{"id":"nsw:act-1988-109","name":"Transport Administration Act 1988","slug":"transport-administration-act-1988","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"109 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107101,"registerId":"nsw-act-1988-109-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"#### 2A Objects of Act\n\n2A Objects of Act\n\n> The objects of this Act with respect to the administration of the transport services provided to the people of New South Wales include the following—\n> \n> > (a) to provide an efficient and accountable framework for the governance of the delivery of transport services,\n> \n> > (b) to promote the integration of the transport system,\n> \n> > (c) to enable effective planning and delivery of transport infrastructure and services,\n> \n> > (d) to facilitate the mobilisation and prioritisation of key resources across the transport sector,\n> \n> > (e) to co-ordinate the activities of those engaged in the delivery of transport services,\n> \n> > (f) to maintain independent regulatory arrangements for securing the safety of transport services.\n> \n> **s 2A:** Ins 2010 No 31, Sch 1.1 \\[1\\]. Am 2011 No 41, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"2B","sectionType":"section","heading":"Common objectives and service delivery priorities of public transport agencies","content":"#### 2B Common objectives and service delivery priorities of public transport agencies\n\n2B Common objectives and service delivery priorities of public transport agencies\n\n> > (1) Public transport agencies are to exercise their functions in a manner that promotes the following objectives, which are the common objectives of public transport agencies—\n> > \n> > > (a) Customer focus\n> > > \n> > > To put the customer first and design the transport system around the needs and expectations of the customer.\n> > \n> > > (b) Economic development\n> > > \n> > > To enable the transport system to support the economic development of the State (with a focus on freight transport systems).\n> > \n> > > (c) Planning and investment\n> > > \n> > > To ensure that good planning informs investment strategies.\n> > \n> > > (d) Coherence and integration\n> > > \n> > > To promote coherence and integration across all transport modes and all stages of decision making.\n> > \n> > > (e) Performance and delivery\n> > > \n> > > To focus on performance and service delivery, based on a strong purchaser-provider model with clear accountabilities for outcomes.\n> > \n> > > (f) Efficiency\n> > > \n> > > To achieve greater efficiency—\n> > > \n> > > > (i) in the delivery of transport infrastructure projects, and\n> > > \n> > > > (ii) through improved coordination of freight, maritime and ports operations, and their integration into the transport system, and\n> > > \n> > > > (iii) by eliminating duplication of functions and resources, and\n> > > \n> > > > (iv) by outsourcing the delivery of non-core services.\n> > \n> > > (g) Environmental sustainability\n> > > \n> > > To promote the delivery of transport services in an environmentally sustainable manner.\n> > \n> > > (h) Social benefits\n> > > \n> > > To contribute to the delivery of social benefits for customers, including greater inclusiveness, accessibility and quality of life.\n> > \n> > > (i) Safety\n> > > \n> > > To provide safe transport services in accordance with a safety regulatory framework.\n> \n> > (2) Public transport agencies are to determine their service delivery priorities having regard to the Transport Secretary’s expectations for service delivery established by a Statement of Expectations issued annually to public transport agencies by the Transport Secretary.\n> \n> **s 2B:** Ins 2011 No 41, Sch 1 \\[2\\]. Am 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > access purchaser means a person who has contracted with a rail infrastructure owner in respect of the operation of rolling stock.\n> > \n> > activation, of a public space, means the carrying out of works or activities to enhance the functionality of, or the conduct of human activity or operations within, the space, including works or activities to promote the following—\n> > \n> > > (a) the quality, amenity, vibrancy, accessibility, built form, infrastructure and perceptions of safety of the space,\n> > \n> > > (b) the resilience of individuals, communities, institutions, businesses and systems in relation to the space,\n> > \n> > > (c) the use of technology, and the collection and use of data, in and about the space,\n> > \n> > > (d) events in and about the space.\n> > \n> > active transport means the movement of people, or people and goods, by the following—\n> > \n> > > (a) one or more modes of transport, powered or partially powered by human activity, including by the following modes—\n> > > \n> > > > (i) walking,\n> > > \n> > > > (ii) running,\n> > > \n> > > > (iii) cycling,\n> > > \n> > > > (iv) scootering,\n> > > \n> > > > (v) skating,\n> > > \n> > > > (vi) the use of a manual wheelchair,\n> > \n> > > (b) the use of a micromobility device,\n> > > \n> > > Example—\n> > > \n> > > an e-scooter\n> > \n> > > (c) the use of a motorised mobility device.\n> > > \n> > > Example—\n> > > \n> > > a motorised wheelchair or a mobility scooter\n> > \n> > Advisory Board means the Transport Advisory Board established under Part 5.\n> > \n> > ARTC means the Australian Rail Track Corporation Ltd (ACN 081 455 754).\n> > \n> > ARTC arrangement means a lease, licence, agreement or other arrangement under Part 8A.\n> > \n> > ARTC lease or licence means a lease or licence under Part 8A.\n> > \n> > bus service includes any road transport service for the carriage of passengers (except a railway service).\n> > \n> > Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations appointed under section 45.\n> > \n> > country rail area means that part of the NSW rail network not within the metropolitan rail area.\n> > \n> > ferry service means any ferry service for the carriage of passengers.\n> > \n> > Independent Transport Safety Advisory Board means the Independent Transport Safety Advisory Board established under this Act.\n> > \n> > light rail services—see section 104M.\n> > \n> > light rail system—see section 104N.\n> > \n> > metro means a mass transit infrastructure system, and associated facilities, that—\n> > \n> > > (a) provides high-frequency, high-capacity passenger services, and\n> > \n> > > (b) is operated using automated or partly-automated systems from one or more central control points.\n> > \n> > metro assets means assets (including transport infrastructure, transport vehicles and rolling stock) used for or in connection with or to facilitate the movement of persons by means of a metro.\n> > \n> > metro passenger service means a passenger service provided by a metro.\n> > \n> > metropolitan rail area—see section 3A.\n> > \n> > mode shift, in relation to transport, means a change from the use of one mode of transport to another mode of transport.\n> > \n> > National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a), section 656.\n> > \n> > National Rail Safety Regulator means the Office of the National Rail Safety Regulator established under the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> > \n> > Newcastle ferry services means ferry services provided in Newcastle Harbour.\n> > \n> > NSW Motorways means NSW Motorways constituted under this Act.\n> > \n> > NSW rail access undertaking means—\n> > \n> > > (a) if an undertaking referred to in section 99C is in force under the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth, that undertaking, or\n> > \n> > > (b) in any other case, an access undertaking in force under Schedule 6AA.\n> > \n> > NSW rail network means the railway lines vested in or owned by or managed or controlled by a rail infrastructure owner (including passing loops and turnouts from those lines and loops and associated rail infrastructure facilities that are so vested or owned or managed or controlled), but does not include any part of a metro.\n> > \n> > NSW Trains means NSW Trains constituted under this Act.\n> > \n> > public space means a space that is open to the public, or is used by the public, for no payment of money or other consideration.\n> > \n> > Note—\n> > \n> > Public spaces may include public open spaces, public facilities and streets.\n> > \n> > public transport agency means TfNSW, the State Transit Authority, Sydney Ferries, Sydney Metro, NSW Trains, Sydney Trains and their public or private subsidiary corporations.\n> > \n> > rail infrastructure facilities—\n> > \n> > > (a) includes railway track, associated track structures, over track structures, cuttings, drainage works, track support earthworks and fences, tunnels, bridges, level crossings, service roads, signalling systems, train control systems, communication systems, overhead power supply systems, power and communication cables, and associated works, buildings, plant, machinery and equipment, but\n> > \n> > > (b) does not include any stations, platforms, rolling stock, rolling stock maintenance facilities, office buildings or housing, freight centres or depots, private sidings or spur lines connected to premises not vested in or owned by or managed or controlled by a rail infrastructure owner.\n> > \n> > rail infrastructure owner means—\n> > \n> > > (a) in the case of any rail infrastructure facilities that are managed or controlled by TfNSW for the purposes of exercising its functions under this Act, TfNSW, or\n> > \n> > > (a1) in the case of any rail infrastructure facilities that are managed or controlled by NSW Trains for the purposes of exercising its functions under this Act, NSW Trains, or\n> > \n> > > (a2) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Trains for the purposes of exercising its functions under this Act, Sydney Trains, or\n> > \n> > > (a3) in the case of any rail infrastructure facilities owned by TAM or vested in TAM by or under this or another Act, TAM, or\n> > \n> > > (a4) in the case of any rail infrastructure facilities that are managed or controlled by Sydney Metro for the purposes of exercising its functions under this Act, Sydney Metro, or\n> > \n> > > (b) in the case of any rail infrastructure facilities that are subject to an ARTC lease or licence or are installed, established or replaced by ARTC in or on land subject to an ARTC lease or licence, ARTC, or\n> > \n> > > (b1) (Repealed)\n> > \n> > > (c) in any other case, the person in whom ownership of rail infrastructure facilities is vested by or under this Act.\n> > \n> > rail operator means a person who is responsible for the operation or moving, by any means, of any rolling stock on a railway track.\n> > \n> > railway service means a railway passenger service and a metro passenger service.\n> > \n> > rolling stock means any vehicle that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track or tracks when the vehicle is not operating on a railway track or tracks.\n> > \n> > SOC conversion day means the date of commencement of Schedule 2.1\\[6\\] to the [Transport Administration Amendment (Transport Entities) Act 2017](/view/html/repealed/current/act-2017-012).\n> > \n> > State Transit Authority means the State Transit Authority of New South Wales constituted under this Act.\n> > \n> > Sydney Ferries means Sydney Ferries constituted under this Act.\n> > \n> > Sydney ferry services means ferry services provided in Sydney Harbour or the Parramatta River.\n> > \n> > Sydney Metro means Sydney Metro constituted under this Act.\n> > \n> > Sydney Metro Board means the board of directors of Sydney Metro.\n> > \n> > Sydney Trains means Sydney Trains constituted under this Act.\n> > \n> > TAM means Transport Asset Manager of New South Wales constituted under Part 2.\n> > \n> > TAM advisory board means the TAM advisory board established under Part 2.\n> > \n> > toll operator has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> > \n> > toll road has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> > \n> > toll service provider means a person that provides accounts, products or related services to enable the payment of tolls for the use of toll roads, tollways, bridges, tunnels or road-ferries by persons who are required to pay the tolls.\n> > \n> > transport assets means assets used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes transport infrastructure.\n> > \n> > transport district means a transport district for the time being established under section 108.\n> > \n> > Transport for NSW (or TfNSW) means Transport for NSW constituted under this Act.\n> > \n> > transport infrastructure means infrastructure used for or in connection with or to facilitate the movement of persons and freight by road, rail, sea, air or other mode of transport, and includes—\n> > \n> > > (a) railways and railway infrastructure, and\n> > \n> > > (b) roads and road infrastructure, and\n> > \n> > > (c) maritime infrastructure and ports, and\n> > \n> > > (d) transport safety infrastructure, and\n> > \n> > > (e) systems, works, structures, buildings, plant, machinery and equipment that are associated with or incidental to transport infrastructure.\n> > \n> > transport legislation means the following Acts and the regulations under those Acts—\n> > \n> > > (a) this Act,\n> > \n> > > (b) the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039),\n> > \n> > > (c) the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013),\n> > \n> > > (d) the [Roads Act 1993](/view/html/inforce/current/act-1993-033),\n> > \n> > > (e) an Act that forms part of the road transport legislation as defined in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018),\n> > \n> > > (f) (Repealed)\n> > \n> > > (g) the marine legislation as defined in the [Ports and Maritime Administration Act 1995](/view/html/inforce/current/act-1995-013),\n> > \n> > > (h) an Act that is prescribed by the regulations for the purposes of this definition.\n> > \n> > transport safety inquiry has the same meaning as it has in the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> > \n> > Transport Secretary means the Secretary of the Department of Transport.\n> > \n> > Transport Service means the Transport Service of New South Wales referred to in section 68B.\n> > \n> > transport services include railway services (including heavy rail and light rail services and metro passenger services), bus services and ferry services.\n> > \n> > transport system means the transport services and transport infrastructure of the State for all modes of transport.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes in the text of this Act do not form part of this Act.\n> \n> > (4) (Repealed)\n> \n> **s 3:** Am 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[2\\]–\\[5\\]; 1996 No 128, Sch 1 \\[1\\]; 1998 No 8, Sch 1 \\[2\\]–\\[5\\]; 2000 No 38, Sch 1 \\[1\\]; 2000 No 89, Sch 2.1 \\[3\\]–\\[6\\]; 2001 No 35, Sch 3.7 \\[1\\] \\[2\\]; 2001 No 131, Sch 1 \\[1\\]; 2003 No 65, Sch 1 \\[3\\]–\\[5\\]; 2003 No 96, Sch 1 \\[2\\]–\\[6\\]; 2003 No 99, Sch 1 \\[2\\]; 2004 No 31, Sch 1 \\[1\\]–\\[5\\]; 2005 No 55, Sch 1 \\[1\\]; 2006 No 5, Sch 1 \\[2\\]; 2007 No 22, Sch 4 \\[1\\]; 2008 No 98, Schs 1.1 \\[1\\], 3.1 \\[1\\]; 2008 No 115, Sch 1 \\[2\\]–\\[5\\]; 2010 No 31, Schs 1.1 \\[2\\] \\[3\\], 2.1 \\[1\\] \\[2\\], 3.1 \\[2\\], 4.1 \\[1\\]–\\[3\\], 6.1 \\[2\\], 7.1 \\[2\\]–\\[6\\]; 2011 No 41, Schs 1 \\[3\\]–\\[5\\], 3.1 \\[1\\]–\\[3\\], 4.1 \\[1\\] \\[2\\]; 2012 No 82, Sch 2.13 \\[1\\]; 2012 No 95, Sch 2.39 \\[1\\]; 2013 No 19, Sch 4.78 \\[1\\]; 2013 No 111, Sch 1.13 \\[1\\]; 2014 No 33, Sch 3.32 \\[2\\]; 2014 No 88, Sch 2.69; 2017 No 4, Sch 1 \\[1\\] \\[2\\]; 2017 No 12, Schs 1.1\\[1\\]–\\[3\\], 2.1\\[1\\]–\\[3\\]; 2017 No 22, Sch 1.24 \\[1\\]; 2018 No 18, Sch 1 \\[1\\]–\\[6\\]; 2019 No 19, Sch 1\\[1\\] \\[2\\]; 2021 No 9, Sch 2\\[1\\]; 2024 No 58, Schs 1.1\\[1\\], 1.2\\[1\\] \\[2\\]; 2024 No 95, Sch 1\\[1\\]; 2025 No 66, Schs 2.1\\[1\\], 3.1\\[1\\].","sortOrder":5},{"sectionNumber":"3A","sectionType":"section","heading":"Metropolitan rail area","content":"#### 3A Metropolitan rail area\n\n3A Metropolitan rail area\n\n> > (1) For the purposes of this Act, the metropolitan rail area is the land shown or described as being within the metropolitan rail area on the metropolitan rail area map presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was introduced into the Assembly, and held by TfNSW, as amended or replaced under this section.\n> \n> > (2) The Minister may, by notice published in the Gazette, amend or replace the metropolitan rail area map, but only for one or more of the following purposes—\n> > \n> > > (a) to provide a more detailed description of the land,\n> > \n> > > (b) to alter the boundaries of the land for the purposes of the effective management of rail infrastructure facilities in the State.\n> \n> > (3) The metropolitan rail area map may consist of one or more maps.\n> \n> > (4) A notice under this section which has the effect of moving land subject to an ARTC lease or licence to or from the metropolitan rail area has no effect unless ARTC has given prior written consent to the notice.\n> \n> > (5) ARTC must not unreasonably withhold consent to any such notice.\n> \n> > (6) (Repealed)\n> \n> **s 3A:** Ins 2003 No 96, Sch 1 \\[7\\]. Am 2004 No 31, Sch 1 \\[6\\]; 2008 No 115, Sch 1 \\[6\\]; 2010 No 31, Sch 7.1 \\[7\\] \\[8\\]; 2020 No 30, Sch 4.113.","sortOrder":6},{"sectionNumber":"3B","sectionType":"section","heading":"Ministerial responsibility and delegation","content":"#### 3B Ministerial responsibility and delegation\n\n3B Ministerial responsibility and delegation\n\n> > (1) The Transport Secretary and the chief executives of the following bodies are, in the exercise of their functions, subject to the control and direction of the Minister—\n> > \n> > > (a) (Repealed)\n> > \n> > > (a1) TfNSW,\n> > \n> > > (b) TAM,\n> > \n> > > (c) State Transit Authority,\n> > \n> > > (d) Sydney Ferries,\n> > \n> > > (e) NSW Trains,\n> > \n> > > (f) Sydney Trains,\n> > \n> > > (f1) NSW Motorways.\n> > \n> > > (g) (Repealed)\n> \n> > (1A) Sydney Metro is, in the exercise of its functions, subject to the control and direction of the Minister.\n> \n> > (1B) TAM is, in the exercise of its functions, subject to the control and direction of the Minister.\n> \n> > (1C) To avoid doubt, the Minister may direct TAM to do either or both of the following—\n> > \n> > > (a) cease exercising one or more of its functions,\n> > \n> > > (b) exercise its functions in a limited way.\n> \n> > (2) The Minister may delegate to the Transport Secretary, or to any such chief executive, any function of the Minister under this Act, other than this power of delegation.\n> \n> > (3) The Minister may delegate to Sydney Metro any function of the Minister under this Act, other than this power of delegation.\n> \n> > (4) Sydney Metro may sub-delegate to an authorised person any function delegated to it by the Minister if the delegate is authorised in writing to do so by the Minister.\n> \n> > (5) In this section, authorised person means—\n> > \n> > > (a) the Chairperson of the Sydney Metro Board, or\n> > \n> > > (b) the Chief Executive of Sydney Metro.\n> \n> **s 3B:** Ins 2010 No 31, Sch 1.1 \\[4\\]. Am 2011 No 41, Schs 1 \\[6\\] \\[7\\], 3.1 \\[4\\], 4.1 \\[3\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2017 No 4, Sch 1 \\[3\\]; 2017 No 12, Schs 1.1\\[4\\], 2.1\\[4\\]; 2018 No 18, Sch 1 \\[7\\] \\[8\\]; 2019 No 19, Sch 1\\[3\\]; 2024 No 58, Sch 1.2\\[3\\] \\[4\\]; 2024 No 95, Sch 1\\[2\\]; 2025 No 66, Sch 2.1\\[2\\] \\[3\\].","sortOrder":7},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Transport for NSW","content":"# Part 1A Transport for NSW\n\nPart 1A Transport for NSW\n\n**pt 1A:** Ins 2010 No 31, Sch 1.1 \\[5\\]. Subst 2011 No 41, Sch 1 \\[8\\].","sortOrder":8},{"sectionNumber":"3C","sectionType":"section","heading":"Constitution and management of TfNSW","content":"#### 3C Constitution and management of TfNSW\n\n3C Constitution and management of TfNSW\n\n> > (1) There is constituted by this Act a corporation with the corporate name of Transport for NSW.\n> \n> > (2) TfNSW is a NSW Government agency.\n> \n> > (3) The affairs of TfNSW are to be managed and controlled by the Transport Secretary.\n> \n> > (4) Any act, matter or thing done in the name of, or on behalf of, Transport for NSW by the Transport Secretary is taken to have been done by Transport for NSW.\n> \n> **s 3C:** Ins 2010 No 31, Sch 1.1 \\[5\\]. Subst 2011 No 41, Sch 1 \\[8\\]. Am 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":9},{"sectionNumber":"3D","sectionType":"section","heading":"Objectives of TfNSW","content":"#### 3D Objectives of TfNSW\n\n3D Objectives of TfNSW\n\n> The objectives of Transport for NSW are as follows—\n> \n> > (a) to plan for a transport system that meets the needs and expectations of the public,\n> \n> > (b) to promote economic development and investment,\n> \n> > (c) to provide integration at the decision-making level across all public transport modes,\n> \n> > (d) to promote greater efficiency in the delivery of transport infrastructure projects,\n> \n> > (e) to promote the safe and reliable delivery of public transport and freight services,\n> \n> > (f) to promote active transport and its integration with other modes of transport,\n> \n> > (g) to improve the activation of public spaces.\n> \n> **s 3D:** Ins 2010 No 31, Sch 1.1 \\[5\\]. Subst 2011 No 41, Sch 1 \\[8\\]. Am 2024 No 58, Sch 1.1\\[2\\].","sortOrder":10},{"sectionNumber":"3E","sectionType":"section","heading":"Functions of TfNSW","content":"#### 3E Functions of TfNSW\n\n3E Functions of TfNSW\n\n> > (1) TfNSW has the functions set out in Schedule 1.\n> \n> > (2) TfNSW has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) The functions of TfNSW do not limit the functions of the Transport Secretary as head of the Department of Transport.\n> \n> > (4) TfNSW cannot employ any staff.\n> > \n> > Note.\n> > \n> > Staff may be employed under Part 7A in the Transport Service to enable TfNSW to exercise its functions.\n> \n> **s 3E:** Ins 2010 No 31, Sch 1.1 \\[5\\]. Subst 2011 No 41, Sch 1 \\[8\\]. Am 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":11},{"sectionNumber":"3F","sectionType":"section","heading":"Corporate plan for TfNSW","content":"#### 3F Corporate plan for TfNSW\n\n3F Corporate plan for TfNSW\n\n> TfNSW is to prepare and make publicly available a corporate plan for the activities of TfNSW in the next 5 financial years. TfNSW is to revise the corporate plan annually.\n> \n> **s 3F:** Ins 2010 No 31, Sch 1.1 \\[5\\]. Subst 2011 No 41, Sch 1 \\[8\\].","sortOrder":12},{"sectionNumber":"3G","sectionType":"section","heading":"Directions by TfNSW to certain transport authorities","content":"#### 3G Directions by TfNSW to certain transport authorities\n\n3G Directions by TfNSW to certain transport authorities\n\n> > (1) TfNSW may, for the purpose of exercising its functions, give directions to the following bodies in relation to the exercise of their functions—\n> > \n> > > (a), (b) (Repealed)\n> > \n> > > (c) State Transit Authority,\n> > \n> > > (d) Sydney Ferries,\n> > \n> > > (e) NSW Trains,\n> > \n> > > (f) Sydney Trains,\n> > \n> > > (f1) (Repealed)\n> > \n> > > (f2) Sydney Metro,\n> > \n> > > (f3) NSW Motorways,\n> > \n> > > (g) a public or private subsidiary corporation (as referred to in Part 6B) of any of those bodies.\n> > \n> > Note.\n> > \n> > This Act provides that the Chief Executive of a body referred to in paragraphs (a)–(f) is, in managing the affairs of the body, to do so in accordance with any directions of TfNSW under this section.\n> \n> > (2) A body referred to in subsection (1) is required to provide TfNSW, at such times and in such form as TfNSW directs, with the following—\n> > \n> > > (a) the operating and capital works budget of the body for the next year and forward years,\n> > \n> > > (b) any other information held by or relating to the body that TfNSW considers is required for the purposes of exercising its functions.\n> > \n> > If a budget of the body is required to be changed as a result of a direction of TfNSW under this section, the body is to provide the revised budget to TfNSW.\n> \n> > (3) This section is not subject to any contract under clause 1(e) of Schedule 1 with a body referred to in subsection (1).\n> \n> > (4) TfNSW may not give a direction under this section to a body in relation to the exercise by that body of the body’s functions as a relevant safety regulator under section 3H.\n> \n> **s 3G:** Ins 2011 No 41, Sch 1 \\[8\\]. Am 2011 No 41, Schs 3.1 \\[5\\], 4.1 \\[4\\]; 2012 No 82, Sch 2.13 \\[2\\]; 2017 No 12, Schs 1.1\\[5\\], 2.1\\[5\\]; 2018 No 18, Sch 1 \\[9\\]; 2019 No 19, Sch 1\\[4\\]; 2024 No 95, Sch 1\\[3\\] \\[4\\]; 2025 No 66, Sch 2.1\\[4\\].","sortOrder":13},{"sectionNumber":"3H","sectionType":"section","heading":"Review by relevant safety regulator of directions relating to transport safety matters","content":"#### 3H Review by relevant safety regulator of directions relating to transport safety matters\n\n3H Review by relevant safety regulator of directions relating to transport safety matters\n\n> > (1) In this section—\n> > \n> > direction means a direction given by TfNSW under section 3G to a body (a transport authority).\n> > \n> > relevant safety regulator means—\n> > \n> > > (a) in the case of a direction relating to rail services or infrastructure—the National Rail Safety Regulator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or\n> > \n> > > (b) in the case of a direction relating to bus services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or\n> > \n> > > (c) in the case of a direction relating to ferry services—the Chief Investigator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section.\n> > \n> > safety management system of a transport authority means any safety management system that the authority is required to have—\n> > \n> > > (a) under section 9D of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), or\n> > \n> > > (b) under section 99 of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a), or\n> > \n> > > (c) under the National law (within the meaning of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121)).\n> \n> > (2) A transport authority may advise TfNSW of the likely impact on its safety management system of compliance with a direction of TfNSW (including whether the authority needs to make appropriate modifications to its safety management system before it is able to comply with the direction).\n> \n> > (3) As a result of that advice, TfNSW may—\n> > \n> > > (a) change or revoke the direction, or\n> > \n> > > (b) suspend the direction and request the relevant safety regulator to review the likely impact of the direction.\n> \n> > (4) If—\n> > \n> > > (a) TfNSW does not change, revoke or suspend the direction, and\n> > \n> > > (b) the transport authority considers that as a result of the direction it will not be able to comply with its safety management system,\n> > \n> > the transport authority may, within 14 days after receiving the direction, request the relevant safety regulator to review the likely impact of the direction. Any such request operates to suspend the direction.\n> \n> > (5) The relevant safety regulator is to review the likely impact of the direction on the safety management system within 14 days after being requested to do so, and notify TfNSW and the transport authority of the result of its review.\n> \n> > (6) TfNSW may, as a result of the review, confirm, change or revoke the direction.\n> \n> > (7) Unless a suspended direction is sooner revoked, the suspension of the direction ceases—\n> > \n> > > (a) at the end of the period of 14 days after the relevant safety regulator is requested to review the likely impact of the direction, or\n> > \n> > > (b) at such time TfNSW decides, as a result of the review, to change or confirm the direction,\n> > \n> > whichever first occurs. However, TfNSW may extend the suspension beyond the period that it would otherwise cease under this subsection.\n> \n> > (8) TfNSW may, without limiting any other provision of this section, request the relevant safety regulator for advice on the safety implications of a direction or proposed direction.\n> \n> **s 3H:** Ins 2011 No 41, Sch 1 \\[8\\]. Am 2012 No 82, Sch 2.13 \\[3\\] \\[4\\]; 2012 No 90, Sch 2.15 \\[1\\] \\[2\\]; 2017 No 4, Sch 1 \\[4\\]; 2019 No 19, Sch 1\\[5\\].","sortOrder":14},{"sectionNumber":"3I","sectionType":"section","heading":"Delegation of TfNSW’s functions","content":"#### 3I Delegation of TfNSW’s functions\n\n3I Delegation of TfNSW’s functions\n\n> > (1) TfNSW may delegate to an authorised person any of its functions (including any function delegated to TfNSW), other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by TfNSW if the delegate is authorised in writing to do so by TfNSW.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) a public transport agency or a member of staff of a public transport agency, or\n> > \n> > > (a1) (Repealed)\n> > \n> > > (a2) TAM or a member of staff of TAM, or\n> > \n> > > (a3) NSW Motorways or a member of staff of NSW Motorways, or\n> > \n> > > (b) a person of a class prescribed by the regulations.\n> \n> **s 3I:** Ins 2011 No 41, Sch 1 \\[8\\]. Am 2017 No 12, Sch 1.1 \\[6\\]; 2024 No 58, Sch 1.2\\[5\\]; 2024 No 95, Sch 1\\[5\\]; 2025 No 66, Sch 2.1\\[5\\].","sortOrder":15},{"sectionNumber":"3J","sectionType":"section","heading":"Acceptance of delegated functions by TfNSW","content":"#### 3J Acceptance of delegated functions by TfNSW\n\n3J Acceptance of delegated functions by TfNSW\n\n> > (1) TfNSW may accept a delegation of the functions of a public transport agency, NSW Motorways or TAM.\n> \n> > (2) A public transport agency is authorised to delegate any function of the agency to TfNSW.\n> \n> > (3) (Repealed)\n> \n> > (4) TAM is authorised to delegate a function of TAM to TfNSW.\n> \n> > (5) TAM may accept a delegation of the functions of TfNSW.\n> \n> > (6) NSW Motorways is authorised to delegate a function of NSW Motorways to TfNSW.\n> \n> > (7) NSW Motorways may accept a delegation of the functions of TfNSW.\n> \n> **s 3J:** Ins 2011 No 41, Sch 1 \\[8\\]. Am 2017 No 12, Sch 1.1 \\[7\\] \\[8\\]; 2024 No 58, Sch 1.2\\[6\\] \\[7\\]; 2024 No 95, Sch 1\\[6\\] \\[7\\]; 2025 No 66, Sch 2.1\\[6\\] \\[7\\].","sortOrder":16},{"sectionNumber":"3K","sectionType":"section","heading":"Disclosure of information by agencies to TfNSW","content":"#### 3K Disclosure of information by agencies to TfNSW\n\n3K Disclosure of information by agencies to TfNSW\n\n> > (1) A public transport agency is authorised to disclose information held by the agency to TfNSW if the disclosure is for the purpose of assisting TfNSW to exercise its functions under this or any other Act or is for the purpose of complying with a requirement imposed by TfNSW.\n> \n> > (1A) TAM is authorised to disclose information held by it to TfNSW if the disclosure is for the purpose of assisting TfNSW to exercise its functions under this or another Act.\n> \n> > (1B) NSW Motorways is authorised to disclose information held by it to TfNSW if the disclosure assists TfNSW in the exercise of its functions under this Act or another Act.\n> \n> > (2) The authority conferred by this section applies despite any provision of any other Act that would otherwise prevent the disclosure of information by the public transport agency concerned, NSW Motorways or TAM.\n> \n> **s 3K:** Ins 2011 No 41, Sch 1 \\[8\\]. Am 2024 No 58, Sch 1.2\\[8\\] \\[9\\]; 2024 No 95, Sch 1\\[8\\] \\[9\\].","sortOrder":17},{"sectionNumber":"3L","sectionType":"section","heading":"Annual reporting information","content":"#### 3L Annual reporting information\n\n3L Annual reporting information\n\n> Annual reporting information prepared for the Department of Transport under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) may include any annual reporting information under that Act for TfNSW.\n> \n> **s 3L:** Ins 2011 No 41, Sch 1 \\[8\\]. Subst 2018 No 70, Sch 4.105\\[1\\].","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transport Asset Manager","content":"# Part 2 Transport Asset Manager\n\nPart 2 Transport Asset Manager\n\n**pt 2:** Subst 2003 No 96, Sch 1 \\[8\\]; 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution and objectives of Transport Asset Manager","content":"## Division 1 Constitution and objectives of Transport Asset Manager\n\nDivision 1 Constitution and objectives of Transport Asset Manager\n\n**pt 2, div 1, hdg:** Subst 2003 No 96, Sch 1 \\[8\\]. Am 2008 No 98, Sch 1.1 \\[2\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n\n**pt 2, div 1:** Subst 2003 No 96, Sch 1 \\[8\\]; 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":20},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Transport Asset Manager","content":"#### 4 Establishment of Transport Asset Manager\n\n4 Establishment of Transport Asset Manager\n\n> > (1) The corporation constituted under section 4 immediately before its substitution by the [Transport Administration Amendment Act 2024](/view/pdf/asmade/act-2024-58) is continued by this section with the corporate name of Transport Asset Manager of New South Wales.\n> \n> > (2) On and from the substitution of this section—\n> > \n> > > (a) the corporate name of Transport Asset Holding Entity of New South Wales is changed to Transport Asset Manager of New South Wales, and\n> > \n> > > (b) that body, for all purposes, including the rules of private international law, continues in existence under its new name so that its identity is not affected, and\n> > \n> > > (c) TAM is a NSW Government agency.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 53 deals with the alteration of a name or constitution of a statutory body.\n> \n> **s 4:** Subst 2003 No 96, Sch 1 \\[8\\]. Am 2008 No 98, Sch 1.1 \\[3\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n> \n> **pt 2, div 1A:** Ins 1996 No 56, Sch 1 \\[6\\]. Rep 2003 No 96, Sch 1 \\[8\\].\n> \n> **s 4A:** Ins 1996 No 56, Sch 1 \\[6\\]. Subst 2000 No 89, Sch 3 \\[1\\]. Rep 2003 No 96, Sch 1 \\[8\\].","sortOrder":21},{"sectionNumber":"5","sectionType":"section","heading":"Objectives of TAM","content":"#### 5 Objectives of TAM\n\n5 Objectives of TAM\n\n> > (1) The principal objective of TAM is to undertake its activities in a safe and reliable way.\n> \n> > (2) The other objectives of TAM are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as comparable businesses, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in TAM,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which TAM operates,\n> > \n> > > (c) if TAM’s activities affect the environment—to conduct its operations in compliance with the principles of ecologically sustainable development set out in the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060), section 6(2),\n> > \n> > > (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which TAM operates.\n> \n> > (3) The other objectives of TAM are of equal importance, but are not as important as the principal objective of the corporation.\n> \n> **s 5:** Am 1996 No 56, Sch 1 \\[7\\]; 2000 No 89, Sch 3 \\[2\\]. Subst 2003 No 96, Sch 1 \\[8\\]. Am 2004 No 31, Sch 1 \\[7\\]; 2008 No 98, Sch 1.1 \\[4\\]; 2017 No 12, Sch 1.1 \\[9\\] \\[10\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":22},{"sectionNumber":"6","sectionType":"section","heading":"Common objectives and service delivery priorities","content":"#### 6 Common objectives and service delivery priorities\n\n6 Common objectives and service delivery priorities\n\n> > (1) TAM must also, in the exercise of its functions, have regard to the common objectives of public transport agencies set out in section 2B(1).\n> \n> > (2) TAM must determine its service delivery priorities, having regard to the Minister’s expectations for service delivery established by a Statement of Expectations issued annually to it by the Minister.\n> \n> **s 6:** Am 1996 No 56, Sch 1 \\[8\\]. Subst 2003 No 96, Sch 1 \\[8\\]. Am 2008 No 97, Sch 4.7 \\[1\\]; 2012 No 82, Sch 2.13 \\[5\\]; 2017 No 12, Sch 1.1 \\[11\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n> \n> **s 6A:** Ins 2017 No 12, Sch 1.1 \\[12\\]. Rep 2017 No 12, Sch 2.1\\[6\\].","sortOrder":23},{"sectionNumber":"Division 2","sectionType":"division","heading":"Functions of Transport Asset Manager","content":"## Division 2 Functions of Transport Asset Manager\n\nDivision 2 Functions of Transport Asset Manager\n\n**pt 2, div 2:** Subst 2003 No 96, Sch 1 \\[8\\]; 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":24},{"sectionNumber":"7","sectionType":"section","heading":"Functions of TAM","content":"#### 7 Functions of TAM\n\n7 Functions of TAM\n\n> > (1) The functions of TAM are as follows—\n> > \n> > > (a) to hold, manage, operate and maintain transport assets vested in or owned by it, or to be vested in or owned by it,\n> > \n> > > (b) to establish, finance, acquire, construct and develop transport assets to be vested in or owned by it,\n> > \n> > > (c) to promote and facilitate access to the part of the NSW rail network vested in or owned by TAM in accordance with a current NSW rail access undertaking or otherwise lease or make available transport assets vested in or owned by TAM to other persons or bodies,\n> > \n> > > (d) to acquire and develop land to enable TAM to carry out its other functions, including the acquisition of land under sections 8 and 9,\n> > \n> > > (e) to sell, lease or otherwise dispose of land vested in or owned by it,\n> > \n> > > (f) to make and enter into contracts or arrangements with other persons to enable TAM to carry out its other functions,\n> > \n> > > (g) to appoint agents, and act as agents for other persons,\n> > \n> > > (h) to make and enter into contracts or arrangements with a public transport agency to enable TAM to exercise its functions in relation to assets vested in or owned by the public transport agency,\n> > \n> > > (i) with the approval of the Minister, to dispose of vehicles, vessels, wharves, engines, carriages, plant, machinery or equipment vested in or owned by TAM.\n> \n> > (2) TAM may—\n> > \n> > > (a) provide facilities or services that are necessary, ancillary or incidental to its functions, and\n> > \n> > > (b) conduct a business or activity, whether or not related to its functions under subsection (1), that it considers will further its objectives.\n> \n> > (3) TAM also has the other functions that are conferred or imposed on it by or under another Act or law.\n> \n> > (4) TAM cannot employ staff.\n> \n> > (5) If TfNSW gives written notification to TAM of the way in which it exercises the TfNSW functions listed in Schedule 1, Parts 1 and 2, TAM must, in the exercise of its functions, have regard to the information in the notification.\n> \n> > (6) The Minister may authorise TAM to carry out its functions outside of the State.\n> \n> **s 7:** Rep 1996 No 56, Sch 1 \\[9\\]. Ins 2003 No 96, Sch 1 \\[8\\]. Am 2004 No 31, Sch 1 \\[8\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n> \n> **s 7A:** Ins 1993 No 50, Sch 3. Am 2002 No 96, Sch 7.6 \\[1\\]. Rep 2003 No 96, Sch 1 \\[8\\].","sortOrder":25},{"sectionNumber":"8","sectionType":"section","heading":"Other property development functions of TAM","content":"#### 8 Other property development functions of TAM\n\n8 Other property development functions of TAM\n\n> > (1) TAM may, with the approval of the Minister, carry out, finance, develop, manage or otherwise participate in, including by entering into joint venture arrangements, development for residential, retail, commercial, industrial, mixed use, community, public open space or recreational purposes on land vested in it, or to be vested or owned by it.\n> \n> > (2) TAM may, for the purposes referred to in subsection (1), acquire land by agreement, including an interest in land.\n> \n> > (3) The imposition or conferral of a function on TAM by this section does not limit the imposition or conferral of a function by another provision of this Act.\n> \n> **s 8:** Am 1996 No 56, Sch 1 \\[10\\]–\\[12\\]. Subst 2003 No 96, Sch 1 \\[8\\]. Am 2004 No 31, Sch 1 \\[9\\]; 2011 No 41, Sch 1 \\[9\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n> \n> **s 8A:** Ins 1991 No 82, sec 15 (a). Am 1996 No 56, Sch 1 \\[13\\]; 1998 No 8, Sch 1 \\[6\\]; 2000 No 89, Sch 2.1 \\[7\\]; 2001 No 35, Sch 3.7 \\[3\\]. Rep 2003 No 96, Sch 1 \\[8\\].","sortOrder":26},{"sectionNumber":"9","sectionType":"section","heading":"Acquisition of land by TAM","content":"#### 9 Acquisition of land by TAM\n\n9 Acquisition of land by TAM\n\n> > (1) TAM may, for any purposes of TAM, acquire land, including an interest in land, by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal that enables TAM to exercise its functions in relation to land under this Act.\n> \n> > (3) For the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045)—\n> > \n> > > (a) an acquisition of land under subsection (1) is taken to be an authorised work, and\n> > \n> > > (b) TAM is, in relation to the authorised work, taken to be the Constructing Authority.\n> \n> > (4) TAM must not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Minister.\n> \n> > (5) An acquisition is not void merely because it is expressed to be for the purposes of TAM or for the purposes of this Act.\n> \n> > (6) The [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), Part 3 does not apply in relation to works constructed for the purposes of this section.\n> \n> **s 9:** Am 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[14\\] \\[15\\]. Subst 2003 No 96, Sch 1 \\[8\\]; 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":27},{"sectionNumber":"Division 3","sectionType":"division","heading":"Management of TAM","content":"## Division 3 Management of TAM\n\nDivision 3 Management of TAM\n\n**pt 2, div 3:** Subst 2003 No 96, Sch 1 \\[8\\]; 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":28},{"sectionNumber":"10","sectionType":"section","heading":"Chief Executive of TAM","content":"#### 10 Chief Executive of TAM\n\n10 Chief Executive of TAM\n\n> > (1) The Minister may appoint a Chief Executive of TAM.\n> \n> > (2) Despite section 68C(3), the Minister may, subject to this Act or another Act or law, exercise on behalf of the Government the employer functions of the Government in relation to the Chief Executive.\n> \n> > (3) Accordingly, a reference to the Transport Secretary in this Act or another Act or law in connection with the exercise of employer functions in relation to the Chief Executive is to be read as a reference to the Minister.\n> \n> > (4) Part 7, Division 4 does not apply to the Chief Executive.\n> \n> Note—\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive.\n> \n> **s 10:** Subst 2003 No 96, Sch 1 \\[8\\]. Am 2008 No 98, Sch 1.1 \\[5\\]; 2010 No 31, Sch 7.1 \\[9\\]; 2017 No 12, Sch 1.1 \\[13\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2023 No 50, Sch 1; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":29},{"sectionNumber":"11","sectionType":"section","heading":"Chief Executive to manage TAM","content":"#### 11 Chief Executive to manage TAM\n\n11 Chief Executive to manage TAM\n\n> > (1) The affairs of TAM must be managed and controlled by the Chief Executive of TAM in accordance with any directions of the Minister under section 3B.\n> \n> > (2) An act, matter or thing done in the name of, or on behalf of, TAM by the Chief Executive is taken to have been done by TAM.\n> \n> **s 11:** Subst 2003 No 96, Sch 1 \\[8\\]. Am 2010 No 31, Sch 7.1 \\[10\\]; 2011 No 41, Sch 1 \\[10\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].\n> \n> **s 11A:** Ins 2008 No 98, Sch 1.1 \\[6\\]. Am 2010 No 31, Sch 7.1 \\[11\\]. Rep 2017 No 12, Sch 2.1\\[6\\].","sortOrder":30},{"sectionNumber":"12","sectionType":"section","heading":"TAM advisory board","content":"#### 12 TAM advisory board\n\n12 TAM advisory board\n\n> > (1) TAM is to have an advisory board.\n> \n> > (2) The TAM advisory board must provide advice to—\n> > \n> > > (a) TAM, on the matters referred to it by TAM, and\n> > \n> > > (b) the Minister, on the matters referred to it by the Minister.\n> \n> > (3) The TAM advisory board consists of the following—\n> > \n> > > (a) at least 3, but not more than 7, board members appointed by the Minister,\n> > \n> > > (b) the Transport Secretary.\n> \n> > (4) The board members must be persons who, in the Minister’s opinion, will assist TAM to achieve its objectives.\n> \n> > (5) One of the board members is, in and by the member’s instrument of appointment or in and by another instrument executed by the Minister, to be appointed as chairperson of the TAM advisory board.\n> \n> > (6) The Chief Executive of TAM must not be appointed as a board member, but may be invited by the advisory board to attend meetings.\n> \n> > (7) The Minister may remove a board member, or the chairperson, from office at any time for any or no reason and without notice.\n> \n> **s 12:** Subst 2003 No 96, Sch 1 \\[8\\]. Am 2008 No 98, Sch 1.1 \\[7\\]. Subst 2017 No 12, Sch 2.1\\[6\\]. Am 2022 No 59, Sch 2.47. Subst 2024 No 58, Sch 1.2\\[10\\].","sortOrder":31},{"sectionNumber":"Division 4","sectionType":"division","heading":"General","content":"## Division 4 General\n\nDivision 4 General\n\n**pt 2, div 4:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2008 No 98, Sch 1.1 \\[8\\]. Rep 2017 No 12, Sch 2.1\\[6\\]. Ins 2024 No 58, Sch 1.2\\[10\\].","sortOrder":32},{"sectionNumber":"13","sectionType":"section","heading":"Corporate plans","content":"#### 13 Corporate plans\n\n13 Corporate plans\n\n> > (1) TAM must, at least 3 months before the beginning of each financial year, prepare and give to the Minister a draft corporate plan for the financial year.\n> \n> > (2) TAM must—\n> > \n> > > (a) consider comments on the draft corporate plan that were made by the Minister within 2 months after the draft plan was given to the Minister, and\n> > \n> > > (b) give the completed corporate plan to the Minister before the beginning of the financial year.\n> \n> > (3) TAM must make a draft plan available for public comment for at least 30 days and must have regard to submissions it receives about the draft plan within that period.\n> \n> > (4) The arrangements for obtaining or inspecting the draft plan and for making submissions must be publicly advertised.\n> \n> > (5) TAM must make the completed corporate plan available for public inspection.\n> \n> > (6) However, TAM is not required to include in a draft or completed plan made available for public comment or inspection commercially sensitive information or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (7) TAM must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (8) A corporate plan must specify—\n> > \n> > > (a) the separate activities of TAM and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each separate activity for the financial year and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving the objectives in relation to each separate activity, and\n> > \n> > > (d) the targets and criteria for assessing TAM’s performance, and\n> > \n> > > (e) details of the following that are proposed or expected to occur during the financial year—\n> > > \n> > > > (i) a sale or other disposal of land vested in or owned by TAM,\n> > > \n> > > > (ii) a lease of that land of more than 5 years duration.\n> \n> > (9) This section is subject to requirements made by or under this Act, including the requirements of a direction by the Minister under this Act.\n> \n> **s 13:** Am 1991 No 82, sec 15 (b). Subst 2000 No 89, Sch 3 \\[3\\]; 2003 No 96, Sch 1 \\[8\\]; 2005 No 64, Sch 2.59 \\[1\\] \\[2\\]; 2008 No 98, Sch 1.1 \\[8\\]. Rep 2010 No 31, Sch 1.1 \\[6\\]. Ins 2017 No 12, Sch 2.1\\[6\\]. Subst 2024 No 58, Sch 1.2\\[10\\].","sortOrder":33},{"sectionNumber":"14","sectionType":"section","heading":"Additional information to be included in annual report","content":"#### 14 Additional information to be included in annual report\n\n14 Additional information to be included in annual report\n\n> The annual report for TAM for a financial year must specify—\n> \n> > (a) details of the following that occurred during the financial year that were not specified as proposed or expected in the corporate plan for the financial year—\n> > \n> > > (i) a sale or other disposal of land vested in or owned by TAM,\n> > \n> > > (ii) a lease of that land of more than 5 years duration, and\n> \n> > (b) details of the following that did not occur during the financial year that were specified as proposed or expected in the corporate plan for the financial year—\n> > \n> > > (i) a sale or other disposal of land vested in or owned by TAM,\n> > \n> > > (ii) a lease of that land of more than 5 years duration.\n> \n> **s 14:** Subst 2003 No 96, Sch 1 \\[8\\]; 2008 No 98, Sch 1.1 \\[8\\]. Rep 2010 No 31, Sch 1.1 \\[6\\]. Ins 2017 No 12, Sch 2.1\\[6\\]. Subst 2024 No 58, Sch 1.2\\[10\\].","sortOrder":34},{"sectionNumber":"15","sectionType":"section","heading":"Delegation of functions of TAM","content":"#### 15 Delegation of functions of TAM\n\n15 Delegation of functions of TAM\n\n> > (1) TAM may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person a function delegated by TAM if the delegate is authorised in writing to do so by TAM.\n> \n> > (3) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) a member of staff of TAM, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by the Minister.\n> \n> **s 15:** Am 1996 No 56, Sch 1 \\[16\\]–\\[18\\]. Subst 2003 No 96, Sch 1 \\[8\\]; 2008 No 98, Sch 1.1 \\[8\\]. Subst 2010 No 31, Sch 1.1 \\[7\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":35},{"sectionNumber":"16","sectionType":"section","heading":"TAM to supply information to Minister","content":"#### 16 TAM to supply information to Minister\n\n16 TAM to supply information to Minister\n\n> TAM must—\n> \n> > (a) give the Minister, or a person nominated by the Minister, the information relating to its activities that the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities and significant developments in its activities.