary or demotion to a lower 12
position or grade, 13
(d) suspension from duty without payment of salary, 14
(e) a caution or reprimand. 15
remedial action, in relation to a member of the Transport 16
Service, means any one or more of the following: 17
(a) counselling, 18
(b) training and development, 19
(c) monitoring the member's conduct or performance, 20
(d) implementing a performance improvement plan, 21
(e) the issuing of a warning to the member that certain conduct 22
is unacceptable or that the member's performance is not 23
satisfactory, 24
(f) transferring the member to another position in the 25
Transport Service that does not involve a reduction of 26
salary or demotion to a lower position, 27
(g) any other action of a similar nature. 28
serious criminal offence means an offence committed in New 29
South Wales that is punishable by imprisonment for 6 months or 30
more or an offence committed elsewhere that, if it had been 31
committed in New South Wales, would be an offence so 32
punishable. 33
Page 69
Transport Legislation Amendment Bill 2011
Schedule 5 Consequential and other amendments
44B Suspension from duty 1
(1) The Director-General may suspend a member of the Transport 2
Service from duty pending: 3
(a) the institution or determination of any disciplinary 4
proceedings against the member, or 5
(b) the determination by a court of any charge against the 6
member for a serious criminal offence. 7
(2) The Director-General may remove a suspension at any time. 8
(3) The Director-General may withhold the payment of salary to a 9
member of the Transport Service while the member is suspended 10
from duty under this clause. 11
44C Disciplinary proceedings 12
(1) A member of the Transport Service who is subject to any 13
disciplinary proceedings is entitled to be notified in writing by 14
the Director-General of the particulars of the alleged behaviour 15
giving rise to the proceedings. 16
(2) A formal hearing is not required to be held before the person or 17
body investigating or dealing with the alleged behaviour, but the 18
member of the Transport Service who is the subject of the 19
proceedings may make representations to that person or body. 20
(3) The Director-General may determine any disciplinary 21
proceedings that have been instituted against a member of the 22
Transport Service by: 23
(a) taking disciplinary action with respect to the member, or 24
(b) taking remedial action with respect to the member, or 25
(c) taking no further action. 26
44D Members of the Transport Service convicted of serious offences 27
If a member of the Transport Service is convicted of a serious 28
criminal offence, the Director-General may: 29
(a) take disciplinary action with respect to the member, or 30
(b) take remedial action with respect to the member. 31
Page 70
Transport Legislation Amendment Bill 2011
Consequential and other amendments Schedule 5
5.61 Victims Support and Rehabilitation Act 1996 No 115 1
Section 58 Access to information about whereabouts of defendant 2
Omit "the Roads and Traffic Authority". 3
Insert instead "Roads and Maritime Services". 4
Page 71
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