\n> \n> **s 16:** Subst 2003 No 96, Sch 1 \\[8\\]; 2008 No 98, Sch 1.1 \\[8\\]. Am 2010 No 31, Schs 1.1 \\[8\\], 7.1 \\[12\\]; 2011 No 41, Sch 1 \\[10\\] \\[11\\]. Subst 2017 No 12, Sch 2.1\\[6\\]; 2024 No 58, Sch 1.2\\[10\\].","sortOrder":36},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17, 18 (Repealed)","sortOrder":37},{"sectionNumber":"Part 2A","sectionType":"part","heading":null,"content":"# Part 2A\n\nParts 2A, 2B\n\n19–19AH (Repealed)\n\n**pt 2A:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**pt 2A, div 1:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**pt 2A, div 2:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18A:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**pt 2A, div 3:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18B:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**pt 2A, div 4:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18C:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18D:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18E:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18F:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18G:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\] \\[11\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**pt 2A, div 5:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18H:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18I:** Ins 2003 No 96, Sch 1 \\[8\\]. Subst 2010 No 31, Sch 2.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\]. Rep 2011 No 41, Sch 3.1 \\[6\\].\n\n**s 18J:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**pt 2A, div 6:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18K:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 18L:** Ins 2003 No 96, Sch 1 \\[8\\]. Am 2007 No 2, sec 3. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**ss 18M–18O:** Ins 2003 No 96, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 2.1 \\[3\\].\n\n**s 19:** Rep 2003 No 96, Sch 1 \\[8\\].\n\n**pt 2B, hdg (previously Part 2A, heading):** Ins 1996 No 56, Sch 1 \\[19\\]. Subst 2003 No 96, Sch 1 \\[9\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**pt 2B (previously Part 2A):** Ins 1996 No 56, Sch 1 \\[19\\]. Subst 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**pt 2B, div 1 (previously Part 2A, Div 1):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2003 No 96, Sch 1 \\[10\\].\n\n**s 19A:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 1998 No 54, Sch 1.21 \\[1\\]; 2000 No 89, Sch 2.1 \\[8\\]; 2001 No 131, Sch 1 \\[2\\]–\\[5\\]. Rep 2003 No 96, Sch 1 \\[10\\]. Ins 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19B:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 1998 No 54, Sch 1.21 \\[2\\] \\[3\\]; 2000 No 89, Sch 2.1 \\[8\\]. Rep 2001 No 131, Sch 1 \\[6\\]. Ins 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**pt 2B, div 2, hdg (previously Part 2A, Div 2, heading):** Ins 1996 No 56, Sch 1 \\[19\\]. Subst 2000 No 89, Sch 2.1 \\[9\\]. Rep 2003 No 96, Sch 1 \\[10\\].\n\n**pt 2B, div 2 (previously Part 2A, Div 2):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19C:** Ins 1996 No 56, Sch 1 \\[19\\]. Subst 2000 No 89, Sch 2.1 \\[10\\]. Am 2001 No 35, Sch 3.7 \\[4\\]. Subst 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19C, note:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 1998 No 8, Sch 1 \\[7\\]; 2000 No 89, Sch 2.1 \\[11\\]; 2001 No 34, Sch 4.68. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19D:** Ins 1996 No 56, Sch 1 \\[19\\]. Subst 2000 No 89, Sch 2.1 \\[12\\]. Am 2001 No 131, Sch 1 \\[7\\]; 2003 No 96, Sch 1 \\[11\\] \\[12\\]; 2004 No 31, Sch 1 \\[11\\]. Subst 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19E:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 1998 No 54, Sch 1.21 \\[4\\]; 2000 No 89, Sch 2.1 \\[8\\] \\[13\\]–\\[18\\]; 2001 No 131, Sch 1 \\[8\\]–\\[12\\]; 2003 No 96, Sch 1 \\[13\\]–\\[18\\]; 2004 No 31, Sch 1 \\[12\\]; 2004 No 91, Sch 2.81. Subst 2010 No 31, Sch 3.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\] \\[11\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19F:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2001 No 56, Sch 2.44 \\[1\\]. Rep 2003 No 96, Sch 1 \\[19\\]. Ins 2010 No 31, Sch 3.1 \\[3\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19FA:** Ins 2000 No 89, Sch 2.1 \\[20\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19FB:** Ins 2000 No 89, Sch 2.1 \\[21\\]. Am 2001 No 131, Sch 1 \\[13\\]. Rep 2003 No 96, Sch 1 \\[20\\].\n\n**s 19FC:** Ins 2001 No 131, Sch 1 \\[14\\]. Rep 2003 No 96, Sch 1 \\[20\\].\n\n**pt 2B, div 3 (previously Part 2A, Div 3):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2001 No 35, Sch 3.7 \\[5\\].\n\n**s 19G:** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2001 No 35, Sch 3.7 \\[5\\]. Ins 2010 No 31, Sch 3.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[10\\]. Rep 2011 No 41, Sch 4.1 \\[5\\].\n\n**s 19G, note:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2000 No 89, Sch 2.1 \\[19\\]. Rep 2001 No 35, Sch 3.7 \\[5\\].\n\n**s 19H:** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2001 No 35, Sch 3.7 \\[5\\].\n\n**s 19I:** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2001 No 35, Sch 3.7 \\[5\\].\n\n**pt 2B, div 3A (ss 19IA–19IC) (previously Part 2A, Div 3A (secs 19IA–19IC)):** Ins 1998 No 8, Sch 1 \\[8\\]. Rep 2000 No 89, Sch 2.1 \\[22\\].\n\n**pt 2B, div 4, hdg (previously Part 2A, Div 4, heading):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2003 No 96, Sch 1 \\[21\\].\n\n**pt 2B, div 4 (previously Part 2A, Div 4):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19J:** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2003 No 96, Sch 1 \\[22\\].\n\n**s 19K:** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 2003 No 96, Sch 1 \\[22\\].\n\n**s 19L:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2003 No 96, Sch 1 \\[23\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19M:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2002 No 96, Sch 7.6 \\[2\\]. Rep 2003 No 96, Sch 1 \\[24\\].\n\n**s 19N:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2003 No 96, Sch 1 \\[25\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19NA:** Ins 2000 No 89, Sch 2.1 \\[23\\]. Am 2005 No 64, Sch 2.59 \\[1\\]–\\[3\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19O:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2000 No 89, Sch 2.1 \\[24\\] \\[25\\]. Rep 2001 No 35, Sch 3.7 \\[6\\].\n\n**s 19P:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2003 No 96, Sch 1 \\[26\\] \\[27\\]. Rep 2007 No 2, sec 3.\n\n**s 19Q:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 1998 No 8, Sch 1 \\[9\\]; 2000 No 89, Sch 2.1 \\[8\\]. Rep 2001 No 35, Sch 3.7 \\[7\\].\n\n**s 19R:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2000 No 89, Sch 2.1 \\[26\\] \\[27\\]; 2001 No 35, Sch 3.7 \\[8\\]; 2003 No 65, Sch 1 \\[6\\]; 2003 No 96, Sch 1 \\[28\\]–\\[30\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19S:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2000 No 89, Sch 2.1 \\[28\\]; 2003 No 96, Sch 1 \\[31\\] \\[32\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**s 19T:** Ins 1996 No 56, Sch 1 \\[19\\]. Am 2003 No 96, Sch 1 \\[32\\]–\\[34\\]. Rep 2010 No 31, Sch 3.1 \\[3\\].\n\n**pt 2B, divs 1–5 (ss 19U–19AH):** Ins 1996 No 56, Sch 1 \\[19\\]. Rep 1998 No 8, Sch 1 \\[10\\].","sortOrder":39},{"sectionNumber":"Part 3","sectionType":"part","heading":"State Transit Authority","content":"# Part 3 State Transit Authority\n\nPart 3 State Transit Authority","sortOrder":40},{"sectionNumber":"20","sectionType":"section","heading":"Constitution of STA","content":"#### 20 Constitution of STA\n\n20 Constitution of STA\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the State Transit Authority of New South Wales.\n> \n> > (2) The State Transit Authority—\n> > \n> > > (a) has the functions conferred or imposed on it by or under this or any other Act, and\n> > \n> > > (b) is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> > (3) (Repealed)\n> \n> **s 20:** Am 2006 No 2, Sch 4.75 \\[1\\]; 2014 No 33, Sch 3.32 \\[3\\].","sortOrder":42},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Objectives of State Transit Authority","content":"## Division 1A Objectives of State Transit Authority\n\nDivision 1A Objectives of State Transit Authority\n\n**pt 3, div 1A:** Ins 1996 No 56, Sch 1 \\[20\\].","sortOrder":43},{"sectionNumber":"20A","sectionType":"section","heading":"Objectives of STA","content":"#### 20A Objectives of STA\n\n20A Objectives of STA\n\n> > (1) The principal objectives of the State Transit Authority are—\n> > \n> > > (a) to operate efficient, safe and reliable bus services and Newcastle ferry services, and\n> > \n> > > (b) to be a successful business and, to this end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable businesses, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in the Authority, and\n> > \n> > > (c) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates, and\n> > \n> > > (d) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060), and\n> > \n> > > (e) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.\n> \n> > (2) Each of the principal objectives of the State Transit Authority is of equal importance.\n> \n> **s 20A:** Ins 1996 No 56, Sch 1 \\[20\\]. Am 2003 No 99, Sch 1 \\[3\\].","sortOrder":44},{"sectionNumber":"21","sectionType":"section","heading":"Bus services","content":"#### 21 Bus services\n\n21 Bus services\n\n> > (1) The State Transit Authority shall operate bus services.\n> \n> > (2) The State Transit Authority shall continue to operate the bus services which were provided by the Urban Transit Authority immediately before the commencement of this section.\n> \n> > (3) Subsection (2) does not limit the power of the State Transit Authority—\n> > \n> > > (a) to establish any new bus service, or\n> > \n> > > (b) to alter or discontinue any of its bus services.","sortOrder":46},{"sectionNumber":"22","sectionType":"section","heading":"Newcastle ferry services","content":"#### 22 Newcastle ferry services\n\n22 Newcastle ferry services\n\n> > (1) The State Transit Authority shall operate Newcastle ferry services.\n> \n> > (2) The State Transit Authority is to continue to operate the Newcastle ferry services which were provided by the Authority immediately before the commencement of this subsection, as substituted by the [Transport Administration Amendment (Sydney Ferries) Act 2003](/view/html/repealed/current/act-2003-099).\n> \n> > (3) Subsection (2) does not limit the power of the State Transit Authority—\n> > \n> > > (a) to establish any new Newcastle ferry service, or\n> > \n> > > (b) to alter or discontinue any of its Newcastle ferry services.\n> \n> **s 22:** Am 2003 No 99, Sch 1 \\[4\\]–\\[6\\].","sortOrder":47},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":48},{"sectionNumber":"24","sectionType":"section","heading":"Miscellaneous functions of STA","content":"#### 24 Miscellaneous functions of STA\n\n24 Miscellaneous functions of STA\n\n> > (1) Without limiting any other functions conferred or imposed on it, the State Transit Authority may—\n> > \n> > > (a) conduct any business, whether or not related to the operation of its bus or ferry services, and for that purpose use any property or the services of any staff of the Authority,\n> > \n> > > (b) acquire and develop any land,\n> > \n> > > (c) acquire or build, and maintain or dispose of, any vehicles, vessels, wharves, plant, machinery or equipment,\n> > \n> > > (d) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials,\n> > \n> > > (e) make and enter into contracts or arrangements with any person for the operation by that person, on such terms as may be agreed on, of any of the Authority’s bus or ferry services or of any of the Authority’s businesses, and\n> > \n> > > (f) appoint agents, and act as agent for other persons.\n> \n> > (2) The State Transit Authority may exercise its functions within or outside New South Wales.","sortOrder":50},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25, 26 (Repealed)","sortOrder":52},{"sectionNumber":"27","sectionType":"section","heading":"Chief Executive of STA","content":"#### 27 Chief Executive of STA\n\n27 Chief Executive of STA\n\n> The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of the State Transit Authority.\n> \n> Note.\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive of the STA.\n> \n> **s 27:** Subst 2010 No 31, Sch 1.1 \\[12\\]. Am 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":54},{"sectionNumber":"28","sectionType":"section","heading":"Chief Executive to manage STA","content":"#### 28 Chief Executive to manage STA\n\n28 Chief Executive to manage STA\n\n> > (1) The affairs of the State Transit Authority shall be managed and controlled by the Chief Executive of that Authority in accordance with any directions of TfNSW under section 3G.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the State Transit Authority by the Chief Executive shall be taken to have been done by the State Transit Authority.\n> \n> **s 28:** Am 2010 No 31, Sch 1.1 \\[13\\]; 2011 No 41, Sch 1 \\[10\\] \\[11\\].","sortOrder":55},{"sectionNumber":"29","sectionType":"section","heading":null,"content":"#### 29\n\n29 (Repealed)","sortOrder":56},{"sectionNumber":"30","sectionType":"section","heading":"STA to supply information to Minister","content":"#### 30 STA to supply information to Minister\n\n30 STA to supply information to Minister\n\n> The State Transit Authority shall—\n> \n> > (a) supply the Minister or a person nominated by the Minister with such information relating to its activities as the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities, and of any significant development in its activities.","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Corporate plans","content":"#### 31 Corporate plans\n\n31 Corporate plans\n\n> > (1) The State Transit Authority shall, at least 3 months before the beginning of each financial year of the Authority, prepare and deliver to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) The State Transit Authority shall—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and\n> > \n> > > (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.\n> \n> > (2A) During the preparation of a corporate plan after the commencement of this subsection, the State Transit Authority is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.\n> \n> > (2B) The State Transit Authority is to make the completed corporate plan available for public inspection. However, the Authority is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (3) The State Transit Authority shall, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (4) A corporate plan shall specify—\n> > \n> > > (a) the separate activities of the State Transit Authority and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and\n> > \n> > > (d) targets and criteria for assessing the Authority’s performance.\n> \n> > (4A) A corporate plan must specify strategies for dealing with the integration of passenger services and passenger safety, security and conduct and any other similar issues that TfNSW directs are to be addressed by the corporate plan.\n> \n> > (5) This section is subject to any requirement made by or under this Act.\n> \n> > (6) (Repealed)\n> \n> **s 31:** Am 1996 No 56, Sch 1 \\[24\\]–\\[26\\]; 2009 No 54, Sch 2.53 \\[1\\]; 2010 No 31, Schs 1.1 \\[9\\], 7.1 \\[15\\] \\[16\\]; 2011 No 41, Sch 1 \\[10\\].","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":null,"content":"#### 32\n\n32–34 (Repealed)","sortOrder":60},{"sectionNumber":"35","sectionType":"section","heading":"Delegation of functions of STA","content":"#### 35 Delegation of functions of STA\n\n35 Delegation of functions of STA\n\n> > (1) The State Transit Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the State Transit Authority if the delegate is authorised in writing to do so by the Authority.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) an officer of the State Transit Authority, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by TfNSW.\n> \n> **s 35:** Am 2010 No 31, Sch 1.1 \\[14\\]; 2011 No 41, Sch 1 \\[10\\].","sortOrder":62},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Sydney Ferries","content":"# Part 3A Sydney Ferries\n\nPart 3A Sydney Ferries\n\n**pt 3A:** Ins 2003 No 99, Sch 1 \\[7\\].","sortOrder":63},{"sectionNumber":"35A","sectionType":"section","heading":"Constitution of Sydney Ferries","content":"#### 35A Constitution of Sydney Ferries\n\n35A Constitution of Sydney Ferries\n\n> > (1) There is constituted by this Act a corporation with the corporate name of Sydney Ferries.\n> \n> > (2) Sydney Ferries is a NSW Government agency.\n> \n> **s 35A:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2008 No 98, Sch 3.1 \\[3\\].","sortOrder":65},{"sectionNumber":"35B","sectionType":"section","heading":"Objectives of Sydney Ferries","content":"#### 35B Objectives of Sydney Ferries\n\n35B Objectives of Sydney Ferries\n\n> > (1) The principal objective of Sydney Ferries is to deliver safe and reliable Sydney ferry services in an efficient, effective and financially responsible manner.\n> \n> > (2) The other objectives of Sydney Ferries are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable business,\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in Sydney Ferries,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.\n> \n> > (3) The other objectives of Sydney Ferries are of equal importance, but are not as important as the principal objective of the corporation.\n> \n> > (4) (Repealed)\n> \n> **s 35B:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2008 No 98, Sch 3.1 \\[4\\].","sortOrder":67},{"sectionNumber":"35C","sectionType":"section","heading":"Sydney ferry services","content":"#### 35C Sydney ferry services\n\n35C Sydney ferry services\n\n> > (1) Sydney Ferries may operate Sydney ferry services.\n> \n> > (2), (3) (Repealed)\n> \n> > (4) The operation of a ferry service by Sydney Ferries is subject to the requirements of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> **s 35C:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2011 No 41, Sch 1 \\[12\\].","sortOrder":69},{"sectionNumber":"35D","sectionType":"section","heading":"Other transport services","content":"#### 35D Other transport services\n\n35D Other transport services\n\n> Sydney Ferries may operate other transport services, including bus services, whether or not in connection with its ferry services.\n> \n> **s 35D:** Ins 2003 No 99, Sch 1 \\[7\\].","sortOrder":70},{"sectionNumber":"35E","sectionType":"section","heading":"Other functions of Sydney Ferries","content":"#### 35E Other functions of Sydney Ferries\n\n35E Other functions of Sydney Ferries\n\n> > (1) Sydney Ferries has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (2) Sydney Ferries may—\n> > \n> > > (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and\n> > \n> > > (b) provide facilities or services that are ancillary to or incidental to its functions, and\n> > \n> > > (c) acquire and develop any land, and\n> > \n> > > (d) acquire or build, and maintain or dispose of, any engines, vessels, vehicles, plant, machinery or equipment, and\n> > \n> > > (e) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials, and\n> > \n> > > (f) make and enter into contracts or arrangements with any person for the operation by that person, on such terms as may be agreed on, of any of Sydney Ferries’ ferry or other transport services or of any of Sydney Ferries’ businesses, and\n> > \n> > > (g) appoint agents, and act as agents for other persons.\n> \n> **s 35E:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2008 No 98, Sch 3.1 \\[5\\].","sortOrder":71},{"sectionNumber":"35EA","sectionType":"section","heading":"Sale, lease or other disposal of land","content":"#### 35EA Sale, lease or other disposal of land\n\n35EA Sale, lease or other disposal of land\n\n> > (1) Sydney Ferries may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.\n> \n> > (2) Despite subsection (1), the approval of the Minister is not required—\n> > \n> > > (a) for any lease for a term not exceeding 5 years, or\n> > \n> > > (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.\n> \n> > (3) (Repealed)\n> \n> **s 35EA:** Ins 2008 No 98, Sch 3.1 \\[6\\]. Am 2010 No 31, Sch 7.1 \\[11\\].","sortOrder":72},{"sectionNumber":"35F","sectionType":"section","heading":"Acquisition of land by Sydney Ferries","content":"#### 35F Acquisition of land by Sydney Ferries\n\n35F Acquisition of land by Sydney Ferries\n\n> > (1) Sydney Ferries may, for any purposes of Sydney Ferries, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The other purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable Sydney Ferries to exercise its functions in relation to land under this Act.\n> \n> > (3) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and Sydney Ferries is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sydney Ferries may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of TfNSW.\n> \n> > (5) Any such acquisition is not void merely because it is expressed to be for the purposes of Sydney Ferries or for the purposes of this Act.\n> \n> > (6) Part 3 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) does not apply in respect of works constructed for the purposes of this section.\n> \n> **s 35F:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2010 No 31, Sch 7.1 \\[17\\]; 2011 No 41, Sch 1 \\[10\\]; 2022 No 59, Sch 2.47.","sortOrder":73},{"sectionNumber":"35G","sectionType":"section","heading":"Effect of Division","content":"#### 35G Effect of Division\n\n35G Effect of Division\n\n> This Division does not limit the functions of Sydney Ferries apart from this Division, but is subject to the provisions of this Act and any other Act or law.\n> \n> **s 35G:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2008 No 98, Sch 3.1 \\[7\\].","sortOrder":74},{"sectionNumber":"35H","sectionType":"section","heading":null,"content":"#### 35H\n\n35H, 35I (Repealed)","sortOrder":76},{"sectionNumber":"35J","sectionType":"section","heading":"Chief Executive of Sydney Ferries","content":"#### 35J Chief Executive of Sydney Ferries\n\n35J Chief Executive of Sydney Ferries\n\n> The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of Sydney Ferries.\n> \n> Note.\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Ferries.\n> \n> **s 35J:** Ins 2003 No 99, Sch 1 \\[7\\]. Subst 2008 No 98, Sch 3.1 \\[8\\]. Subst 2010 No 31, Sch 1.1 \\[15\\]. Am 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":78},{"sectionNumber":"35K","sectionType":"section","heading":"Chief Executive to manage Sydney Ferries","content":"#### 35K Chief Executive to manage Sydney Ferries\n\n35K Chief Executive to manage Sydney Ferries\n\n> > (1) The affairs of Sydney Ferries are to be managed and controlled by the Chief Executive of Sydney Ferries in accordance with any directions of TfNSW under section 3G.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, Sydney Ferries by the Chief Executive is taken to have been done by Sydney Ferries.\n> \n> **s 35K:** Ins 2003 No 99, Sch 1 \\[7\\]. Subst 2008 No 98, Sch 3.1 \\[8\\]. Am 2010 No 31, Schs 1.1 \\[16\\], 7.1 \\[12\\]; 2011 No 41, Sch 1 \\[10\\] \\[11\\].","sortOrder":79},{"sectionNumber":"35L","sectionType":"section","heading":null,"content":"#### 35L\n\n35L (Repealed)","sortOrder":80},{"sectionNumber":"35M","sectionType":"section","heading":"Sydney Ferries to supply information to Minister","content":"#### 35M Sydney Ferries to supply information to Minister\n\n35M Sydney Ferries to supply information to Minister\n\n> Sydney Ferries must—\n> \n> > (a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities, and of any significant development in its activities.\n> \n> **s 35M:** Ins 2003 No 99, Sch 1 \\[7\\]. Am 2007 No 2, sec 3. Subst 2008 No 98, Sch 3.1 \\[8\\].","sortOrder":82},{"sectionNumber":"35N","sectionType":"section","heading":"Corporate plans","content":"#### 35N Corporate plans\n\n35N Corporate plans\n\n> > (1) Sydney Ferries must, at least 3 months before the beginning of each financial year of Sydney Ferries, prepare and deliver to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) Sydney Ferries must—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and\n> > \n> > > (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.\n> \n> > (3) During the preparation of a corporate plan after the commencement of this subsection, Sydney Ferries is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.\n> \n> > (4) Sydney Ferries is to make the completed corporate plan available for public inspection. However, Sydney Ferries is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (5) Sydney Ferries must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (6) A corporate plan is to specify—\n> > \n> > > (a) the separate activities of Sydney Ferries and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and\n> > \n> > > (d) the targets and criteria for assessing Sydney Ferries’ performance.\n> \n> > (7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act).\n> \n> **s 35N:** Ins 2003 No 99, Sch 1 \\[7\\]. Subst 2008 No 98, Sch 3.1 \\[8\\]. Am 2009 No 54, Sch 2.53 \\[1\\]; 2010 No 31, Sch 1.1 \\[9\\] \\[10\\]; 2011 No 41, Sch 1 \\[10\\].","sortOrder":83},{"sectionNumber":"35O","sectionType":"section","heading":null,"content":"#### 35O\n\n35O–35Q (Repealed)","sortOrder":84},{"sectionNumber":"35QA","sectionType":"section","heading":"Delegation of functions of Sydney Ferries","content":"#### 35QA Delegation of functions of Sydney Ferries\n\n35QA Delegation of functions of Sydney Ferries\n\n> > (1) Sydney Ferries may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Sydney Ferries if the delegate is authorised in writing to do so by Sydney Ferries.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) an officer of Sydney Ferries, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by TfNSW.\n> \n> **s 35QA:** Ins 2008 No 98, Sch 3.1 \\[8\\]. Am 2010 No 31, Sch 1.1 \\[17\\]; 2011 No 41, Sch 1 \\[10\\].","sortOrder":86},{"sectionNumber":"Division 5","sectionType":"division","heading":null,"content":"## Division 5\n\nDivision 5\n\n35R–35ZM (Repealed)\n\n**pt 3A, div 5:** Ins 2003 No 99, Sch 1 \\[7\\]. Rep 2008 No 98, Sch 3.1 \\[8\\].\n\n**s 35S:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35R:** Ins 2006 No 5, Sch 1 \\[3\\]. Am 2006 No 58, Sch 1.38 \\[1\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35T:** Ins 2006 No 5, Sch 1 \\[3\\]. Am 2006 No 58, Sch 1.38 \\[2\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**ss 35U–35Z:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35ZA:** Ins 2006 No 5, Sch 1 \\[3\\]. Am 2009 No 54, Sch 2.53 \\[1\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**ss 35ZB–35ZF:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35ZG:** Ins 2006 No 5, Sch 1 \\[3\\]. Am 2009 No 54, Sch 2.53 \\[2\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35ZH:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n\n**s 35ZI:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2006 No 58, Sch 1.38 \\[3\\].\n\n**ss 35ZJ–35ZM:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].","sortOrder":87},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Sydney Trains","content":"# Part 3B Sydney Trains\n\nPart 3B Sydney Trains\n\n**pt 3B:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\]. Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":88},{"sectionNumber":"36","sectionType":"section","heading":"Constitution of Sydney Trains","content":"#### 36 Constitution of Sydney Trains\n\n36 Constitution of Sydney Trains\n\n> > (1) There is constituted by this Act a corporation with the corporate name of Sydney Trains.\n> \n> > (2) Sydney Trains—\n> > \n> > > (a) is a NSW Government agency, and\n> > \n> > > (b) is taken to be the same legal entity as, and a continuation of, Sydney Trains constituted and continued under the regulations under this Act, and\n> > \n> > > (c) is not a subsidiary of RailCorp.\n> \n> **s 36:** Subst 1991 No 94, Sch 1. Am 1996 No 128, Sch 1 \\[2\\]; 2003 No 65, Sch 1 \\[8\\]. Rep 2010 No 31, Sch 7.1 \\[18\\]. Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":90},{"sectionNumber":"36A","sectionType":"section","heading":"Objectives of Sydney Trains","content":"#### 36A Objectives of Sydney Trains\n\n36A Objectives of Sydney Trains\n\n> > (1) The principal objective of Sydney Trains is to deliver safe and reliable railway passenger services in an efficient, effective and financially responsible manner.\n> \n> > (2) The other objectives of Sydney Trains are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable business, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in Sydney Trains,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.\n> \n> > (3) The other objectives of Sydney Trains are of equal importance, but are not as important as the principal objective of the corporation.\n> \n> **s 36A:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":92},{"sectionNumber":"36B","sectionType":"section","heading":"Sydney railway passenger services","content":"#### 36B Sydney railway passenger services\n\n36B Sydney railway passenger services\n\n> > (1) Sydney Trains is to operate railway passenger services.\n> \n> > (2) Sydney Trains is to continue to operate the railway passenger services which were provided by it immediately before the commencement of this section.\n> \n> > (3) Subsection (2) does not limit the power of Sydney Trains—\n> > \n> > > (a) to establish any new railway passenger service, or\n> > \n> > > (b) to alter or discontinue any of its railway passenger services.\n> \n> > (4) The operation of a railway passenger service by Sydney Trains is subject to the requirements of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> \n> > (5) The Transport Secretary may give directions to Sydney Trains as to the railway passenger services to be operated by Sydney Trains, or that restrict the functions of Sydney Trains. Sydney Trains is to exercise its functions in accordance with any such directions.\n> \n> > (6) (Repealed)\n> \n> **s 36B:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2025 No 48, Sch 1.11.","sortOrder":94},{"sectionNumber":"36C","sectionType":"section","heading":"Other functions of Sydney Trains","content":"#### 36C Other functions of Sydney Trains\n\n36C Other functions of Sydney Trains\n\n> > (1) Sydney Trains has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (2) Sydney Trains may—\n> > \n> > > (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and\n> > \n> > > (b) operate other transport services, including bus services, whether or not in connection with its railway passenger services, and\n> > \n> > > (c) acquire and develop any land, and\n> > \n> > > (d) hold, manage, maintain and establish rail infrastructure facilities vested in or owned by it, or to be vested in or owned by it, and\n> > \n> > > (e) manage, maintain and establish rail infrastructure facilities vested in or owned by, or to be vested in or owned by, TAM or a public transport agency, and\n> > \n> > > (f) acquire or build, and maintain or dispose of, any engines, carriages, vehicles, plant, machinery or equipment, and\n> > \n> > > (g) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials, and\n> > \n> > > (h) make and enter into contracts or arrangements with any person for the operation, on such terms as may be agreed on, of any of Sydney Trains’ train or other transport services or of any of Sydney Trains’ businesses, and\n> > \n> > > (i) provide goods, services or facilities to the rail industry, and\n> > \n> > > (j) appoint agents, and act as agents for other persons.\n> \n> **s 36C:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2017 No 12, Sch 2.1\\[7\\]; 2024 No 58, Sch 1.2\\[11\\]; 2025 No 66, Sch 2.1\\[8\\].","sortOrder":95},{"sectionNumber":"36D","sectionType":"section","heading":"Sale, lease or other disposal of land","content":"#### 36D Sale, lease or other disposal of land\n\n36D Sale, lease or other disposal of land\n\n> > (1) Sydney Trains may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.\n> \n> > (2) Despite subsection (1), the approval of the Minister is not required—\n> > \n> > > (a) for any lease for a term not exceeding 5 years, or\n> > \n> > > (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.\n> \n> **ss 36D:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":96},{"sectionNumber":"36E","sectionType":"section","heading":"Acquisition of land by Sydney Trains","content":"#### 36E Acquisition of land by Sydney Trains\n\n36E Acquisition of land by Sydney Trains\n\n> > (1) Sydney Trains may, for any purposes of Sydney Trains, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The other purposes for which land may be acquired under subsection (1) include the purposes of a future sale, lease or disposal, that is, to enable Sydney Trains to exercise its functions in relation to land under this Act.\n> \n> > (3) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and Sydney Trains is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sydney Trains may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of TfNSW.\n> \n> > (5) Any such acquisition is not void merely because it is expressed to be for the purposes of Sydney Trains or for the purposes of this Act.\n> \n> > (6) Part 3 of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) does not apply in respect of works constructed for the purposes of this section.\n> \n> **ss 36E:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2022 No 59, Sch 2.47.","sortOrder":97},{"sectionNumber":"36F","sectionType":"section","heading":"Effect of Division","content":"#### 36F Effect of Division\n\n36F Effect of Division\n\n> This Division does not limit the functions of Sydney Trains apart from this Division, but is subject to the provisions of this Act and any other Act or law.\n> \n> **ss 36F:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":98},{"sectionNumber":"36G","sectionType":"section","heading":"Chief Executive of Sydney Trains","content":"#### 36G Chief Executive of Sydney Trains\n\n36G Chief Executive of Sydney Trains\n\n> The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of Sydney Trains.\n> \n> Note.\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Trains.\n> \n> **ss 36G–36K:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":100},{"sectionNumber":"36H","sectionType":"section","heading":"Chief Executive to manage Sydney Trains","content":"#### 36H Chief Executive to manage Sydney Trains\n\n36H Chief Executive to manage Sydney Trains\n\n> > (1) The affairs of Sydney Trains are to be managed and controlled by the Chief Executive of Sydney Trains in accordance with any directions of TfNSW under section 3G.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, Sydney Trains by the Chief Executive is taken to have been done by Sydney Trains.\n> \n> **ss 36G–36K:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":101},{"sectionNumber":"36I","sectionType":"section","heading":"Sydney Trains to supply information to Minister","content":"#### 36I Sydney Trains to supply information to Minister\n\n36I Sydney Trains to supply information to Minister\n\n> Sydney Trains must—\n> \n> > (a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities and of any significant development in its activities.\n> \n> **ss 36G–36K:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":102},{"sectionNumber":"36J","sectionType":"section","heading":"Corporate plans","content":"#### 36J Corporate plans\n\n36J Corporate plans\n\n> > (1) Sydney Trains must, at least 3 months before the beginning of each financial year of Sydney Trains, prepare and deliver to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) Sydney Trains must—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and\n> > \n> > > (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.\n> \n> > (3) Sydney Trains is to make a draft plan prepared after the commencement of this section available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.\n> \n> > (4) Sydney Trains is to make the completed corporate plan available for public inspection. However, Sydney Trains is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (5) Sydney Trains must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (6) A corporate plan is to specify—\n> > \n> > > (a) the separate activities of Sydney Trains and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and\n> > \n> > > (d) the targets and criteria for assessing Sydney Trains’ performance.\n> \n> > (7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act).\n> \n> **ss 36G–36K:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":103},{"sectionNumber":"36K","sectionType":"section","heading":"Delegation of functions of Sydney Trains","content":"#### 36K Delegation of functions of Sydney Trains\n\n36K Delegation of functions of Sydney Trains\n\n> > (1) Sydney Trains may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Sydney Trains if the delegate is authorised in writing to do so by Sydney Trains.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) an officer of Sydney Trains, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by TfNSW.\n> \n> **ss 36G–36K:** Ins 2017 No 12, Sch 1.1 \\[14\\].\n> \n> **pt 3B, div 5:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].\n> \n> **pt 3B, div 6:** Ins 2006 No 5, Sch 1 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[1\\].","sortOrder":104},{"sectionNumber":"Part 3C","sectionType":"part","heading":"NSW Trains","content":"# Part 3C NSW Trains\n\nPart 3C NSW Trains\n\n**pt 3C:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":105},{"sectionNumber":"37","sectionType":"section","heading":"Constitution of NSW Trains","content":"#### 37 Constitution of NSW Trains\n\n37 Constitution of NSW Trains\n\n> > (1) There is constituted by this Act a corporation with the corporate name of NSW Trains.\n> \n> > (2) NSW Trains—\n> > \n> > > (a) is a NSW Government agency, and\n> > \n> > > (b) is taken to be the same legal entity as, and a continuation of, NSW Trains constituted and continued under the regulations under this Act, and\n> > \n> > > (c) is not a subsidiary of RailCorp.\n> \n> **s 37:** Am 1990 No 39, Sch 4; 1991 No 94, Sch 1. Rep 2010 No 31, Sch 7.1 \\[18\\]. Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":107},{"sectionNumber":"37A","sectionType":"section","heading":"Objectives of NSW Trains","content":"#### 37A Objectives of NSW Trains\n\n37A Objectives of NSW Trains\n\n> > (1) The principal objective of NSW Trains is to deliver safe and reliable NSW railway passenger services (including services outside NSW originating or terminating inside NSW) in an efficient, effective and financially responsible manner.\n> \n> > (2) The other objectives of NSW Trains are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable business, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in NSW Trains,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060),\n> > \n> > > (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates.\n> \n> > (3) The other objectives of NSW Trains are of equal importance, but are not as important as the principal objective of the corporation.\n> \n> **s 37A:** Ins 1993 No 50, Sch 3. Am 2002 No 96, Sch 7.6 \\[1\\]. Rep 2003 No 65, Sch 1 \\[9\\]. Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":109},{"sectionNumber":"37B","sectionType":"section","heading":"NSW railway passenger services","content":"#### 37B NSW railway passenger services\n\n37B NSW railway passenger services\n\n> > (1) NSW Trains is to operate railway passenger services in NSW and may operate railway passenger services outside NSW that originate or terminate inside NSW.\n> \n> > (2) NSW Trains is to continue to operate the railway passenger services which were provided by it immediately before the commencement of this section.\n> \n> > (3) Subsection (2) does not limit the power of NSW Trains—\n> > \n> > > (a) to establish any new railway passenger service, or\n> > \n> > > (b) to alter or discontinue any of its railway passenger services.\n> \n> > (4) The operation of a railway passenger service by NSW Trains is subject to the requirements of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> \n> > (5) The Transport Secretary may give directions to NSW Trains as to the railway passenger services to be operated by NSW Trains, or that restrict the functions of NSW Trains. NSW Trains is to exercise its functions in accordance with any such directions.\n> \n> > (6) (Repealed)\n> \n> **s 37B:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2025 No 48, Sch 1.11.","sortOrder":111},{"sectionNumber":"37C","sectionType":"section","heading":"Other functions of NSW Trains","content":"#### 37C Other functions of NSW Trains\n\n37C Other functions of NSW Trains\n\n> > (1) NSW Trains has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (2) NSW Trains may—\n> > \n> > > (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and\n> > \n> > > (b) operate other transport services, including bus services, whether or not in connection with its railway passenger services, and\n> > \n> > > (c) acquire and develop any land, and\n> > \n> > > (d) hold, manage, maintain and establish rail infrastructure facilities vested in or owned by it, or to be vested in or owned by it, and\n> > \n> > > (e) manage, maintain and establish rail infrastructure facilities vested in or owned by, or to be vested in or owned by, TAM or a public transport agency, and\n> > \n> > > (f) acquire or build, and maintain or dispose of, any engines, carriages, vehicles, plant, machinery or equipment, and\n> > \n> > > (g) make and enter into contracts or arrangements for the carrying out of works or the performance of services or the supply of goods or materials, and\n> > \n> > > (h) make and enter into contracts or arrangements with any person for the operation, on such terms as may be agreed on, of any of NSW Trains’ train or other transport services or of any of NSW Trains’ businesses, and\n> > \n> > > (i) provide goods, services or facilities to the rail industry, and\n> > \n> > > (j) appoint agents, and act as agents for other persons.\n> \n> **s 37C:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2017 No 12, Sch 2.1\\[8\\]; 2024 No 58, Sch 1.2\\[12\\]; 2025 No 66, Sch 2.1\\[9\\].","sortOrder":112},{"sectionNumber":"37D","sectionType":"section","heading":"Sale, lease or other disposal of land","content":"#### 37D Sale, lease or other disposal of land\n\n37D Sale, lease or other disposal of land\n\n> > (1) NSW Trains may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.\n> \n> > (2) Despite subsection (1), the approval of the Minister is not required—\n> > \n> > > (a) for any lease for a term not exceeding 5 years, or\n> > \n> > > (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.\n> \n> **ss 37D:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":113},{"sectionNumber":"37E","sectionType":"section","heading":"Acquisition of land by NSW Trains","content":"#### 37E Acquisition of land by NSW Trains\n\n37E Acquisition of land by NSW Trains\n\n> > (1) NSW Trains may, for any purposes of NSW Trains, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The other purposes for which land may be acquired under subsection (1) include the purposes of a future sale, lease or disposal, that is, to enable NSW Trains to exercise its functions in relation to land under this Act.\n> \n> > (3) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and NSW Trains is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) NSW Trains may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of TfNSW.\n> \n> > (5) Any such acquisition is not void merely because it is expressed to be for the purposes of NSW Trains or for the purposes of this Act.\n> \n> > (6) Part 3 of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) does not apply in respect of works constructed for the purposes of this section.\n> \n> **ss 37E:** Ins 2017 No 12, Sch 1.1 \\[14\\]. Am 2022 No 59, Sch 2.47.","sortOrder":114},{"sectionNumber":"37F","sectionType":"section","heading":"Effect of Division","content":"#### 37F Effect of Division\n\n37F Effect of Division\n\n> This Division does not limit the functions of NSW Trains apart from this Division, but is subject to the provisions of this Act and any other Act or law.\n> \n> **ss 37F:** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":115},{"sectionNumber":"37G","sectionType":"section","heading":"Chief Executive of NSW Trains","content":"#### 37G Chief Executive of NSW Trains\n\n37G Chief Executive of NSW Trains\n\n> The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of NSW Trains.\n> \n> Note.\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive of NSW Trains.\n> \n> **pt 3C, div 4 (ss 37G–37K):** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":117},{"sectionNumber":"37H","sectionType":"section","heading":"Chief Executive to manage NSW Trains","content":"#### 37H Chief Executive to manage NSW Trains\n\n37H Chief Executive to manage NSW Trains\n\n> > (1) The affairs of NSW Trains are to be managed and controlled by the Chief Executive of NSW Trains in accordance with any directions of TfNSW under section 3G.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, NSW Trains by the Chief Executive is taken to have been done by NSW Trains.\n> \n> **pt 3C, div 4 (ss 37G–37K):** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":118},{"sectionNumber":"37I","sectionType":"section","heading":"NSW Trains to supply information to Minister","content":"#### 37I NSW Trains to supply information to Minister\n\n37I NSW Trains to supply information to Minister\n\n> NSW Trains must—\n> \n> > (a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities and of any significant development in its activities.\n> \n> **pt 3C, div 4 (ss 37G–37K):** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":119},{"sectionNumber":"37J","sectionType":"section","heading":"Corporate plans","content":"#### 37J Corporate plans\n\n37J Corporate plans\n\n> > (1) NSW Trains must, at least 3 months before the beginning of each financial year of NSW Trains, prepare and deliver to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) NSW Trains must—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and\n> > \n> > > (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.\n> \n> > (3) NSW Trains is to make a draft plan prepared after the commencement of this section available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.\n> \n> > (4) NSW Trains is to make the completed corporate plan available for public inspection. However, NSW Trains is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (5) NSW Trains must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (6) A corporate plan is to specify—\n> > \n> > > (a) the separate activities of NSW Trains and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and\n> > \n> > > (d) the targets and criteria for assessing NSW Trains’ performance.\n> \n> > (7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act).\n> \n> **pt 3C, div 4 (ss 37G–37K):** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":120},{"sectionNumber":"37K","sectionType":"section","heading":"Delegation of functions of NSW Trains","content":"#### 37K Delegation of functions of NSW Trains\n\n37K Delegation of functions of NSW Trains\n\n> > (1) NSW Trains may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by NSW Trains if the delegate is authorised in writing to do so by NSW Trains.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) an officer of NSW Trains, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by TfNSW.\n> \n> **pt 3C, div 4 (ss 37G–37K):** Ins 2017 No 12, Sch 1.1 \\[14\\].","sortOrder":121},{"sectionNumber":"Part 3D","sectionType":"part","heading":"Sydney Metro","content":"# Part 3D Sydney Metro\n\nPart 3D Sydney Metro\n\n**pt 3D:** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":122},{"sectionNumber":"38","sectionType":"section","heading":"Constitution of Sydney Metro","content":"#### 38 Constitution of Sydney Metro\n\n38 Constitution of Sydney Metro\n\n> > (1) There is constituted by this Act a corporation with the corporate name of Sydney Metro.\n> \n> > (2) Sydney Metro is a NSW Government agency.\n> \n> Note.\n> \n> Section 3B(1A) provides that Sydney Metro is, in the exercise of its functions, subject to the control and direction of the Minister.\n> \n> **s 38:** Subst 1991 No 94, Sch 1. Am 1996 No 56, Sch 1 \\[27\\] \\[28\\]; 1996 No 128, Sch 1 \\[3\\] \\[4\\]; 2003 No 96, Sch 1 \\[35\\] \\[36\\]; 2003 No 99, Sch 1 \\[8\\]; 2008 No 98, Sch 2.2 \\[1\\]. Rep 2010 No 31, Sch 7.1 \\[18\\]. Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":124},{"sectionNumber":"38A","sectionType":"section","heading":"Objectives of Sydney Metro","content":"#### 38A Objectives of Sydney Metro\n\n38A Objectives of Sydney Metro\n\n> > (1) The principal objectives of Sydney Metro are as follows—\n> > \n> > > (a) to deliver safe and reliable metro passenger services in an efficient, effective and financially responsible manner,\n> > \n> > > (b) to facilitate and carry out the orderly and efficient development of land in the locality of metro stations, depots and stabling yards, and proposed metro stations, depots and stabling yards.\n> \n> > (2) The other objectives of Sydney Metro are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable business, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in the metro,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":126},{"sectionNumber":"38B","sectionType":"section","heading":"Functions of Sydney Metro","content":"#### 38B Functions of Sydney Metro\n\n38B Functions of Sydney Metro\n\n> > (1) Sydney Metro has the functions conferred or imposed on it by or under this or any other Act.\n> \n> > (2) Sydney Metro may—\n> > \n> > > (a) design, construct, develop and operate a metro to provide safe, reliable and high-frequency metro passenger services, or other associated transport services, to the public, and\n> > \n> > > (b) deliver services in connection with, or related to, the operation or proposed operation of the metro, and\n> > \n> > > (c) assist the relevant planning and transport authorities in the preparation of strategic and other plans for the development of land in the locality of metro stations, depots and stabling yards, and proposed metro stations, depots and stabling yards.\n> \n> > (3) Sydney Metro may—\n> > \n> > > (a) conduct any business (whether or not related to its functions) that it considers will further its objectives, and\n> > \n> > > (b) operate other transport services, including bus services, whether or not in connection with its metro passenger services, and\n> > \n> > > (c) build, modify, hold, manage, maintain, finance and establish transport assets vested in or owned by it, or to be vested in or owned by it, and\n> > \n> > > (d) acquire, build, modify, hold, manage, maintain, finance and establish metro assets vested in or owned by it, or to be vested in or owned by it, and\n> > \n> > > (e) dispose of metro assets vested in or owned by it (other than a metro), and\n> > \n> > > (f) acquire, build, modify, manage, maintain and establish transport assets vested in or owned by, or to be vested in or owned by, another public transport agency, and\n> > \n> > > (g) make and enter into contracts or arrangements for the carrying out of works, or the performance of services, or the supply of goods or materials, and\n> > \n> > > (h) make and enter into contracts or arrangements with any person for the operation, on such terms as may be agreed on, of any of Sydney Metro’s passenger or other transport services or of any of Sydney Metro’s businesses, and\n> > \n> > > (i) make and enter into leases or licences, or other arrangements, with persons for developing metro assets, and\n> > \n> > > (j) provide goods, services or facilities to the transport industry, and\n> > \n> > > (k) appoint agents, and act as agents for other persons.\n> \n> > (4) Sydney Metro may—\n> > \n> > > (a) acquire any land, and\n> > \n> > > (b) develop, sell, lease or otherwise dispose of any of its land, and\n> > \n> > > (c) with the consent of the owner of any land, exercise in relation to the land any function that Sydney Metro could so exercise if Sydney Metro were the owner of the land, and\n> > \n> > > (d) exercise in relation to any land in which Sydney Metro holds an interest any function that a private individual could so exercise if the private individual were the holder of the interest.\n> \n> > (5) The operation of any railway service by Sydney Metro is subject to the requirements of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":128},{"sectionNumber":"38C","sectionType":"section","heading":"Metro infrastructure development functions","content":"#### 38C Metro infrastructure development functions\n\n38C Metro infrastructure development functions\n\n> > (1) Sydney Metro may exercise the functions described in clause 3(1) of Schedule 1 in relation to the metro as if—\n> > \n> > > (a) references in that clause to TfNSW were references to Sydney Metro, and\n> > \n> > > (b) references to transport infrastructure were references to a metro.\n> \n> > (2) Clauses 3(2) and (3), 11 and 12 of that Schedule apply accordingly.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":129},{"sectionNumber":"38D","sectionType":"section","heading":"Other land development functions of Sydney Metro","content":"#### 38D Other land development functions of Sydney Metro\n\n38D Other land development functions of Sydney Metro\n\n> > (1) Sydney Metro may carry out, finance, manage or otherwise participate in development for residential, retail, commercial, industrial, mixed use, community, public open space or recreational purposes on land in the locality of a metro station, depot or stabling yard, or a proposed metro station, depot or stabling yard, being the land shown on a map adopted by an order of the Minister for Planning, made with the concurrence of the Minister, published in the Gazette for the purposes of this section.\n> \n> > (2) Sydney Metro may, for the purposes referred to in subsection (1), acquire land by agreement (including an interest in land).\n> \n> > (3) The imposition or conferral of a function on Sydney Metro by this section does not limit the imposition or conferral of a function by another provision of this Division.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":130},{"sectionNumber":"38E","sectionType":"section","heading":"Effect of Division","content":"#### 38E Effect of Division\n\n38E Effect of Division\n\n> This Division does not limit the functions of Sydney Metro apart from this Division, but is subject to the provisions of this Act and any other Act or law.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":131},{"sectionNumber":"38F","sectionType":"section","heading":"Establishment of Sydney Metro Board","content":"#### 38F Establishment of Sydney Metro Board\n\n38F Establishment of Sydney Metro Board\n\n> > (1) There is to be a board of directors of Sydney Metro.\n> \n> > (2) The Sydney Metro Board is to consist of at least 3, not more than 7, directors to be appointed by the Minister.\n> \n> > (3) The Transport Secretary may appoint 1 further director to the Sydney Metro Board.\n> \n> > (4) The directors are to be persons who, in the opinion of the Minister or Transport Secretary (as appropriate), have skills and experience relevant to the administration of Sydney Metro and that will assist Sydney Metro in exercising its functions.\n> \n> > (5) Of the directors appointed by the Minister, one is, in and by the instrument of appointment or another instrument made by the Minister, to be appointed as Chairperson of the Sydney Metro Board.\n> \n> > (6) Schedule 2B sets out provisions relating to the constitution and procedure of the Sydney Metro Board.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":133},{"sectionNumber":"38G","sectionType":"section","heading":"Functions of Sydney Metro Board","content":"#### 38G Functions of Sydney Metro Board\n\n38G Functions of Sydney Metro Board\n\n> > (1) The Sydney Metro Board has the following functions—\n> > \n> > > (a) to determine the policies of Sydney Metro and give directions to the Chief Executive of Sydney Metro in relation to the functions and activities of Sydney Metro,\n> > \n> > > (b) to exercise employer functions in relation to the Chief Executive of Sydney Metro,\n> > \n> > > (c) such other functions as are conferred or imposed on it by this Act or any other law.\n> \n> > (2) In exercising these functions, the Sydney Metro Board is, as far as practicable, to ensure that the activities of Sydney Metro are carried out properly and efficiently.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":134},{"sectionNumber":"38H","sectionType":"section","heading":"Chief Executive of Sydney Metro","content":"#### 38H Chief Executive of Sydney Metro\n\n38H Chief Executive of Sydney Metro\n\n> > (1) The Chief Executive of Sydney Metro is the person who is employed in the Transport Service as the Chief Executive of Sydney Metro.\n> \n> > (2) Despite section 68C(3), the Sydney Metro Board may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the Chief Executive of Sydney Metro.\n> \n> > (3) Accordingly, a reference to the Transport Secretary in this Act or any other law in connection with the exercise of employer functions in relation to the Chief Executive of Sydney Metro is to be construed as a reference to the Sydney Metro Board.\n> \n> > (4) Despite subsection (3), the parameters relating to the remuneration package for the Chief Executive of Sydney Metro (as referred to in section 68I(2)) are to be agreed on by the Transport Secretary and the Public Service Commissioner.\n> \n> > (5) Division 4 of Part 7 does not apply to the Chief Executive of Sydney Metro.\n> \n> Note.\n> \n> Schedule 2 contains ancillary provisions that apply to the Chief Executive of Sydney Metro.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":135},{"sectionNumber":"38I","sectionType":"section","heading":"Control and management of Sydney Metro","content":"#### 38I Control and management of Sydney Metro\n\n38I Control and management of Sydney Metro\n\n> > (1) All decisions relating to the functions of Sydney Metro are to be made by or under the authority of the Sydney Metro Board.\n> \n> > (2) The Chief Executive of Sydney Metro is responsible for the day-to-day management of the affairs of Sydney Metro, subject to the specific policies and general directions of the Sydney Metro Board.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, Sydney Metro by or under the authority of the Sydney Metro Board is taken to have been done by Sydney Metro.\n> \n> > (4) A direction of the Minister under section 3B or of TfNSW under section 3G prevails over a policy or direction of the Sydney Metro Board to the extent of any inconsistency.\n> \n> **pt 3D, divs 2–4 (ss 38A–38I):** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":136},{"sectionNumber":"38J","sectionType":"section","heading":"Appointment of advisory committees","content":"#### 38J Appointment of advisory committees\n\n38J Appointment of advisory committees\n\n> > (1) The Sydney Metro Board may appoint such advisory committees as the Sydney Metro Board considers appropriate for the purposes of advising the Sydney Metro Board and Sydney Metro for the purposes of this Act.\n> \n> > (2) An advisory committee has such functions as the Sydney Metro Board may from time to time determine in respect of it.\n> \n> > (3) An advisory committee consists of such committee members appointed by the Sydney Metro Board as the Sydney Metro Board thinks fit.\n> \n> > (4) An advisory committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the Sydney Metro Board at any time.\n> \n> > (5) One of the advisory committee members is, in and by the instrument by which the committee member is appointed or another instrument made by the Sydney Metro Board, to be appointed as chairperson of the committee.\n> \n> > (6) An advisory committee member is entitled to be paid such fees and allowances (if any) as the Minister may determine, from time to time, in respect of the committee member.\n> \n> > (7) Subject to the regulations and any directions of the Sydney Metro Board, the procedure of an advisory committee appointed under this section is to be as determined by the advisory committee.\n> \n> > (8) The Sydney Metro Board may dissolve an advisory committee appointed under this section.\n> \n> **ss 38J–38M:** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":138},{"sectionNumber":"38K","sectionType":"section","heading":"Sydney Metro to supply information to Minister","content":"#### 38K Sydney Metro to supply information to Minister\n\n38K Sydney Metro to supply information to Minister\n\n> Sydney Metro must—\n> \n> > (a) supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities and of any significant development in its activities.\n> \n> **ss 38J–38M:** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":139},{"sectionNumber":"38L","sectionType":"section","heading":"Corporate plans","content":"#### 38L Corporate plans\n\n38L Corporate plans\n\n> > (1) Sydney Metro must, at least 3 months before the beginning of each financial year of Sydney Metro, prepare and deliver to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) Sydney Metro must—\n> > \n> > > (a) consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and\n> > \n> > > (b) deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.\n> \n> > (3) Sydney Metro is to make a draft plan prepared after the commencement of this section available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be publicly advertised.\n> \n> > (4) Sydney Metro is to make the completed corporate plan available for public inspection. However, Sydney Metro is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (5) Sydney Metro must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (6) A corporate plan is to specify—\n> > \n> > > (a) the separate activities of Sydney Metro and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each such separate activity for the financial year concerned and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and\n> > \n> > > (d) the targets and criteria for assessing Sydney Metro’s performance.\n> \n> > (7) This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act).\n> \n> **ss 38J–38M:** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":140},{"sectionNumber":"38M","sectionType":"section","heading":"Delegation of functions of Sydney Metro","content":"#### 38M Delegation of functions of Sydney Metro\n\n38M Delegation of functions of Sydney Metro\n\n> > (1) Sydney Metro may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by Sydney Metro if the delegate is authorised in writing to do so by Sydney Metro.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) a member of staff of Sydney Metro, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved, after consultation with the Transport Secretary, by the Sydney Metro Board.\n> \n> **ss 38J–38M:** Ins 2018 No 18, Sch 1 \\[10\\].","sortOrder":141},{"sectionNumber":"38N","sectionType":"section","heading":"Roads authority consent not required for certain work by Sydney Metro","content":"#### 38N Roads authority consent not required for certain work by Sydney Metro\n\n38N Roads authority consent not required for certain work by Sydney Metro\n\n> > (1) Section 138 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) does not apply to anything done by Sydney Metro, for the purposes of exercising its functions under this Act, in relation to a classified road (within the meaning of that Act) for which a council is the roads authority.\n> \n> > (2) However, Sydney Metro must not do anything referred to in section 138(1) of that Act in relation to any such road except with the consent of TfNSW.\n> \n> **s 38N:** Ins 2018 No 18, Sch 1 \\[10\\]. Am 2019 No 19, Sch 1\\[6\\].","sortOrder":142},{"sectionNumber":"Part 3E","sectionType":"part","heading":"NSW Motorways","content":"# Part 3E NSW Motorways\n\nPart 3E NSW Motorways\n\n**pt 3E:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":143},{"sectionNumber":"39","sectionType":"section","heading":"Constitution of NSW Motorways","content":"#### 39 Constitution of NSW Motorways\n\n39 Constitution of NSW Motorways\n\n> > (1) There is constituted by this Act a corporation with the corporate name of NSW Motorways.\n> \n> > (2) NSW Motorways is a NSW Government agency.\n> \n> **s 39:** Am 1991 No 94, Sch 1; 2004 No 54, Sch 2.4 \\[1\\]; 2006 No 65, Sch 1 \\[1\\]. Rep 2010 No 31, Sch 7.1 \\[18\\]. Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":145},{"sectionNumber":"39A","sectionType":"section","heading":"Objectives of NSW Motorways","content":"#### 39A Objectives of NSW Motorways\n\n39A Objectives of NSW Motorways\n\n> > (1) The principal objective of NSW Motorways is to deliver safe and reliable toll roads and toll road services in a fair, efficient, effective and financially responsible way.\n> \n> > (2) The other objectives of NSW Motorways are as follows—\n> > \n> > > (a) to be a successful business and, to that end—\n> > > \n> > > > (i) to operate at least as efficiently as any comparable business, and\n> > > \n> > > > (ii) to maximise the net worth of the State’s investment in NSW Motorways,\n> > \n> > > (b) to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,\n> > \n> > > (c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060), section 6(2),\n> > \n> > > (d) to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,\n> > \n> > > (e) to operate as transparently as possible and in the public interest.\n> \n> > (3) The other objectives of NSW Motorways are of equal importance, but are not as important as the principal objective of the corporation.\n> \n> **s 39A:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":147},{"sectionNumber":"39B","sectionType":"section","heading":"NSW Motorways functions","content":"#### 39B NSW Motorways functions\n\n39B NSW Motorways functions\n\n> > (1) NSW Motorways has the following functions—\n> > \n> > > (a) to operate toll roads in the State and provide toll road services in the State,\n> > \n> > > (b) to facilitate the collection of tolls by it and other toll operators,\n> > \n> > > (c) to collect and publish information about toll roads and the provision of toll road services in the State,\n> > \n> > > (d) to advocate on behalf of toll road customers,\n> > \n> > > (e) to administer toll relief schemes,\n> > \n> > > (f) to enter into or administer arrangements involving the collection of tolls,\n> > \n> > > (g) to charge and recover fees relating to its functions,\n> > \n> > > (h) other functions conferred or imposed on it by or under this Act or another Act.\n> \n> > (2) NSW Motorways also has the following functions—\n> > \n> > > (a) to conduct a business or activity, whether or not related to a function under subsection (1), that it considers will further its objectives,\n> > \n> > > (b) to make and enter into contracts or arrangements with other persons to enable it to carry out its functions,\n> > \n> > > (c) to appoint agents and act as agents for other persons.\n> \n> > (3) The [Roads Act 1993](/view/html/inforce/current/act-1993-033), sections 158(2) and 177 extend to NSW Motorways as if the references in the sections to TfNSW were references to NSW Motorways.\n> \n> > (4) NSW Motorways cannot employ any staff.\n> \n> **s 39B:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":149},{"sectionNumber":"39C","sectionType":"section","heading":"Effect of division","content":"#### 39C Effect of division\n\n39C Effect of division\n\n> This division does not limit the functions of NSW Motorways apart from this division, but is subject to the provisions of this Act and other Acts and laws.\n> \n> **s 39C:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":150},{"sectionNumber":"39D","sectionType":"section","heading":"Chief Executive of NSW Motorways","content":"#### 39D Chief Executive of NSW Motorways\n\n39D Chief Executive of NSW Motorways\n\n> The Transport Secretary may, with the approval of the Minister, appoint a Chief Executive of NSW Motorways.\n> \n> Note—\n> \n> Schedule 2 contains ancillary provisions relating to the Chief Executive of NSW Motorways.\n> \n> **s 39D:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":152},{"sectionNumber":"39E","sectionType":"section","heading":"Chief Executive to manage NSW Motorways","content":"#### 39E Chief Executive to manage NSW Motorways\n\n39E Chief Executive to manage NSW Motorways\n\n> > (1) The affairs of NSW Motorways must be managed and controlled by the Chief Executive of NSW Motorways in accordance with any directions of TfNSW under section 3G.\n> \n> > (2) An act, matter or thing done in the name of, or on behalf of, NSW Motorways by the Chief Executive is taken to have been done by NSW Motorways.\n> \n> **s 39E:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":153},{"sectionNumber":"39F","sectionType":"section","heading":"NSW Motorways to supply information to Minister","content":"#### 39F NSW Motorways to supply information to Minister\n\n39F NSW Motorways to supply information to Minister\n\n> NSW Motorways must—\n> \n> > (a) supply the Minister or a person nominated by the Minister with information relating to its activities that the Minister or person requires, and\n> \n> > (b) keep the Minister informed of the general conduct of its activities and of significant developments in its activities.\n> \n> **s 39F:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":154},{"sectionNumber":"39G","sectionType":"section","heading":"Common objectives and service delivery priorities","content":"#### 39G Common objectives and service delivery priorities\n\n39G Common objectives and service delivery priorities\n\n> > (1) NSW Motorways must also, in the exercise of its functions, have regard to the common objectives of public transport agencies set out in section 2B(1).\n> \n> > (2) NSW Motorways must determine its service delivery priorities having regard to the Transport Secretary’s expectations for service delivery established by a Statement of Expectations issued annually to NSW Motorways by the Transport Secretary.\n> \n> **s 39G:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":155},{"sectionNumber":"39H","sectionType":"section","heading":"Corporate plans","content":"#### 39H Corporate plans\n\n39H Corporate plans\n\n> > (1) NSW Motorways must, at least 3 months before the beginning of each financial year, prepare and give to TfNSW a draft corporate plan for the financial year.\n> \n> > (2) NSW Motorways must—\n> > \n> > > (a) consider comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was given to TfNSW, and\n> > \n> > > (b) give the completed corporate plan to TfNSW before the beginning of the financial year.\n> \n> > (3) NSW Motorways must—\n> > \n> > > (a) make the draft plan available for public comment for at least 30 days, and\n> > \n> > > (b) consider the submissions it receives about the draft plan within that period.\n> \n> > (4) NSW Motorways must make the completed corporate plan available for public inspection.\n> \n> > (5) However, NSW Motorways is not required to include in any draft or completed plan made available for public comment or inspection information that—\n> > \n> > > (a) is of a commercially sensitive nature, or\n> > \n> > > (b) would otherwise not be required to be disclosed under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> > (6) NSW Motorways must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.\n> \n> > (7) A corporate plan must specify—\n> > \n> > > (a) the separate activities of NSW Motorways and, in particular, the separate commercial and non-commercial activities, and\n> > \n> > > (b) the objectives of each separate activity for the financial year and for future financial years, and\n> > \n> > > (c) the strategies, policies and budgets for achieving the objectives in relation to each separate activity, and\n> > \n> > > (d) the targets and criteria for assessing NSW Motorways’ performance.\n> \n> > (8) This section is subject to requirements made by or under this Act, including a requirement of a direction by the Minister or TfNSW under this Act.\n> \n> **s 39H:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":156},{"sectionNumber":"39I","sectionType":"section","heading":"Delegation of functions of NSW Motorways","content":"#### 39I Delegation of functions of NSW Motorways\n\n39I Delegation of functions of NSW Motorways\n\n> > (1) NSW Motorways may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person a function delegated by NSW Motorways if the delegate is authorised in writing to do so by NSW Motorways.\n> \n> > (3) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) a member of staff of NSW Motorways, or\n> > \n> > > (b) a person of a class prescribed by the regulations or approved by TfNSW.\n> \n> **s 39I:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":157},{"sectionNumber":"39J","sectionType":"section","heading":"Sharing and obtaining information","content":"#### 39J Sharing and obtaining information\n\n39J Sharing and obtaining information\n\n> > (1) NSW Motorways may collect, use and disclose information, including personal information, obtained in the exercise of its functions for the purpose of administering the following—\n> > \n> > > (a) a toll relief scheme,\n> > \n> > > (b) another scheme prescribed by the regulations.\n> \n> > (2) A toll entity must give NSW Motorways the information, including personal information, required by NSW Motorways to enable NSW Motorways to administer the following—\n> > \n> > > (a) a toll relief scheme,\n> > \n> > > (b) another scheme prescribed by the regulations.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for an individual—20 penalty units, or\n> > \n> > > (b) otherwise—200 penalty units.\n> \n> > (3) The toll entity must give the information to NSW Motorways within the time specified by NSW Motorways.\n> \n> > (4) In this section—\n> > \n> > personal information has the same meaning as in the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> > \n> > toll entity means the following—\n> > \n> > > (a) a toll operator,\n> > \n> > > (b) a toll service provider.\n> \n> **s 39J:** Ins 2024 No 95, Sch 1\\[10\\].","sortOrder":158},{"sectionNumber":"Part 4","sectionType":"part","heading":null,"content":"# Part 4\n\nParts 4, 4A\n\n40–42W (Repealed)\n\n**pt 4, hdg:** Am 1993 No 46, Sch 2; 2003 No 65, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 7.1 \\[18\\].\n\n**pt 4:** Rep 2010 No 31, Sch 7.1 \\[18\\].\n\n**s 40:** Am 1991 No 94, Sch 1; 1996 No 128, Sch 1 \\[5\\]; 2003 No 65, Sch 1 \\[3\\]; 2008 No 98, Sch 2.2 \\[2\\]. Rep 2010 No 31, Sch 7.1 \\[18\\].\n\n**s 41:** Am 1991 No 94, Sch 1. Rep 2010 No 31, Sch 7.1 \\[18\\].\n\n**s 42:** Am 1991 No 94, Sch 1. Rep 1996 No 56, Sch 1 \\[29\\].\n\n**pt 4A, hdg:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 1:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42A:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2003 No 96, Sch 1 \\[37\\]; 2003 No 99, Sch 1 \\[9\\]; 2005 No 55, Sch 1 \\[2\\] \\[3\\]; 2006 No 58, Sch 1.38 \\[4\\]; 2008 No 97, Sch 4.7 \\[3\\] \\[4\\]; 2010 No 31, Schs 2.1 \\[4\\], 3.1 \\[4\\], 6.1 \\[3\\]–\\[5\\]; 7.1 \\[19\\]; 2011 No 41, Schs 1 \\[10\\] \\[13\\], 3.1 \\[7\\], 4.1 \\[6\\]; 2012 No 82, Sch 2.13 \\[6\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 2, hdg:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 2:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42B:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2006 No 2, Sch 4.75 \\[2\\]; 2010 No 31, Sch 6.1 \\[3\\]; 2014 No 33, Sch 3.32 \\[4\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 3, hdg:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 3:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42C:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[6\\]; 2012 No 82, Sch 2.13 \\[7\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42D:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2008 No 97, Sch 4.7 \\[5\\] \\[6\\]; 2010 No 31, Sch 6.1 \\[7\\] \\[8\\]; 2012 No 82, Sch 2.13 \\[8\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42E:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2005 No 55, Sch 1 \\[4\\]; 2010 No 31, Sch 6.1 \\[9\\] \\[10\\]; 2011 No 41, Sch 1 \\[10\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42F:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[11\\]; 2011 No 41, Sch 1 \\[10\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42G:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[12\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42H:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2005 No 55, Sch 1 \\[5\\].\n\n**s 42I:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2006 No 58, Sch 1.38 \\[4\\]; 2010 No 31, Sch 6.1 \\[13\\] \\[14\\]. Subst 2011 No 41, Sch 1 \\[14\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42J:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2006 No 58, Sch 1.38 \\[4\\]; 2010 No 31, Sch 7.1 \\[20\\]; 2011 No 41, Sch 1 \\[10\\] \\[13\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42K:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2012 No 82, Sch 2.13 \\[9\\].\n\n**s 42L:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2004 No 55, Sch 1.42 \\[1\\]; 2008 No 97, Sch 4.7 \\[7\\]–\\[9\\]; 2012 No 82, Sch 2.13 \\[10\\]–\\[12\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 4, hdg:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 4:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42M:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2012 No 82, Sch 2.13 \\[13\\]; 2014 No 33, Sch 3.32 \\[5\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42N:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42O:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42P:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2008 No 97, Sch 4.7 \\[10\\]; 2010 No 31, Sch 6.1 \\[15\\] \\[16\\]; 2011 No 41, Sch 1 \\[15\\] \\[16\\]; 2012 No 82, Sch 2.13 \\[14\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**s 42Q:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2008 No 97, Sch 4.7 \\[11\\]; 2012 No 82, Sch 2.13 \\[15\\]. Rep 2017 No 4, Sch 1 \\[5\\].\n\n**pt 4A, div 5 (ss 42R, 42S):** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2005 No 55, Sch 1 \\[6\\].\n\n**pt 4A, div 6, hdg:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2012 No 82, Sch 2.13 \\[16\\].\n\n**pt 4A, div 6:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2012 No 82, Sch 2.13 \\[16\\].\n\n**s 42T:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2005 No 55, Sch 1 \\[7\\]; 2010 No 31, Sch 6.1 \\[3\\]. Rep 2012 No 82, Sch 2.13 \\[16\\].\n\n**s 42U:** Ins 2003 No 65, Sch 1 \\[10\\]. Am 2005 No 55, Sch 1 \\[8\\]; 2010 No 31, Sch 6.1 \\[17\\]. Rep 2012 No 82, Sch 2.13 \\[16\\].\n\n**s 42V:** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2005 No 55, Sch 1 \\[9\\].\n\n**pt 4A, div 7 (s 42W):** Ins 2003 No 65, Sch 1 \\[10\\]. Rep 2012 No 82, Sch 2.13 \\[16\\].","sortOrder":159},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transport Advisory Board","content":"# Part 5 Transport Advisory Board\n\nPart 5 Transport Advisory Board\n\n**pt 5:** Rep 1991 No 94, Sch 1. Ins 1996 No 56, Sch 1 \\[30\\]. Subst 2003 No 65, Sch 1 \\[11\\]; 2010 No 31, Sch 1.1 \\[18\\]. Am 2011 No 41, Sch 1 \\[17\\].","sortOrder":160},{"sectionNumber":"43","sectionType":"section","heading":"Establishment of Transport Advisory Board","content":"#### 43 Establishment of Transport Advisory Board\n\n43 Establishment of Transport Advisory Board\n\n> > (1) There is established by this Act a Transport Advisory Board.\n> \n> > (2) The Advisory Board is to consist of the following members—\n> > \n> > > (a) the Transport Secretary or a member of staff of the Department of Transport or of the Transport Service nominated by the Transport Secretary,\n> > \n> > > (b) no fewer than 3, and no more than 7, members appointed by the Minister.\n> > \n> > Note.\n> > \n> > Schedule 3 contains provisions relating to the members and procedure of the Advisory Board.\n> \n> **s 43:** Am 1990 No 39, Sch 4; 1991 No 94, Sch 1. Rep 1996 No 128, Sch 1 \\[6\\]. Ins 2003 No 65, Sch 1 \\[11\\]. Am 2005 No 55, Sch 1 \\[10\\] \\[11\\]. Subst 2010 No 31, Sch 1.1 \\[18\\]. Am 2011 No 41, Sch 1 \\[17\\] \\[18\\]; 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":161},{"sectionNumber":"44","sectionType":"section","heading":"Functions of Advisory Board","content":"#### 44 Functions of Advisory Board\n\n44 Functions of Advisory Board\n\n> > (1) The Advisory Board has the following functions—\n> > \n> > > (a) to provide advice to the Minister on such matters as are referred to it by the Minister,\n> > \n> > > (b) to provide advice to TfNSW on such matters as are referred to it by TfNSW,\n> > \n> > > (c) such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (2) (Repealed)\n> \n> > (3) The Advisory Board may, with the approval of TfNSW or the Minister, undertake public consultation for the purpose of exercising its functions.\n> \n> **s 44:** Rep 1991 No 94, Sch 1. Ins 1996 No 56, Sch 1 \\[30\\]. Am 1996 No 128, Sch 1 \\[7\\] \\[8\\]; 2000 No 89, Sch 2.1 \\[29\\] \\[30\\]. Subst 2003 No 65, Sch 1 \\[11\\]. Am 2005 No 55, Sch 1 \\[12\\]. Subst 2010 No 31, Sch 1.1 \\[18\\]. Am 2011 No 41, Sch 1 \\[10\\] \\[17\\] \\[19\\].","sortOrder":162},{"sectionNumber":"44A","sectionType":"section","heading":"Committees of Advisory Board","content":"#### 44A Committees of Advisory Board\n\n44A Committees of Advisory Board\n\n> > (1) The Advisory Board may establish committees to assist it in connection with the exercise of any of its functions.\n> \n> > (2) It does not matter that any or all of the members of a committee are not members of the Advisory Board.\n> \n> > (3) The procedure for calling meetings of a committee and for the conduct of those meetings is to be determined by the Advisory Board or (subject to any determination by the Advisory Board) by the committee.\n> \n> **s 44A:** Ins 2010 No 31, Sch 1.1 \\[18\\]. Am 2011 No 41, Sch 1 \\[17\\].","sortOrder":163},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Chief Investigator of the Office of Transport Safety Investigations","content":"# Part 5A Chief Investigator of the Office of Transport Safety Investigations\n\nPart 5A Chief Investigator of the Office of Transport Safety Investigations\n\n**pt 5A:** Ins 1996 No 56, Sch 1 \\[31\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\].","sortOrder":164},{"sectionNumber":"45","sectionType":"section","heading":"Chief Investigator","content":"#### 45 Chief Investigator\n\n45 Chief Investigator\n\n> > (1) The Governor, on the recommendation of the Minister, may appoint a Chief Investigator of the Office of Transport Safety Investigations.\n> \n> > (2) Schedule 2A contains provisions relating to the Chief Investigator.\n> \n> > (3) (Repealed)\n> \n> > (4) The office of the Chief Investigator may be known as the Office of Transport Safety Investigations.\n> \n> **s 45:** Rep 1991 No 94, Sch 1. Ins 1996 No 56, Sch 1 \\[30\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\]. Am 2014 No 33, Sch 3.32 \\[6\\].","sortOrder":165},{"sectionNumber":"45A","sectionType":"section","heading":"General functions of Chief Investigator","content":"#### 45A General functions of Chief Investigator\n\n45A General functions of Chief Investigator\n\n> > (1) The Chief Investigator has the functions conferred or imposed on the Chief Investigator by or under this or any other Act.\n> \n> > (2) The principal functions of the Chief Investigator are—\n> > \n> > > (a) to conduct investigations into rail and passenger transport accidents or incidents under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), and\n> > \n> > > (b) to determine the causes of those accidents or incidents, and\n> > \n> > > (c) to report on the outcome of any investigation to the Minister, and\n> > \n> > > (d) to review investigation reports prepared by transport authorities and other transport operators, and\n> > \n> > > (e) at the request of the Minister, to investigate and advise the Minister about any matter related to the safe operation of transport services.\n> \n> > (3) The Chief Investigator may, to the extent necessary to carry out his or her functions in this State, exercise the Chief Investigator’s functions within or outside this State.\n> \n> **s 45A:** Ins 1996 No 56, Sch 1 \\[31\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\]. Am 2008 No 97, Sch 4.7 \\[12\\]; 2012 No 82, Sch 2.13 \\[17\\] \\[18\\].","sortOrder":166},{"sectionNumber":"45AA","sectionType":"section","heading":"Limits on functions of Chief Investigator","content":"#### 45AA Limits on functions of Chief Investigator\n\n45AA Limits on functions of Chief Investigator\n\n> > (1) The following are not functions of the Chief Investigator—\n> > \n> > > (a) to apportion blame for transport safety matters,\n> > \n> > > (b) to provide the means to determine the liability of any person in respect of a transport safety matter,\n> > \n> > > (c) to assist in court proceedings between parties (except as provided by or under this or any other Act, whether expressly or impliedly),\n> > \n> > > (d) to allow any adverse inference to be drawn from the fact that a person was involved in a transport safety matter.\n> \n> > (2) However, even though blame or liability may be inferred, or an adverse inference may be made, by a person other than the Chief Investigator, this does not prevent the Chief Investigator from carrying out the Chief Investigator’s functions.\n> \n> > (3) To avoid doubt, this section does not prevent the prosecution of any offence under this Act, the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) or any other Act.\n> \n> **s 45AA:** Ins 2012 No 82, Sch 2.13 \\[19\\].","sortOrder":167},{"sectionNumber":"45B","sectionType":"section","heading":"No Ministerial control of Chief Investigator","content":"#### 45B No Ministerial control of Chief Investigator\n\n45B No Ministerial control of Chief Investigator\n\n> > (1) The Chief Investigator is not subject to the direction and control of the Minister in the exercise of the Chief Investigator’s investigative and reporting functions.\n> \n> > (2) Despite subsection (1), the Chief Investigator is to investigate and report on a particular rail or passenger transport accident or incident when given a written direction to do so by the Minister.\n> \n> **s 45B:** Ins 1996 No 56, Sch 1 \\[31\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\].","sortOrder":168},{"sectionNumber":"45C","sectionType":"section","heading":"Disclosure of information by Chief Investigator","content":"#### 45C Disclosure of information by Chief Investigator\n\n45C Disclosure of information by Chief Investigator\n\n> > (1) The Chief Investigator may, if he or she thinks it necessary for the safe operation of a transport service, disclose information acquired by the Chief Investigator in the performance of the Chief Investigator’s functions under this or any other Act to any other person.\n> \n> > (2) The Chief Investigator may, if the Chief Investigator thinks it desirable for the promotion of the safe operation of a transport service, publish any information.\n> \n> > (3) A publication under subsection (2) must not identify a person by name.\n> \n> > (4) (Repealed)\n> \n> > (5) This section does not permit the disclosure of information in contravention of section 46E of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> > (6) Section 131 of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) does not apply to a disclosure permitted under this section.\n> \n> **s 45C:** Ins 1996 No 56, Sch 1 \\[31\\]. Am 2001 No 131, Sch 1 \\[15\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\]. Am 2008 No 97, Sch 4.7 \\[13\\]–\\[15\\]; 2012 No 82, Sch 2.13 \\[20\\]–\\[22\\].","sortOrder":169},{"sectionNumber":"45D","sectionType":"section","heading":"Acting Chief Investigator","content":"#### 45D Acting Chief Investigator\n\n45D Acting Chief Investigator\n\n> > (1) The Minister may, from time to time, appoint a person to act in the office of the Chief Investigator during the illness or absence of the Chief Investigator, and the person, while so acting, has all the functions of the Chief Investigator and is taken to be the Chief Investigator.\n> \n> > (2) The Minister may, at any time, remove any person from an office to which the person was appointed under this section.\n> \n> > (3) A person while acting in the office of the Chief Investigator is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.\n> \n> > (4) For the purposes of this section, a vacancy in the office of the Chief Investigator is to be regarded as an absence from office of the Chief Investigator.\n> \n> **s 45D:** Ins 1996 No 56, Sch 1 \\[31\\]. Rep 2003 No 65, Sch 1 \\[11\\]. Ins 2005 No 55, Sch 1 \\[13\\].","sortOrder":170},{"sectionNumber":"45DA","sectionType":"section","heading":"Delegation of functions of Chief Investigator","content":"#### 45DA Delegation of functions of Chief Investigator\n\n45DA Delegation of functions of Chief Investigator\n\n> > (1) The Chief Investigator may delegate to an authorised person any of the functions of the Chief Investigator under this or any other Act, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Chief Investigator, if the delegate is authorised to do so by the Chief Investigator.\n> \n> > (3) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) a person appointed by the Chief Investigator under section 59(1), or\n> > \n> > > (b) a member of a class of persons prescribed by the regulations.\n> \n> **s 45DA:** Ins 2005 No 55, Sch 1 \\[13\\]. Am 2006 No 120, Sch 2.102.","sortOrder":171},{"sectionNumber":"45DB","sectionType":"section","heading":"Arrangements with Australian Transport Safety Bureau","content":"#### 45DB Arrangements with Australian Transport Safety Bureau\n\n45DB Arrangements with Australian Transport Safety Bureau\n\n> > (1) The Chief Investigator may enter into arrangements with the Australian Transport Safety Bureau to perform services in connection with the Bureau’s functions or the exercise of the Bureau’s functions or to make available any staff of the Chief Investigator to perform such services.\n> \n> > (2) The Chief Investigator may exercise any functions conferred on the Chief Investigator under an arrangement entered into under this section, whether those functions are to be exercised in this State or another State or Territory.\n> \n> Note.\n> \n> Section 16A of the [Transport Safety Investigation Act 2003](http://www.legislation.gov.au/) of the Commonwealth authorises the Australian Transport Safety Bureau to enter into arrangements of a kind referred to in section 45DB with the appropriate authority or officer of the government of a State or Territory.\n> \n> **s 45DB:** Ins 2012 No 82, Sch 2.13 \\[23\\].","sortOrder":172},{"sectionNumber":"Part 6","sectionType":"part","heading":null,"content":"# Part 6\n\nPart 6\n\nRenumbered as Part 2A of Schedule 1\n\n**pt 6, hdg:** Am 2011 No 41, Sch 1 \\[20\\].\n\n**pt 6, div 1:** Ins 1999 No 19, Sch 2.49 \\[1\\]. Am 2019 No 19, Sch 1\\[7\\]. Renumbered as Div 1 of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**s 45E:** Ins 1999 No 19, Sch 2.49 \\[1\\]. Am 2000 No 109, Sch 2.7 \\[1\\]–\\[4\\]; 2005 No 11, Sch 3.46 \\[1\\] \\[2\\]; 2011 No 41, Sch 1 \\[21\\]; 2011 No 62, Sch 3.38 \\[1\\]; 2013 No 19, Sch 4.78 \\[2\\]; 2019 No 19, Sch 1\\[7\\]. Renumbered as cl 8A of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**pt 6, div 1A, hdg (previously Part 6, Div 1, heading):** Subst 1999 No 19, Sch 2.49 \\[2\\]; 2011 No 41, Sch 1 \\[22\\]. Rep 2019 No 19, Sch 1\\[8\\].\n\n**pt 6, div 1A (previously Part 6, Div 1):** Renumbered 1999 No 19, Sch 2.49 \\[2\\]. Subst 2011 No 41, Sch 1 \\[22\\]. Rep 2019 No 19, Sch 1\\[8\\].\n\n**s 46:** Am 1993 No 33, Sch 1; 1995 No 73, Sch 4 \\[1\\]; 1998 No 99, Sch 1.14 \\[1\\]; 2000 No 53, Sch 3.28; 2005 No 11, Sch 3.46 \\[3\\]; 2006 No 2, Sch 4.75 \\[3\\]; 2007 No 54, Sch 2.6 \\[1\\]; 2009 No 75, Sch 2.7 \\[1\\]. Subst 2011 No 41, Sch 1 \\[22\\]. Rep 2019 No 19, Sch 1\\[8\\].\n\n**s 47:** Subst 2010 No 31, Sch 1.1 \\[19\\]; 2011 No 41, Sch 1 \\[22\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Rep 2019 No 19, Sch 1\\[8\\].\n\n**s 48:** Am 2010 No 31, Sch 1.1 \\[20\\]. Subst 2011 No 41, Sch 1 \\[22\\]. Rep 2019 No 19, Sch 1\\[8\\].\n\n**s 49:** Rep 2010 No 31, Sch 7.1 \\[13\\].\n\n**pt 6, div 1B, hdg:** Ins 1999 No 19, Sch 2.49 \\[3\\]. Am 2011 No 41, Sch 1 \\[23\\]; 2019 No 19, Sch 1\\[7\\] \\[10\\]. Renumbered as Div 2 of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**s 49A:** Ins 2011 No 41, Sch 1 \\[24\\]. Am 2012 No 90, Sch 2.15 \\[3\\]; 2014 No 33, Sch 3.32 \\[7\\]; 2019 No 19, Sch 1\\[7\\]. Renumbered as cl 8B of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**s 50:** Am 2011 No 41, Sch 1 \\[7\\] \\[21\\] \\[25\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2019 No 19, Sch 1\\[7\\]. Rep 2019 No 19, Sch 1\\[9\\].\n\n**s 51:** Rep 2010 No 31, Sch 7.1 \\[14\\].\n\n**s 52:** Am 2001 No 34, Sch 2.53 \\[3\\]. Rep 2010 No 31, Sch 7.1 \\[14\\].\n\n**s 52A:** Ins 1999 No 19, Sch 2.49 \\[4\\]. Am 2011 No 41, Sch 1 \\[21\\]; 2019 No 19, Sch 1\\[7\\]. Renumbered as cl 8C of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**ss 52B–52E:** Ins 2012 No 82, Sch 2.13 \\[24\\]. Am 2019 No 19, Sch 1\\[7\\]. Renumbered as cll 8D–8G of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**s 53:** Am 2004 No 55, Sch 1.42 \\[2\\]; 2011 No 41, Sch 1 \\[7\\] \\[21\\]; 2013 No 71, Sch 3.4. Renumbered as cl 8H of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**pt 6, div 1C:** Ins 1999 No 19, Sch 2.49 \\[5\\]. Renumbered as Div 3 of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**ss 53A–53C:** Ins 1999 No 19, Sch 2.49 \\[5\\]. Am 2011 No 41, Sch 1 \\[21\\]. Renumbered as cll 8I–8K of Part 2A of Sch 1 2019 No 19, Sch 1\\[10\\].\n\n**pt 6, div 2:** Rep 2010 No 31, Sch 7.1 \\[21\\].\n\n**s 54:** Am 1991 No 94, Sch 1; 1993 No 108, Sch 2; 2005 No 64, Sch 2.59 \\[1\\]. Rep 2010 No 31, Sch 7.1 \\[21\\].\n\n**s 55:** Rep 2010 No 31, Sch 7.1 \\[21\\].","sortOrder":173},{"sectionNumber":"Part 6A","sectionType":"part","heading":null,"content":"# Part 6A\n\nPart 6A\n\n(Repealed)\n\n**pt 6A:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\].\n\n**pt 6A, divs 1–5:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\].","sortOrder":174},{"sectionNumber":"Part 6B","sectionType":"part","heading":"Subsidiary corporations, joint ventures etc","content":"# Part 6B Subsidiary corporations, joint ventures etc\n\nPart 6B Subsidiary corporations, joint ventures etc\n\n**pt 6B:** Ins 2010 No 31, Sch 1.1 \\[21\\].","sortOrder":175},{"sectionNumber":"55A","sectionType":"section","heading":"Definition of “transport authority”","content":"#### 55A Definition of “transport authority”\n\n55A Definition of “transport authority”\n\n> In this Part, transport authority means any of the following—\n> \n> > (a) TfNSW,\n> \n> > (b) TAM,\n> \n> > (c) (Repealed)\n> \n> > (d) State Transit Authority,\n> \n> > (e) Sydney Ferries,\n> \n> > (f) NSW Trains,\n> \n> > (f1) NSW Motorways,\n> \n> > (g) Sydney Trains,\n> \n> > (h) (Repealed)\n> \n> > (i) Sydney Metro.\n> \n> **s 55A:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[21\\]. Am 2011 No 41, Schs 1 \\[7\\] \\[10\\], 3.1 \\[8\\], 4.1 \\[7\\]; 2017 No 12, Sch 1.1 \\[16\\]; 2018 No 18, Sch 1 \\[11\\]; 2019 No 19, Sch 1\\[11\\]; 2017 No 12, Sch 2.1\\[10\\]; 2024 No 58, Sch 1.2\\[13\\]; 2024 No 95, Sch 1\\[11\\]; 2025 No 66, Sch 2.1\\[10\\].","sortOrder":176},{"sectionNumber":"55B","sectionType":"section","heading":"Exercise of functions through subsidiary corporations, joint ventures etc","content":"#### 55B Exercise of functions through subsidiary corporations, joint ventures etc\n\n55B Exercise of functions through subsidiary corporations, joint ventures etc\n\n> > (1) In this section—\n> > \n> > subsidiary corporation of a transport authority means—\n> > \n> > > (a) a public subsidiary corporation referred to in section 55C that is constituted for the purposes of the transport authority, or\n> > \n> > > (b) a private subsidiary corporation referred to in section 55D that is formed for the purposes of the transport authority.\n> \n> > (2) Any function of a transport authority may be exercised—\n> > \n> > > (a) by the transport authority itself, or\n> > \n> > > (b) by a subsidiary corporation of the transport authority, or\n> > \n> > > (c) by the transport authority or a subsidiary corporation of the transport authority, or both, in a partnership, joint venture or other association with other persons or bodies.\n> \n> > (3) This section does not extend to the function of TfNSW to give directions under section 3G.\n> \n> **s 55B:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[21\\]. Am 2011 No 41, Sch 1 \\[10\\] \\[11\\].","sortOrder":177},{"sectionNumber":"55C","sectionType":"section","heading":"Public subsidiary corporations","content":"#### 55C Public subsidiary corporations\n\n55C Public subsidiary corporations\n\n> > (1) In this section—\n> > \n> > public subsidiary corporation means a corporation constituted in accordance with this section for the purposes of a transport authority.\n> \n> > (2) The regulations may constitute a corporation for the purposes of this section with the corporate name specified in the regulations.\n> \n> > (3) A public subsidiary corporation—\n> > \n> > > (a) has such of the functions of the transport authority in respect of which it is constituted as are specified in the regulations or delegated to it under this Act, and\n> > \n> > > (b) is, for the purposes of any Act, a NSW Government agency.\n> \n> > (4) The provisions of or made under this Act or any other Act relating to a transport authority apply to and in respect of a public subsidiary corporation constituted for the purposes of that authority in such manner and to such extent as are prescribed by the regulations.\n> \n> > (5) With the approval of the Minister—\n> > \n> > > (a) a transport authority may transfer any of its assets, rights or liabilities to a public subsidiary corporation of the authority, and\n> > \n> > > (b) a public subsidiary corporation of a transport authority may transfer any of its assets, rights or liabilities to the transport authority or to another public subsidiary corporation of the authority.\n> \n> > (6) The regulations may make provision for or with respect to the vesting of those assets, rights and liabilities in the transferee without any transfer, conveyance or assignment.\n> \n> > (7) A public subsidiary corporation is dissolved by the repeal of the regulations by which it is constituted (unless continued in existence by the regulations), and on any such dissolution the assets, rights and liabilities of the corporation become the assets, rights and liabilities of the transport authority in respect of which the corporation was constituted.\n> \n> **s 55C:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[21\\].","sortOrder":178},{"sectionNumber":"55D","sectionType":"section","heading":"Private subsidiary corporations etc","content":"#### 55D Private subsidiary corporations etc\n\n55D Private subsidiary corporations etc\n\n> > (1) In this section—\n> > \n> > private corporation means a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth formed in or outside New South Wales.\n> > \n> > private subsidiary corporation means a private corporation in which a transport authority has a controlling interest.\n> \n> > (2) A transport authority may, subject to subsection (3)—\n> > \n> > > (a) form, or participate in the formation of, private corporations, and\n> > \n> > > (b) acquire interests in private corporations, and\n> > \n> > > (c) sell or otherwise dispose of interests in private corporations,\n> > \n> > whether or not the activities or proposed activities of any such private corporation are related to the activities of the transport authority.\n> \n> > (3) A transport authority must not, without the approval of the Minister—\n> > \n> > > (a) form, or participate in the formation of, a private subsidiary corporation, or\n> > \n> > > (b) acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or\n> > \n> > > (c) sell or otherwise dispose of any interest in a private subsidiary corporation so that, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.\n> \n> > (4) A private subsidiary corporation is not a NSW Government agency.\n> \n> **s 55D:** Ins 2008 No 115, Sch 1 \\[7\\]. Rep 2010 No 31, Sch 4.1 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[21\\].","sortOrder":179},{"sectionNumber":"55E","sectionType":"section","heading":null,"content":"#### 55E\n\n55E–55S (Repealed)","sortOrder":180},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions relating to staff","content":"# Part 7 Provisions relating to staff\n\nPart 7 Provisions relating to staff\n\n**pt 7, hdg:** Am 2003 No 65, Sch 1 \\[12\\]. Subst 2005 No 55, Sch 1 \\[14\\]; 2006 No 2, Sch 4.75 \\[4\\]. Am 2010 No 31, Sch 7.1 \\[22\\].\n\n**pt 7:** Subst 2006 No 2, Sch 4.75 \\[4\\].","sortOrder":182},{"sectionNumber":"59","sectionType":"section","heading":"Employment of staff","content":"#### 59 Employment of staff\n\n59 Employment of staff\n\n> > (1) The Chief Investigator may appoint such staff as the Chief Investigator requires to exercise the Chief Investigator’s functions.\n> \n> > (2) Those members of staff are taken to be employed by the Government of New South Wales in the service of the Crown, except as provided by subsection (3).\n> \n> > (2A) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the employment of those members of staff.\n> \n> > (3) The Chief Investigator is, for the purposes of any proceedings relating to those members of staff held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of the staff.\n> \n> > (4) The Chief Investigator may enter into an agreement with any association or organisation representing a group or class of those members of staff with respect to industrial matters.\n> \n> > (5) Any such agreement binds all persons in the class or group affected by the agreement, and no such person (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.\n> \n> > (6) An agreement under this section is not an enterprise agreement within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). However, the Chief Investigator may enter into such an enterprise agreement as the employer of the members of staff concerned.\n> \n> **s 59:** Rep 1993 No 50, Sch 3. Ins 1996 No 56, Sch 1 \\[32\\]. Rep 1998 No 8, Sch 1 \\[11\\]. Ins 2006 No 2, Sch 4.75 \\[4\\]. Am 2014 No 33, Sch 3.32 \\[11\\].","sortOrder":185},{"sectionNumber":"59A","sectionType":"section","heading":null,"content":"#### 59A\n\n59A–59C (Repealed)","sortOrder":186},{"sectionNumber":"60","sectionType":"section","heading":"Salary, wages and conditions of staff","content":"#### 60 Salary, wages and conditions of staff\n\n60 Salary, wages and conditions of staff\n\n> The Chief Investigator may fix the salary, wages and conditions of employment of any staff appointed under section 59(1) in so far as they are not fixed by or under any other Act or law.\n> \n> **s 60:** Am 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[33\\]. Subst 2006 No 2, Sch 4.75 \\[4\\].","sortOrder":188},{"sectionNumber":"61","sectionType":"section","heading":"Regulations relating to staff of Chief Investigator","content":"#### 61 Regulations relating to staff of Chief Investigator\n\n61 Regulations relating to staff of Chief Investigator\n\n> > (1) The regulations may make provision for or with respect to the employment of staff appointed under section 59(1), including the conditions of employment and the discipline of any such staff.\n> \n> > (2) Any such regulations relating to the conditions of employment or the discipline of staff—\n> > \n> > > (a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Chief Investigator is a party, and\n> > \n> > > (b) have effect despite any determination of the Chief Investigator under section 60.\n> > \n> > > (c) (Repealed)\n> \n> **s 61:** Subst 2006 No 2, Sch 4.75 \\[4\\]. Am 2014 No 33, Sch 3.32 \\[12\\].","sortOrder":189},{"sectionNumber":"Division 2A","sectionType":"division","heading":null,"content":"## Division 2A\n\nDivision 2A\n\n61A–61C (Repealed)\n\n**pt 7, div 2A (ss 61A–61C):** Ins 2010 No 31, Sch 2.1 \\[5\\]. Rep 2011 No 41, Sch 3.1 \\[9\\].","sortOrder":190},{"sectionNumber":"62","sectionType":"section","heading":"Employment of staff","content":"#### 62 Employment of staff\n\n62 Employment of staff\n\n> Sydney Ferries may employ such staff as it requires to exercise its functions.\n> \n> **s 62:** Am 1989 No 105, Sch 1 (am 1990 No 108, Sch 2); 2003 No 65, Sch 1 \\[13\\]. Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2008 No 98, Sch 3.1 \\[10\\].","sortOrder":192},{"sectionNumber":"63","sectionType":"section","heading":"Salary, conditions etc of staff","content":"#### 63 Salary, conditions etc of staff\n\n63 Salary, conditions etc of staff\n\n> Sydney Ferries may fix the salary, wages and conditions of employment of its staff in so far as they are not fixed by or under any other Act or law.\n> \n> **s 63:** Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2008 No 98, Sch 3.1 \\[10\\].","sortOrder":193},{"sectionNumber":"64","sectionType":"section","heading":"Regulations relating to Sydney Ferries staff","content":"#### 64 Regulations relating to Sydney Ferries staff\n\n64 Regulations relating to Sydney Ferries staff\n\n> > (1) The regulations may make provision for or with respect to the employment of the staff of Sydney Ferries, including the conditions of employment and the discipline of any such staff.\n> \n> > (2) Any such regulations relating to the conditions of employment or the discipline of staff—\n> > \n> > > (a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which Sydney Ferries is a party, and\n> > \n> > > (b) have effect despite any determination of Sydney Ferries under section 63, and\n> > \n> > > (c) may provide for appeals by members of staff in connection with their employment.\n> > \n> > > (d) (Repealed)\n> \n> > (3) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the employment of staff under this Division.\n> \n> **s 64:** Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2008 No 98, Sch 3.1 \\[10\\]. Am 2014 No 33, Sch 3.32 \\[13\\] \\[14\\].","sortOrder":194},{"sectionNumber":"Division 3A","sectionType":"division","heading":"Staff of Sydney Trains","content":"## Division 3A Staff of Sydney Trains\n\nDivision 3A Staff of Sydney Trains\n\n**pt 7, div 3A:** Ins 2003 No 65, Sch 1 \\[14\\]. Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2010 No 31, Sch 3.1 \\[5\\]. Rep 2011 No 41, Sch 4.1 \\[8\\]. Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":195},{"sectionNumber":"64A","sectionType":"section","heading":"Employment of staff","content":"#### 64A Employment of staff\n\n64A Employment of staff\n\n> Sydney Trains may employ such staff as it requires to exercise its functions.\n> \n> **s 64A–64C:** Ins 2010 No 31, Sch 3.1 \\[5\\]. Rep 2011 No 41, Sch 4.1 \\[8\\]. Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":196},{"sectionNumber":"64B","sectionType":"section","heading":"Salary, conditions etc of staff","content":"#### 64B Salary, conditions etc of staff\n\n64B Salary, conditions etc of staff\n\n> Sydney Trains may fix the salary, wages and conditions of employment of its staff in so far as they are not fixed by or under any other Act or law.\n> \n> **s 64A–64C:** Ins 2010 No 31, Sch 3.1 \\[5\\]. Rep 2011 No 41, Sch 4.1 \\[8\\]. Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":197},{"sectionNumber":"64C","sectionType":"section","heading":"Regulations relating to Sydney Trains staff","content":"#### 64C Regulations relating to Sydney Trains staff\n\n64C Regulations relating to Sydney Trains staff\n\n> > (1) The regulations may make provision for or with respect to the employment of the staff of Sydney Trains, including the conditions of employment and the discipline of any such staff.\n> \n> > (2) Any such regulations relating to the conditions of employment or the discipline of staff—\n> > \n> > > (a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which Sydney Trains is a party, and\n> > \n> > > (b) have effect despite any determination of Sydney Trains under section 64B.\n> \n> > (3) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the employment of staff under this Division.\n> \n> **s 64A–64C:** Ins 2010 No 31, Sch 3.1 \\[5\\]. Rep 2011 No 41, Sch 4.1 \\[8\\]. Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":198},{"sectionNumber":"Division 3B","sectionType":"division","heading":"Staff of NSW Trains","content":"## Division 3B Staff of NSW Trains\n\nDivision 3B Staff of NSW Trains\n\n**pt 7, div 3B (ss 64D–64F):** Ins 2017 No 12, Sch 1.1 \\[17\\].\n\n**pt 7, div 3B (ss 65F–65I):** Ins 2005 No 55, Sch 1 \\[15\\]. Rep 2006 No 2, Sch 4.75 \\[4\\].","sortOrder":199},{"sectionNumber":"64D","sectionType":"section","heading":"Employment of staff","content":"#### 64D Employment of staff\n\n64D Employment of staff\n\n> NSW Trains may employ such staff as it requires to exercise its functions.\n> \n> **pt 7, div 3B (ss 64D–64F):** Ins 2017 No 12, Sch 1.1 \\[17\\].\n> \n> **ss 65A–65E:** Ins 2003 No 65, Sch 1 \\[14\\]. Rep 2006 No 2, Sch 4.75 \\[4\\].","sortOrder":200},{"sectionNumber":"64E","sectionType":"section","heading":"Salary, conditions etc of staff","content":"#### 64E Salary, conditions etc of staff\n\n64E Salary, conditions etc of staff\n\n> NSW Trains may fix the salary, wages and conditions of employment of its staff in so far as they are not fixed by or under any other Act or law.\n> \n> **pt 7, div 3B (ss 64D–64F):** Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":201},{"sectionNumber":"64F","sectionType":"section","heading":"Regulations relating to NSW Trains staff","content":"#### 64F Regulations relating to NSW Trains staff\n\n64F Regulations relating to NSW Trains staff\n\n> > (1) The regulations may make provision for or with respect to the employment of the staff of NSW Trains, including the conditions of employment and the discipline of any such staff.\n> \n> > (2) Any such regulations relating to the conditions of employment or the discipline of staff—\n> > \n> > > (a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which NSW Trains is a party, and\n> > \n> > > (b) have effect despite any determination of NSW Trains under section 64E.\n> \n> > (3) The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the employment of staff under this Division.\n> \n> **pt 7, div 3B (ss 64D–64F):** Ins 2017 No 12, Sch 1.1 \\[17\\].","sortOrder":202},{"sectionNumber":"65","sectionType":"section","heading":"Definitions","content":"#### 65 Definitions\n\n65 Definitions\n\n> In this Division—\n> \n> transferred staff member means a member of staff of a transport authority who is the subject of an order under this Division.\n> \n> transport authority means any of the following—\n> \n> > (a) the Department of Transport,\n> \n> > (a1) TfNSW,\n> \n> > (b) TAM,\n> \n> > (c) (Repealed)\n> \n> > (d) State Transit Authority,\n> \n> > (e) Sydney Ferries,\n> \n> > (f) NSW Trains,\n> \n> > (f1) NSW Motorways,\n> \n> > (g) Sydney Trains,\n> \n> > (g1) Sydney Metro,\n> \n> > (h) a public subsidiary corporation (as referred to in Part 6B) of any of the above bodies.\n> \n> > (i), (j) (Repealed)\n> \n> **s 65:** Am 1989 No 105, Sch 1; 2003 No 65, Sch 1 \\[13\\]. Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[22\\]. Am 2011 No 41, Schs 1 \\[7\\] \\[26\\], 3.1 \\[10\\], 4.1 \\[9\\]; 2012 No 95, Sch 2.39 \\[3\\]; 2013 No 111, Sch 1.13 \\[3\\]; 2017 No 4, Sch 1 \\[6\\]; 2017 No 12, Schs 1.1\\[18\\], 2.1\\[12\\]; 2018 No 18, Sch 1 \\[12\\]; 2019 No 19, Sch 1\\[12\\]; 2024 No 58, Sch 1.2\\[14\\]; 2024 No 95, Sch 1\\[12\\].","sortOrder":204},{"sectionNumber":"66","sectionType":"section","heading":"Orders providing for transfer of staff of transport authorities","content":"#### 66 Orders providing for transfer of staff of transport authorities\n\n66 Orders providing for transfer of staff of transport authorities\n\n> > (1) TfNSW may, by order in writing, provide that any member of staff of a transport authority who is specified or described in the order is transferred to another transport authority specified in the order.\n> \n> > (2) The transferred staff member is taken for all purposes as having become an employee of the other transport authority, in accordance with the terms of the order, on the day specified in the order.\n> \n> > (3) (Repealed)\n> \n> **s 66:** Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[22\\]. Am 2011 No 41, Sch 1 \\[10\\]; 2017 No 4, Sch 1 \\[7\\].","sortOrder":205},{"sectionNumber":"67","sectionType":"section","heading":"Preservation of remuneration and other conditions of employment on transfer","content":"#### 67 Preservation of remuneration and other conditions of employment on transfer\n\n67 Preservation of remuneration and other conditions of employment on transfer\n\n> > (1) Except as otherwise provided by this Division or the regulations, the terms and conditions on which a transferred staff member becomes employed on being transferred by an order under this Division (including terms and conditions as to remuneration, allowances and duration of employment) are, on the transfer date, those on which the staff member was employed immediately before the transfer.\n> \n> > (2) Nothing in this section prevents the terms and conditions of employment referred to in subsection (1) from being varied.\n> \n> **s 67:** Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[22\\].","sortOrder":206},{"sectionNumber":"68","sectionType":"section","heading":"Preservation of leave and other entitlements for previous service","content":"#### 68 Preservation of leave and other entitlements for previous service\n\n68 Preservation of leave and other entitlements for previous service\n\n> > (1) Continuous service of a transferred staff member with any transport authority is taken, for all purposes, as service with the transport authority that is the staff member’s current employer.\n> \n> > (2) This section applies, without limiting its operation, for the purpose of the accrual of leave with the current employer and for the purpose of any entitlements to redundancy payments from the current employer.\n> \n> > (3) In particular, a transferred staff member retains, on being transferred under this Division, any rights to annual leave, long service leave and sick leave accrued in the staff member’s previous employment with a transport authority.\n> \n> > (4) A transferred staff member’s entitlement to any such leave is to be calculated—\n> > \n> > > (a) for the part of any period during which that leave accrued or was accruing that occurred before the day of transfer—at the rate for the time being applicable to the staff member before that day, and\n> > \n> > > (b) for the part of the period that occurred after the day of transfer—at the rate for the time being applicable to the staff member after that day.\n> \n> **s 68:** Rep 2006 No 2, Sch 4.75 \\[4\\]. Ins 2010 No 31, Sch 1.1 \\[22\\].","sortOrder":207},{"sectionNumber":"68A","sectionType":"section","heading":"No payment out on transfer or dual benefits","content":"#### 68A No payment out on transfer or dual benefits\n\n68A No payment out on transfer or dual benefits\n\n> A person who is transferred under this Division—\n> \n> > (a) is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the transport authority from which the person is transferred, and\n> \n> > (b) is not entitled to elect, because of the transfer, to be paid the money value of any extended or annual leave that the person accrued as a member of staff of the transport authority from which the person is transferred, and\n> \n> > (c) is not entitled to claim, under this or any other Act, dual benefits of the same kind for the same period of service.\n> \n> **s 68A:** Ins 2010 No 31, Sch 1.1 \\[22\\].","sortOrder":208},{"sectionNumber":"Part 7A","sectionType":"part","heading":"The Transport Service","content":"# Part 7A The Transport Service\n\nPart 7A The Transport Service\n\n**pt 7A:** Ins 2011 No 41, Sch 1 \\[27\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":209},{"sectionNumber":"68B","sectionType":"section","heading":"The Transport Service","content":"#### 68B The Transport Service\n\n68B The Transport Service\n\n> > (1) The Transport Service of New South Wales consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.\n> \n> > (2) Those persons are not employed in the Public Service of New South Wales.\n> \n> **s 68B:** Ins 2011 No 41, Sch 1 \\[27\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":210},{"sectionNumber":"68C","sectionType":"section","heading":"Employment in the Transport Service","content":"#### 68C Employment in the Transport Service\n\n68C Employment in the Transport Service\n\n> > (1) The Government of New South Wales may employ persons in the Transport Service to enable the following bodies (and their public subsidiary corporations) to exercise their functions—\n> > \n> > > (a) TfNSW,\n> > \n> > > (b) State Transit Authority,\n> > \n> > > (c) TAM,\n> > \n> > > (c1) NSW Motorways,\n> > \n> > > (d) Sydney Metro.\n> > \n> > Note.\n> > \n> > Section 68Q (10) provides that the persons so employed may be referred to as officers or employees, or members of staff, of the body or corporation concerned. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes TfNSW and the State Transit Authority (and any of their public subsidiary corporations) from employing staff.\n> \n> > (2) The Government of New South Wales may also employ persons in the Transport Service to enable Sydney Metro, Sydney Trains or NSW Trains (or a public subsidiary corporation of Sydney Metro, Sydney Trains or NSW Trains) to exercise their functions.\n> > \n> > Note.\n> > \n> > NSW Trains and Sydney Trains also have the power to employ staff separately (see sections 64A and 64D for Sydney Trains and NSW Trains, respectively). Staff employed by Sydney Trains and NSW Trains are not employed in the Transport Service.\n> \n> > (3) The Transport Secretary may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the persons employed in the Transport Service.\n> \n> > (4) The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment.\n> \n> **s 68C:** Ins 2011 No 41, Sch 1 \\[27\\]. Am 2014 No 33, Sch 3.32 \\[1\\] \\[15\\]. Subst 2016 No 2, Sch 4 \\[1\\]. Am 2017 No 12, Schs 1.1\\[19\\], 2.1\\[13\\] (am 2018 No 18, Sch 2.19); 2018 No 18, Sch 1 \\[13\\]; 2019 No 19, Sch 1\\[13\\] \\[14\\]; 2024 No 58, Sch 1.2\\[15\\]; 2024 No 95, Sch 1\\[13\\]; 2025 No 66, Sch 2.1\\[11\\].","sortOrder":211},{"sectionNumber":"68D","sectionType":"section","heading":"Transport Service senior executives, senior managers and non-executive employees","content":"#### 68D Transport Service senior executives, senior managers and non-executive employees\n\n68D Transport Service senior executives, senior managers and non-executive employees\n\n> > (1) Persons who are employed in the Transport Service in a Public Service senior executive band are Transport Service senior executives. For that purpose, the Public Service senior executive bands under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) apply to employment in the Transport Service.\n> \n> > (2) Persons who are employed in the Transport Service and designated by the Transport Secretary as senior managers are Transport Service senior managers.\n> \n> > (3) All other persons employed in the Transport Service who are not Transport Service senior executives or Transport Service senior managers are Transport Service non-executive employees.\n> \n> **s 68D:** Ins 2011 No 41, Sch 1 \\[27\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":212},{"sectionNumber":"68E","sectionType":"section","heading":"Kinds of employment in the Transport Service","content":"#### 68E Kinds of employment in the Transport Service\n\n68E Kinds of employment in the Transport Service\n\n> > (1) Employment in the Transport Service may be any one of the following kinds of employment—\n> > \n> > > (a) ongoing employment,\n> > \n> > > (b) term employment (in the case of Transport Service senior executives or senior managers),\n> > \n> > > (c) temporary employment (in the case of Transport Service non-executive employees),\n> > \n> > > (d) casual employment (in the case of Transport Service non-executive employees).\n> \n> > (2) Ongoing employment is employment that continues until the employee resigns or his or her employment is terminated.\n> \n> > (3) Term employment is employment for a specified period or for the duration of a specified task (unless the employee sooner resigns or his or her employment is terminated).\n> \n> > (4) Temporary employment is employment for a temporary purpose.\n> \n> > (5) Casual employment is employment to carry out irregular, intermittent, short-term, urgent or other work as and when required.\n> \n> **s 68E:** Ins 2011 No 41, Sch 1 \\[27\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":213},{"sectionNumber":"68F","sectionType":"section","heading":"Senior executives—employment in bands and assignment to roles","content":"#### 68F Senior executives—employment in bands and assignment to roles\n\n68F Senior executives—employment in bands and assignment to roles\n\n> > (1) A Transport Service senior executive is to be employed in the Public Service senior executive band that the Transport Secretary considers appropriate for the role of the executive.\n> \n> > (2) In determining the number of Transport Service senior executives and the appropriate band in which they are employed, the Transport Secretary is to apply the applicable work level standards and have regard to any guidance provided by the Public Service Commissioner.\n> \n> > (3) A Transport Service senior executive may, from time to time, be assigned by the Transport Secretary to a role in any part of the Transport Service in the band in which the executive is employed.\n> \n> > (4) A Transport Service senior executive may—\n> > \n> > > (a) be transferred by the Transport Secretary to the Public Service of New South Wales and assigned to a role in any Public Service agency in the band in which the executive is employed (with the agreement of the head of that agency), or\n> > \n> > > (b) be transferred by the Transport Secretary to the NSW Police Force and assigned to a role (other than as a police officer) in the band in which the executive is employed (with the agreement of the Commissioner of Police), or\n> > \n> > > (c) be transferred by the Transport Secretary to the NSW Health Service and assigned to a role in the band in which the executive is employed (with the agreement of the Secretary of the Ministry of Health).\n> > > \n> > > Note.\n> > > \n> > > A Transport Service senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation except with the concurrence of the board of the organisation concerned—see section 121D (11) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).\n> \n> > (5) Transport Service senior executives may be assigned to roles under this section to enable the flexible deployment of staff resources and to develop the capabilities of staff.\n> \n> > (6) A Transport Service senior executive is not to be assigned to a different role under this section unless the executive has been consulted. The remuneration payable to the executive is not to be reduced because of the assignment to the different role without the consent of the executive. This subsection extends to a transfer under subsection (4).\n> \n> > (7) In this section—\n> > \n> > assign to a role includes assign to a different role.\n> > \n> > role of a Transport Service senior executive means the duties and responsibilities of the executive.\n> \n> **s 68F:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":214},{"sectionNumber":"68G","sectionType":"section","heading":"Senior executives—government sector employment rules","content":"#### 68G Senior executives—government sector employment rules\n\n68G Senior executives—government sector employment rules\n\n> > (1) The Public Service Commissioner may make government sector employment rules under section 12 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) on any matter relating to the employment of Transport Service senior executives (including, without limitation, matters of the kind referred to in section 36 of that Act).\n> \n> > (2) The Public Service Commissioner must consult the Transport Secretary before making any such rules.\n> \n> **s 68G:** Ins 2011 No 41, Sch 1 \\[27\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":215},{"sectionNumber":"68H","sectionType":"section","heading":"Senior executives—contract of employment","content":"#### 68H Senior executives—contract of employment\n\n68H Senior executives—contract of employment\n\n> > (1) A Transport Service senior executive is to be employed under a written contract of employment signed by the executive and by the Transport Secretary on behalf of the Government.\n> \n> > (2) Without limiting section 68G (1), the government sector employment rules made under section 12 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may prescribe model contracts of employment for Transport Service senior executives and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions.\n> \n> > (3) Subject to this Part, the government sector employment rules and any direction issued by the Public Service Commissioner under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), a contract of employment of a Transport Service senior executive is to deal with the following matters—\n> > \n> > > (a) the band in which the executive is employed,\n> > \n> > > (b) the duration of the contract if the executive is not employed in ongoing employment,\n> > \n> > > (c) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances,\n> > \n> > > (d) performance obligations, and reviews of performance, of the executive,\n> > \n> > > (e) progression in the total remuneration package of the executive based on performance,\n> > \n> > > (f) leave and other conditions of employment of the executive,\n> > \n> > > (g) the compensation for any termination of employment of the executive by the Transport Secretary (including the period to which the compensation relates),\n> > \n> > > (h) any other matter prescribed by the regulations under section 39(4) of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (4) The contract of employment of a Transport Service senior executive may, subject to this Act, include conditions of engagement.\n> \n> > (5) The contract of employment of a Transport Service senior executive does not limit, and is not terminated or otherwise affected by—\n> > \n> > > (a) the transfer of the executive under section 68F (4) to the Public Service of New South Wales, the NSW Police Force or the NSW Health Service, or\n> > \n> > > (b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive.\n> \n> > (6) A contract of employment of a Transport Service senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement.\n> \n> > (7) The regulations under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may make provision with respect to the compensation to which a Transport Service senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a Transport Service senior executive is entitled under a contract of employment entered into before the commencement of the regulation.\n> \n> **s 68H:** Ins 2011 No 41, Sch 1 \\[27\\]. Am 2014 No 33, Sch 3.32 \\[1\\]. Subst 2016 No 2, Sch 4 \\[1\\].","sortOrder":216},{"sectionNumber":"68HA","sectionType":"section","heading":null,"content":"#### 68HA\n\n68HA (Repealed)","sortOrder":217},{"sectionNumber":"68I","sectionType":"section","heading":"Senior executives—remuneration, benefits and allowances","content":"#### 68I Senior executives—remuneration, benefits and allowances\n\n68I Senior executives—remuneration, benefits and allowances\n\n> > (1) The remuneration package of a Transport Service senior executive must be within the range determined under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004) for the band in which the executive is employed (except as provided by subsection (2)).\n> > \n> > Note.\n> > \n> > See also section 24R (3) of the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004).\n> \n> > (2) The Transport Secretary may, in accordance with parameters agreed on by the Transport Secretary and the Public Service Commissioner, determine a remuneration package for a Transport Service senior executive or class of Transport Service senior executives that is within a range higher than the range determined under the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004) for the band in which the executive or class of executives is employed.\n> \n> > (3) The kinds and value of employment benefits and the allowances for a Transport Service senior executive are to be determined by the Transport Secretary. In making any such determination, the Transport Secretary is to have regard to any similar determinations that apply to Public Service senior executives.\n> \n> > (4) A Transport Service senior executive is only entitled to the remuneration, employment benefits or allowances provided in the executive’s contract of employment.\n> \n> > (5) For the purposes of this section, employment benefits for a Transport Service senior executive are—\n> > \n> > > (a) contributions by the executive’s employer to a superannuation scheme or fund of the executive, and\n> > \n> > > (b) other benefits provided to the executive at the cost of the executive’s employer that are of a private nature.\n> \n> **s 68I:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":219},{"sectionNumber":"68J","sectionType":"section","heading":"Senior managers—remuneration level and conditions of employment","content":"#### 68J Senior managers—remuneration level and conditions of employment\n\n68J Senior managers—remuneration level and conditions of employment\n\n> > (1) The remuneration level for Transport Service senior managers is to be less than that for any Transport Service senior executive and more than that for a clerk (grade 12) in the Public Service with general administrative duties.\n> \n> > (2) However, the Transport Secretary may, in such cases as the Transport Secretary considers appropriate, determine a remuneration level for any particular Transport Service senior manager or class of senior managers that is above the range referred to in subsection (1).\n> > \n> > Note.\n> > \n> > See also the relevant savings and transitional provisions of Schedule 7 which provide that existing senior managers (ie members of the Transport Service who were designated as senior managers before the commencement of the substitution of this Part by the [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002)) have on that commencement the same remuneration as paid to them under the former executive provisions.\n> \n> > (3) The conditions of employment of Transport Service senior managers are the conditions set out in a written contract of employment between the Transport Secretary and the senior manager.\n> \n> > (4) The contract of employment may adopt by reference conditions of employment applicable to Transport Service senior executives.\n> \n> > (5) In this section—\n> > \n> > conditions of employment has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> **s 68J:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":220},{"sectionNumber":"68K","sectionType":"section","heading":"Non-executive employees—conditions of employment","content":"#### 68K Non-executive employees—conditions of employment\n\n68K Non-executive employees—conditions of employment\n\n> > (1) The Transport Secretary may fix the conditions of employment of Transport Service non-executive employees in so far as they are not fixed by or under any other law. Conditions of employment fixed under this subsection may adopt by reference conditions of employment applicable to Transport Service senior executives or senior managers.\n> \n> > (2) The Transport Secretary may enter into an agreement with any association or organisation representing Transport Service non-executive employees with respect to the conditions of employment of those employees in so far as they are not fixed by or under any other law.\n> \n> > (3) The Transport Secretary is, for the purposes of any proceedings relating to Transport Service non-executive employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of those employees.\n> \n> > (4) In this section—\n> > \n> > conditions of employment has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> **s 68K:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":221},{"sectionNumber":"68L","sectionType":"section","heading":"Senior managers and non-executive employees—assignment to different roles within Transport Service","content":"#### 68L Senior managers and non-executive employees—assignment to different roles within Transport Service\n\n68L Senior managers and non-executive employees—assignment to different roles within Transport Service\n\n> > (1) The Transport Secretary may, subject to this section, assign a person who is a Transport Service senior manager or non-executive employee to another role within the Transport Service following consultation with the person.\n> \n> > (2) The following provisions apply to the assignment of a person under this section—\n> > \n> > > (a) the assignment is to be made at the person’s existing level of remuneration, unless the person consents to the assignment at a lower level of remuneration,\n> > \n> > > (b) the Transport Secretary must be satisfied that the person possesses the essential qualifications specified for the other role and the work assigned to the other role is appropriate to the skills and qualifications of the person,\n> > \n> > > (c) the person is entitled, on the assignment date, to any conditions of employment applicable to that person under section 67 immediately before the assignment, until such time as further provision is made under this Act or any other law.\n> \n> **s 68L:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":222},{"sectionNumber":"68M","sectionType":"section","heading":"Non-executive employees and senior managers acting in senior executive or senior manager roles","content":"#### 68M Non-executive employees and senior managers acting in senior executive or senior manager roles\n\n68M Non-executive employees and senior managers acting in senior executive or senior manager roles\n\n> > (1) The Transport Secretary may assign a Transport Service senior manager to act in the role of a Transport Service senior executive if—\n> > \n> > > (a) the person who is usually assigned to that other role is unavailable for any reason, or\n> > \n> > > (b) there is no person performing duties in that other role for the time being.\n> \n> > (2) The Transport Secretary may assign a Transport Service non-executive employee to act in the role of a Transport Service senior executive or senior manager if—\n> > \n> > > (a) the person who is usually assigned to that other role is unavailable for any reason, or\n> > \n> > > (b) there is no person performing duties in that other role for the time being.\n> \n> > (3) While assigned to act in the role of a Transport Service senior executive or senior manager the person has, subject to any determination by the Transport Secretary, all the functions of the executive or senior manager but does not thereby become a Transport Service senior executive or senior manager if not already such an executive or manager.\n> \n> > (4) An assignment to act in the role of a Transport Service senior executive or senior manager under this section may be terminated at any time by the Transport Secretary.\n> \n> > (5) This Part does not prevent the payment of an applicable allowance to a person when assigned to act in the role of a Transport Service senior executive or senior manager under this section.\n> \n> **s 68M:** Ins 2011 No 41, Sch 1 \\[27\\]. Rep 2014 No 33, Sch 3.32 \\[16\\]. Ins 2016 No 2, Sch 4 \\[1\\]. Am 2025 No 66, Sch 1\\[1\\].","sortOrder":223},{"sectionNumber":"68MA","sectionType":"section","heading":"Senior executive acting in senior executive role in higher band","content":"#### 68MA Senior executive acting in senior executive role in higher band\n\n68MA Senior executive acting in senior executive role in higher band\n\n> > (1) The Transport Secretary may assign a Transport Service senior executive to act in the role of a Transport Service senior executive in a higher band than the band in which the executive is employed if—\n> > \n> > > (a) the person who is usually assigned to the other role is unavailable for any reason, or\n> > \n> > > (b) there is no person performing duties in the other role for the time being.\n> \n> > (2) While assigned to act in the role of a Transport Service senior executive in the higher band, the person has, subject to any determination by the Transport Secretary, all the functions of the executive.\n> \n> > (3) An assignment to act in the role of a Transport Service senior executive under this section may be terminated at any time by the Transport Secretary.\n> \n> > (4) This section does not prevent the payment of an applicable allowance to a person when assigned to act in the role of a Transport Service senior executive under this section.\n> \n> **s 68MA:** Ins 2025 No 66, Sch 1\\[2\\].","sortOrder":224},{"sectionNumber":"68N","sectionType":"section","heading":"Senior executives and managers—termination of employment","content":"#### 68N Senior executives and managers—termination of employment\n\n68N Senior executives and managers—termination of employment\n\n> > (1) The Transport Secretary may terminate the employment of a Transport Service senior executive or senior manager at any time, for any or no stated reason and without notice.\n> > \n> > Note.\n> > \n> > The regulations also provide for the termination of the employment of members of the Transport Service senior executive on disciplinary grounds.\n> \n> > (2) A Transport Service senior executive or senior manager whose employment is terminated under this section is entitled to such compensation (if any) as may be provided in the contract of employment of the executive or manager (and to no other compensation or entitlement for the termination of employment other than superannuation entitlements).\n> \n> > (3) A Transport Service senior executive or senior manager whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.\n> \n> > (4) The regulations under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) may make provision relating to the calculation of the proportionate amount of a payment to be refunded under subsection (3).\n> \n> > (5) A Transport Service senior executive or senior manager whose employment is terminated under the provisions of the regulations under this Part (or other statutory provisions) relating to the termination of the employment of persons employed in the Transport Service in connection with disciplinary action is not entitled to compensation under this section. Those provisions do not apply to a termination of employment under this section.\n> \n> > (6) For the purposes of this section, employment of a former executive or manager in the public sector and public sector have the same meanings as in section 41 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> **ss 68N–68P:** Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":225},{"sectionNumber":"68O","sectionType":"section","heading":"Senior executives and managers—industrial or legal proceedings excluded","content":"#### 68O Senior executives and managers—industrial or legal proceedings excluded\n\n68O Senior executives and managers—industrial or legal proceedings excluded\n\n> > (1) The employment of a Transport Service senior executive or senior manager, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (2) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of a Transport Service senior executive or senior manager.\n> \n> > (3) Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of Transport Service senior executives or senior managers. This subsection does not prevent the provisions of any such industrial instrument being adopted by reference in the conditions of employment of any such executive or manager.\n> \n> > (4) No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017).\n> \n> > (5) In this section, a reference to the employment of a Transport Service senior executive or senior manager is a reference to—\n> > \n> > > (a) the engagement of, or failure to engage, a person as such an executive or manager, or\n> > \n> > > (b) the assignment or re-assignment of the executive or manager to a role in a band or a classification, or\n> > \n> > > (c) the removal, retirement, termination of employment or other cessation of employment of the executive or manager, or\n> > \n> > > (d) any disciplinary proceedings or action taken against the executive or manager, or\n> > \n> > > (e) the remuneration or other conditions of employment of the executive or manager.\n> \n> **ss 68N–68P:** Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":226},{"sectionNumber":"68P","sectionType":"section","heading":"Regulations relating to employees in the Transport Service","content":"#### 68P Regulations relating to employees in the Transport Service\n\n68P Regulations relating to employees in the Transport Service\n\n> > (1) The regulations may make provision for or with respect to the employment of persons in the Transport Service, including conditions of employment and disciplinary matters.\n> \n> > (2) Any such regulations have effect—\n> > \n> > > (a) despite any determination of the Transport Secretary under this Part, and\n> > \n> > > (b) except in the case of Transport Service senior executives or senior managers—subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Transport Secretary is a party.\n> \n> **ss 68N–68P:** Ins 2016 No 2, Sch 4 \\[1\\].","sortOrder":227},{"sectionNumber":"68Q","sectionType":"section","heading":"Miscellaneous provisions relating to the Transport Service","content":"#### 68Q Miscellaneous provisions relating to the Transport Service\n\n68Q Miscellaneous provisions relating to the Transport Service\n\n> > (1) Groups of staff The Transport Secretary may create groups (however described) of staff and designate persons employed in the Transport Service to any such group.\n> \n> > (2) Extended leave entitlements Persons employed in the Transport Service have the same entitlements to extended leave as Public Service employees under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (3) Retirement on medical grounds The Transport Secretary may retire a person employed in the Transport Service if—\n> > \n> > > (a) the employee is found to be unfit to perform or incapable of performing the duties of the person’s employment, and\n> > \n> > > (b) the employee’s unfitness or incapacity—\n> > > \n> > > > (i) appears likely to be of a permanent nature, and\n> > > \n> > > > (ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee’s control.\n> \n> > (4) Resignation of employment A person employed in the Transport Service may resign his or her employment by written notice to the Transport Secretary.\n> \n> > (5) Civil liability with respect to employees If—\n> > \n> > > (a) a person is employed in the Transport Service, and\n> > \n> > > (b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and\n> > \n> > > (c) TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains or Sydney Metro, or a public subsidiary corporation of any such transport authority, is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that it may incur in respect of that negligence or other tort,\n> > \n> > the Government is subrogated to the rights of TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains, Sydney Metro or the public subsidiary corporation under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.\n> \n> > (6) Operation of privacy legislation The persons employed in the Transport Service to enable TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains or Sydney Metro, or a public subsidiary corporation of any such transport authority, to exercise its functions are, for the purposes of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) and the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071), taken to be part of TfNSW, the State Transit Authority, NSW Motorways, TAM, NSW Trains, Sydney Trains, Sydney Metro or the public subsidiary corporation, as the case requires.\n> \n> > (7) Delegation of Transport Secretary’s functions under this Part The Transport Secretary may delegate any of the Transport Secretary’s functions under this Part (other than this power of delegation) to a person employed in the Transport Service or to a person employed in the Department of Transport.\n> \n> > (8) Delegation of Transport Secretary’s functions under GSE Act The power of the Transport Secretary under section 27 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to delegate a function referred to in that section extends to a delegation of the function to a person employed in the Transport Service.\n> \n> > (9) Acting Transport Secretary A person employed in the Transport Service may also be appointed to act as the Transport Secretary under section 24 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> \n> > (10) Construction of references relating to transport employees In this or any other Act, or in any instrument made under this or any other Act or in any other instrument of any kind, a reference to an officer or employee, or a member of staff, of—\n> > \n> > > (a) TfNSW or a public subsidiary corporation of TfNSW is to be read as a reference to a person employed in the Transport Service to enable TfNSW or the public subsidiary corporation to exercise its functions, or\n> > \n> > > (b) the State Transit Authority or a public subsidiary corporation of the Authority is to be read as a reference to a person employed in the Transport Service to enable the Authority or the public subsidiary corporation to exercise its functions, or\n> > \n> > > (c) TAM or a public subsidiary corporation of TAM is to be read as a reference to a person employed in the Transport Service to enable TAM, or the public subsidiary corporation, to exercise its functions, or\n> > \n> > > (d) NSW Motorways or a public subsidiary corporation of NSW Motorways must be read as a reference to a person employed in the Transport Service to enable NSW Motorways or the public subsidiary corporation to exercise its functions, or\n> > \n> > > (e) NSW Trains (or a public subsidiary corporation of NSW Trains) is to be read as a reference to a person employed in the Transport Service to enable NSW Trains (or the corporation) to exercise its functions, or\n> > \n> > > (f) Sydney Trains (or a public subsidiary corporation of Sydney Trains) is to be read as a reference to a person employed in the Transport Service to enable Sydney Trains (or the corporation) to exercise its functions, or\n> > \n> > > (f1) Sydney Metro (or a public subsidiary corporation of Sydney Metro) is to be read as a reference to a person employed in the Transport Service to enable Sydney Metro (or the corporation) to exercise its functions.\n> > \n> > > (g) (Repealed)\n> \n> **s 68Q:** Ins 2016 No 2, Sch 4 \\[1\\]. Am 2017 No 12, Schs 1.1\\[20\\]–\\[22\\], 2.1\\[14\\] \\[15\\]; 2018 No 18, Sch 1 \\[14\\] \\[15\\]; 2019 No 19, Sch 1\\[15\\] \\[16\\]; 2024 No 58, Sch 1.2\\[16\\] \\[17\\]; 2024 No 95, Sch 1\\[14\\] \\[15\\]; 2025 No 66, Sch 2.1\\[12\\]–\\[15\\].","sortOrder":228},{"sectionNumber":"Part 8","sectionType":"part","heading":"Financial provisions","content":"# Part 8 Financial provisions\n\nPart 8 Financial provisions","sortOrder":229},{"sectionNumber":"69","sectionType":"section","heading":"TAM Fund","content":"#### 69 TAM Fund\n\n69 TAM Fund\n\n> There is established in the Special Deposits Account a fund called the TAM Fund.\n> \n> **s 69:** Rep 2003 No 96, Sch 1 \\[39\\]. Ins 2008 No 98, Sch 1.1 \\[12\\]. Rep 2017 No 12, Sch 2.1\\[16\\]. Ins 2024 No 58, Sch 1.2\\[18\\].","sortOrder":231},{"sectionNumber":"70","sectionType":"section","heading":"Payments into TAM Fund","content":"#### 70 Payments into TAM Fund\n\n70 Payments into TAM Fund\n\n> The following must be paid into the TAM Fund—\n> \n> > (a) money received by or on account of TAM,\n> \n> > (b) money advanced to TAM by the Treasurer,\n> \n> > (c) money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to TAM by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of TAM,\n> \n> > (d) the proceeds of the investment of money in the Fund,\n> \n> > (e) other money required by or under this Act or another Act to be paid into the Fund.\n> \n> **s 70:** Am 1996 No 128, Sch 1 \\[9\\]; 2002 No 96, Sch 7.6 \\[4\\]. Rep 2003 No 96, Sch 1 \\[39\\]. Ins 2008 No 98, Sch 1.1 \\[12\\]. Am 2010 No 31, Sch 7.1 \\[26\\]; 2011 No 41, Sch 1 \\[28\\]; 2012 No 75, Sch 2.2; 2014 No 88, Sch 1.30. Rep 2017 No 12, Sch 2.1\\[16\\]. Ins 2024 No 58, Sch 1.2\\[18\\].","sortOrder":232},{"sectionNumber":"71","sectionType":"section","heading":"Payments from TAM Fund","content":"#### 71 Payments from TAM Fund\n\n71 Payments from TAM Fund\n\n> The following must be paid from the TAM Fund—\n> \n> > (a) payments made on account of TAM or otherwise required to meet expenditure incurred in relation to the functions of TAM,\n> \n> > (b) other payments required by or under this Act or another Act to be paid from the Fund.\n> \n> **s 71:** Rep 2003 No 96, Sch 1 \\[39\\]. Ins 2008 No 98, Sch 1.1 \\[12\\]. Rep 2017 No 12, Sch 2.1\\[16\\]. Ins 2024 No 58, Sch 1.2\\[18\\].","sortOrder":233},{"sectionNumber":"72","sectionType":"section","heading":null,"content":"#### 72\n\n72 (Repealed)","sortOrder":234},{"sectionNumber":"73","sectionType":"section","heading":"State Transit Authority Fund","content":"#### 73 State Transit Authority Fund\n\n73 State Transit Authority Fund\n\n> There shall be established in the Special Deposits Account in the Treasury a State Transit Authority Fund.","sortOrder":238},{"sectionNumber":"74","sectionType":"section","heading":"Payments into State Transit Authority Fund","content":"#### 74 Payments into State Transit Authority Fund\n\n74 Payments into State Transit Authority Fund\n\n> There shall be paid into the State Transit Authority Fund—\n> \n> > (a) all money received by or on account of the State Transit Authority, and\n> \n> > (b) all money advanced to the State Transit Authority by the Treasurer, and\n> \n> > (b1) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to the State Transit Authority by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of the State Transit Authority, and\n> \n> > (c) all fines and penalties recovered for offences under the regulations under section 104, or under the regulations under section 63 of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039) in connection with bus services or Newcastle ferry services operated by the State Transit Authority (but only if proceedings or penalty notices for the offences were instituted or issued by that Authority or an employee of that Authority), and\n> \n> > (d) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> **s 74:** Am 1996 No 128, Sch 1 \\[10\\]; 2003 No 99, Sch 1 \\[10\\]; 2010 No 31, Sch 7.1 \\[27\\]; 2011 No 41, Sch 1 \\[30\\].","sortOrder":239},{"sectionNumber":"75","sectionType":"section","heading":"Payments from State Transit Authority Fund","content":"#### 75 Payments from State Transit Authority Fund\n\n75 Payments from State Transit Authority Fund\n\n> There shall be paid from the State Transit Authority Fund—\n> \n> > (a) all payments made on account of the State Transit Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.","sortOrder":240},{"sectionNumber":"76","sectionType":"section","heading":"Payment of dividend to Treasurer","content":"#### 76 Payment of dividend to Treasurer\n\n76 Payment of dividend to Treasurer\n\n> > (1) The State Transit Authority shall pay to the Treasurer, out of any surplus for a financial year, such dividend as the Minister determines.\n> \n> > (2) The Minister shall not make a determination under this section unless—\n> > \n> > > (a) the Minister has had regard to the advice of the State Transit Authority on the financial affairs of the Authority and any recommendation with respect to the determination, and\n> > \n> > > (b) the Treasurer approves of the determination.","sortOrder":241},{"sectionNumber":"76A","sectionType":"section","heading":null,"content":"#### 76A\n\n76A–76C (Repealed)","sortOrder":243},{"sectionNumber":"77","sectionType":"section","heading":"TfNSW Fund","content":"#### 77 TfNSW Fund\n\n77 TfNSW Fund\n\n> There is established in the Special Deposits Account a fund called the Transport for NSW Fund (the TfNSW Fund).\n> \n> **s 77:** Subst 2011 No 41, Sch 1 \\[33\\]; 2019 No 19, Sch 1\\[19\\].","sortOrder":246},{"sectionNumber":"78","sectionType":"section","heading":"Payments into TfNSW Fund","content":"#### 78 Payments into TfNSW Fund\n\n78 Payments into TfNSW Fund\n\n> > (1) There shall be paid into the TfNSW Fund—\n> > \n> > > (a) all money—\n> > > \n> > > > (i) advanced to TfNSW by the Treasurer, or\n> > > \n> > > > (ii) appropriated by Parliament for the purposes of TfNSW,\n> > > \n> > > > (iii) (Repealed)\n> > > \n> > > but excluding money advanced or appropriated for such non-capital expenditure as may be prescribed by the regulations, and\n> > \n> > > (b) all money received by or on account of TfNSW, except—\n> > > \n> > > > (i) any tax paid under the [Motor Vehicles Taxation Act 1988](/view/html/inforce/current/act-1988-111), and\n> > > \n> > > > (ii) any registration charges or administration fees paid under Schedule 2 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) or any other fees or charges prescribed under that Act in connection with vehicle registration, and\n> > > \n> > > > (iii) any fees paid under the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) in connection with driver licensing, and\n> > > \n> > > > (iv) any fees or charges prescribed under the [Driving Instructors Act 1992](/view/html/inforce/current/act-1992-003) or the [Recreation Vehicles Act 1983](/view/html/inforce/current/act-1983-136), and\n> > > \n> > > > (v) (Repealed)\n> > > \n> > > > (vi) any money excluded from paragraph (a), and\n> > > \n> > > > (vii) any money excluded from this paragraph by the regulations, and\n> > \n> > > (c) all money borrowed under Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) or any other Act, and\n> > \n> > > (d) interest paid by the Treasurer, at the rate agreed by the Treasurer and TfNSW, on the monthly balance of the Fund, and\n> > \n> > > (e) (Repealed)\n> > \n> > > (f) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> > (2) Regulations shall not be made under this section without the concurrence of the Treasurer.\n> \n> **s 78:** Am 1991 No 24, Sch 3; 1995 No 73, Sch 4 \\[2\\]; 1998 No 26, Sch 2.8; 1998 No 99, Sch 1.14 \\[2\\]; 1998 No 111, Sch 3.6; 1999 No 85, Sch 2.71; 2007 No 54, Sch 2.6 \\[2\\]; 2009 No 75, Sch 2.7 \\[2\\]; 2010 No 31, Sch 7.1 \\[28\\]; 2011 No 41, Sch 1 \\[7\\] \\[34\\] \\[35\\]; 2013 No 19, Sch 4.78 \\[3\\]; 2017 No 22, Sch 1.24 \\[2\\]; 2018 No 70, Sch 3.61; 2019 No 19, Sch 1\\[20\\] \\[21\\].","sortOrder":247},{"sectionNumber":"79","sectionType":"section","heading":"Payments from TfNSW Fund","content":"#### 79 Payments from TfNSW Fund\n\n79 Payments from TfNSW Fund\n\n> > (1) There shall be paid from the TfNSW Fund—\n> > \n> > > (a) all payments made on account of TfNSW or otherwise required to meet expenditure incurred in relation to the functions of TfNSW, and\n> > \n> > > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> > (2) Payments for any non-capital expenditure that is prescribed by the regulations under section 78(1)(a) are not to be paid from the TfNSW Fund.\n> \n> **s 79:** Am 2011 No 41, Sch 1 \\[34\\] \\[36\\] \\[37\\]; 2019 No 19, Sch 1\\[20\\].","sortOrder":248},{"sectionNumber":"80","sectionType":"section","heading":"Expenditure on certain State works","content":"#### 80 Expenditure on certain State works\n\n80 Expenditure on certain State works\n\n> > (1) Money in the TfNSW Fund may not be used for the construction or maintenance of a State work unless it is money provided for the purpose by Parliament.\n> \n> > (2) In this section, State work means a State work within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), but does not include a road or work deemed by section 4 (5) of the former [State Roads Act 1986](/view/pdf/asmade/act-1986-85) to be a State work.\n> \n> **s 80:** Am 1993 No 33, Sch 1; 2011 No 41, Sch 1 \\[34\\]; 2019 No 19, Sch 1\\[20\\].","sortOrder":249},{"sectionNumber":"80A","sectionType":"section","heading":"Payments of subsidies to councils for traffic route lighting","content":"#### 80A Payments of subsidies to councils for traffic route lighting\n\n80A Payments of subsidies to councils for traffic route lighting\n\n> > (1) TfNSW may, with the approval of the Minister, grant annual subsidies to councils for the lighting, to a standard approved by TfNSW, of traffic routes.\n> \n> > (2) Before granting any such subsidy TfNSW may require a council to enter into an agreement with TfNSW to secure the carrying out of the purposes for which, and the terms and conditions on and subject to which, the subsidy is granted.\n> \n> **s 80A:** Ins 1999 No 19, Sch 2.49 \\[6\\]. Am 2011 No 41, Sch 1 \\[21\\]; 2019 No 19, Sch 1\\[20\\].","sortOrder":250},{"sectionNumber":"80B","sectionType":"section","heading":"TfNSW to make available money for subsidies","content":"#### 80B TfNSW to make available money for subsidies\n\n80B TfNSW to make available money for subsidies\n\n> > (1) In the period of 12 months commencing on 1 July each year, TfNSW must make available the amount of subsidies that the Minister with the concurrence of the Treasurer estimates will be granted to councils under this Part in that period of 12 months.\n> \n> > (2) The Minister, before the commencement of each period of 12 months referred to in subsection (1), is to serve a notice on TfNSW specifying the amount of the payment required.\n> \n> > (3) An amount payable under this section in any period of 12 months is to be paid in such sum or sums, at such time or times during that period and in such manner as the Minister may require in and by the notice referred to in subsection (2).\n> \n> > (4) TfNSW may make the whole or any part of a payment required by this section out of the TfNSW Fund.\n> \n> **s 80B:** Ins 1999 No 19, Sch 2.49 \\[6\\]. Am 2011 No 41, Sch 1 \\[21\\] \\[34\\]; 2019 No 19, Sch 1\\[20\\].","sortOrder":251},{"sectionNumber":"80C","sectionType":"section","heading":"Payments of subsidies to electricity distributors for removal or relocation of electricity structures","content":"#### 80C Payments of subsidies to electricity distributors for removal or relocation of electricity structures\n\n80C Payments of subsidies to electricity distributors for removal or relocation of electricity structures\n\n> > (1) TfNSW may, with the approval of the Minister, grant subsidies to an electricity distributor for or towards the cost of removing or relocating electricity structures erected, within the distribution district of the distributor, on or adjacent to public roads, being electricity structures which TfNSW has determined require removal or relocation for the purposes of traffic safety.\n> \n> > (2) Before granting any such subsidy, TfNSW may require an electricity distributor referred to in subsection (1) to enter into an agreement with TfNSW to secure the carrying out of the purposes for which, and the terms and conditions upon and subject to which, the subsidy is granted.\n> \n> > (3) In this section, electricity distributor means a distributor under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> \n> **s 80C:** Ins 1999 No 19, Sch 2.49 \\[6\\]. Am 2000 No 109, Sch 2.7 \\[5\\] \\[6\\]; 2011 No 41, Sch 1 \\[21\\]; 2015 No 5, Sch 8.30 \\[1\\]–\\[3\\]; 2019 No 19, Sch 1\\[20\\].","sortOrder":252},{"sectionNumber":"80D","sectionType":"section","heading":"Sydney Ferries Fund","content":"#### 80D Sydney Ferries Fund\n\n80D Sydney Ferries Fund\n\n> There is established in the Special Deposits Account a fund called the Sydney Ferries Fund.\n> \n> **s 80D:** Ins 2008 No 98, Sch 3.1 \\[11\\].","sortOrder":254},{"sectionNumber":"80E","sectionType":"section","heading":"Payments into Sydney Ferries Fund","content":"#### 80E Payments into Sydney Ferries Fund\n\n80E Payments into Sydney Ferries Fund\n\n> There is to be paid into the Sydney Ferries Fund—\n> \n> > (a) all money received by or on account of Sydney Ferries, and\n> \n> > (b) all money advanced to Sydney Ferries by the Treasurer, and\n> \n> > (c) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to Sydney Ferries by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of Sydney Ferries, and\n> \n> > (d) all fines and penalties recovered for offences under the regulations under section 104, or under section 63 of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), in connection with ferry services operated by Sydney Ferries (but only if proceedings or penalty notices for the offences were instituted or issued by Sydney Ferries or an employee of Sydney Ferries), and\n> \n> > (e) the proceeds of the investment of money in the Fund, and\n> \n> > (f) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> **s 80E:** Ins 2008 No 98, Sch 3.1 \\[11\\]. Am 2010 No 31, Sch 7.1 \\[29\\]; 2011 No 41, Sch 1 \\[38\\].","sortOrder":255},{"sectionNumber":"80F","sectionType":"section","heading":"Payments from Sydney Ferries Fund","content":"#### 80F Payments from Sydney Ferries Fund\n\n80F Payments from Sydney Ferries Fund\n\n> There is to be paid from the Sydney Ferries Fund—\n> \n> > (a) all payments made on account of Sydney Ferries or otherwise required to meet expenditure incurred in relation to the functions of Sydney Ferries, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **s 80F:** Ins 2008 No 98, Sch 3.1 \\[11\\].","sortOrder":256},{"sectionNumber":"Division 3AA","sectionType":"division","heading":"Financial provisions relating to Sydney Trains","content":"## Division 3AA Financial provisions relating to Sydney Trains\n\nDivision 3AA Financial provisions relating to Sydney Trains\n\n**pt 8, div 3AA:** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":257},{"sectionNumber":"80FA","sectionType":"section","heading":"Sydney Trains Fund","content":"#### 80FA Sydney Trains Fund\n\n80FA Sydney Trains Fund\n\n> There is established in the Special Deposits Account a fund called the Sydney Trains Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":258},{"sectionNumber":"80FB","sectionType":"section","heading":"Payments into Sydney Trains Fund","content":"#### 80FB Payments into Sydney Trains Fund\n\n80FB Payments into Sydney Trains Fund\n\n> There is to be paid into the Sydney Trains Fund—\n> \n> > (a) all money received by or on account of Sydney Trains, and\n> \n> > (b) all money advanced to Sydney Trains by the Treasurer, and\n> \n> > (c) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to Sydney Trains by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of Sydney Trains, and\n> \n> > (d) all fines and penalties recovered for offences under the regulations under the Act, or under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039) or the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046), in connection with services operated by Sydney Trains (but only if proceedings or penalty notices for the offences were instituted or issued by Sydney Trains or an employee of Sydney Trains), and\n> \n> > (e) the proceeds of the investment of money in the Fund, and\n> \n> > (f) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":259},{"sectionNumber":"80FC","sectionType":"section","heading":"Payments from Sydney Trains Fund","content":"#### 80FC Payments from Sydney Trains Fund\n\n80FC Payments from Sydney Trains Fund\n\n> There is to be paid from the Sydney Trains Fund—\n> \n> > (a) all payments made on account of Sydney Trains or otherwise required to meet expenditure incurred in relation to the functions of Sydney Trains, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":260},{"sectionNumber":"Division 3AB","sectionType":"division","heading":"Financial provisions relating to NSW Trains","content":"## Division 3AB Financial provisions relating to NSW Trains\n\nDivision 3AB Financial provisions relating to NSW Trains\n\n**pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":261},{"sectionNumber":"80FD","sectionType":"section","heading":"NSW Trains Fund","content":"#### 80FD NSW Trains Fund\n\n80FD NSW Trains Fund\n\n> There is established in the Special Deposits Account a fund called the NSW Trains Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":262},{"sectionNumber":"80FE","sectionType":"section","heading":"Payments into NSW Trains Fund","content":"#### 80FE Payments into NSW Trains Fund\n\n80FE Payments into NSW Trains Fund\n\n> There is to be paid into the NSW Trains Fund—\n> \n> > (a) all money received by or on account of NSW Trains, and\n> \n> > (b) all money advanced to NSW Trains by the Treasurer, and\n> \n> > (c) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to NSW Trains by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of NSW Trains, and\n> \n> > (d) the proceeds of the investment of money in the Fund, and\n> \n> > (e) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":263},{"sectionNumber":"80FF","sectionType":"section","heading":"Payments from NSW Trains Fund","content":"#### 80FF Payments from NSW Trains Fund\n\n80FF Payments from NSW Trains Fund\n\n> There is to be paid from the NSW Trains Fund—\n> \n> > (a) all payments made on account of NSW Trains or otherwise required to meet expenditure incurred in relation to the functions of NSW Trains, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **pt 8, div 3AB (ss 80FA–80FF):** Ins 2017 No 12, Sch 1.1 \\[23\\].","sortOrder":264},{"sectionNumber":"Division 3AC","sectionType":"division","heading":"Financial provisions relating to Sydney Metro","content":"## Division 3AC Financial provisions relating to Sydney Metro\n\nDivision 3AC Financial provisions relating to Sydney Metro\n\n**pt 8, div 3AC (ss 80FG–80FI):** Ins 2018 No 18, Sch 1 \\[16\\].","sortOrder":265},{"sectionNumber":"80FG","sectionType":"section","heading":"Sydney Metro Fund","content":"#### 80FG Sydney Metro Fund\n\n80FG Sydney Metro Fund\n\n> There is established in the Special Deposits Account a fund called the Sydney Metro Fund.\n> \n> **pt 8, div 3AC (ss 80FG–80FI):** Ins 2018 No 18, Sch 1 \\[16\\].","sortOrder":266},{"sectionNumber":"80FH","sectionType":"section","heading":"Payments into Sydney Metro Fund","content":"#### 80FH Payments into Sydney Metro Fund\n\n80FH Payments into Sydney Metro Fund\n\n> There is to be paid into the Sydney Metro Fund—\n> \n> > (a) all money received by or on account of Sydney Metro, and\n> \n> > (b) all money advanced to Sydney Metro by the Treasurer, and\n> \n> > (c) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to Sydney Metro by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of Sydney Metro, and\n> \n> > (d) the proceeds of the investment of money in the Fund, and\n> \n> > (e) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> **pt 8, div 3AC (ss 80FG–80FI):** Ins 2018 No 18, Sch 1 \\[16\\].","sortOrder":267},{"sectionNumber":"80FI","sectionType":"section","heading":"Payments from Sydney Metro Fund","content":"#### 80FI Payments from Sydney Metro Fund\n\n80FI Payments from Sydney Metro Fund\n\n> There is to be paid from the Sydney Metro Fund—\n> \n> > (a) all payments made on account of Sydney Metro or otherwise required to meet expenditure incurred in relation to the functions of Sydney Metro, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **pt 8, div 3AC (ss 80FG–80FI):** Ins 2018 No 18, Sch 1 \\[16\\].","sortOrder":268},{"sectionNumber":"Division 3AD","sectionType":"division","heading":"Financial provisions relating to NSW Motorways","content":"## Division 3AD Financial provisions relating to NSW Motorways\n\nDivision 3AD Financial provisions relating to NSW Motorways\n\n**pt 8, div 3AD:** Ins 2024 No 95, Sch 1\\[16\\].","sortOrder":269},{"sectionNumber":"80FJ","sectionType":"section","heading":"NSW Motorways Fund","content":"#### 80FJ NSW Motorways Fund\n\n80FJ NSW Motorways Fund\n\n> A fund called the NSW Motorways Fund is established in the Special Deposits Account.\n> \n> **s 80FJ:** Ins 2024 No 95, Sch 1\\[16\\].","sortOrder":270},{"sectionNumber":"80FK","sectionType":"section","heading":"Payments into NSW Motorways Fund","content":"#### 80FK Payments into NSW Motorways Fund\n\n80FK Payments into NSW Motorways Fund\n\n> The following must be paid into the NSW Motorways Fund—\n> \n> > (a) all money received by or on account of NSW Motorways,\n> \n> > (b) all money advanced to NSW Motorways by the Treasurer,\n> \n> > (c) all money—\n> > \n> > > (i) appropriated by Parliament for the purposes of TfNSW and allocated to NSW Motorways by TfNSW, or\n> > \n> > > (ii) otherwise appropriated by Parliament for the purposes of NSW Motorways,\n> \n> > (d) the proceeds of the investment of money in the Fund,\n> \n> > (e) all other money required by or under this Act or another Act to be paid into the Fund.\n> \n> **s 80FK:** Ins 2024 No 95, Sch 1\\[16\\].","sortOrder":271},{"sectionNumber":"80FL","sectionType":"section","heading":"Payments from NSW Motorways Fund","content":"#### 80FL Payments from NSW Motorways Fund\n\n80FL Payments from NSW Motorways Fund\n\n> The following must be paid from the NSW Motorways Fund—\n> \n> > (a) all payments made on account of NSW Motorways or otherwise required to meet expenditure incurred in relation to the functions of NSW Motorways,\n> \n> > (b) all other payments required by or under this Act or another Act to be paid from the Fund.\n> \n> **s 80FL:** Ins 2024 No 95, Sch 1\\[16\\].","sortOrder":272},{"sectionNumber":"80G","sectionType":"section","heading":"Community Road Safety Fund","content":"#### 80G Community Road Safety Fund\n\n80G Community Road Safety Fund\n\n> > (1) There is established in the Special Deposits Account a fund called the Community Road Safety Fund.\n> \n> > (2) The Fund is to be administered by TfNSW.\n> \n> **s 80G:** Ins 2010 No 31, Sch 3.1 \\[6\\]. Rep 2011 No 41, Sch 4.1 \\[10\\]. Ins 2012 No 70, Sch 1 \\[1\\].","sortOrder":274},{"sectionNumber":"80H","sectionType":"section","heading":"Payments into Community Road Safety Fund","content":"#### 80H Payments into Community Road Safety Fund\n\n80H Payments into Community Road Safety Fund\n\n> > (1) There is to be paid into the Community Road Safety Fund—\n> > \n> > > (a) all fines and penalties recovered for camera recorded speeding offences, camera recorded traffic light offences and other speeding and traffic light offences of a kind prescribed by the regulations, and\n> > \n> > > (a1) all fines and penalties recovered for camera recorded mobile phone use offences, and\n> > \n> > > (a2) all fines and penalties recovered for camera recorded seatbelt offences, and\n> > \n> > > (b) the proceeds of the investment of money in the Fund, and\n> > \n> > > (c) all other money required by or under this or any other Act to be paid into the Fund.\n> \n> > (2) There is also to be paid into the Fund from the TfNSW Fund such money as TfNSW determines is required to meet expenditure incurred in relation to the road safety functions of TfNSW.\n> \n> > (3) A regulation cannot be made for the purposes of subsection (1)(a) without the concurrence of the Treasurer.\n> \n> > (4) In this section—\n> > \n> > camera recorded mobile phone use offence means a mobile phone use offence (within the meaning of Division 5 of Part 5.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device (within the meaning of Division 2 of Part 7.3 of that Act) for the offence.\n> > \n> > camera recorded seatbelt offence means a seatbelt offence, within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), Part 5.3, Division 5, in relation to which the penalty notice or the court attendance notice indicates the offence was detected by the appropriate approved traffic enforcement device for the offence, within the meaning of that Act, Part 7.3, Division 2.\n> > \n> > camera recorded speeding offence means—\n> > \n> > > (a) an average speed detected offence within the meaning of Division 2 of Part 7.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), and\n> > \n> > > (b) a speeding offence (other than an average speed detected offence) in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device (within the meaning of Division 2 of Part 7.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) for the offence.\n> > \n> > camera recorded traffic light offence means a traffic light offence (within the meaning of Division 5 of Part 5.3 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device (within the meaning of Division 2 of Part 7.3 of that Act) for the offence.\n> \n> **s 80H:** Ins 2010 No 31, Sch 3.1 \\[6\\]. Am 2011 No 41, Sch 1 \\[39\\]. Rep 2011 No 41, Sch 4.1 \\[10\\]. Ins 2012 No 70, Sch 1 \\[1\\]. Am 2013 No 19, Sch 4.78 \\[4\\]; 2018 No 15, Sch 2.2 \\[1\\] \\[2\\]; 2023 No 51, Sch 2\\[1\\] \\[2\\].","sortOrder":275},{"sectionNumber":"80I","sectionType":"section","heading":"Payments from Community Road Safety Fund","content":"#### 80I Payments from Community Road Safety Fund\n\n80I Payments from Community Road Safety Fund\n\n> There is to be paid from the Community Road Safety Fund—\n> \n> > (a) all payments required to meet expenditure incurred in relation to the road safety functions of TfNSW, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.\n> \n> **s 80I:** Ins 2010 No 31, Sch 3.1 \\[6\\]. Rep 2011 No 41, Sch 4.1 \\[10\\]. Ins 2012 No 70, Sch 1 \\[1\\].","sortOrder":276},{"sectionNumber":"80J","sectionType":"section","heading":"Meaning of “road safety functions” of TfNSW","content":"#### 80J Meaning of “road safety functions” of TfNSW\n\n80J Meaning of “road safety functions” of TfNSW\n\n> For the purposes of this Division, the road safety functions of TfNSW are—\n> \n> > (a) conducting testing, research and investigations in connection with promoting or improving road safety, and\n> \n> > (b) developing and implementing programs (including capital and recurrent works programs), projects, strategies and campaigns for promoting or improving road safety, and\n> \n> > (c) providing advice and assistance to public and local authorities for the promotion or improvement of road safety, and\n> \n> > (d) such other functions relating to road safety as are prescribed by the regulations.\n> \n> **s 80J:** Ins 2012 No 70, Sch 1 \\[1\\].","sortOrder":277},{"sectionNumber":"81A","sectionType":"section","heading":"Definition","content":"#### 81A Definition\n\n81A Definition\n\n> In this Division—\n> \n> Authority means any of the following—\n> \n> > (a) TAM,\n> \n> > (a1) TfNSW,\n> \n> > (b) (Repealed)\n> \n> > (c) State Transit Authority,\n> \n> > (d) Sydney Ferries,\n> \n> > (e) NSW Trains,\n> \n> > (f) Sydney Trains,\n> \n> > (f1) NSW Motorways,\n> \n> > (g) (Repealed)\n> \n> > (h) Sydney Metro.\n> \n> **s 81A:** Ins 2010 No 31, Sch 7.1 \\[30\\]. Am 2011 No 41, Schs 1 \\[7\\] \\[40\\], 3.1 \\[12\\], 4.1 \\[11\\]; 2012 No 95, Sch 2.39 \\[4\\]; 2017 No 12, Schs 1.1\\[24\\], 2.1\\[17\\]; 2018 No 18, Sch 1 \\[17\\]; 2019 No 19, Sch 1\\[22\\]; 2024 No 58, Sch 1.2\\[19\\]; 2024 No 95, Sch 1\\[17\\]; 2025 No 66, Sch 2.1\\[16\\].","sortOrder":279},{"sectionNumber":"81","sectionType":"section","heading":"Financial duties of the Authorities","content":"#### 81 Financial duties of the Authorities\n\n81 Financial duties of the Authorities\n\n> > (1) It is the duty of each Authority, in the exercise of its functions, to operate as efficiently and economically as possible and, in particular—\n> > \n> > > (a) to exercise efficiency and economy in incurring expenditure, and\n> > \n> > > (b) to manage its financial affairs in such a manner as not to incur commitments involving expenditure beyond levels that can be met from the expected financial resources of the Authority.\n> \n> > (2) It is the duty of each Authority to submit to the Treasurer, in such manner and at such times as the Treasurer specifies—\n> > \n> > > (a) detailed estimates of its revenue from all sources and its expenditure proposed for any period specified by the Treasurer, and\n> > \n> > > (b) such other information relating to the financial affairs of the Authority as the Treasurer requests.","sortOrder":280},{"sectionNumber":"82","sectionType":"section","heading":"Financial year","content":"#### 82 Financial year\n\n82 Financial year\n\n> > (1) The financial year of each Authority is the year commencing on 1 July.\n> \n> > (2) However, the financial year of an Authority is to be the annual reporting period (if any) for the Authority if the Treasurer has made a determination under section 2.10 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) for that period to be different from the period referred to in subsection (1).\n> \n> **s 82:** Am 2018 No 70, Sch 4.105\\[2\\].","sortOrder":281},{"sectionNumber":"83","sectionType":"section","heading":null,"content":"#### 83\n\n83 (Repealed)","sortOrder":282},{"sectionNumber":"84","sectionType":"section","heading":"Definitions","content":"#### 84 Definitions\n\n84 Definitions\n\n> In this Division—\n> \n> Authority means the State Transit Authority, Sydney Ferries, Sydney Metro, Sydney Trains, or NSW Trains.\n> \n> charges includes fares, tolls, commissions and demurrage.\n> \n> **s 84:** Am 2003 No 96, Sch 1 \\[42\\]; 2003 No 99, Sch 1 \\[12\\]; 2017 No 12, Schs 1.1\\[26\\], 2.1\\[19\\]; 2018 No 18, Sch 1 \\[19\\].","sortOrder":285},{"sectionNumber":"85","sectionType":"section","heading":"Orders fixing charges","content":"#### 85 Orders fixing charges\n\n85 Orders fixing charges\n\n> > (1) (Repealed)\n> \n> > (2) The charges to be demanded by the State Transit Authority in respect of its bus or ferry services or for any other purpose shall be as from time to time determined by order made by the Authority.\n> \n> > (2A) The charges to be demanded by Sydney Ferries in respect of its ferry services or for any other purpose are to be as from time to time determined by order made by Sydney Ferries.\n> \n> > (2B) The charges to be demanded by Sydney Trains in respect of its railway passenger services or other transport services or for any other purpose are to be as from time to time determined by order made by Sydney Trains.\n> \n> > (2C) The charges to be demanded by NSW Trains in respect of its railway passenger services or other transport services or for any other purpose are to be as from time to time determined by order made by NSW Trains.\n> \n> > (2D) The charges to be demanded by Sydney Metro in respect of its metro passenger services or other transport services or for any other purpose are to be as from time to time determined by order made by Sydney Metro.\n> \n> > (3) Sydney Metro, Sydney Trains and NSW Trains may make orders from time to time, not inconsistent with this Act or the regulations, for or with respect to determining the terms and conditions—\n> > \n> > > (a) on which passengers shall be carried, and\n> > \n> > > (b) on which passengers’ luggage and freight shall be collected, received, kept, carried or delivered.\n> \n> > (4) Nothing in this section prevents an Authority from—\n> > \n> > > (a) charging an agreed or other reasonable amount for any service or for any other purpose if the amount of the charge is not determined by an order under this Division, or\n> > \n> > > (b) making or entering into contracts or arrangements for any service or any other purpose for which the charge is lower than that determined by the relevant order under this Division.\n> \n> > (5) An order under this Division is void in respect of services for which the charges are for the time being fixed differently under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> **s 85:** Am 1990 No 39, Sch 4; 2003 No 96, Sch 1 \\[43\\]–\\[45\\]; 2003 No 99, Sch 1 \\[13\\]; 2017 No 12, Schs 1.1\\[27\\] \\[28\\], 2.1\\[20\\] \\[21\\]; 2018 No 18, Sch 1 \\[20\\] \\[21\\].","sortOrder":286},{"sectionNumber":"86","sectionType":"section","heading":"Ministerial supervision of orders fixing charges","content":"#### 86 Ministerial supervision of orders fixing charges\n\n86 Ministerial supervision of orders fixing charges\n\n> > (1) An Authority must, before any general adjustment to their charges for passenger services, notify the Minister of the proposed adjustment and provide the Minister with details of the factors taken into account in proposing that adjustment.\n> \n> > (2) When making an order determining the charges for passenger services, an Authority must have regard to any pricing policies approved by the Minister and notified to the Authority.\n> \n> > (3) Unless otherwise directed by the Minister under this Act, an Authority is not bound by any such pricing policy.\n> \n> **s 86:** Am 1996 No 56, Sch 1 \\[35\\]; 2003 No 96, Sch 1 \\[46\\]–\\[48\\]; 2008 No 98, Schs 1.1 \\[13\\], 3.1 \\[12\\].","sortOrder":287},{"sectionNumber":"87","sectionType":"section","heading":"General provisions relating to orders fixing charges","content":"#### 87 General provisions relating to orders fixing charges\n\n87 General provisions relating to orders fixing charges\n\n> > (1) An order under this Division may—\n> > \n> > > (a) adopt and incorporate by reference the whole or any part of a handbook, pamphlet or other document issued by an Authority, and\n> > \n> > > (b) make provision for concessions and rebates, and\n> > \n> > > (c) apply generally or be limited in its application by reference to specified exceptions or factors or apply differently according to different factors of a specified kind.\n> \n> > (2) An order under this Division shall be published in the Gazette and shall take effect on the date of publication of the order or a later date specified in the order.\n> \n> > (3) Orders may be made under this Division providing for the issue of tickets for use in connection with more than one service.\n> \n> > (4) Orders may be made by an Authority under this Division providing for the acceptance by the Authority of tickets issued by the other Authority or other persons or organisations.\n> \n> > (5) If an order under this section adopts and incorporates by reference the whole or part of a handbook, pamphlet or other document issued by an Authority—\n> > \n> > > (a) the contents of the handbook, pamphlet or other document may be proved in any court by production of a document certified under the seal of the Authority to be a true copy of the handbook, pamphlet or other document, and\n> > \n> > > (b) subsection (2) does not require the publication in the Gazette of the handbook, pamphlet or other document or part of it, and\n> > \n> > > (c) the Authority shall, on application made to it by any person and payment of the prescribed fee, if any, furnish to the person a copy of the handbook, pamphlet or other document, or part of it, as the case may require.\n> \n> > (6) Judicial notice shall be taken of every order made, or purporting to have been made, and published in the Gazette under this Division and of the date of its publication.","sortOrder":288},{"sectionNumber":"88","sectionType":"section","heading":"Free or subsidised railway, bus or ferry travel","content":"#### 88 Free or subsidised railway, bus or ferry travel\n\n88 Free or subsidised railway, bus or ferry travel\n\n> > (1) The Minister may determine the classes of persons who are entitled to be issued with a free travel pass or a concessional travel pass by an Authority.\n> \n> > (2) Any person who holds a free travel pass or a concessional travel pass is entitled to travel free or to the benefit of the concession (as the case requires) on all services to which the pass applies.\n> \n> > (3) Subject to any determination by the Minister, the relevant Authority may determine the conditions for the issue, cancellation and use of free travel passes and concessional travel passes.\n> \n> > (3A) If the regulations so provide, persons of a class prescribed by the regulations are not entitled to be issued with a free travel pass or a concessional travel pass under this section. This subsection applies despite any determination or direction of the Minister or of an Authority or the [Anti-Discrimination Act 1977](/view/html/inforce/current/act-1977-048).\n> \n> > (4) An Authority may allow a person who is entitled to a pass under this section to travel free or to receive the concession (as the case requires) without the necessity of being issued with the pass.\n> \n> > (5) An Authority is not required to issue passes under this section in accordance with a determination of the Minister if the amount of expenditure that the Authority incurs or the amount of the revenue forgone by the Authority is not reimbursed by payments under section 104EA, unless required to do so by a direction of the Minister under this Act.\n> \n> **s 88:** Am 1990 No 46, Sch 1; 2003 No 96, Sch 1 \\[48\\] \\[49\\]; 2006 No 65, Sch 1 \\[2\\]; 2008 No 98, Schs 1.1 \\[14\\], 3.1 \\[13\\]; 2010 No 31, Sch 7.1 \\[31\\].","sortOrder":289},{"sectionNumber":"Part 8A","sectionType":"part","heading":"ARTC arrangements","content":"# Part 8A ARTC arrangements\n\nPart 8A ARTC arrangements\n\n**pt 8A:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":290},{"sectionNumber":"88A","sectionType":"section","heading":"Definitions","content":"#### 88A Definitions\n\n88A Definitions\n\n> In this Part—\n> \n> freight line means a railway line that is part of the NSW rail network and that is predominantly used for freight services or freight services and passenger services on non-electrified railway lines.\n> \n> lease includes sub-lease and an agreement to lease or sub-lease.\n> \n> licence includes sub-licence and an agreement to license or sub-license.\n> \n> linear continuity of railway lines means the continuity and availability of the railway lines for rail operations.\n> \n> member of staff of a rail authority means any person employed by a rail authority (whether as a permanent or temporary employee or a casual employee).\n> \n> rail authority means TAM, TfNSW, Sydney Metro, NSW Trains, Sydney Trains or any other person or body prescribed by the regulations.\n> \n> rail infrastructure facilities includes disused stations, disused platforms, rolling stock maintenance facilities, freight centres or depots, works and maintenance depots and storage yards.\n> \n> related body corporate has the same meaning as it has in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> station facilities means stations, platforms and associated access works, but does not include disused stations or disused platforms or their associated access works.\n> \n> **s 88A:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2007 No 22, Sch 4 \\[2\\]; 2010 No 31, Sch 2.1 \\[1\\]; 2011 No 41, Schs 3.1 \\[13\\], 4.1 \\[12\\]; 2017 No 12, Schs 1.1\\[29\\], 2.1\\[22\\]; 2018 No 18, Sch 1 \\[22\\]; 2024 No 58, Sch 1.2\\[20\\].","sortOrder":292},{"sectionNumber":"88B","sectionType":"section","heading":"Lease or licence of land and rail infrastructure facilities","content":"#### 88B Lease or licence of land and rail infrastructure facilities\n\n88B Lease or licence of land and rail infrastructure facilities\n\n> > (1) A rail authority may, with the approval of the Minister, lease to ARTC, or grant a licence to ARTC with respect to, the whole or any part of the following—\n> > \n> > > (a) land (and all or any related rail infrastructure facilities) used for, or relating to, freight lines or proposed freight lines,\n> > \n> > > (b) land providing access to any such land or rail infrastructure facilities,\n> > \n> > > (c) such additional land (and all or any related rail infrastructure facilities) as ARTC may request, and that is required in connection with rail operations.\n> \n> > (2) Rail infrastructure facilities may be leased or licensed to ARTC by a rail authority under this section even though the facilities are situated on land that is not otherwise subject to such a lease or licence.\n> \n> > (3) A rail authority may, with the approval of the Minister, enter into a lease, licence, agreement or other arrangement with ARTC for the carrying out of development by or on behalf of ARTC for the purposes of constructing proposed freight lines and associated facilities or other rail infrastructure facilities.\n> \n> > (4) A lease or licence entered into by a rail authority may make provision for or with respect to rights relating to intellectual property.\n> \n> > (5) Subsections (3) and (4) do not limit the matters that may be included in a lease or licence under this section.\n> \n> > (6) A rail authority may enter into an agreement or other arrangement with ARTC with respect to matters that are ancillary to or incidental to an ARTC lease or licence.\n> \n> > (7) The total maximum term for which any land or rail infrastructure facilities may be leased or licensed under one or more leases or licences under this section is 60 years.\n> \n> Editorial note.\n> \n> Date of commencement of first lease under this section, of interstate and Hunter Valley rail lines to ARTC: 5.9.2004.\n> \n> **ss 88B–88F:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":294},{"sectionNumber":"88C","sectionType":"section","heading":"Other agreements or arrangements relating to freight lines","content":"#### 88C Other agreements or arrangements relating to freight lines\n\n88C Other agreements or arrangements relating to freight lines\n\n> > (1) A rail authority may, with the approval of the Minister, enter into an agreement or other arrangement with ARTC for or with respect to the management by ARTC of freight lines not subject to an ARTC lease or licence (and all or any associated rail infrastructure facilities).\n> \n> > (2) The total maximum term for which any one or more agreements or other arrangements may be entered into under this section in relation to any freight line or rail infrastructure facilities is 60 years.\n> \n> **ss 88B–88F:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":295},{"sectionNumber":"88D","sectionType":"section","heading":"Provision of transition support services","content":"#### 88D Provision of transition support services\n\n88D Provision of transition support services\n\n> A rail authority may, with the approval of the Minister, enter into an agreement or other arrangement with ARTC for the provision to ARTC by the rail authority of transition support services in connection with an ARTC arrangement.\n> \n> **ss 88B–88F:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":296},{"sectionNumber":"88E","sectionType":"section","heading":"Sale of plant, machinery, equipment, stores and consumables","content":"#### 88E Sale of plant, machinery, equipment, stores and consumables\n\n88E Sale of plant, machinery, equipment, stores and consumables\n\n> Despite any other provision of this Act, a rail authority that enters into an ARTC arrangement may sell to ARTC movable plant, machinery, equipment, stores and consumables, not being rail infrastructure facilities, whether or not it is used in connection with land or rail infrastructure facilities subject to an ARTC arrangement.\n> \n> **ss 88B–88F:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":297},{"sectionNumber":"88F","sectionType":"section","heading":"Requirements for consent not applicable","content":"#### 88F Requirements for consent not applicable\n\n88F Requirements for consent not applicable\n\n> A rail authority may enter into an ARTC arrangement, and any such arrangement has effect, despite any requirement for consent under any other lease, licence, agreement or other arrangement between a rail authority and any other person.\n> \n> **ss 88B–88F:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":298},{"sectionNumber":"88G","sectionType":"section","heading":"Severance of rail infrastructure facilities and from leased or licensed land","content":"#### 88G Severance of rail infrastructure facilities and from leased or licensed land\n\n88G Severance of rail infrastructure facilities and from leased or licensed land\n\n> > (1) Rail infrastructure facilities owned by TAM, Sydney Metro, NSW Trains, Sydney trains or TfNSW that are subject to an ARTC lease or licence or situated on land subject to an ARTC lease or licence, or rail infrastructure facilities installed or established by ARTC for the purposes of an ARTC lease or licence, are taken to be severed from the land on which they are situated and may be dealt with as personal property separate from the land.\n> \n> > (2) Station facilities owned by TAM, Sydney Metro, NSW Trains, Sydney trains or TfNSW that are situated on land subject to an ARTC lease or licence are taken to be severed from the land on which they are situated and may be dealt with as personal property separate from the land.\n> \n> > (3) The severance of a facility from land under this section—\n> > \n> > > (a) does not affect the right of the facility to be situated on that land, and\n> > \n> > > (b) does not affect any right to drain water or sewage from the facility across and through the land or to use any means of drainage of water or sewage from the facility across and through the land.\n> \n> > (4) This section does not have effect in respect of rail infrastructure facilities or station facilities on land subject to an existing lease or licence by the rail authority as lessor when an ARTC lease or licence is entered into, while any such existing lease or licence, or any renewal of that lease or licence, remains in force.\n> \n> > (5) To avoid doubt, a reference in subsection (4) to a lease or licence does not include a reference to a rail access agreement.\n> \n> **s 88G:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2007 No 22, Sch 4 \\[3\\]; 2011 No 41, Sch 4.1 \\[13\\]; 2017 No 12, Schs 1.1\\[30\\], 2.1\\[23\\]; 2018 No 18, Sch 1 \\[23\\]; 2024 No 58, Sch 1.2\\[21\\].","sortOrder":299},{"sectionNumber":"88H","sectionType":"section","heading":"Functions of ARTC relating to rail infrastructure facilities","content":"#### 88H Functions of ARTC relating to rail infrastructure facilities\n\n88H Functions of ARTC relating to rail infrastructure facilities\n\n> > (1) ARTC may hold, manage, maintain and establish rail infrastructure facilities subject to an ARTC arrangement.\n> \n> > (2) Any such arrangement may vest in ARTC rail infrastructure facilities installed or established by ARTC for the term of the arrangement or without limitation.\n> \n> > (3) An ARTC lease or licence may provide that rail infrastructure facilities subject to the lease or licence and vested in or owned by a rail authority may be sold or disposed of by ARTC in accordance with the lease or licence.\n> \n> > (4) This section is subject to the terms of any applicable ARTC arrangement and section 88M.\n> > \n> > Note.\n> > \n> > Section 88M prohibits ARTC from selling or otherwise dealing with rail infrastructure facilities in a way that affects, or is likely to affect, the linear continuity of railway lines affected by, or subject to, an ARTC arrangement.\n> \n> **s 88H:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":300},{"sectionNumber":"88I","sectionType":"section","heading":"Transfer of assets, rights or liabilities of rail authority","content":"#### 88I Transfer of assets, rights or liabilities of rail authority\n\n88I Transfer of assets, rights or liabilities of rail authority\n\n> > (1) The Minister may, by order in writing, direct that assets, rights or liabilities of a rail authority, or any subsidiary of a rail authority, that are specified or referred to in the order, be transferred to ARTC.\n> \n> > (2) The Minister may, by further order under this section, further direct the transfer to a rail authority, or a subsidiary of a rail authority, a State owned corporation, the Crown or any other person or body acting on behalf of the Crown of any assets, rights or liabilities previously transferred under this section.\n> \n> > (3) An order under subsection (1) or (2) may be made only—\n> > \n> > > (a) in relation to assets, rights or liabilities concerning, or relating to, an ARTC arrangement or a proposed ARTC arrangement, and\n> > \n> > > (b) with the consent of ARTC or in accordance with an ARTC arrangement.\n> \n> > (4) On termination of an ARTC arrangement, the Minister may, by order in writing, direct that rail infrastructure facilities (within the meaning of section 3) established by ARTC under the arrangement, and any related assets, rights or liabilities of ARTC, that are specified or referred to in the order, be transferred to a rail authority, a State owned corporation, the Crown or any other person or body acting on behalf of the Crown.\n> \n> > (5) In the case of rail infrastructure facilities (including any related assets, rights or liabilities) used by ARTC partly for the purposes of an ARTC arrangement and partly for other business purposes, an order under subsection (4) must, if the rail infrastructure facilities were predominantly used for the purposes of the ARTC arrangement, be made subject to the conferral on ARTC of a continuing right to the use and benefit of those facilities for those other purposes.\n> \n> > (6) An order under subsection (4) may transfer rail infrastructure facilities (including any related assets, rights or liabilities) that are predominantly used by ARTC for business purposes other than the purposes of an ARTC arrangement only to the extent necessary to confer on a rail authority an irrevocable right to the use and benefit of those facilities for the purposes of its rail operations.\n> \n> > (7) An order under this section may be subject to specified terms and conditions.\n> \n> > (8) Schedule 4 applies to the transfer of assets, rights and liabilities under this section.\n> \n> > (9) Words and expressions used in this section have the same meanings as they have in Schedule 4.\n> \n> **s 88I:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":301},{"sectionNumber":"88J","sectionType":"section","heading":"Obligation to maintain linear continuity of rail services","content":"#### 88J Obligation to maintain linear continuity of rail services\n\n88J Obligation to maintain linear continuity of rail services\n\n> > (1) It is the duty of ARTC to maintain the linear continuity of railway lines affected by, or subject to, an ARTC arrangement between ARTC and a rail authority.\n> \n> > (2) This section does not extend to closures of rail lines in emergencies, for normal, routine maintenance or repairs or for the construction of works authorised or otherwise provided for by an ARTC arrangement.\n> \n> **ss 88J–88M:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":303},{"sectionNumber":"88K","sectionType":"section","heading":"Rail access obligations and functions","content":"#### 88K Rail access obligations and functions\n\n88K Rail access obligations and functions\n\n> > (1) ARTC is to provide persons with access under any current NSW rail access undertaking to any part of the NSW rail network for which it is a rail infrastructure owner.\n> > \n> > Note.\n> > \n> > ARTC’s rail access obligations are also set out in section 99C and Schedule 6AA.\n> \n> > (2) A rail authority may authorise ARTC to act as the agent of the rail authority or to provide other services to the rail authority for the purpose of selling access to parts of the NSW rail network.\n> \n> > (3) For the purposes of section 24A of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039), ARTC is, in respect of rail infrastructure facilities subject to an ARTC lease or licence, taken to be a government agency that provides services by means of rail infrastructure facilities.\n> > \n> > Note.\n> > \n> > The effect of this provision is that disputes relating to rail infrastructure access involving ARTC may be referred to arbitration.\n> \n> **ss 88J–88M:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":304},{"sectionNumber":"88L","sectionType":"section","heading":"Network control","content":"#### 88L Network control\n\n88L Network control\n\n> > (1) An ARTC arrangement may make provision for or with respect to the conferral on ARTC of responsibility for network control with respect to any part of the NSW rail network for which ARTC is a rail infrastructure owner.\n> \n> > (2) ARTC is responsible for network control with respect to any such part of the NSW rail network while that responsibility is conferred on ARTC under the ARTC arrangement.\n> \n> > (3) In exercising its responsibility for network control, ARTC must—\n> > \n> > > (a) give reasonable priority to passenger services, and\n> > \n> > > (b) subject to giving priority to those services, promote and facilitate access to the part of the NSW rail network for which it is responsible in accordance with the current NSW rail access undertaking.\n> \n> > (4) If responsibility for network control is not conferred on ARTC with respect to a part of the NSW rail network for which ARTC is a rail infrastructure owner, the rail authority in whom that part is vested or who owns it is, for the purposes of section 99D, taken to be the rail infrastructure owner for that part and that section applies accordingly.\n> > \n> > Note.\n> > \n> > Under section 99D, the rail infrastructure owner has responsibility for network control, so that subsection (4) has the effect of conferring that responsibility on a rail authority if there is no conferral of it on ARTC under this section.\n> \n> > (5) In this section—\n> > \n> > network control with respect to any part of the NSW rail network has the same meaning as it has in section 99D.\n> \n> **ss 88J–88M:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":305},{"sectionNumber":"88M","sectionType":"section","heading":"Restrictions on dealings with land and rail infrastructure facilities and other rights","content":"#### 88M Restrictions on dealings with land and rail infrastructure facilities and other rights\n\n88M Restrictions on dealings with land and rail infrastructure facilities and other rights\n\n> > (1) ARTC must not sell or otherwise deal with land or rail infrastructure facilities subject to an ARTC lease or licence, or installed or established by ARTC in or on the NSW rail network for the purposes of an ARTC arrangement, in a way that affects, or is likely to affect, the linear continuity of railway lines affected by, or subject to, an ARTC arrangement.\n> \n> > (2) ARTC must not assign (other than by granting a security interest), or grant a mortgage over, all or any of its rights under an ARTC arrangement.\n> \n> > (3) ARTC may grant a security interest over all or any of its rights under an ARTC arrangement, but only if the granting of that interest complies with the following—\n> > \n> > > (a) it does not affect, or is not likely to affect, the linear continuity of railway lines affected by, or subject to, an ARTC arrangement,\n> > \n> > > (b) it does not materially interfere with or restrict, or is not likely to materially interfere with or restrict, the carrying out of rail operations by ARTC in accordance with an ARTC arrangement,\n> > \n> > > (c) it does not permit or potentially permit the assignment or other disposition of ARTC’s obligations or rights under an ARTC arrangement by the holder of the security interest,\n> > \n> > > (d) it does not permit or potentially permit the exercise of a power of sale or foreclosure in respect of any land or rail infrastructure facilities subject to, or assets or rights under, an ARTC arrangement.\n> \n> > (4) A transaction entered into by ARTC is, to the extent that it contravenes this section, void.\n> \n> > (5) In this section, a reference to ARTC includes a reference to a successor of ARTC.\n> \n> > (6) This section does not apply to or in respect of any thing permitted to be sold to ARTC under section 88E.\n> \n> > (7) In this section—\n> > \n> > security interest means any pledge, lien, charge or preferential interest or arrangement, but does not include a mortgage.\n> \n> **ss 88J–88M:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":306},{"sectionNumber":"88N","sectionType":"section","heading":"Obligations and rights under the Rail Safety National Law (NSW)","content":"#### 88N Obligations and rights under the Rail Safety National Law (NSW)\n\n88N Obligations and rights under the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a)\n\n> > (1) This section applies to railway operations within the meaning of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) that are carried out by ARTC instead of a rail authority under a lease entered into under this Part.\n> \n> > (2) To avoid doubt, ARTC is the operator responsible for any such operation for the purposes of that Law.\n> \n> > (3) The rail authority is not required to be accredited under that Law—\n> > \n> > > (a) in respect of any such railway operation, or\n> > \n> > > (b) merely because it is the owner of rail infrastructure facilities, being facilities subject to an ARTC lease or licence.\n> \n> > (4) Nothing in this section affects the obligation of the rail authority to be accredited under that Law for a rail operation it carries out.\n> \n> **s 88N:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2008 No 97, Sch 4.7 \\[16\\]; 2012 No 82, Sch 2.13 \\[25\\].","sortOrder":307},{"sectionNumber":"88O","sectionType":"section","heading":"Obligations and rights under Protection of the Environment Operations Act 1997","content":"#### 88O Obligations and rights under Protection of the Environment Operations Act 1997\n\n88O Obligations and rights under [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156)\n\n> > (1) This section applies to railway systems activities referred to in Schedule 1 to the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) that are carried out separately by ARTC and a rail authority in or on land that is subject to an ARTC lease or licence or is adjacent to any such land.\n> \n> > (2) For the purposes of that Act, both the rail authority and ARTC are taken to be occupiers of the land concerned and are each required to hold a licence under that Act authorising the railway systems activity carried out by each of them on the land.\n> \n> **ss 88O–88R:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":308},{"sectionNumber":"88P","sectionType":"section","heading":"Obligations and rights under Heritage Act 1977","content":"#### 88P Obligations and rights under Heritage Act 1977\n\n88P Obligations and rights under [Heritage Act 1977](/view/html/inforce/current/act-1977-136)\n\n> > (1) This section applies to land or rail infrastructure facilities subject to an ARTC lease or licence between ARTC and a rail authority.\n> \n> > (2) For the purposes of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) and any instrument under that Act, ARTC is taken to be the owner of the land or rail infrastructure facilities instead of the rail authority and that Act applies accordingly.\n> \n> > (3) For the purposes of sections 170 and 170A of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), ARTC has, in relation to land or rail infrastructure facilities, the functions of a government instrumentality.\n> \n> **ss 88O–88R:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":309},{"sectionNumber":"88Q","sectionType":"section","heading":"Obligations and rights under Threatened Species Conservation Act 1995","content":"#### 88Q Obligations and rights under Threatened Species Conservation Act 1995\n\n88Q Obligations and rights under [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101)\n\n> > (1) This section applies to land or rail infrastructure facilities subject to an ARTC lease or licence.\n> \n> > (2) ARTC is to be treated as the public authority having responsibility for the land or rail infrastructure facilities for the purposes of the conferral of, and implementation of, responsibilities under or relating to a recovery plan or threat abatement plan under the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101).\n> \n> **ss 88O–88R:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":310},{"sectionNumber":"88R","sectionType":"section","heading":"Obligations relating to activities under Environmental Planning and Assessment Act 1979","content":"#### 88R Obligations relating to activities under Environmental Planning and Assessment Act 1979\n\n88R Obligations relating to activities under [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)\n\n> > (1) This section applies if ARTC is prescribed under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) as a public authority for the purposes of Part 5 of that Act in relation to activities for the purposes of rail infrastructure facilities with respect to land subject to an ARTC lease or licence or land owned by ARTC.\n> \n> > (2) In addition to any requirements applicable under that Part, regulations may be made under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for or with respect to the following matters—\n> > \n> > > (a) additional circumstances in which an environmental impact statement may be required to be prepared under that Part in respect of an activity,\n> > \n> > > (b) requirements for public consultation in respect of activities for which an environmental impact statement is not required to be prepared under that Part,\n> > \n> > > (c) matters to be considered, and documentation relating to any such consideration, for the purposes of that Part,\n> > \n> > > (d) availability to the public of documents relating to any consideration of an activity for the purposes of that Part.\n> \n> **ss 88O–88R:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":311},{"sectionNumber":"88S","sectionType":"section","heading":"Restrictions on vertical integration of rail operations","content":"#### 88S Restrictions on vertical integration of rail operations\n\n88S Restrictions on vertical integration of rail operations\n\n> > (1) ARTC, or any associate of ARTC, or any successor of ARTC or any associate of any successor of ARTC, must not provide rail freight services or any rail passenger services for reward on or with respect to the NSW rail network while any ARTC arrangement is in force.\n> \n> > (2) If the Minister is of the opinion that a person has engaged or is proposing to engage in conduct that constitutes or would constitute a contravention of this section, the Minister may, by order in writing, direct the person not to engage in that conduct.\n> \n> > (3) Nothing in this section prevents—\n> > \n> > > (a) ARTC or any successor of ARTC, or a rail authority, from carrying out a function conferred on it by or under this Act or an ARTC arrangement or from providing any services under an agreement with a rail authority, or\n> > \n> > > (b) a rail authority from carrying out a function conferred on it by or under this Act or an ARTC arrangement or from providing any services under an agreement with ARTC or another rail authority, or\n> > \n> > > (c) an associate of ARTC from providing rail freight services or any passenger services for reward, if the provision of those services is approved by the Minister.\n> \n> > (4) In this section, a reference to an associate of ARTC or a successor of ARTC (the rail track operator) is a reference to—\n> > \n> > > (a) a related body corporate of the rail track operator, or\n> > \n> > > (b) an associate of the rail track operator within the meaning of sections 11, 12(2), 15 and 16 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **pt 8A, div 4 (ss 88S, 88T):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":313},{"sectionNumber":"88T","sectionType":"section","heading":"Injunctions","content":"#### 88T Injunctions\n\n88T Injunctions\n\n> > (1) If the Supreme Court, on the application of the Minister, is satisfied that a person has engaged or is proposing to engage in conduct that constitutes or would constitute a contravention of section 88S, the Court may grant an injunction in such terms as the Court determines to be appropriate.\n> \n> > (2) Without prejudice to the generality of subsection (1), an injunction granted under this section may be, or include, an injunction restraining a person from carrying on a business (whether as part of, or incidental to, the carrying on of another business) for a specified period or except on specified terms and conditions.\n> \n> > (3) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.\n> \n> > (4) The Court may rescind or vary an injunction granted under this section.\n> \n> > (5) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—\n> > \n> > > (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and\n> > \n> > > (b) whether or not the person has previously engaged in conduct of that kind, and\n> > \n> > > (c) whether or not there is imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.\n> \n> > (6) If the Minister makes an application to the Court for the grant of an injunction under this section, the Court is not to require the Minister or any other person, as a condition of granting an interim injunction, to give any undertaking as to damages.\n> \n> **pt 8A, div 4 (ss 88S, 88T):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":314},{"sectionNumber":"88U","sectionType":"section","heading":"Agreements for secondment of staff to ARTC","content":"#### 88U Agreements for secondment of staff to ARTC\n\n88U Agreements for secondment of staff to ARTC\n\n> > (1) A rail authority may, with the approval of the Minister, enter into an agreement with ARTC for or with respect to the use of members of staff of the authority for the purposes of an ARTC arrangement.\n> \n> > (2) Without limiting subsection (1), an agreement may provide for the following—\n> > \n> > > (a) the temporary placement of members of staff with ARTC,\n> > \n> > > (b) the exercise by ARTC of functions of the rail authority for or with respect to members of staff (including disciplinary functions other than dismissal),\n> > \n> > > (c) permitting the disclosure of personal information (within the meaning of the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)) relating to members of staff by a rail authority to ARTC.\n> \n> > (3) Without limiting subsection (1), an agreement must contain provisions requiring ARTC to facilitate compliance by the rail authority with any industrial awards or agreements applicable to members of staff temporarily placed with ARTC under this Division.\n> \n> > (4) ARTC may, in accordance with an agreement, instead of or in conjunction with a rail authority, exercise functions for or with respect to members of staff (including disciplinary functions other than dismissal).\n> \n> > (5) A rail authority is not required to comply with the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) in respect of the disclosure of information about members of staff, placed or proposed to be placed, under this Division with ARTC, if the information is relevant to the exercise by ARTC of its functions in respect of members of staff temporarily placed with it or to workplace safety or the safety of the NSW rail network.\n> \n> > (6) This section has effect despite any other Act or law.\n> \n> **s 88U:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":316},{"sectionNumber":"88V","sectionType":"section","heading":"Temporary staff placement with ARTC (secondments)","content":"#### 88V Temporary staff placement with ARTC (secondments)\n\n88V Temporary staff placement with ARTC (secondments)\n\n> > (1) A member of staff of a rail authority may apply to be placed temporarily with ARTC and may, with the approval of the chief executive of the rail authority, be temporarily placed with ARTC.\n> \n> > (2) If an agreement for or with respect to the use of members of staff under this Division provides for the temporary placement of members of staff with ARTC, the chief executive of the rail authority may, in accordance with the agreement, direct in writing that members of staff of the rail authority be placed with ARTC.\n> \n> > (3) A temporary placement under subsection (2) takes effect on the day specified in the direction.\n> \n> > (4) A member of staff may be placed with ARTC under this section at the person’s existing level of remuneration or at a different level of remuneration. However, a temporary placement cannot be made at a lower level of remuneration, except with the consent of the member of staff.\n> \n> > (5) A temporary placement of a member of staff under this section may be ended at any time by written direction of the chief executive of the rail authority.\n> \n> > (6) A rail authority exercising a power of dismissal of a member of staff who is or has been temporarily placed with ARTC under this Division may take into account and act on the basis of any disciplinary or other action taken or finding made by ARTC.\n> \n> > (7) A rail authority must, in taking into account and acting on the basis of any disciplinary or other action taken by ARTC as referred to in subsection (6), have regard to any matters raised by the member of staff in relation to that action at the time that action was taken.\n> \n> > (8) The Secretary of the Premier’s Department may, from time to time, issue guidelines (not inconsistent with this section) for or with respect to the following matters—\n> > \n> > > (a) the matters to be taken into consideration by the chief executive of a rail authority in respect of the temporary placement of members of staff with ARTC under this section,\n> > \n> > > (b) requirements relating to the obtaining of consent to placement of members of staff with ARTC at a lower level of remuneration,\n> > \n> > > (c) the exercise by a rail authority of a power of dismissal of a member of staff as referred to in subsection (6).\n> \n> > (9) A rail authority and the chief executive of a rail authority must have regard to any applicable guidelines issued by the Secretary of the Premier’s Department under this section.\n> \n> > (10) In this Division—\n> > \n> > temporary member of staff of ARTC means a member of staff of a rail authority who is temporarily placed with ARTC under this Division.\n> > \n> > transferring rail authority means the rail authority from which a temporary member of staff of ARTC is temporarily placed with ARTC under this Division.\n> \n> **s 88V:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2011 No 48, Sch 2.14 \\[1\\] \\[2\\]; 2024 No 35, Sch 3.14.","sortOrder":317},{"sectionNumber":"88W","sectionType":"section","heading":"No time limit for period of temporary placement","content":"#### 88W No time limit for period of temporary placement\n\n88W No time limit for period of temporary placement\n\n> A temporary placement of staff under this Division may be for a specified period or a specified minimum period.\n> \n> **s 88W:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":318},{"sectionNumber":"88X","sectionType":"section","heading":"Obligations and rights under the Rail Safety National Law (NSW) relating to members of staff","content":"#### 88X Obligations and rights under the Rail Safety National Law (NSW) relating to members of staff\n\n88X Obligations and rights under the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) relating to members of staff\n\n> > (1) A temporary member of staff of ARTC who performs rail safety work is taken to be an employee of ARTC, instead of the transferring rail authority, for the purposes of the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a) and any instrument under that Law.\n> \n> > (2) In this section, rail safety work has the same meaning as it has in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> \n> **s 88X:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2008 No 97, Sch 4.7 \\[17\\] \\[18\\]; 2012 No 82, Sch 2.13 \\[26\\].","sortOrder":319},{"sectionNumber":"88Y","sectionType":"section","heading":"Obligations and rights under Work Health and Safety Act 2011 and other legislation","content":"#### 88Y Obligations and rights under Work Health and Safety Act 2011 and other legislation\n\n88Y Obligations and rights under [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) and other legislation\n\n> > (1) For the purposes of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) and the employer liability legislation, ARTC has the functions and liabilities of an employer in respect of a temporary member of staff of ARTC.\n> \n> > (2) Nothing in subsection (1) affects the functions and liabilities of a transferring rail authority, or a director or a person concerned in the management of a transferring rail authority, in respect of a temporary member of staff of ARTC under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) or any employer liability legislation.\n> \n> > (3) In this section—\n> > \n> > employer liability legislation means—\n> > \n> > > (a) instruments under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), and\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the [Dangerous Goods (Road and Rail Transport) Act 2008](/view/html/inforce/current/act-2008-095) and any instruments under that Act, and\n> > \n> > > (d) any other Act or instrument under an Act that makes an employer liable for an act or omission of an employee, or for an act of omission of the employer in relation to an employee, being a law prescribed by the regulations for the purposes of this section.\n> \n> **s 88Y:** Ins 2004 No 31, Sch 1 \\[13\\]. Am 2008 No 95, Sch 2.12; 2011 No 67, Sch 4.29 \\[1\\] \\[2\\].","sortOrder":320},{"sectionNumber":"88Z","sectionType":"section","heading":"Liability under Law Reform (Vicarious Liability) Act 1983","content":"#### 88Z Liability under Law Reform (Vicarious Liability) Act 1983\n\n88Z Liability under [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038)\n\n> > (1) A temporary member of staff of ARTC is, during any period of the temporary placement with ARTC, taken not to be in the service of the Crown for the purposes of the [Law Reform (Vicarious Liability) Act 1983](/view/html/inforce/current/act-1983-038).\n> \n> > (2) Nothing in this section affects any liability under that Act of a rail authority as the employer of a temporary member of staff of ARTC.\n> \n> **ss 88Z–88ZB:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":321},{"sectionNumber":"88ZA","sectionType":"section","heading":"Workers compensation arrangements","content":"#### 88ZA Workers compensation arrangements\n\n88ZA Workers compensation arrangements\n\n> > (1) For the purposes of the Workers Compensation Acts, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the treatment of ARTC as the employer of temporary members of staff of ARTC for the purposes of all or any of the provisions of the Workers Compensation Acts,\n> > \n> > > (b) the conferral of the functions of an employer under provisions of those Acts with respect to temporary members of staff of ARTC on the transferring rail authority or ARTC, or both of them,\n> > \n> > > (c) the liability of a transferring rail authority or ARTC, or both, or directors of, or persons concerned in the management of the transferring rail authority or ARTC, or both, for offences under those Acts,\n> > \n> > > (d) the modification of requirements relating to insurance policies under those Acts in relation to temporary members of staff of ARTC,\n> > \n> > > (e) the modification, in relation to ARTC and a rail authority, of requirements of those Acts relating to the grouping of employers for insurance purposes.\n> \n> > (2) The regulations may apply any of the provisions of the Workers Compensation Acts to work injury damages recoverable by or in respect of a temporary member of staff of ARTC from the transferring rail authority or ARTC, or both, in respect of an injury to or the death of the member of staff.\n> \n> > (3) Without limiting subsections (1) and (2), the regulations may provide that a specified provision or provisions of the Workers Compensation Acts do or do not apply in respect of the transferring rail authority or ARTC.\n> \n> > (4) For the purposes of subsections (1) and (2), the regulations may apply provisions of the Workers Compensation Acts with any necessary modifications.\n> \n> > (5) Nothing in this section permits a regulation to be made that has the effect of—\n> > \n> > > (a) removing from a transferring rail authority the obligation to have and maintain in force an insurance policy, or to be self-insurer, under the Workers Compensation Acts in respect of any of its employees who are temporary members of staff of ARTC, or\n> > \n> > > (b) removing any liability of any such transferring rail authority in respect of injury to a temporary member of staff of ARTC under those Acts or that exists independently of those Acts.\n> \n> > (6) In this section—\n> > \n> > motor accident damages means damages to which Part 6 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102) or Chapter 5 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) applies.\n> > \n> > work injury damages means damages recoverable from the transferring rail authority or ARTC in respect of injury to or the death of a temporary member of staff of ARTC caused by the negligence or other tort of the rail authority or ARTC and arising out of the employment of the member of staff, whether the damages are recoverable in an action for tort or breach of contract or in any other action, but does not include motor accident damages.\n> > \n> > Workers Compensation Acts mean the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086) and any instruments made under those Acts.\n> \n> **ss 88Z–88ZB:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":322},{"sectionNumber":"88ZB","sectionType":"section","heading":"Effect of staffing agreements and arrangements","content":"#### 88ZB Effect of staffing agreements and arrangements\n\n88ZB Effect of staffing agreements and arrangements\n\n> Temporary members of staff of ARTC remain members of staff of the transferring rail authority and do not become employees of ARTC, despite any other provision of this Act or of any other law or any provision of any agreement under which the members of staff are temporarily placed with ARTC.\n> \n> **ss 88Z–88ZB:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":323},{"sectionNumber":"Division 6","sectionType":"division","heading":"State taxes","content":"## Division 6 State taxes\n\nDivision 6 State taxes\n\n**pt 8A, div 6:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":324},{"sectionNumber":"88ZC","sectionType":"section","heading":"Exemption from State taxes","content":"#### 88ZC Exemption from State taxes\n\n88ZC Exemption from State taxes\n\n> > (1) The regulations may, on the recommendation of the Minister and with the approval of the Treasurer, provide that State tax is not chargeable in respect of any matter or thing, or classes of matters or things, prescribed by the regulations and done by a rail authority or ARTC in connection with an ARTC arrangement or a proposed ARTC arrangement or for the purposes of this Part or the [Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004](/view/html/repealed/current/act-2004-031).\n> \n> > (2) The regulations may, on the recommendation of the Minister and with the approval of the Treasurer, provide that land tax or rates are not payable by a rail authority or ARTC in connection with land subject to an ARTC lease or licence.\n> \n> > (3) In this section—\n> > \n> > State tax means duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) or any other tax, duty, rate, fee or other charge imposed by or under any Act or law of the State, other than pay-roll tax.\n> \n> **s 88ZC:** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":325},{"sectionNumber":"88ZD","sectionType":"section","heading":"Rail authorities and ARTC not grouped for payroll tax purposes","content":"#### 88ZD Rail authorities and ARTC not grouped for payroll tax purposes\n\n88ZD Rail authorities and ARTC not grouped for payroll tax purposes\n\n> For the purposes of the [Payroll Tax Act 2007](/view/html/inforce/current/act-2007-021), a rail authority and ARTC do not constitute a group merely because of an arrangement entered into for the purposes of Division 5.\n> \n> **s 88ZD:** Ins 2004 No 31, Sch 1 \\[13\\]. Subst 2007 No 21, Sch 4.4.","sortOrder":326},{"sectionNumber":"Division 7","sectionType":"division","heading":"Effect of Part","content":"## Division 7 Effect of Part\n\nDivision 7 Effect of Part\n\n**pt 8A, div 7 (ss 88ZE–88ZG):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":327},{"sectionNumber":"88ZE","sectionType":"section","heading":"Effect of Part","content":"#### 88ZE Effect of Part\n\n88ZE Effect of Part\n\n> Except as provided by this Part, nothing in this Part—\n> \n> > (a) limits or otherwise affects any function of a rail authority (whether conferred under this or any other Act or law), or\n> \n> > (b) prevents a rail authority, in the exercise of any of its functions, from entering into any arrangement or agreement or other transaction with ARTC or any other person.\n> \n> **pt 8A, div 7 (ss 88ZE–88ZG):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":328},{"sectionNumber":"88ZF","sectionType":"section","heading":"Protection of contractual and other obligations","content":"#### 88ZF Protection of contractual and other obligations\n\n88ZF Protection of contractual and other obligations\n\n> > (1) This section applies to the following—\n> > \n> > > (a) the operation of this Part and the [Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004](/view/html/repealed/current/act-2004-031) (including anything done or omitted to be done for the purposes of this Part or that Act),\n> > \n> > > (b) a disclosure of information made for any of those purposes.\n> \n> > (2) None of the matters or things to which this section applies are to be regarded—\n> > \n> > > (a) as a breach of confidence, or\n> > \n> > > (b) as a breach of contract or other instrument or as requiring any act to be done under an instrument, or\n> > \n> > > (c) as giving rise to any right or remedy by a party to an instrument, or as causing or permitting the termination of an instrument, or as giving rise to a breach of an offence against a provision of an Act that prohibits or restricts the disclosure of information.\n> \n> **pt 8A, div 7 (ss 88ZE–88ZG):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":329},{"sectionNumber":"88ZG","sectionType":"section","heading":"Compensation not payable","content":"#### 88ZG Compensation not payable\n\n88ZG Compensation not payable\n\n> > (1) Compensation is not payable by or on behalf of the State—\n> > \n> > > (a) because of the enactment or operation of this Part or the [Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004](/view/html/repealed/current/act-2004-031), or for any consequence of that enactment or operation, or\n> > \n> > > (b) because of any statement or conduct relating to this Part or that Act.\n> \n> > (2) In this section—\n> > \n> > compensation includes damages or any other form of monetary compensation.\n> > \n> > conduct includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.\n> > \n> > operation of this Part includes the operation of any notice, direction or order under this Part or any ARTC arrangement or other arrangement entered into for the purposes of this Part.\n> > \n> > statement includes a representation of any kind—\n> > \n> > > (a) whether made verbally or in writing, and\n> > \n> > > (b) whether negligent, false or misleading or otherwise.\n> > \n> > the State means the Crown within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070), and includes a rail authority or an officer, employee or agent of the Crown or of a rail authority.\n> \n> **pt 8A, div 7 (ss 88ZE–88ZG):** Ins 2004 No 31, Sch 1 \\[13\\].","sortOrder":330},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":331},{"sectionNumber":"89","sectionType":"section","heading":"Definitions","content":"#### 89 Definitions\n\n89 Definitions\n\n> In this Part—\n> \n> rail authority means TAM, TfNSW, Sydney Metro, NSW Trains, Sydney Trains or any other person or body prescribed by the regulations.\n> \n> State rail operator means TAM, Sydney Metro, NSW Trains, Sydney Trains, TfNSW or any other person or body prescribed by the regulations.\n> \n> **s 89:** Am 1992 No 57, Sch 1; 1996 No 56, Sch 1 \\[37\\]; 1998 No 8, Sch 1 \\[14\\]. Subst 2003 No 96, Sch 1 \\[50\\]. Am 2008 No 115, Sch 1 \\[11\\]–\\[13\\]; 2010 No 31, Schs 2.1 \\[1\\], 4.1 \\[6\\]; 2011 No 41, Schs 1 \\[41\\], 3.1 \\[14\\], 4.1 \\[14\\]; 2013 No 111, Sch 1.13 \\[4\\]; 2017 No 12, Schs 1.1 \\[31\\] \\[32\\], 2.1\\[24\\] \\[25\\]; 2018 No 18, Sch 1 \\[24\\] \\[25\\]; 2024 No 58, Sch 1.2\\[22\\] \\[23\\]; 2025 No 66, Sch 2.1\\[17\\] \\[18\\].","sortOrder":333},{"sectionNumber":"90","sectionType":"section","heading":"State rail operators not common carriers","content":"#### 90 State rail operators not common carriers\n\n90 State rail operators not common carriers\n\n> > (1) A State rail operator is not a common carrier.\n> \n> > (2) Subsection (1) does not affect any contract or arrangement for the carriage of passengers or freight between a State rail operator and any other person in which the operator accepts the risk and liability of a common carrier.\n> \n> **s 90:** Subst 1992 No 57, Sch 1. Am 1994 No 45, Sch 1; 1996 No 56, Sch 1 \\[38\\]. Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":335},{"sectionNumber":"91","sectionType":"section","heading":"Regulations relating to railway and other transport services","content":"#### 91 Regulations relating to railway and other transport services\n\n91 Regulations relating to railway and other transport services\n\n> > (1) The regulations may make provision for or with respect to the railway and other transport services operated by a State rail operator.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following matters—\n> > \n> > > (a) the terms and conditions on which—\n> > > \n> > > > (i) passengers are carried, and\n> > > \n> > > > (ii) passengers’ luggage and freight are collected, received, kept, carried or delivered,\n> > \n> > > (b) the use of and access to facilities or property owned by or under the control of a State rail operator,\n> > \n> > > (c) the protection and preservation of facilities or property owned by or under the control of a State rail operator,\n> > \n> > > (d) security, safety and order on railways and trains,\n> > \n> > > (e) the sale or other disposal of unclaimed goods and luggage in the possession of a State rail operator and the disposal of the proceeds of any such sale,\n> > \n> > > (f) the standing or parking of vehicles on land vested in a State rail operator.\n> \n> **s 91:** Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":336},{"sectionNumber":"92","sectionType":"section","heading":"Limitation of compensation in respect of damage to property by fire","content":"#### 92 Limitation of compensation in respect of damage to property by fire\n\n92 Limitation of compensation in respect of damage to property by fire\n\n> In any action brought against a rail authority for damages or compensation in respect of loss of or damage or injury to property (whether sustained before or after the commencement of this section) because of fire alleged to have been caused by—\n> \n> > (a) any act or thing done or omitted to be done by the rail authority in the operation of its railway services or in the exercise of its functions under this Act, or\n> \n> > (b) any person for whose act or omission the rail authority is liable,\n> \n> the maximum sum recoverable is $50,000 or such other amount as may be prescribed by the regulations.\n> \n> **s 92:** Am 1993 No 50, Sch 3. Subst 1996 No 56, Sch 1 \\[39\\]. Am 2000 No 89, Sch 2.1 \\[8\\]. Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":337},{"sectionNumber":"93","sectionType":"section","heading":"Search of vehicles and luggage on certain railway premises","content":"#### 93 Search of vehicles and luggage on certain railway premises\n\n93 Search of vehicles and luggage on certain railway premises\n\n> > (1) An authorised officer may—\n> > \n> > > (a) stop any vehicle or person on any land that is vested in or under the control of a State rail operator and that is used for the receipt, dispatch or delivery of any luggage or freight, and\n> > \n> > > (b) search any such vehicle or any luggage or other article on that vehicle or in the possession of any such person, and\n> > \n> > > (c) require any such person to produce consignment notes, delivery dockets or other documents relating to the receipt, dispatch, delivery or ownership of any such luggage or article, and\n> > \n> > > (d) seize any such luggage or article that the authorised officer has reasonable grounds for suspecting has been stolen.\n> \n> > (2) The power of an authorised officer to search includes the power to open any part of the vehicle or any luggage or other article on the vehicle or in the possession of the person.\n> \n> > (3) Any person who—\n> > \n> > > (a) obstructs or hinders an authorised officer when exercising any power under this section, or\n> > \n> > > (b) does not comply with any reasonable requirement made for the purposes of this section by an authorised officer,\n> > \n> > is guilty of an offence.\n> > \n> > Maximum penalty—20 penalty units.\n> \n> > (4) An authorised officer must produce his or her authority if requested to do so by any person required to comply with a requirement made by that officer for the purposes of this section.\n> \n> > (5) No personal liability is incurred by an authorised officer for any act done or omitted in good faith under this section.\n> \n> > (6) In this section—\n> > \n> > authorised officer means an officer of a State rail operator appointed in writing by the chief executive of the State rail operator or the Transport Secretary to be an authorised officer.\n> > \n> > authority means the written instrument by which an authorised officer is appointed.\n> \n> **s 93:** Am 1991 No 82, sec 15 (c); 1996 No 56, Sch 1 \\[40\\] \\[41\\]; 2000 No 89, Sch 2.1 \\[8\\]. Subst 2003 No 96, Sch 1 \\[50\\]. Am 2005 No 64, Sch 2.59 \\[4\\]; 2010 No 31, Sch 7.1 \\[32\\]; 2017 No 12, Sch 1.1 \\[33\\].","sortOrder":338},{"sectionNumber":"94","sectionType":"section","heading":"Transfers of assets, rights and liabilities","content":"#### 94 Transfers of assets, rights and liabilities\n\n94 Transfers of assets, rights and liabilities\n\n> > (1) The Minister may, by order in writing, direct that the assets, rights or liabilities of a specified transport authority, or any subsidiary of a transport authority, that are specified or referred to in the order, be transferred to another transport authority, a subsidiary of a transport authority, a State owned corporation, the Crown or any other person or body acting on behalf of the Crown or a local council.\n> \n> > (2) The Minister may, by further order under this section, further direct the transfer any assets, rights or liabilities previously transferred under this section.\n> \n> > (3) An order under this section may be subject to specified terms and conditions.\n> \n> > (4) Schedule 4 applies to the transfer of assets, rights and liabilities under this section.\n> \n> > (5) Words and expressions used in this section have the same meanings as they have in Schedule 4.\n> \n> > (6) In this section, transport authority means a rail authority and includes the State Transit Authority, Sydney Ferries, the Transport Secretary, NSW Motorways and any other person or body prescribed by the regulations.\n> \n> > (7) (Repealed)\n> \n> > (8) For the avoidance of doubt, an order under this section may transfer an asset, right or liability to more than one transferee.\n> \n> > (9) The power to transfer an asset by means of an order under this section includes the power to transfer an interest in the asset. The transfer of an interest in an asset operates to create the interest in such terms as are specified in the order if the interest does not already exist as a separate interest.\n> \n> > (10) The Minister may make an order under this section that transfers assets, rights or liabilities to or from TAM only with the consent of TAM.\n> \n> **s 94:** Am 1992 No 57, Sch 1. Subst 1996 No 56, Sch 1 \\[42\\]. Am 2000 No 89, Sch 2.1 \\[8\\]. Subst 2003 No 96, Sch 1 \\[50\\]. Am 2007 No 22, Sch 4 \\[4\\] \\[5\\]; 2008 No 115, Sch 1 \\[14\\]; 2010 No 31, Sch 7.1 \\[33\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2017 No 12, Schs 1.1\\[34\\]–\\[36\\], 2.1\\[26\\]; 2019 No 19, Sch 1\\[23\\]; 2024 No 58, Sch 1.2\\[24\\]; 2024 No 95, Sch 1\\[19\\]; 2025 No 66, Sch 3.1\\[2\\] \\[3\\].","sortOrder":339},{"sectionNumber":"95","sectionType":"section","heading":null,"content":"#### 95\n\n95 (Repealed)","sortOrder":340},{"sectionNumber":"96","sectionType":"section","heading":"Person may be chief executive of more than one authority","content":"#### 96 Person may be chief executive of more than one authority\n\n96 Person may be chief executive of more than one authority\n\n> Nothing in this or any other Act prevents a person from being the chief executive of one or more rail authorities.\n> \n> **s 96:** Am 1996 No 56, Sch 1 \\[44\\]–\\[46\\]; 2000 No 89, Sch 2.1 \\[8\\]. Subst 2003 No 96, Sch 1 \\[50\\]. Am 2010 No 31, Sch 7.1 \\[32\\] \\[34\\].","sortOrder":342},{"sectionNumber":"Division 1B","sectionType":"division","heading":"Miscellaneous provisions relating to rail infrastructure, rail access and network control","content":"## Division 1B Miscellaneous provisions relating to rail infrastructure, rail access and network control\n\nDivision 1B Miscellaneous provisions relating to rail infrastructure, rail access and network control\n\n**pt 9, div 1B, hdg:** Ins 2003 No 96, Sch 1 \\[50\\].","sortOrder":343},{"sectionNumber":"97","sectionType":"section","heading":"Additional facilities may be treated as rail infrastructure facilities","content":"#### 97 Additional facilities may be treated as rail infrastructure facilities\n\n97 Additional facilities may be treated as rail infrastructure facilities\n\n> The Minister may, by order in writing, direct that specified facilities that are vested in or owned by a rail infrastructure owner are to be treated as rail infrastructure facilities for the purposes of this Act or the regulations.\n> \n> **s 97:** Rep 1997 No 55, Sch 2.21. Ins 2000 No 38, Sch 1 \\[2\\]. Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":344},{"sectionNumber":"98","sectionType":"section","heading":"Powers of rail authorities relating to rail infrastructure facilities and land","content":"#### 98 Powers of rail authorities relating to rail infrastructure facilities and land\n\n98 Powers of rail authorities relating to rail infrastructure facilities and land\n\n> Schedules 6A (Powers relating to rail infrastructure facilities and land) and 6B (Special provisions for underground rail facilities) have effect.\n> \n> **s 98:** Am 1989 No 58, sec 40 (a). Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":345},{"sectionNumber":"99","sectionType":"section","heading":"Maintenance of railway lines","content":"#### 99 Maintenance of railway lines\n\n99 Maintenance of railway lines\n\n> A rail infrastructure owner is not required to maintain a railway line on which no services are operated.\n> \n> **s 99:** Subst 2003 No 96, Sch 1 \\[50\\].","sortOrder":346},{"sectionNumber":"99A","sectionType":"section","heading":"Closure and disposal of railway lines","content":"#### 99A Closure and disposal of railway lines\n\n99A Closure and disposal of railway lines\n\n> > (1) A rail infrastructure owner must not, unless authorised by an Act of Parliament or an order under subsection (1A), close a railway line.\n> \n> > (1A) The Minister may, by order published in the Gazette, authorise a rail infrastructure owner to close any railway line, or part of a railway line, on land within the Greater Metropolitan Region.\n> \n> > (1B) The Minister may make an order under subsection (1A) only if satisfied that the closure is required for the purposes of, or in connection with, State significant infrastructure within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). An order does not take effect until the carrying out of the State significant infrastructure is approved under Part 5.1 of that Act.\n> \n> > (2) For the purposes of this section, a railway line is closed if the land concerned is sold or otherwise disposed of or the railway tracks and other works concerned are removed.\n> \n> > (3) For the purposes of this section, a railway line is not closed merely because a rail infrastructure owner has entered into an ARTC arrangement or a lease or other arrangement in respect of it pursuant to an agreement entered into by the Commonwealth and the State.\n> \n> > (3A) For the purposes of this section, a railway line is not closed if, in accordance with regulations made under section 99E—\n> > \n> > > (a) railway tracks or other works are removed from the railway line, or\n> > \n> > > (b) a railway infrastructure owner leases the land on which the railway line is located to a council or joint organisation.\n> \n> > (4) In this section—\n> > \n> > coastal waters of the State has the same meaning as in Part 10 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> > \n> > Greater Metropolitan Region means the region bounded by the coastal waters of the State and by, but not including, the local government areas of City of Shoalhaven, Wingecarribee, Upper Lachlan Shire, Oberon, City of Lithgow, Singleton, Dungog and Mid-Coast.\n> \n> **s 99A:** Ins 2003 No 96, Sch 1 \\[50\\]. Am 2004 No 31, Sch 1 \\[14\\]; 2008 No 115, Sch 1 \\[15\\]; 2010 No 31, Sch 4.1 \\[7\\]; 2016 No 3, Sch 1 \\[1\\]–\\[3\\]; 2022 No 40, Sch 1\\[1\\] \\[2\\].","sortOrder":347},{"sectionNumber":"99AA","sectionType":"section","heading":"Connections to rail infrastructure","content":"#### 99AA Connections to rail infrastructure\n\n99AA Connections to rail infrastructure\n\n> A rail infrastructure owner must not sever, or fail to maintain, a connection between any part of the NSW rail network for which it is the rail infrastructure owner and any other part of the NSW rail network without the consent of the rail infrastructure owner of the other part of the NSW rail network.\n> \n> **s 99AA:** Ins 2004 No 31, Sch 1 \\[15\\].","sortOrder":348},{"sectionNumber":"99B","sectionType":"section","heading":"Closure of level-crossings, bridges and other structures","content":"#### 99B Closure of level-crossings, bridges and other structures\n\n99B Closure of level-crossings, bridges and other structures\n\n> > (1) A rail infrastructure owner may, with the approval of the Minister, close any level-crossing, bridge or other structure for crossing or passing over or under any railway track if both the level-crossing, bridge or other structure and the railway track are owned by the owner.\n> \n> > (2) A rail infrastructure owner must notify the Minister of any proposal by it to close a level-crossing, bridge or other structure for crossing or passing over or under a railway track.\n> \n> > (3) A rail infrastructure owner must, before closing any such level-crossing, bridge or other structure—\n> > \n> > > (a) cause a notice of the proposed closure to be published in the Gazette, and\n> > \n> > > (b) notify TfNSW (unless TfNSW is the rail infrastructure owner) and the council of the area concerned of the proposed closure.\n> \n> > (4) On the closure of any such level-crossing, bridge or other structure, all rights, easements and privileges in relation to that level-crossing, bridge or other structure are extinguished.\n> \n> **s 99B:** Ins 2003 No 96, Sch 1 \\[50\\]. Am 2011 No 41, Sch 1 \\[7\\]; 2019 No 19, Sch 1\\[24\\].","sortOrder":349},{"sectionNumber":"99C","sectionType":"section","heading":"NSW rail access undertakings","content":"#### 99C NSW rail access undertakings\n\n99C NSW rail access undertakings\n\n> > (1) A rail infrastructure owner may give written undertakings from time to time to the Australian Competition and Consumer Commission, in connection with the provision of access to that part of the NSW rail network vested in or owned by or managed or controlled by the owner, under section 44ZZA of the [Competition and Consumer Act 2010](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) Any such undertaking is not to be given, and (once given) is not to be withdrawn or varied, except with the approval of the Minister given with the concurrence of the Premier.\n> \n> > (3) Clauses 2, 3 and 4 of Schedule 6AA apply to any such undertaking in the same way as they apply to an access undertaking referred to in clause 1 of that Schedule.\n> \n> > (4) In exercising its functions, a rail authority or ARTC must act in accordance with the current NSW rail access undertaking.\n> \n> > (5) Schedule 6AA (Access undertakings) has effect.\n> \n> > (6) Subsection (2) and clause 2 of Schedule 6AA do not apply to undertakings given, or taken to have been given, by ARTC.\n> \n> **s 99C:** Ins 2003 No 96, Sch 1 \\[50\\]. Am 2004 No 31, Sch 1 \\[16\\]–\\[18\\]; 2014 No 88, Sch 2.69.","sortOrder":350},{"sectionNumber":"99D","sectionType":"section","heading":"Network control","content":"#### 99D Network control\n\n99D Network control\n\n> > (1) For the purposes of this section, network control with respect to any part of the NSW rail network is—\n> > \n> > > (a) service planning (namely, the timetabling of rolling stock, including standard working and daily timetables and planning the occupation of railway track for maintenance and other service requirements), and\n> > \n> > > (b) real time control (namely, the actual control of the movement of rolling stock, including train signalling and incident management).\n> > \n> > Network control includes any aspect of the control of the network that is declared by the regulations to be network control, but does not include anything declared by the regulations not to be network control.\n> > \n> > Note.\n> > \n> > TfNSW has responsibility for determining the Standard Working Timetable in the metropolitan rail area. See clause 5 of Schedule 1.\n> \n> > (2) The Minister may, by order published in the Gazette, designate a rail authority or any person prescribed by the regulations as the body responsible for network control (or any specified aspect of network control) with respect to any specified part of the NSW rail network.\n> \n> > (3) To the extent that responsibility for network control, or any aspect of network control, with respect to any part of the NSW rail network is not covered by an order under this section the rail infrastructure owner for that part of the NSW rail network is responsible for network control or that aspect.\n> \n> > (4) The exercise of the functions of a rail authority is subject to an order under this section.\n> \n> > (5) A body responsible for network control must—\n> > \n> > > (a) give reasonable priority to rail passenger services, and\n> > \n> > > (b) subject to giving reasonable priority to those services, promote and facilitate access to the part of the NSW rail network for which it is responsible in accordance with the current NSW rail access undertaking, and\n> > \n> > > (c) allocate priority between rail passenger services and freight services consistently with the requirements of any agreement between the Commonwealth and the State or TfNSW for the funding of railway infrastructure that is part of the NSW rail network.\n> \n> > (6) The Minister may, by order published in the Gazette, amend or revoke an order made under this section.\n> \n> > (7) This section is subject to section 88L.\n> > \n> > Note.\n> > \n> > See section 88L for network control responsibilities relating to parts of the NSW rail network subject to an ARTC lease or licence.\n> \n> **s 99D:** Ins 2003 No 96, Sch 1 \\[50\\]. Am 2004 No 31, Sch 1 \\[19\\] \\[20\\]; 2011 No 41, Sch 1 \\[42\\]–\\[44\\].","sortOrder":351},{"sectionNumber":"99E","sectionType":"section","heading":"Use of disused railway lines","content":"#### 99E Use of disused railway lines\n\n99E Use of disused railway lines\n\n> > (1) This section applies to a disused railway line on land outside the Greater Metropolitan Region (the subject land).\n> \n> > (2) The regulations may authorise the following—\n> > \n> > > (a) the use of the subject land for—\n> > > \n> > > > (i) recreation, tourism or related purposes, or\n> > > \n> > > > (ii) roads or road infrastructure,\n> > \n> > > (b) the removal of railway tracks and other works from the subject land for the purposes of the use of the subject land under paragraph (a).\n> \n> > (3) If the regulations authorise the use of the subject land for the purposes specified in subsection (2)(a)(i), the regulations may also authorise the rail infrastructure owner to enter into a lease of the subject land with a local council or joint organisation for those purposes (an authorised lease).\n> \n> > (4) A regulation made under subsection (2)(a) must apply to a specified area of subject land for a specified project.\n> \n> > (5) A regulation may not be made under subsection (2)(a)(i) or (3) unless the Minister has consulted the following—\n> > \n> > > (a) the council of the area in which the subject land is located,\n> > \n> > > (b) the Minister for Regional NSW,\n> > \n> > > (c) the National Parks and Wildlife Service,\n> > \n> > > (d) the Local Aboriginal Land Council for the area in which the subject land is located,\n> > \n> > > (e) the councils and joint organisations of areas that are adjacent to the council area in which the subject land is located,\n> > \n> > > (f) Local Land Services, in relation to the mitigation of biosecurity risks.\n> \n> > (6) The total maximum term of an authorised lease is 30 years.\n> \n> > (7) The Minister may, subject to the regulations, terminate an authorised lease if satisfied the subject land is required to be used for transport purposes, including transport infrastructure, transport services, roads and road infrastructure.\n> \n> > (8) Compensation is not payable by or on behalf of the State or a rail infrastructure owner because the Minister terminates an authorised lease under regulations made under subsection (7).\n> \n> > (9) The regulations may make provision in relation to the following—\n> > \n> > > (a) limitations on the structures that may be erected on the subject land,\n> > \n> > > (b) the circumstances in which a sublease of an authorised lease may be entered into.\n> > \n> > > (c) the matters that must or may be included in an authorised lease or sublease,\n> > \n> > > (d) the termination of an authorised lease by the Minister under subsection (7).\n> \n> > (10) Subject land in relation to which regulations have been made under this section cannot be sold.\n> \n> > (11) Within 5 years after the date of assent to the [Transport Administration Amendment (Rail Trails) Act 2022](/view/pdf/asmade/act-2022-40), the Minister must—\n> > \n> > > (a) review the amendments made by that Act, and\n> > \n> > > (b) table a report of the review in each House of Parliament.\n> \n> > (12) In this section—\n> > \n> > compensation includes damages or other forms of monetary compensation.\n> > \n> > Greater Metropolitan Region has the same meaning as in section 99A.\n> > \n> > joint organisation has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **s 99E:** Ins 2003 No 96, Sch 1 \\[50\\]. Rep 2010 No 31, Sch 7.1 \\[35\\]. Ins 2022 No 40, Sch 1\\[3\\].","sortOrder":352},{"sectionNumber":"Division 1C","sectionType":"division","heading":null,"content":"## Division 1C\n\nDivision 1C\n\n(Repealed)\n\n**pt 9, div 1C:** Ins 2003 No 96, Sch 1 \\[50\\]. Rep 2010 No 31, Sch 7.1 \\[35\\].","sortOrder":353},{"sectionNumber":"100","sectionType":"section","heading":"Sale, lease or other disposal of land","content":"#### 100 Sale, lease or other disposal of land\n\n100 Sale, lease or other disposal of land\n\n> > (1) The State Transit Authority may, with the approval of the Minister, sell, lease or otherwise dispose of any of its land.\n> \n> > (2) Despite subsection (1), the approval of the Minister is not required—\n> > \n> > > (a) for any lease for a term not exceeding 5 years, or\n> > \n> > > (b) for a sale, lease or other disposal of land not exceeding such value, or in such circumstances, as the Minister may determine from time to time.\n> \n> > (3) (Repealed)\n> \n> **s 100:** Am 1992 No 57, Sch 1; 2003 No 65, Sch 1 \\[3\\]; 2010 No 31, Sch 7.1 \\[11\\].","sortOrder":355},{"sectionNumber":"101","sectionType":"section","heading":"Acquisition of land","content":"#### 101 Acquisition of land\n\n101 Acquisition of land\n\n> > (1) The State Transit Authority may, for any purposes of the State Transit Authority, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (1A) The purposes for which land may be acquired under subsection (1) include for the purposes of a future sale, lease or disposal, that is, to enable the State Transit Authority to exercise its functions in relation to land under this Act.\n> \n> > (2) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition of land is taken to be for an authorised work and the State Transit Authority is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (3) Any such acquisition is not void merely because it is expressed to be for the purposes of the State Transit Authority or for the purposes of this Act.\n> \n> > (3A) The State Transit Authority may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Transport Secretary.\n> \n> > (4) Part 3 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) does not apply in respect of works constructed for the purposes of this section.\n> \n> > (5) Nothing in this section is taken to mean that the State Transit Authority cannot exercise functions in relation to land under this Act unless the State Transit Authority first compulsorily acquires the land concerned.\n> \n> **s 101:** Subst 1992 No 57, Sch 1. Am 1994 No 45, Sch 1; 2010 No 31, Sch 7.1 \\[36\\]; 2014 No 33, Sch 3.32 \\[1\\].","sortOrder":356},{"sectionNumber":"102","sectionType":"section","heading":"STA not a common carrier","content":"#### 102 STA not a common carrier\n\n102 STA not a common carrier\n\n> > (1) The State Transit Authority is not a common carrier.\n> \n> > (2) Subsection (1) does not affect any contract or arrangement for the carriage of passengers between the State Transit Authority and any other person in which the Authority accepts the risk and liability of a common carrier.","sortOrder":357},{"sectionNumber":"103","sectionType":"section","heading":"Inquiries into bus or ferry accidents","content":"#### 103 Inquiries into bus or ferry accidents\n\n103 Inquiries into bus or ferry accidents\n\n> > (1) The Minister may require the State Transit Authority or Sydney Ferries or a person nominated by the Minister to inquire into and report to the Minister on any bus or ferry accident.\n> \n> > (2) The State Transit Authority or Sydney Ferries shall, in addition to any report required by the Minister, forward to the Minister a copy of the report of any formal inquiry into a bus or ferry accident instituted by the State Transit Authority or Sydney Ferries.\n> \n> > (3) In this section—\n> > \n> > bus or ferry accident means an accident involving the bus or ferry services operated by the State Transit Authority or Sydney Ferries, whether or not resulting in the loss of life or damage to property.\n> \n> **s 103:** Am 2003 No 65, Sch 1 \\[15\\]; 2003 No 99, Sch 1 \\[14\\]; 2010 No 31, Sch 6.1 \\[3\\]; 2012 No 82, Sch 2.13 \\[27\\].","sortOrder":358},{"sectionNumber":"104","sectionType":"section","heading":"Regulations relating to bus and ferry services","content":"#### 104 Regulations relating to bus and ferry services\n\n104 Regulations relating to bus and ferry services\n\n> > (1) The regulations may make provision for or with respect to the bus and ferry services provided by the State Transit Authority.\n> \n> > (2) In particular, the regulations may make provision for or with respect to—\n> > \n> > > (a) the terms and conditions on which passengers are carried, and\n> > \n> > > (b) the use of and access to facilities or property owned by or under the control of the State Transit Authority, and\n> > \n> > > (c) the protection and preservation of facilities or property owned by or under the control of the State Transit Authority, and\n> > \n> > > (d) security, safety and order on buses and ferries, and\n> > \n> > > (e) the sale or other disposal of unclaimed goods and luggage in the possession of the State Transit Authority and the disposal of the proceeds of any such sale, and\n> > \n> > > (f) the standing or parking of vehicles on land vested in the State Transit Authority.","sortOrder":359},{"sectionNumber":"104A","sectionType":"section","heading":null,"content":"#### 104A\n\n104A–104K (Repealed)","sortOrder":361},{"sectionNumber":"104L","sectionType":"section","heading":"Definitions","content":"#### 104L Definitions\n\n104L Definitions\n\n> In this Subdivision—\n> \n> develop a light rail system includes—\n> \n> > (a) carry out development (within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)) for the purposes of a light rail system, or\n> \n> > (b) finance any such development, or\n> \n> > (c) maintain any such development.\n> \n> operate a light rail system means—\n> \n> > (a) operate or move, or cause the operation or moving, by any means, of any rolling stock on a light rail system, and includes operate a light rail service if the operator of the service operates or moves, or causes the operation or moving of, rolling stock, or\n> \n> > (b) construct and maintain, or construct or maintain, rolling stock.\n> \n> **s 104L:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2002 No 96, Sch 7.6 \\[5\\].","sortOrder":363},{"sectionNumber":"104M","sectionType":"section","heading":"Light rail services","content":"#### 104M Light rail services\n\n104M Light rail services\n\n> For the purposes of this Act, light rail services are railway passenger services provided by light rail vehicles, including passenger services declared by the regulations to be light rail services (whether described by reference to the class of vehicles providing the services or the rail or other system used to guide the vehicles providing the services).\n> \n> **s 104M:** Ins 1996 No 128, Sch 1 \\[11\\].","sortOrder":364},{"sectionNumber":"104N","sectionType":"section","heading":"Light rail system","content":"#### 104N Light rail system\n\n104N Light rail system\n\n> > (1) For the purposes of this Act, a light rail system is a system for the provision of light rail services along a route declared under subsection (2), including tracks, catenaries, supports for tracks and catenaries, stops, access to stops, signalling and other control facilities, vehicles, vehicle depots and other facilities and equipment associated with the provision of those services.\n> \n> > (2) The regulations may declare a route along a road or through other land to be the route of a light rail system. A route may be so declared—\n> > \n> > > (a) whether or not a light rail service is operating along the route, and\n> > \n> > > (b) whether or not the State or an authority of the State owns or proposes to acquire the system providing the service.\n> \n> > (3) A regulation may not declare a route along a road to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister administering the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> > (4) A regulation may not declare a route through any park or bushland to be the route of a light rail system unless the regulation is made on the recommendation of both the Minister administering this Act and the Minister for the Environment. In this subsection—\n> > \n> > bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation, being land that is zoned or reserved for public open space purposes under an environmental planning instrument.\n> > \n> > park means an area of open space used for recreation (other than bushland), being an area that is vested in or under the control of a public or local authority.\n> \n> > (5) Any dispute in connection with the making of a recommendation under subsection (3) or (4) may be determined by the Premier.\n> \n> > (6) In this section—\n> > \n> > road means a road or road related area within the meaning of section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road or road related area that is the subject of a declaration made under section 18 (1)(b) of that Act relating to all of the provisions of that Act).\n> \n> **s 104N:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 1997 No 115, Sch 4.26 \\[1\\] \\[2\\]; 2003 No 65, Sch 1 \\[19\\]–\\[21\\]; 2005 No 11, Sch 3.46 \\[4\\] \\[5\\]; 2013 No 19, Sch 4.78 \\[5\\] \\[6\\].","sortOrder":365},{"sectionNumber":"104O","sectionType":"section","heading":"Development and operation of light rail systems","content":"#### 104O Development and operation of light rail systems\n\n104O Development and operation of light rail systems\n\n> > (1) TfNSW may develop light rail systems, or facilitate their development by other persons.\n> \n> > (2) TfNSW may operate light rail systems, or facilitate their operation by other persons.\n> \n> **s 104O:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2011 No 41, Sch 1 \\[10\\].","sortOrder":366},{"sectionNumber":"104P","sectionType":"section","heading":"Part 5 of EPA Act to apply to development for light rail system","content":"#### 104P Part 5 of EPA Act to apply to development for light rail system\n\n104P Part 5 of EPA Act to apply to development for light rail system\n\n> > (1) In this section—\n> > \n> > development has the same meaning as in Part 4 of the EPA Act.\n> > \n> > EPA Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (2) Development for the purposes of a light rail system—\n> > \n> > > (a) may be carried out without the necessity for development consent under Part 4 of the EPA Act, and\n> > \n> > > (b) may be so carried out even if the development would be prohibited, or would require development consent, in the absence of this section.\n> \n> > (3) Development for the purposes of a light rail system is an activity within the meaning of Part 5 of the EPA Act and TfNSW is the proponent and a determining authority in relation to that activity for the purposes of that Part.\n> > \n> > Note.\n> > \n> > By virtue of this subsection, the approval of the Minister administering the EPA Act is, if an EIS is prepared, required under Division 4 of Part 5 of that Act before the activity is carried out.\n> \n> > (4) Development for the purposes of a light rail system includes anything that is incidental to the carrying out of any such development.\n> \n> **s 104P:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2011 No 41, Sch 1 \\[10\\].","sortOrder":367},{"sectionNumber":"104Q","sectionType":"section","heading":"Local government approvals not required for light rail system","content":"#### 104Q Local government approvals not required for light rail system\n\n104Q Local government approvals not required for light rail system\n\n> > (1) This section applies to—\n> > \n> > > (a) the construction of a light rail system, including the erection of any buildings that are associated with the system or the demolition of any buildings for the purposes of constructing the system, and\n> > \n> > > (b) anything done that is incidental to the erection or demolition of a building for the purposes of a light rail system, and\n> > \n> > > (c) the subdivision of land for the purposes of a light rail system.\n> \n> > (2) The approval of the council of a local government area is not required under section 68 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) or under subdivision legislation for anything to which this section applies.\n> \n> > (3) In this section—\n> > \n> > building and erection have the same meanings they have in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > subdivision legislation means Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051) or the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006).\n> \n> **s 104Q:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 1999 No 31, Sch 3.21; 2015 No 51, Sch 9.23; 2021 No 6, Sch 5.22.","sortOrder":368},{"sectionNumber":"104R","sectionType":"section","heading":"Easements etc for light rail system","content":"#### 104R Easements etc for light rail system\n\n104R Easements etc for light rail system\n\n> > (1) This section applies to—\n> > \n> > > (a) easements or rights of way under, on or over, land, or\n> > \n> > > (b) restrictions on the use of land,\n> > \n> > for the purposes of the development or operation of a light rail system.\n> \n> > (2) The functions of TfNSW in relation to land extend (without limitation) to any easements, rights of way or restrictions on use to which this section applies, including—\n> > \n> > > (a) easements without a dominant tenement, and\n> > \n> > > (b) easements for the support of a catenary from a building, structure or land.\n> \n> > (3) Despite anything to the contrary in the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022), compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is under, on or over a public road (within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033)).\n> \n> > (4) Despite anything to the contrary in the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022), compensation is not payable for the compulsory acquisition of an interest in land to which this section applies that is an easement for support of a catenary from a building or structure or from any land (except compensation for actual damage done in the construction of the support for the catenary or caused by that support).\n> \n> **s 104R:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2011 No 41, Sch 1 \\[10\\] \\[47\\].","sortOrder":369},{"sectionNumber":"104S","sectionType":"section","heading":"Exemption of light rail system from payment of rates and land tax","content":"#### 104S Exemption of light rail system from payment of rates and land tax\n\n104S Exemption of light rail system from payment of rates and land tax\n\n> > (1) For the purpose of the application of the provisions of the following Acts relating to the payment of rates and taxes, land used or under construction for a light rail system is to be regarded as Crown land not leased for private purposes—\n> > \n> > > (a) the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> > \n> > > (b) the [Water Board (Corporatisation) Act 1994](/view/html/inforce/current/act-1994-088),\n> > \n> > > (c) the [Hunter Water Board (Corporatisation) Act 1991](/view/html/inforce/current/act-1991-053),\n> > \n> > > (d) the [Land Tax Management Act 1956](/view/html/inforce/current/act-1956-026),\n> > \n> > > (e) any other Act prescribed by the regulations.\n> \n> > (2) This section does not apply to land used or under construction for administrative offices, workshops and other maintenance facilities, vehicle depots or other purposes prescribed by the regulations.\n> \n> > (3) The Minister may determine any dispute concerning the application of this section to any particular land.\n> \n> **s 104S:** Ins 1996 No 128, Sch 1 \\[11\\].","sortOrder":370},{"sectionNumber":"104T","sectionType":"section","heading":"Exemption from duty","content":"#### 104T Exemption from duty\n\n104T Exemption from duty\n\n> The regulations may exempt any matter concerning the development or operation of a light rail system from liability for the payment of duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> **s 104T:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2003 No 65, Sch 1 \\[22\\].","sortOrder":371},{"sectionNumber":"104U","sectionType":"section","heading":"Altering position of conduit for purposes of light rail system","content":"#### 104U Altering position of conduit for purposes of light rail system\n\n104U Altering position of conduit for purposes of light rail system\n\n> > (1) TfNSW or a person authorised by TfNSW may serve a written notice on a person under this section if—\n> > \n> > > (a) an alteration is required to be made in the position of a conduit owned by the person to facilitate the development or operation of a light rail system, and\n> > \n> > > (b) the alteration would not permanently damage the conduit or adversely affect its operation.\n> \n> > (2) The notice—\n> > \n> > > (a) must specify the work to be carried out, and\n> > \n> > > (b) must specify a reasonable time within which the work is to be carried out, and\n> > \n> > > (c) must include an undertaking by the owner or operator of the light rail system to pay the reasonable cost of carrying out the work (unless TfNSW has notified the owner of the conduit before it was installed that the installation would interfere with the operation of the light rail system).\n> \n> > (3) If the work is not carried out as required by the notice, TfNSW, or a person authorised by TfNSW, may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.\n> \n> > (4) In this section, conduit means anything that is under, on or over a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.\n> \n> **s 104U:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2011 No 41, Sch 1 \\[10\\].","sortOrder":372},{"sectionNumber":"104V","sectionType":"section","heading":"Resolution of disputes concerning routes of light rail systems","content":"#### 104V Resolution of disputes concerning routes of light rail systems\n\n104V Resolution of disputes concerning routes of light rail systems\n\n> > (1) This section applies to a dispute between the relevant Ministers about a recommendation under section 104N relating to the declaration of a route of a light rail system.\n> \n> > (2) The annual report of the Department of Transport is to include a report of any dispute to which this section applies that is determined by the Premier.\n> \n> > (3) (Repealed)\n> \n> **s 104V:** Ins 1996 No 128, Sch 1 \\[11\\]. Am 2003 No 65, Sch 1 \\[23\\]; 2010 No 31, Sch 7.1 \\[43\\]–\\[45\\]; 2011 No 41, Sch 1 \\[5\\].","sortOrder":373},{"sectionNumber":"105","sectionType":"section","heading":"Power to accept gifts, bequests or devises of property","content":"#### 105 Power to accept gifts, bequests or devises of property\n\n105 Power to accept gifts, bequests or devises of property\n\n> > (1) TfNSW may acquire by gift, bequest or devise any property for any of the purposes of TfNSW and may agree to and carry out the conditions of the gift, bequest or devise.\n> \n> > (2) The rule of law relating to remoteness of vesting does not apply to any condition of a gift, bequest or devise to which TfNSW has agreed.\n> \n> > (3) Nothing in the [Duties Act 1997](/view/html/inforce/current/act-1997-123) applies to any real or personal property of any kind comprised in any gift, bequest or devise made to TfNSW.\n> \n> **s 105:** Am 2003 No 65, Sch 1 \\[24\\]; 2011 No 41, Sch 1 \\[7\\] \\[21\\]; 2019 No 19, Sch 1\\[6\\].","sortOrder":375},{"sectionNumber":"105A","sectionType":"section","heading":"Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator","content":"#### 105A Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator\n\n105A Transfer of assets, rights and liabilities to National Heavy Vehicle Regulator\n\n> > (1) The Minister may, by written order, direct that the assets, rights or liabilities of TfNSW be transferred to the National Heavy Vehicle Regulator.\n> \n> > (2) The Minister may, by written order, further direct the transfer of assets, rights or liabilities previously transferred under this section.\n> \n> > (3) An order under this section may be subject to specified terms and conditions.\n> \n> > (4) Schedule 4 applies to the transfer of assets, rights and liabilities under this section.\n> \n> > (5) Words and expressions used in this section have the same meanings as they have in Schedule 4.\n> \n> > (6) The power to transfer an asset by means of an order under this section includes the power to transfer an interest in the asset.\n> \n> > (7) The transfer of an interest in an asset operates to create the interest in the terms specified in the order if the interest does not already exist as a separate interest.\n> \n> **s 105A:** Ins 2021 No 9, Sch 2\\[2\\].","sortOrder":376},{"sectionNumber":"106","sectionType":"section","heading":"Grants to councils in connection with use of buses","content":"#### 106 Grants to councils in connection with use of buses\n\n106 Grants to councils in connection with use of buses\n\n> > (1) TfNSW shall, in accordance with such directions as may be given by the Minister, administer any scheme approved by the Minister for the making of grants to councils of local government areas in a transport district for the purpose of defraying the costs incurred in maintaining public roads used by buses.\n> \n> > (2) The amount approved by the Minister for distribution in any financial year must not exceed the amount of tax and charges which the Minister estimates was received under the [Motor Vehicles Taxation Act 1988](/view/html/inforce/current/act-1988-111) and Schedule 2 to the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (or a former corresponding provision within the meaning of that Act) during the previous financial year in connection with the registration of buses.\n> \n> > (3) The amount distributed to each eligible council shall be calculated by reference to the estimated distance travelled by buses on public roads wholly or partly maintained by each council.\n> \n> > (4) Grants under this section shall be made from money appropriated by Parliament for the purpose.\n> \n> **s 106:** Am 1995 No 73, Sch 4 \\[3\\]; 2009 No 75, Sch 2.7 \\[3\\]; 2011 No 41, Sch 1 \\[7\\]; 2013 No 19, Sch 4.78 \\[7\\]; 2019 No 19, Sch 1\\[6\\].","sortOrder":377},{"sectionNumber":"106A","sectionType":"section","heading":"Grants to charitable organisations","content":"#### 106A Grants to charitable organisations\n\n106A Grants to charitable organisations\n\n> > (1) TfNSW is, in accordance with such directions as may be given by the Minister, to administer any scheme approved by the Minister for the making of grants in respect of the operation of eligible motor vehicles by eligible charitable organisations.\n> \n> > (2) The purpose for which such grants may be made is to assist eligible charitable organisations to meet the increased cost of operating eligible motor vehicles resulting from the [Road Improvement (Special Funding) Act 1989](/view/html/inforce/current/act-1989-095).\n> \n> > (3) Grants under this section are to be made from the TfNSW Fund.\n> \n> > (4) In this section—\n> > \n> > eligible charitable organisation means a charitable organisation determined by the Minister to be an eligible charitable organisation for the purposes of this section.\n> > \n> > eligible motor vehicle means a motor vehicle operated by an eligible charitable organisation in accordance with the guidelines for assistance prepared by TfNSW from time to time for the purposes of this section.\n> \n> **s 106A:** Ins 1990 No 108, Sch 1. Am 2011 No 41, Sch 1 \\[7\\] \\[34\\]; 2019 No 19, Sch 1\\[6\\].","sortOrder":378},{"sectionNumber":"106B","sectionType":"section","heading":"Sydney Ferries not a common carrier","content":"#### 106B Sydney Ferries not a common carrier\n\n106B Sydney Ferries not a common carrier\n\n> > (1) Sydney Ferries is not a common carrier.\n> \n> > (2) Subsection (1) does not affect any contract or arrangement for the carriage of passengers between Sydney Ferries and any other person in which Sydney Ferries accepts the risk and liability of a common carrier.\n> \n> **pt 9, div 3A (ss 106B–106D):** Ins 2003 No 99, Sch 1 \\[15\\].","sortOrder":380},{"sectionNumber":"106C","sectionType":"section","heading":"Regulations relating to Sydney ferry services","content":"#### 106C Regulations relating to Sydney ferry services\n\n106C Regulations relating to Sydney ferry services\n\n> > (1) The regulations may make provision for or with respect to ferry services provided by Sydney Ferries.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following matters—\n> > \n> > > (a) the terms and conditions on which passengers are carried,\n> > \n> > > (b) the use of and access to facilities or property owned by or under the control of Sydney Ferries,\n> > \n> > > (c) the protection and preservation of facilities or property owned by or under the control of Sydney Ferries,\n> > \n> > > (d) security, safety and order on ferries,\n> > \n> > > (e) the sale or other disposal of unclaimed goods and luggage in the possession of Sydney Ferries and the disposal of the proceeds of any such sale,\n> > \n> > > (f) the standing or parking of vehicles on land vested in Sydney Ferries.\n> \n> **pt 9, div 3A (ss 106B–106D):** Ins 2003 No 99, Sch 1 \\[15\\].","sortOrder":381},{"sectionNumber":"106D","sectionType":"section","heading":"Transfer of certain assets, rights and liabilities of STA to Sydney Ferries","content":"#### 106D Transfer of certain assets, rights and liabilities of STA to Sydney Ferries\n\n106D Transfer of certain assets, rights and liabilities of STA to Sydney Ferries\n\n> > (1) The Minister may, by order in writing, direct that the assets, rights and liabilities of the State Transit Authority, or any subsidiary of the Authority, that are specified or referred to in the order, be transferred to Sydney Ferries or to the Crown.\n> \n> > (2) An order under this section may be subject to specified terms and conditions.\n> \n> > (3) Schedule 4 applies to the transfer of assets, rights and liabilities under this section.\n> \n> > (4) Words and expressions used in this section have the same meanings as they have in Schedule 4.\n> \n> **pt 9, div 3A (ss 106B–106D):** Ins 2003 No 99, Sch 1 \\[15\\].","sortOrder":382},{"sectionNumber":"107","sectionType":"section","heading":"Definition of “transport authority”","content":"#### 107 Definition of “transport authority”\n\n107 Definition of “transport authority”\n\n> > (1) In this Division, transport authority means—\n> > \n> > > (a) TAM, or\n> > \n> > > (a1) (Repealed)\n> > \n> > > (a2) TfNSW, or\n> > \n> > > (b) the State Transit Authority, or\n> > \n> > > (c) NSW Motorways, or\n> > \n> > > (c1) Sydney Ferries, or\n> > \n> > > (c2), (c3) (Repealed)\n> > \n> > > (d) NSW Trains, or\n> > \n> > > (e) Sydney Trains, or\n> > \n> > > (f) Sydney Metro.\n> \n> > (2), (3) (Repealed)\n> \n> **s 107:** Am 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[47\\]; 1998 No 8, Sch 1 \\[15\\]; 2003 No 65, Sch 1 \\[25\\]; 2003 No 96, Sch 1 \\[51\\] \\[52\\]; 2003 No 99, Sch 1 \\[16\\]; 2008 No 98, Schs 1.1 \\[15\\] \\[16\\], 3.1 \\[14\\] \\[15\\]; 2008 No 115, Sch 1 \\[16\\]; 2010 No 31, Schs 2.1 \\[7\\] \\[8\\], 3.1 \\[7\\], 6.1 \\[3\\], 7.1 \\[46\\] \\[47\\]; 2011 No 41, Schs 1 \\[7\\] \\[49\\] \\[50\\], 3.1 \\[15\\], 4.1 \\[15\\]; 2013 No 111, Sch 1.13 \\[5\\]; 2017 No 4, Sch 1 \\[8\\]; 2017 No 12, Schs 1.1\\[37\\], 2.1\\[27\\]; 2018 No 18, Sch 1 \\[26\\]; 2019 No 19, Sch 1\\[26\\]; 2024 No 58, Sch 1.2\\[25\\]; 2024 No 95, Sch 1\\[20\\].","sortOrder":384},{"sectionNumber":"108","sectionType":"section","heading":"Transport districts","content":"#### 108 Transport districts\n\n108 Transport districts\n\n> > (1) There shall be 3 transport districts, namely—\n> > \n> > > (a) the Metropolitan transport district, and\n> > \n> > > (b) the Newcastle transport district, and\n> > \n> > > (c) the Wollongong transport district,\n> > \n> > with boundaries as prescribed by the regulations.\n> \n> > (2) The regulations may from time to time—\n> > \n> > > (a) establish other transport districts, or\n> > \n> > > (b) vary any transport district, established under subsection (1) or this subsection, by adding any area to it or by excluding any area from it, or\n> > \n> > > (c) amalgamate and re-name any transport districts so established.","sortOrder":385},{"sectionNumber":"109","sectionType":"section","heading":"Seals of Authorities","content":"#### 109 Seals of Authorities\n\n109 Seals of Authorities\n\n> > (1) The seal of an Authority shall be kept by the Chief Executive of the Authority and shall be affixed to a document only—\n> > \n> > > (a) in the presence of that Chief Executive or a member of the staff of the Authority authorised in that behalf by that Chief Executive, and\n> > \n> > > (b) with an attestation by the signature of that Chief Executive or that member of staff of the fact of the affixing of the seal.\n> \n> > (2) In this section—\n> > \n> > Authority means any of the following—\n> > \n> > > (a) TAM,\n> > \n> > > (a1) TfNSW,\n> > \n> > > (b) NSW Motorways,\n> > \n> > > (c) State Transit Authority,\n> > \n> > > (d) Sydney Ferries,\n> > \n> > > (e) NSW Trains,\n> > \n> > > (f) Sydney Trains,\n> > \n> > > (g) Sydney Metro.\n> \n> **s 109:** Am 2003 No 65, Sch 1 \\[26\\]; 2010 No 31, Sch 7.1 \\[48\\] \\[49\\]; 2011 No 41, Schs 1 \\[7\\] \\[51\\], 3.1 \\[16\\], 4.1 \\[16\\]; 2017 No 4, Sch 1 \\[9\\]; 2017 No 12, Schs 1.1\\[38\\], 2.1\\[28\\]; 2018 No 18, Sch 1 \\[27\\]; 2019 No 19, Sch 1\\[27\\]; 2024 No 58, Sch 1.2\\[26\\]; 2024 No 95, Sch 1\\[21\\].","sortOrder":386},{"sectionNumber":"110","sectionType":"section","heading":"Miscellaneous provisions relating to contracts of transport authority","content":"#### 110 Miscellaneous provisions relating to contracts of transport authority\n\n110 Miscellaneous provisions relating to contracts of transport authority\n\n> > (1) A contract or arrangement made or entered into by a transport authority for the carrying out of works or the performance of services may provide for—\n> > \n> > > (a) the whole or any part of the works to be undertaken by the authority, or\n> > \n> > > (b) the whole or any part of the cost of the works to be paid by the authority, or\n> > \n> > > (c) a loan to be made by the authority to meet the whole or any part of the cost of the works, or\n> > \n> > > (d) the authority to pay the whole or any part of the cost of providing the services during a specified period.\n> \n> > (2) A transport authority may make and enter into contracts or agreements for the payment of money (or the carrying out of works) in settlement of a claim brought against the authority for compensation or damages in relation to the functions of the authority.\n> \n> > (3) A contract under this section shall be deemed for the purposes of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) to be a contract for or on account of the Public Service of New South Wales.","sortOrder":387},{"sectionNumber":"111","sectionType":"section","heading":"Referral of disputes","content":"#### 111 Referral of disputes\n\n111 Referral of disputes\n\n> > (1) If any transport dispute arises—\n> > \n> > > (a) between one transport authority and another transport authority, or\n> > \n> > > (b) between a transport authority and a public authority,\n> > \n> > either party may refer the matter to the Minister.\n> \n> > (1A) If any dispute with respect to the carrying out of the functions of TfNSW under this Act arises between TfNSW and a public authority (other than a transport authority), either party may refer the matter to the Minister.\n> \n> > (2) If the Minister is not the Minister responsible for an authority that is a party to a dispute under this section, the dispute may be referred instead (or in addition) to the Minister responsible for that authority.\n> \n> > (3) In this section—\n> > \n> > public authority means any public or local authority constituted by or under an Act, and includes the council of a local government area, a government department and an administrative office.\n> > \n> > transport authority includes any public or private subsidiary corporation of a transport authority.\n> > \n> > transport authority includes the Point to Point Transport Commissioner appointed under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034).\n> > \n> > transport dispute means a dispute with respect to the carrying out of the functions of a transport authority under this or any other Act.\n> \n> > (4) For the purposes of this section, the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) shall be taken to be the Minister responsible for the council of a local government area.\n> \n> > (5) (Repealed)\n> \n> **s 111:** Am 1995 No 11, Sch 1.136; 2003 No 65, Sch 1 \\[27\\]; 2010 No 31, Schs 6.1 \\[3\\], 7.1 \\[50\\] \\[51\\]; 2011 No 41, Sch 1 \\[10\\]; 2016 No 34, Sch 7.8 \\[1\\]; 2017 No 4, Sch 1 \\[10\\]; 2017 No 12, Sch 1.1 \\[39\\]; 2025 No 66, Sch 2.1\\[19\\] \\[20\\].","sortOrder":388},{"sectionNumber":"112","sectionType":"section","heading":"Personal liability of certain persons","content":"#### 112 Personal liability of certain persons\n\n112 Personal liability of certain persons\n\n> > (1) No matter or thing done or omitted to be done by a transport authority, a member of a transport authority, a member of an advisory committee appointed under this Act or a person acting under the direction of a transport authority or of a member of a transport authority shall, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this or any other Act, subject a member of a transport authority, a member of such an advisory committee or a person so acting personally to any action, liability, claim or demand.\n> \n> > (2) In this section—\n> > \n> > member of a transport authority includes the following—\n> > \n> > > (a) the Chief Executives of TAM, the State Transit Authority, NSW Motorways, Sydney Ferries, Sydney Trains, NSW Trains and Sydney Metro,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) the Transport Secretary,\n> > \n> > > (d) the Chairperson of the Independent Transport Safety Advisory Board,\n> > \n> > > (e) a director of the Sydney Metro Board,\n> > \n> > > (f) a member of the TAM advisory board.\n> > \n> > transport authority includes—\n> > \n> > > (a) a Board of Inquiry established under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), and\n> > \n> > > (a1) (Repealed)\n> > \n> > > (b) the Chief Investigator, and\n> > \n> > > (c) the Point to Point Transport Commissioner appointed under the [Point to Point Transport (Taxis and Hire Vehicles) Act 2016](/view/html/inforce/current/act-2016-034).\n> \n> **s 112:** Am 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[48\\] \\[49\\]; 1998 No 8, Sch 1 \\[16\\]; 2003 No 65, Sch 1 \\[28\\]–\\[30\\]; 2003 No 96, Sch 1 \\[53\\] \\[54\\]; 2005 No 55, Sch 1 \\[16\\]; 2008 No 98, Schs 1.1 \\[17\\] \\[18\\], 3.1 \\[16\\] \\[17\\]; 2008 No 115, Sch 1 \\[17\\]–\\[19\\]; 2010 No 31, Schs 2.1 \\[9\\], 3.1 \\[8\\], 4.1 \\[8\\], 6.1 \\[3\\], 7.1 \\[52\\]; 2011 No 41, Schs 1 \\[52\\], 3.1 \\[17\\], 4.1 \\[17\\]; 2012 No 82, Sch 2.13 \\[28\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2016 No 34, Sch 7.8 \\[2\\]; 2017 No 4, Sch 1 \\[11\\]; 2017 No 12, Schs 1.1\\[40\\] \\[41\\], 2.1\\[29\\]; 2018 No 18, Sch 1 \\[28\\]–\\[30\\]; 2019 No 19, Sch 1\\[28\\]; 2024 No 58, Sch 1.2\\[27\\] \\[28\\]; 2024 No 95, Sch 1\\[22\\]; 2025 No 66, Sch 2.1\\[21\\] \\[22\\].","sortOrder":389},{"sectionNumber":"113","sectionType":"section","heading":"Presumption of validity","content":"#### 113 Presumption of validity\n\n113 Presumption of validity\n\n> > (1) The exercise of a function by a transport authority is not invalidated because it is exercised in contravention of a direction by the Minister or TfNSW.\n> \n> > (2) If a recommendation by a transport authority is a condition precedent to the exercise of a function by the Minister, the exercise of the function by the Minister is evidence of the making of the recommendation.\n> \n> > (3) (Repealed)\n> \n> **s 113:** Am 2010 No 31, Sch 7.1 \\[53\\]; 2011 No 41, Sch 1 \\[10\\]; 2017 No 12, Sch 1.1 \\[42\\]; 2025 No 66, Sch 2.1\\[23\\].","sortOrder":390},{"sectionNumber":"114","sectionType":"section","heading":null,"content":"#### 114\n\n114 (Repealed)","sortOrder":391},{"sectionNumber":"115","sectionType":"section","heading":"Recovery of charges etc by transport authority","content":"#### 115 Recovery of charges etc by transport authority\n\n115 Recovery of charges etc by transport authority\n\n> > (1) Any charge, fee, toll or money due to a transport authority, or to the Crown in respect of the activities of a transport authority, may be recovered by the authority as a debt in any court of competent jurisdiction.\n> \n> > (2) In this section, transport authority includes TAM.\n> \n> **s 115:** Am 2017 No 12, Schs 1.1\\[43\\], 2.1\\[30\\]; 2024 No 58, Sch 1.2\\[29\\]; 2025 No 66, Sch 2.1\\[24\\].","sortOrder":393},{"sectionNumber":"116","sectionType":"section","heading":"Liability of vehicle owner for parking offences on Authority’s land","content":"#### 116 Liability of vehicle owner for parking offences on Authority’s land\n\n116 Liability of vehicle owner for parking offences on Authority’s land\n\n> > (1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of the parking offence as if the person were the actual offender.\n> \n> > (2) Nothing in this section affects the liability of the actual offender, but if a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.\n> \n> > (3) The owner of a vehicle is not guilty of an offence by virtue of this section if the owner satisfies—\n> > \n> > > (a) in any case where the offence is dealt with under section 117—an authorised officer described in the penalty notice served under that section, or\n> > \n> > > (b) in any other case—the court,\n> > \n> > that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.\n> \n> > (4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if—\n> > \n> > > (a) in any case where the offence is dealt with under section 117, the owner—\n> > > \n> > > > (i) within 21 days after service on the owner of a penalty notice in respect of the offence, gives an authorised officer referred to in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or\n> > > \n> > > > (ii) satisfies such an authorised officer that the owner did not know and could not with reasonable diligence have ascertained that name and address, or\n> > \n> > > (b) in any other case, the owner—\n> > > \n> > > > (i) within 21 days after service on the owner of a court attendance notice for the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or\n> > > \n> > > > (ii) satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address.\n> \n> > (4A) Despite any other provision of this Act, an approved nomination notice may be provided by the owner of a vehicle served with a penalty notice within 90 days of the notice being served on the owner if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> \n> > (4B) If the owner of a vehicle supplies an approved nomination notice to an authorised officer or an informant for the purposes of this section, an authorised officer or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.\n> \n> > (5) Any such statutory declaration if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.\n> \n> > (6) Any such approved nomination notice or statutory declaration which relates to more than one offence is taken not to be an approved nomination notice or a statutory declaration under, or for the purposes of, subsection (4) or (4B).\n> \n> > (7) In this section—\n> > \n> > approved nomination notice has the same meaning as in section 38 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099).\n> > \n> > owner, in relation to a vehicle, includes—\n> > \n> > > (a) every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement (but not the lessor under any such agreement), and\n> > \n> > > (b) in the case of a motor vehicle—\n> > > \n> > > > (i) a registered operator of the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), except where the person has sold or otherwise disposed of the vehicle and has complied with any applicable provisions of that Act or the former [Road Transport (Vehicle Registration) Act 1997](/view/html/repealed/current/act-1997-119) (or the statutory rules made under either Act) in respect of the sale or disposal, and\n> > > \n> > > > (ii) in the case of a vehicle to which a trader’s plate within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) is affixed—the person to whom the trader’s plate has been issued.\n> > \n> > parking offence means any offence against a regulation made for or with respect to the standing or parking of vehicles on land vested in TAM, TfNSW, Sydney Ferries, Sydney Metro, Sydney Trains, NSW Trains or the State Transit Authority.\n> \n> **s 116:** Am 1997 No 119, Sch 2.28 (am 1998 No 26, Sch 1 \\[13\\]); 2003 No 96, Sch 1 \\[55\\]; 2003 No 99, Sch 1 \\[17\\]; 2008 No 115, Sch 1 \\[20\\]; 2010 No 31, Schs 2.1 \\[1\\]; 4.1 \\[9\\]; 2011 No 41, Sch 3.1 \\[18\\]; 2013 No 19, Sch 4.78 \\[8\\]; 2016 No 13, Sch 2.14 \\[1\\]–\\[5\\]; 2017 No 12, Schs 1.1\\[44\\], 2.1\\[31\\]; 2018 No 18, Sch 1 \\[31\\]; 2024 No 58, Sch 1.2\\[30\\]; 2025 No 66, Sch 2.1\\[25\\].","sortOrder":394},{"sectionNumber":"117","sectionType":"section","heading":"Penalty notices for certain offences","content":"#### 117 Penalty notices for certain offences\n\n117 Penalty notices for certain offences\n\n> > (1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed or is guilty of an offence under this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.\n> \n> > (2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this section.\n> \n> > (3) A penalty notice—\n> > \n> > > (a) may be served personally or by post, or\n> > \n> > > (b) if it relates to an offence of which the owner of a vehicle is guilty by virtue of section 116, may be addressed to the owner without naming the owner or stating the address of the owner and may be served by leaving it on or attaching it to the vehicle.\n> \n> > (4) If the amount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.\n> \n> > (5) Payment under this section shall not be regarded as an admission of liability for the purposes of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.\n> \n> > (6) The regulations may—\n> > \n> > > (a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and\n> > \n> > > (b) prescribe the amount of penalty payable for the offence if dealt with under this section, and\n> > \n> > > (c) prescribe different amounts of penalties for different offences or classes of offences.\n> \n> > (7) The amount of a penalty prescribed under this section for an offence shall not exceed the maximum amount of penalty which could be imposed for the offence by a court.\n> \n> > (8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings which may be taken in respect of offences.\n> \n> > (9) In this section, authorised officer means—\n> > \n> > > (a) a member of the NSW Police Force, or\n> > \n> > > (b) a person declared by the regulations to be an authorised officer for the purposes of this section.\n> \n> **s 117:** Am 2011 No 62, Sch 3.38 \\[2\\].","sortOrder":395},{"sectionNumber":"118","sectionType":"section","heading":"Proceedings for offences","content":"#### 118 Proceedings for offences\n\n118 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.\n> \n> **s 118:** Am 2003 No 65, Sch 1 \\[31\\]; 2007 No 94, Sch 2.","sortOrder":396},{"sectionNumber":"119","sectionType":"section","heading":"Regulations","content":"#### 119 Regulations\n\n119 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (1A) Without limiting subclause (1), the regulations may prescribe fees in respect of the performance by TfNSW of the functions of a Regulatory Authority under the [Interstate Road Transport Act 1985](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.\n> \n> **s 119:** Am 1992 No 57, Sch 1; 2004 No 55, Sch 1.42 \\[3\\]; 2011 No 41, Sch 1 \\[7\\]; 2019 No 19, Sch 1\\[6\\].","sortOrder":397},{"sectionNumber":"120","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 120 Savings, transitional and other provisions\n\n120 Savings, transitional and other provisions\n\n> Schedule 7 has effect.","sortOrder":398},{"sectionNumber":"121","sectionType":"section","heading":"Application of common law damages for motor accidents to railway and other public transport accidents","content":"#### 121 Application of common law damages for motor accidents to railway and other public transport accidents\n\n121 Application of common law damages for motor accidents to railway and other public transport accidents\n\n(cf ss 68, 69(2) MAA)\n\n> > (1) Chapter 5 (Award of damages) of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) applies to and in respect of an award of damages which relates to the death of or bodily injury to a person caused by or arising out of a public transport accident, not being an award of damages to which that Chapter applies. That Chapter so applies even though the public transport accident occurred after the commencement of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010).\n> \n> > (2) Accordingly, in that Chapter—\n> > \n> > > (a) a reference to a motor accident includes a reference to a public transport accident, and\n> > \n> > > (b) a reference to a motor vehicle includes a reference to any vehicle or vessel used for public transport.\n> \n> > (2A) The regulations may—\n> > \n> > > (a) apply provisions of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) (with or without modifications) relating to the award of damages or statutory benefits to public transport accidents, and\n> > \n> > > (b) exclude the application of subsection (1) in connection with those public transport accidents.\n> \n> > (3) For the purposes of this section, a public transport accident is an accident caused by or arising out of the use of any form of public transport in New South Wales, including public transport in the form of a passenger railway or a water ferry or taxi, but not including—\n> > \n> > > (a) public transport in the form of air transport, or\n> > \n> > > (b) public transport that is operated primarily for tourists, the purposes of recreation or historical interest or that is an amusement device, or\n> > \n> > > (c) an accident for which, or to the extent to which, a person is liable otherwise than in the capacity of the owner or driver of, or other person in charge of, the vehicle or vessel used for public transport.\n> > \n> > A public transport accident, however, includes an accident of a class declared by the regulations to be a public transport accident, but does not include an accident of a class declared by the regulations not to be a public transport accident.\n> \n> > (4) This section does not apply to or in respect of public transport accidents occurring before the commencement of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041).\n> > \n> > Note.\n> > \n> > For damages that may be awarded for accidents occurring before that commencement, see Part 6 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102).\n> \n> **s 121:** Ins 1999 No 41, Sch 4.15. Am 2017 No 10, Sch 5.13 \\[1\\] \\[2\\].","sortOrder":400},{"sectionNumber":"122","sectionType":"section","heading":"Definitions","content":"#### 122 Definitions\n\n122 Definitions\n\n> In this Division—\n> \n> land includes an interest in land.\n> \n> Parramatta Rail Link means a railway from Parramatta to Chatswood commencing generally in the vicinity of the Main Western Railway line west of Parramatta Station and proceeding via Parramatta, Camellia, Carlingford, Epping, the vicinity of Macquarie University, the vicinity of Delhi Road, North Ryde, and the vicinity of the University of Technology Sydney Ku-ring-gai Campus to Chatswood, including works, structures and facilities associated with or incidental to the railway.\n> \n> rail authority means RailCorp or TfNSW.\n> \n> **s 122:** Ins 2000 No 38, Sch 1 \\[3\\]. Am 2000 No 89, Sch 2.1 \\[32\\]; 2003 No 96, Sch 1 \\[56\\]; 2010 No 31, Sch 2.1 \\[10\\]; 2011 No 41, Schs 1 \\[10\\], 3.1 \\[19\\], 4.1 \\[18\\]; 2015 No 15, Sch 4.12.","sortOrder":402},{"sectionNumber":"123","sectionType":"section","heading":"EPA Act not affected","content":"#### 123 EPA Act not affected\n\n123 EPA Act not affected\n\n> Nothing in this Division limits or otherwise affects the operation of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) (except as provided by section 126).\n> \n> **s 123:** Ins 2000 No 38, Sch 1 \\[3\\].","sortOrder":403},{"sectionNumber":"124","sectionType":"section","heading":"Acquisition of national park and other park land","content":"#### 124 Acquisition of national park and other park land\n\n124 Acquisition of national park and other park land\n\n> > (1) In this section—\n> > \n> > Project park land means land shown as Project park land on sheets 1–6 of the plan marked “Parramatta Rail Link Project Park Land” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the [Transport Administration Amendment (Parramatta Rail Link) Act 2000](/view/html/repealed/current/act-2000-038)) when the Bill was introduced into the Legislative Assembly, a copy of which is also lodged in the office of each rail authority.\n> \n> > (2) Any power that a rail authority has under this Act to acquire land by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) extends to authorise the acquisition of the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.\n> \n> > (3) Nothing in the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) (in particular sections 37, 40, 47Z and 47ZB), [Parramatta Park Trust Act 2001](/view/html/inforce/current/act-2001-017) or the regulations under those Acts prevents a rail authority from acquiring by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.\n> \n> > (4) Section 29(2) of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) and section 9 (2) of the [Parramatta Park Trust Act 2001](/view/html/inforce/current/act-2001-017) do not apply to any such acquisition of Project park land.\n> \n> > (5) When any land that is Project park land vests in a rail authority pursuant to its acquisition as provided by this section, any reservation of the land as a national park or regional park under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) is revoked. This subsection does not limit the operation of section 20(1) of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) in respect of such an acquisition of land.\n> \n> > (6) A rail authority may not acquire as provided by this section any part of the Project park land that forms part of Lane Cove National Park unless and until the land described below is reserved as part of Lane Cove National Park in accordance with Part 4 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)—\n> > \n> > > Land situated at Marsfield, in the Local Government Area of Ryde, Parish of Hunters Hill and Field of Mars, County of Cumberland and State of New South Wales being Lot 2 in Deposited Plan 841477 (being land in part of Crown Reserve in R89885 for Public Recreation, Gazette No. 99 dated 6 August 1976 Folio 3380) and Lot 4 in Deposited Plan 881923 (being land in Certificate of Title Folio Identifier 4/881923).\n> \n> > (7) A rail authority may acquire the land described in subsection (6) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) for the purpose of facilitating that land’s reservation as part of Lane Cove National Park.\n> \n> > (8) A rail authority may not acquire as provided by this section any part of the Project park land unless and until approval for the construction of the Parramatta Rail Link has been obtained under Division 4 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (9) If land that forms part of the trust lands of the Parramatta Park Trust under the [Parramatta Park Trust Act 2001](/view/html/inforce/current/act-2001-017) is acquired under this section, the Minister administering that Act is to use the Minister’s best endeavours to ensure that Schedule 1 to that Act is amended to reflect the acquisition of that land.\n> \n> **s 124:** Ins 2000 No 38, Sch 1 \\[3\\]. Am 2001 No 17, Sch 5.6 \\[1\\]–\\[4\\].","sortOrder":404},{"sectionNumber":"125","sectionType":"section","heading":"Application of Public Works Act to the Parramatta Rail Link","content":"#### 125 Application of Public Works Act to the Parramatta Rail Link\n\n125 Application of Public Works Act to the Parramatta Rail Link\n\n> > (1) The Parramatta Rail Link is an authorised work for the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), and the rail authorities are for the purposes of that Act Constructing Authorities in relation to the Parramatta Rail Link.\n> \n> > (2) Part 3 and sections 86, 87 and 91(b) of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed for the purposes of the Parramatta Rail Link.\n> \n> > (3) Any power of a rail authority to enter land and exercise functions as a Constructing Authority under the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) in respect of the Parramatta Rail Link, extends to Project park land (as defined in section 124) but must be exercised subject to Parts 6 (Relics and Aboriginal places) and 7 (Fauna) of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> **ss 125–127:** Ins 2000 No 38, Sch 1 \\[3\\].","sortOrder":405},{"sectionNumber":"126","sectionType":"section","heading":"Sections 109ZJ & 109ZK EPA Act not to apply","content":"#### 126 Sections 109ZJ & 109ZK EPA Act not to apply\n\n126 Sections 109ZJ & 109ZK EPA Act not to apply\n\n> > (1) Sections 109ZJ and 109ZK of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) do not apply to a building action or subdivision action that concerns building work or subdivision work carried out for or in connection with the Parramatta Rail Link.\n> \n> > (2) Expressions used in this section have the meanings given by section 109ZI of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **ss 125–127:** Ins 2000 No 38, Sch 1 \\[3\\].","sortOrder":406},{"sectionNumber":"127","sectionType":"section","heading":"Order of approval under Heritage Act","content":"#### 127 Order of approval under Heritage Act\n\n127 Order of approval under Heritage Act\n\n> Sections 67 and 68 of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) do not apply in respect of an approval under Division 4 of Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in respect of the Parramatta Rail Link.\n> \n> **ss 125–127:** Ins 2000 No 38, Sch 1 \\[3\\].","sortOrder":407},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Functions of Transport for NSW","content":"# Schedule 1 Functions of Transport for NSW\n\nSchedule 1 Functions of Transport for NSW\n\n**sch 1, hdg:** Am 2003 No 96, Sch 1 \\[58\\]; 2008 No 98, Sch 1.1 \\[19\\].\n\n**sch 1:** Am 1991 No 17, Sch 1; 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[50\\]–\\[52\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2003 No 96, Sch 1 \\[59\\]–\\[65\\]; 2008 No 98, Schs 1.1 \\[20\\]–\\[23\\], 3.1 \\[18\\]–\\[20\\]. Rep 2010 No 31, Sch 7.1 \\[55\\]. Ins 2011 No 41, Sch 1 \\[53\\]. Am 2012 No 82, Sch 2.13 \\[29\\]; 2017 No 4, Sch 1 \\[12\\]; 2017 No 12, Schs 1.1\\[45\\]–\\[48\\], 2.1\\[32\\]–\\[35\\]; 2017 No 41, Sch 2; 2018 No 18, Sch 1 \\[32\\]; 2019 No 14, Sch 1.25; 2019 No 19, Sch 1\\[10\\] (Part 2A of Sch 1 transferred from Part 6) \\[29\\]–\\[32\\]; 2021 No 9, Sch 2\\[3\\]; 2024 No 58, Schs 1.1\\[3\\], 1.2\\[31\\]–\\[33\\]; 2024 No 95, Sch 1\\[23\\]; 2025 No 66, Sch 2.1\\[26\\]–\\[28\\].","sortOrder":409},{"sectionNumber":"4A","sectionType":"section","heading":"Passenger transport services safety","content":"#### 4A Passenger transport services safety\n\n4A Passenger transport services safety\n\n> > (1) TfNSW may—\n> > \n> > > (a) provide strategic co-ordination of safety regulatory frameworks in relation to transport authorities and owners or operators of transport services, and\n> > \n> > > (b) review and evaluate any matter related to the safe operation of transport services and the functions of transport authorities in relation to the safe operation of transport services, and\n> > \n> > > (c) advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of transport services, including safety regulation by transport authorities in relation to transport services, and\n> > \n> > > (d) without limiting paragraph (c), advise the Minister with respect to the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services.\n> \n> > (2) TfNSW may advise the Minister on the implementation of recommendations of reports of investigations and inquiries into transport accidents or incidents or the safety of transport services, including reports of the following kinds—\n> > \n> > > (a) reports by the Chief Investigator,\n> > \n> > > (b) transport safety inquiry reports,\n> > \n> > > (c) reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,\n> > \n> > > (d) an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (3) TfNSW must report to the Minister each year on the performance of transport authorities and owners and operators of transport services in connection with the exercise of their functions relating to the safe operation of those services.\n> \n> > (4) In this clause—\n> > \n> > transport authority means—\n> > \n> > > (a) TAM, or\n> > \n> > > (b) the State Transit Authority, or\n> > \n> > > (c) Sydney Ferries, or\n> > \n> > > (c1) NSW Trains, or\n> > \n> > > (c2) Sydney Trains, or\n> > \n> > > (c3) (Repealed)\n> > \n> > > (c4) Sydney Metro, or\n> > \n> > > (d), (e) (Repealed)\n> > \n> > > (f) any other person or body prescribed by the regulations for the purposes of this definition.","sortOrder":416},{"sectionNumber":"7A","sectionType":"section","heading":"Fare revenue from public passenger services","content":"#### 7A Fare revenue from public passenger services\n\n7A Fare revenue from public passenger services\n\n> If authorised by, or under arrangements or contracts made under, this Act, the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039) or the [Passenger Transport Act 2014](/view/html/inforce/current/act-2014-046), TfNSW may collect, manage and deal with any fare revenue received in respect of the provision of public passenger services by RailCorp, Sydney Trains, NSW Trains, the State Transit Authority, Sydney Metro, Sydney Ferries or any other operator of a public passenger service.","sortOrder":420},{"sectionNumber":"8A","sectionType":"section","heading":"Interpretation","content":"#### 8A Interpretation\n\n8A Interpretation\n\n> > (1) In this Part—\n> > \n> > approaches, in relation to an intersection or railway crossing, means so much of the approaches to the intersection or crossing as consist of roads or road related areas or of parts of roads or road related areas.\n> > \n> > distribution district of an electricity distribution network service provider means the provider’s distribution district within the meaning of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > electricity distribution network service provider means a distribution network service provider within the meaning of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> > \n> > electricity structure means any structure erected or maintained by an electricity distribution network service provider for the purpose of transmission or distribution of electricity or for the purpose of public lighting.\n> > \n> > intersection means an intersection or junction of roads or road related areas.\n> > \n> > public authority means a public or local authority constituted by or under an Act, and includes the following—\n> > \n> > > (a) the NSW Police Force,\n> > \n> > > (b) any Government department,\n> > \n> > > (c) a statutory body representing the Crown,\n> > \n> > > (d) a person or body prescribed by the regulations for the purposes of this definition.\n> > \n> > road has the same meaning as it has in section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > road related area has the same meaning as it has in section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> > \n> > traffic control facility means—\n> > \n> > > (a) traffic control lights on roads or road related areas, and equipment used in connection with traffic control lights, or\n> > \n> > > (b) any sign, marking, structure or device containing or relating to a requirement or direction, contravention of which is an offence arising under—\n> > > \n> > > > (i) this Act or the regulations, or\n> > > \n> > > > (ii) any other Act, regulation or by-law prescribed for the purposes of this subparagraph, or\n> > \n> > > (c) any other sign, marking, structure or device that is intended to promote safe or orderly traffic movement on roads or road related areas or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards, or\n> > \n> > > (d) any bridge or subway or other facility for use by pedestrians over, across, under or alongside a road or road related area, or\n> > \n> > > (e) any other thing prescribed as a traffic control facility by the regulations.\n> > \n> > traffic route means—\n> > \n> > > (a) a main road or secondary road within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), or\n> > \n> > > (b) a public road within the meaning of that Act (other than a main road or secondary road) in respect of which TfNSW has, by reason of the volume of vehicular or pedestrian traffic carried on it, determined requires lighting to a standard approved by TfNSW.\n> \n> > (2) A reference (however expressed) in this Part to any thing, person or traffic, on a road or road related area, includes a reference to any thing, person or traffic above, over, across, in or under a road or road related area.\n> \n> > (3) This Part does not limit the operation of the other provisions of this Schedule.","sortOrder":424},{"sectionNumber":"8B","sectionType":"section","heading":"General functions of TfNSW","content":"#### 8B General functions of TfNSW\n\n8B General functions of TfNSW\n\n> > (1) TfNSW has the functions conferred or imposed on it by or under the transport legislation, the National law (within the meaning of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121)) or any other Act.","sortOrder":426},{"sectionNumber":"8C","sectionType":"section","heading":"Functions relating to traffic management and safety","content":"#### 8C Functions relating to traffic management and safety\n\n8C Functions relating to traffic management and safety\n\n> > (1) The functions of TfNSW include the following—\n> > \n> > > (a) to review the traffic arrangements in the State (including arrangements in connection with the movement, regulation and control of traffic and the parking of vehicles),\n> > \n> > > (b) to formulate or adopt plans and proposals for the improvement of those arrangements,\n> > \n> > > (c) to establish general standards and principles in connection with—\n> > > \n> > > > (i) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, and\n> > > \n> > > > (ii) the design of intersections and the approaches to them or the approaches to railway level crossings,\n> > > \n> > > for purposes connected with traffic safety and the movement, regulation and control of traffic,\n> > \n> > > (d) to promote traffic safety,\n> > \n> > > (e) to co-ordinate the activities of public authorities so far as those activities relate to—\n> > > \n> > > > (i) the carrying out of plans and proposals formulated or adopted by TfNSW for the improvement of traffic arrangements, or\n> > > \n> > > > (ii) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, or\n> > > \n> > > > (iii) traffic safety, or\n> > > \n> > > > (iv) any other matter connected with TfNSW’s functions under this Part.\n> \n> > (2) TfNSW may—\n> > \n> > > (a) promote traffic safety measures or activities, including measures or activities for—\n> > > \n> > > > (i) the safety and protection of the public, including pedestrians, on roads or road related areas, and\n> > > \n> > > > (ii) the prevention of accidents on roads or road related areas, and\n> > > \n> > > > (iii) the minimising of the effect of accidents on roads or road related areas, and\n> > > \n> > > > (iv) the protection of property from damage from accidents on roads or road related areas, and\n> > \n> > > (b) promote or engage in the dissemination and publication by suitable media of advice and information resulting from research or otherwise for the education and guidance of, and observance by, drivers of or persons travelling in vehicles, or persons on roads or road related areas, or manufacturers of, repairers of, or dealers in, vehicles or vehicle parts, and\n> > \n> > > (c) make reports or recommendations to the Minister for Roads, or any other person or body, in relation to the following—\n> > > \n> > > > (i) traffic arrangements, and the movement, regulation and control of traffic, on roads or road related areas,\n> > > \n> > > > (ii) traffic planning,\n> > > \n> > > > (iii) traffic safety,\n> > > \n> > > > (iv) the parking of vehicles,\n> > > \n> > > > (v) the operation, maintenance or alteration of traffic control facilities,\n> > > \n> > > > (vi) any other matter connected with TfNSW’s functions under this Part, and\n> > \n> > > (d) carry out or promote research or investigations into matters connected with any of TfNSW’s functions under this Part including research or investigations into—\n> > > \n> > > > (i) traffic control facilities, and\n> > > \n> > > > (ii) the cause of accidents, their incidence and the ways and means that may be adopted for their prevention or for controlling or mitigating their effects.","sortOrder":427},{"sectionNumber":"8D","sectionType":"section","heading":"Functions relating to bus services safety","content":"#### 8D Functions relating to bus services safety\n\n8D Functions relating to bus services safety\n\n> > (1) TfNSW is to monitor the following matters relating to the safe operation of bus services—\n> > \n> > > (a) the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of bus services,\n> > \n> > > (b) the performance of owners or operators of bus services in connection with the safe operation of those services,\n> > \n> > > (c) the compliance by transport authorities with any safety management systems required to be implemented by them under any other Act or law or conditions of accreditation.\n> \n> > (2) TfNSW is to disseminate information to the public relating to the safety of bus services as TfNSW considers appropriate.\n> \n> > (3) In this section and clause 8E of Schedule 1—\n> > \n> > transport authority means—\n> > \n> > > (a) the State Transit Authority, or\n> > \n> > > (b) any other person or body prescribed by the regulations as a transport authority for the purposes of this definition.","sortOrder":428},{"sectionNumber":"8E","sectionType":"section","heading":"Auditing of transport authorities and owners and operators of bus services","content":"#### 8E Auditing of transport authorities and owners and operators of bus services\n\n8E Auditing of transport authorities and owners and operators of bus services\n\n> > (1) TfNSW may, for the purposes of exercising its functions relating to the safety of bus services, conduct audits of the compliance of transport authorities and owners or operators of bus services with requirements applicable to them under this or any other Act.\n> \n> > (2) Audits may be conducted on a periodic or other basis.","sortOrder":429},{"sectionNumber":"8F","sectionType":"section","heading":"Disclosure of information by TfNSW","content":"#### 8F Disclosure of information by TfNSW\n\n8F Disclosure of information by TfNSW\n\n> > (1) TfNSW may, if TfNSW thinks it necessary for the safe operation of a bus service, disclose information acquired by TfNSW in the performance of TfNSW’s functions under this or any other Act to any other person.\n> \n> > (2) TfNSW may, if TfNSW thinks it desirable for the promotion of the safe operation of a bus service, publish any information, including the report of a transport safety inquiry.\n> \n> > (3) A publication under subsection (2) must not identify a person by name.\n> \n> > (4) This section does not permit the disclosure of information in contravention of section 46E of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).","sortOrder":430},{"sectionNumber":"8G","sectionType":"section","heading":"Monitoring compliance with report recommendations","content":"#### 8G Monitoring compliance with report recommendations\n\n8G Monitoring compliance with report recommendations\n\n> > (1) TfNSW may monitor, and advise the Minister on, the compliance by transport authorities and operators providing bus services or ferry services with the recommendations of reports of investigations and inquiries into transport accidents or incidents involving the safety of bus services or ferry services, including reports of the following kinds—\n> > \n> > > (a) reports by the Chief Investigator,\n> > \n> > > (b) transport safety inquiry reports,\n> > \n> > > (c) reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,\n> > \n> > > (d) an inquest or inquiry under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (2) In this section—\n> > \n> > transport authority means—\n> > \n> > > (a) the State Transit Authority, or\n> > \n> > > (b) Sydney Ferries, or\n> > \n> > > (c) any other person or body prescribed by the regulations as a transport authority for the purposes of this section.","sortOrder":431},{"sectionNumber":"8H","sectionType":"section","heading":"Miscellaneous functions of TfNSW","content":"#### 8H Miscellaneous functions of TfNSW\n\n8H Miscellaneous functions of TfNSW\n\n> > (1) Without limiting any other functions conferred or imposed on it, TfNSW may—\n> > \n> > > (a) conduct any business, whether or not related to its activities under this or any other Act, and for that purpose use any property or the services of any staff of TfNSW, and\n> > \n> > > (b), (c) (Repealed)\n> > \n> > > (d) engage, by delegation or otherwise, the National Heavy Vehicle Regulator to carry out activities or exercise functions under this Act or another Act on its behalf, and\n> > \n> > > (e) exercise any functions conferred on TfNSW for the purposes of the Heavy Vehicle National Law (whether conferred by delegation under that Law or under an agreement entered into by TfNSW for that purpose).\n> \n> > (2) TfNSW may exercise its functions within or outside New South Wales.","sortOrder":432},{"sectionNumber":"8I","sectionType":"section","heading":"Directions to public authorities","content":"#### 8I Directions to public authorities\n\n8I Directions to public authorities\n\n> > (1) TfNSW may, from time to time, direct public authorities to implement plans or proposals formulated or adopted, general standards or general principles established, or other decisions made, by TfNSW in the exercise of TfNSW’s functions under this Part.\n> \n> > (2) TfNSW may communicate directions under this section to such public authorities, and in such manner, as it thinks fit.\n> \n> > (3) While a direction communicated to a public authority under this section and applicable to its functions is in force, it is the duty of the public authority, by the exercise of its functions in accordance with law, to comply with the direction, except if to do so—\n> > \n> > > (a) would be impracticable because of emergency, accident or other special circumstances, or\n> > \n> > > (b) would affect the functions of any person or body with respect to the laying or making of any information or complaint, the continuance or discontinuance of any proceedings for an alleged offence or any other manner of dealing with an alleged offence.\n> \n> > (4) The failure of a public authority to comply with a direction of TfNSW under this section does not invalidate any act, matter or thing to which the direction relates, and in particular does not invalidate the construction, erection, affixing or marking of any traffic control facility or any direction that is contained in or relates to the facility.\n> \n> > (5) A direction may be given under this section so as to apply generally or in any particular case or class of cases.\n> \n> > (6) The power to give a direction includes the power to amend or revoke a direction.\n> \n> > (7) TfNSW may bring proceedings in the Supreme Court for an order to require a public authority to comply with a direction under this section.\n> \n> > (8) The Supreme Court may, in any such proceedings, make such order as it thinks fit.","sortOrder":434},{"sectionNumber":"8J","sectionType":"section","heading":"Recommendations as to lighting of roads and road related areas","content":"#### 8J Recommendations as to lighting of roads and road related areas\n\n8J Recommendations as to lighting of roads and road related areas\n\n> > (1) TfNSW may, for the purpose of promoting traffic safety, make recommendations to a public authority in relation to the public authority’s functions in connection with the lighting of roads or road related areas, including recommendations in relation to the following—\n> > \n> > > (a) general principles relating to the provision of lighting on roads or road related areas,\n> > \n> > > (b) the need for lighting on any particular road or road related area or part of a road or road related area,\n> > \n> > > (c) the need for the improvement of lighting on any particular road or road related area or part of a road or road related area.\n> \n> > (2) It is the duty of a public authority to which recommendations are made under this section to give them proper consideration and, as far as may be reasonably practicable, to carry them into effect.","sortOrder":435},{"sectionNumber":"8K","sectionType":"section","heading":"Inter-relationship of Division with law relating to local government","content":"#### 8K Inter-relationship of Division with law relating to local government\n\n8K Inter-relationship of Division with law relating to local government\n\n> > (1) If the provisions of this Division are inconsistent with the provisions of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) (or any statutory rule made under any Act), the provisions of this Division prevail.\n> \n> > (2) Nothing in this Division applies to or in respect of any sign, mark, structure or device containing or relating to a requirement or direction, contravention of which gives rise to an offence under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) (or any regulation under that Act), but not under any other Act or regulation.\n> \n> > (3) Any person who or body which would not, but for this subsection, have the power to co-operate with, or do or perform any act or thing in conjunction with, TfNSW is authorised by this section so to co-operate or do or perform the act or thing.","sortOrder":436},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Active transport and public spaces functions","content":"# Part 2B Active transport and public spaces functions\n\nPart 2B Active transport and public spaces functions","sortOrder":437},{"sectionNumber":"8L","sectionType":"section","heading":"Definition","content":"#### 8L Definition\n\n8L Definition\n\n> In this part—\n> \n> active transport and activation purpose includes the following purposes—\n> \n> > (a) to promote and enable active transport,\n> \n> > (b) to promote mode shifting to active transport from other modes of transport,\n> \n> > (c) to improve the activation and accessibility of public spaces.","sortOrder":438},{"sectionNumber":"8M","sectionType":"section","heading":"Active transport and activation development, conduct, implementation, co-ordination and evaluation","content":"#### 8M Active transport and activation development, conduct, implementation, co-ordination and evaluation\n\n8M Active transport and activation development, conduct, implementation, co-ordination and evaluation\n\n> TfNSW may do the following for an active transport and activation purpose—\n> \n> > (a) develop, conduct, implement and coordinate programs, projects, strategies and campaigns,\n> \n> > (b) develop, implement and co-ordinate plans and proposals,\n> \n> > (c) conduct and coordinate activities,\n> \n> > (d) allocate resources,\n> \n> > (e) develop and implement new technology,\n> \n> > (f) evaluate the matters referred to in paragraphs (a)–(e).","sortOrder":439},{"sectionNumber":"8N","sectionType":"section","heading":"Advice and assistance to public and local authorities","content":"#### 8N Advice and assistance to public and local authorities\n\n8N Advice and assistance to public and local authorities\n\n> TfNSW may provide advice and assistance to public and local authorities for an active transport and activation purpose.","sortOrder":440},{"sectionNumber":"8O","sectionType":"section","heading":"Advice and assistance to Minister","content":"#### 8O Advice and assistance to Minister\n\n8O Advice and assistance to Minister\n\n> TfNSW may provide advice and assistance, and make recommendations, to the Minister in connection with an active transport and activation purpose.","sortOrder":441},{"sectionNumber":"8P","sectionType":"section","heading":"Grants schemes and partnerships","content":"#### 8P Grants schemes and partnerships\n\n8P Grants schemes and partnerships\n\n> TfNSW may, with the approval of the Minister, administer schemes for the making of grants, or enter into partnerships, for an active transport and activation purpose.","sortOrder":442},{"sectionNumber":"9A","sectionType":"section","heading":"Power to appoint agents and act as agent","content":"#### 9A Power to appoint agents and act as agent\n\n9A Power to appoint agents and act as agent\n\n> TfNSW may appoint agents and act as agent for other persons.","sortOrder":445},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to Chief Executives","content":"# Schedule 2 Provisions relating to Chief Executives\n\nSchedule 2 Provisions relating to Chief Executives\n\n(Sections 15(2), 27(3), 35J(2))\n\n**sch 2:** Am 1989 No 105, Sch 1; 1996 No 56, Sch 1 \\[53\\] \\[54\\]; 1998 No 8, Sch 1 \\[17\\]; 2003 No 96, Sch 1 \\[66\\]; 2008 No 98, Schs 1.1 \\[24\\]–\\[26\\], 3.1 \\[21\\] \\[22\\]; 2010 No 31, Sch 7.1 \\[56\\]–\\[58\\]; 2011 No 41, Schs 1 \\[7\\], 3.1 \\[20\\], 4.1 \\[19\\]; 2013 No 40, Sch 6.10 \\[1\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2017 No 12, Schs 1.1\\[49\\], 2.1\\[36\\]; 2018 No 18, Sch 1 \\[33\\] \\[34\\]; 2019 No 19, Sch 1\\[33\\] \\[34\\]; 2024 No 58, Sch 1.2\\[34\\] \\[35\\]; 2024 No 95, Sch 1\\[24\\].","sortOrder":451},{"sectionNumber":"1A","sectionType":"section","heading":"Employment of Chief Executives","content":"#### 1A Employment of Chief Executives\n\n1A Employment of Chief Executives\n\n> > (1) A Chief Executive is to be employed in the Transport Service under Part 7A of this Act.\n> \n> > (2) A Chief Executive holding office immediately before the substitution of this clause by the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) is, on that substitution, taken to be employed in the Transport Service on the same terms and conditions as applied to the Chief Executive immediately before that substitution.","sortOrder":453},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Chief Investigator of Office of Transport Safety Investigations","content":"# Schedule 2A Chief Investigator of Office of Transport Safety Investigations\n\nSchedule 2A Chief Investigator of Office of Transport Safety Investigations\n\n(Section 45(2))\n\n**sch 2A, hdg:** Ins 2003 No 65, Sch 1 \\[32\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2012 No 82, Sch 2.13 \\[30\\]. Ins 2014 No 33, Sch 3.32 \\[17\\]. Am 2017 No 4, Sch 1 \\[13\\].\n\n**sch 2A:** Ins 2003 No 65, Sch 1 \\[32\\]. Am 2010 No 31, Sch 6.1 \\[3\\]. Rep 2012 No 82, Sch 2.13 \\[30\\]. Ins 2014 No 33, Sch 3.32 \\[17\\]. Am 2017 No 4, Sch 1 \\[14\\]–\\[21\\].","sortOrder":457},{"sectionNumber":"Schedule 2B","sectionType":"schedule","heading":"Constitution and procedure of Sydney Metro Board","content":"# Schedule 2B Constitution and procedure of Sydney Metro Board\n\nSchedule 2B Constitution and procedure of Sydney Metro Board\n\n**sch 2B:** Ins 2008 No 115, Sch 1 \\[21\\]. Rep 2010 No 31, Sch 4.1 \\[10\\]. Ins 2018 No 18, Sch 1 \\[35\\].","sortOrder":465},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Provisions relating to Transport Advisory Board","content":"# Schedule 3 Provisions relating to Transport Advisory Board\n\nSchedule 3 Provisions relating to Transport Advisory Board\n\n**sch 3, hdg:** Subst 1996 No 56, Sch 1 \\[55\\]; 2003 No 65, Sch 1 \\[33\\]. Am 2010 No 31, Sch 7.1 \\[59\\].\n\n**sch 3:** Am 1991 No 17, Sch 1; 1991 No 94, Sch 1; 1996 No 56, Sch 1 \\[56\\]–\\[61\\]; 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2003 No 65, Sch 1 \\[33\\]–\\[37\\]; 2010 No 31, Sch 7.1 \\[60\\]–\\[64\\]; 2011 No 41, Sch 1 \\[54\\]; 2014 No 33, Sch 3.32 \\[18\\] \\[19\\].","sortOrder":485},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Transfer of assets, rights and liabilities","content":"# Schedule 4 Transfer of assets, rights and liabilities\n\nSchedule 4 Transfer of assets, rights and liabilities\n\n**sch 4, hdg:** Rep 1993 No 50, Sch 3. Ins 1996 No 56, Sch 1 \\[62\\]. Am 2003 No 65, Sch 1 \\[38\\].\n\n**sch 4:** Am 1989 No 58, sec 40 (b); 1990 No 96, Sch 5. Rep 1993 No 50, Sch 3. Ins 1996 No 56, Sch 1 \\[62\\]. Am 1998 No 8, Sch 1 \\[18\\] \\[19\\] (am 1998 No 54, Sch 2.36 \\[1\\]); 2000 No 89, Sch 2.1 \\[33\\]; 2003 No 65, Sch 1 \\[39\\]–\\[41\\]; 2003 No 96, Sch 1 \\[67\\]–\\[71\\]; 2003 No 99, Sch 1 \\[18\\]; 2004 No 31, Sch 1 \\[21\\]; 2006 No 5, Sch 1 \\[4\\]; 2008 No 115, Sch 1 \\[22\\]–\\[24\\]; 2010 No 31, Schs 5.1 \\[2\\], 7.1 \\[65\\] \\[66\\]; 2011 No 41, Sch 1 \\[55\\]; 2017 No 4, Sch 1 \\[22\\]; 2017 No 12, Schs 1.1\\[50\\]–\\[53\\], 2.1\\[37\\] \\[38\\]; 2021 No 9, Sch 2\\[4\\]; 2024 No 58, Sch 1.2\\[36\\]–\\[38\\]; 2025 No 66, Sch 2.1\\[29\\].","sortOrder":501},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Extended leave for certain staff","content":"# Schedule 5 Extended leave for certain staff\n\nSchedule 5 Extended leave for certain staff\n\n**sch 5, hdg:** Am 2003 No 65, Sch 1 \\[42\\]; 2006 No 2, Sch 4.75 \\[5\\].\n\n**sch 5:** Am 1996 No 56, Sch 1 \\[63\\]–\\[65\\]; 1996 No 121, Sch 4.60 \\[1\\]–\\[3\\] (am 1997 No 55, Sch 2.17 \\[2\\]); 2002 No 73, Sch 1.26 \\[1\\]–\\[3\\]; 2003 No 65, Sch 1 \\[43\\]; 2005 No 85, Sch 2.9 \\[1\\] \\[2\\]; 2006 No 2, Sch 4.75 \\[6\\]; 2006 No 58, Sch 1.38 \\[6\\]; 2008 No 115, Sch 1 \\[25\\]; 2010 No 19, Sch 3.115; 2010 No 31, Sch 7.1 \\[67\\] \\[68\\]; 2011 No 41, Schs 1 \\[7\\], 3.1 \\[21\\], 4.1 \\[20\\]; 2012 No 95, Sch 2.39 \\[5\\]; 2013 No 111, Sch 1.13 \\[6\\]; 2014 No 33, Sch 3.32 \\[20\\] \\[21\\]; 2017 No 12, Schs 1.1\\[54\\], 2.1\\[39\\].","sortOrder":516},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6 (Repealed)\n\n**sch 6, hdg:** Rep 1992 No 57, Sch 1. Ins 1996 No 56, Sch 1 \\[66\\]. Subst 2002 No 96, Sch 7.6 \\[6\\].\n\n**sch 6:** Rep 1992 No 57, Sch 1. Ins 1996 No 56, Sch 1 \\[66\\]. Am 1998 No 8, Sch 1 \\[20\\]; 2000 No 89, Sch 2.1 \\[34\\]–\\[36\\]; 2002 No 96, Sch 7.6 \\[7\\]–\\[16\\]; 2003 No 65, Sch 1 \\[44\\]–\\[52\\]; 2003 No 96, Sch 1 \\[72\\]–\\[84\\]; 2004 No 55, Sch 1.42 \\[4\\]; 2007 No 22, Sch 4 \\[6\\]; 2008 No 98, Sch 1.1 \\[27\\]–\\[33\\]. Rep 2010 No 31, Sch 7.1 \\[69\\].","sortOrder":522},{"sectionNumber":"Schedule 6A","sectionType":"schedule","heading":"Powers relating to rail infrastructure facilities and land","content":"# Schedule 6A Powers relating to rail infrastructure facilities and land\n\nSchedule 6A Powers relating to rail infrastructure facilities and land\n\n(Section 98)\n\n**sch 6A, hdg:** Ins 1996 No 56, Sch 1 \\[67\\]. Am 2000 No 89, Sch 2.1 \\[37\\]; 2003 No 96, Sch 1 \\[85\\].\n\n**sch 6A:** Ins 1996 No 56, Sch 1 \\[67\\]. Am 2000 No 89, Sch 2.1 \\[38\\] \\[39\\]; 2001 No 56, Sch 2.44 \\[2\\]; 2001 No 131, Sch 1 \\[16\\] \\[17\\]; 2002 No 96, Sch 7.6 \\[1\\]; 2003 No 96, Sch 1 \\[86\\]–\\[173\\]; 2004 No 31, Sch 1 \\[22\\]–\\[109\\]; 2007 No 22, Sch 4 \\[7\\]; 2008 No 97, Sch 4.7 \\[19\\]; 2008 No 115, Sch 1 \\[26\\]–\\[29\\]; 2010 No 31, Schs 2.1 \\[1\\] \\[11\\] \\[12\\], 3.1 \\[9\\]–\\[12\\], 4.1 \\[11\\]–\\[13\\], 6.1 \\[3\\], 7.1 \\[32\\]; 2010 No 119, Sch 2.40; 2011 No 41, Schs 1 \\[7\\] \\[10\\] \\[56\\]–\\[60\\], 3.1 \\[22\\]–\\[25\\], 4.1 \\[21\\]–\\[25\\]; 2012 No 82, Sch 2.13 \\[31\\]; 2014 No 33, Sch 3.32 \\[1\\]; 2017 No 4, Sch 1 \\[23\\] \\[24\\]; 2017 No 12, Schs 1.1\\[55\\]–\\[63\\], 2.1\\[40\\]–\\[46\\]; 2018 No 18, Sch 1 \\[36\\]–\\[40\\]; 2019 No 19, Sch 1\\[6\\]; 2024 No 58, Sch 1.2\\[39\\]–\\[43\\]; 2025 No 66, Schs 1\\[3\\] \\[4\\], 2.1\\[30\\] \\[31\\].","sortOrder":523},{"sectionNumber":"1B","sectionType":"section","heading":"TfNSW’s rail infrastructure facilities","content":"#### 1B TfNSW’s rail infrastructure facilities\n\n1B TfNSW’s rail infrastructure facilities\n\n> > (1) TfNSW is the owner of all rail infrastructure facilities installed in or on land, in or on rivers and other waterways and in or on the beds of rivers and waterways by TfNSW and of all rail infrastructure facilities vested in or transferred to TfNSW (whether or not the place on which the facilities are situated is owned by TfNSW).\n> \n> > (2) This clause does not apply to rail infrastructure facilities transferred to TAM, Sydney Metro, Sydney Trains or NSW Trains.","sortOrder":526},{"sectionNumber":"2C","sectionType":"section","heading":"Changes in ownership of rail infrastructure facilities arising from changes to areas","content":"#### 2C Changes in ownership of rail infrastructure facilities arising from changes to areas\n\n2C Changes in ownership of rail infrastructure facilities arising from changes to areas\n\n> > (1) If, as a result of a replacement or an alteration of the metropolitan rail area map under section 3A, rail infrastructure facilities are transferred from the metropolitan rail area to the country rail area or from the country rail area to the metropolitan rail area—\n> > \n> > > (a) the rail infrastructure facilities (and any associated assets, rights and liabilities) vest in the owner of rail infrastructure facilities in the area to which the rail infrastructure facilities are transferred (the new owner) on the day the notice is published in the Gazette under that section, or on such later day as may be specified in the notice (the transfer day), and\n> > \n> > > (b) all proceedings relating to the rail infrastructure facilities (and any associated assets, rights and liabilities) commenced before the transfer day by or against the original owner or a predecessor of the original owner and pending immediately before the transfer day are taken to be proceedings pending by or against the new owner, and\n> > \n> > > (c) any act, matter or thing done or omitted to be done in relation to the rail infrastructure facilities (and any associated assets, rights and liabilities) before the transfer day by, to or in respect of the original owner is (to the extent that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the new owner, and\n> > \n> > > (d) a reference in any Act, in any instrument made under any Act or in any instrument of any kind to the original owner is (to the extent that it relates to the rail infrastructure facilities), but subject to the regulations, to be read as or including a reference to the new owner.\n> \n> > (2) The Minister may, by order in writing, declare that a specified right, asset or liability is not vested in the new owner by the operation of this clause.\n> \n> > (3) The operation of section 3A(2) and this clause is not to be regarded—\n> > \n> > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the rail infrastructure facilities, or\n> > \n> > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any rights or liabilities of the original owner.\n> \n> > (4) For the purposes of subclause (1)(a), TAM is taken to be the owner of rail infrastructure facilities in the metropolitan rail area and TfNSW is taken to be the owner of rail infrastructure facilities in the country rail area.\n> \n> > (5) This clause is subject to any interest of TfNSW in rail infrastructure facilities in the metropolitan rail area.\n> \n> > (6) Without limiting subclause (3), that subclause extends to an ARTC lease or licence.","sortOrder":530},{"sectionNumber":"2CA","sectionType":"section","heading":null,"content":"#### 2CA\n\n2CA (Repealed)","sortOrder":531},{"sectionNumber":"2D","sectionType":"section","heading":"General powers","content":"#### 2D General powers\n\n2D General powers\n\n> > (1) An owner may, subject to this Act and the current NSW rail access undertaking, sell or otherwise deal with rail infrastructure facilities that it owns.\n> \n> > (2) In this clause, owner, in relation to rail infrastructure facilities TfNSW owns that are subject to an ARTC lease or licence, includes TfNSW and ARTC.\n> \n> > (3) The powers conferred on ARTC by this clause are subject to Part 8A of the Act.\n> > \n> > Note.\n> > \n> > Restrictions on ARTC relating to selling or otherwise dealing with rail infrastructure facilities are contained in Part 8A of the Act.","sortOrder":532},{"sectionNumber":"2E","sectionType":"section","heading":"Powers relating to railway land, railway buildings and rail infrastructure facilities","content":"#### 2E Powers relating to railway land, railway buildings and rail infrastructure facilities\n\n2E Powers relating to railway land, railway buildings and rail infrastructure facilities\n\n> > (1) An infrastructure owner or a building owner may, subject to this Act, inspect, operate, repair, replace, maintain, remove, extend, expand, alter, connect, disconnect, improve or do any other thing that is necessary or appropriate to any of its rail infrastructure facilities or railway buildings that are situated on railway land or on or in a railway building or rail infrastructure facility to ensure that, in the opinion of the owner, the rail infrastructure facilities or railway buildings are established, held and managed in an efficient, safe and reliable manner.\n> \n> > (2) Subclause (1) does not permit ARTC to extend or expand rail infrastructure facilities.","sortOrder":533},{"sectionNumber":"13A","sectionType":"section","heading":"Acquisition of rail infrastructure facilities","content":"#### 13A Acquisition of rail infrastructure facilities\n\n13A Acquisition of rail infrastructure facilities\n\n> > (1) A rail authority may acquire rail infrastructure facilities for purposes that are consistent with its objectives.\n> \n> > (2) Rail infrastructure facilities that a rail authority is authorised to acquire under this clause may be acquired by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (as applied by this clause) for the purposes referred to in subclause (1).\n> \n> > (3) The [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) applies with the following modifications—\n> > \n> > > (a) a reference in that Act to land includes a reference to rail infrastructure facilities and any interest in such facilities,\n> > \n> > > (b) a reference in that Act to the owner of land includes a reference to the owner of rail infrastructure facilities or any person who has an interest in rail infrastructure facilities,\n> > \n> > > (c) sections 6, 7A, 7B, 12(1)(a), (4) and (5), 17 and 18, Division 3 of Part 2, sections 29, 31(5), 37A, 55(e) and (f), 60 and 62 of that Act do not apply.\n> \n> > (4) Sydney Trains and NSW Trains may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Transport Secretary.\n> \n> > (4A) TAM may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Minister.\n> \n> > (5) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition is taken to be for an authorised work and the rail authority is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (6) Part 3 and section 91 (b) of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of an acquisition under this clause.\n> \n> > (7) Despite the exclusion by subclause (6) of the provisions of section 91(b) of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) in respect of works constructed for the purpose referred to in this clause, a rail authority at its discretion maintains such fences in connection with the works as it thinks fit.\n> \n> > (8) This clause applies in respect of rail infrastructure facilities severed from the land by operation of this Act or any other law.\n> \n> > (9) In this clause, rail authority means TAM, Sydney Metro, Sydney Trains, NSW Trains or TfNSW.","sortOrder":545},{"sectionNumber":"13B","sectionType":"section","heading":"Access to station facilities","content":"#### 13B Access to station facilities\n\n13B Access to station facilities\n\n> > (1) An owner of station facilities is entitled to have access across railway land or other land adjacent to the station facilities to those facilities for the purposes of carrying out its railway operations, including the movement of passengers and freight.\n> \n> > (2) An owner of station facilities may grant access across any such land to passengers and other persons for the purposes of passenger access and access to its railway operations.\n> \n> > (3) A person who has a right of access under this clause is not required to comply with any other requirement of this Schedule relating to access to the land concerned.","sortOrder":546},{"sectionNumber":"13C","sectionType":"section","heading":"Access to railway land by roads authorities and to roads by rail authorities","content":"#### 13C Access to railway land by roads authorities and to roads by rail authorities\n\n13C Access to railway land by roads authorities and to roads by rail authorities\n\n> > (1) This clause applies—\n> > \n> > > (a) to the exercise by a roads authority, TfNSW or an authorised officer of a roads authority or TfNSW of a power under any Act or law to enter, use or occupy railway land, a railway building or rail infrastructure facilities for the purposes of carrying out road works, and\n> > \n> > > (b) to the exercise by a rail authority of a power under any Act or law to enter, use or occupy a public road.\n> \n> > (2) The following provisions apply to the exercise of a power to which this clause applies—\n> > \n> > > (a) the authority exercising the power is required to pay compensation to the affected authority in respect of the following matters arising from the exercise of the power but is not required to pay any other compensation to the affected authority—\n> > > \n> > > > (i) damage caused to a building or structure of the affected authority (being compensation for an amount not exceeding the value of the building or structure),\n> > > \n> > > > (ii) expenses necessarily incurred by the affected authority to ensure that the power is exercised safely,\n> > \n> > > (b) the affected authority must facilitate the exercise of the power by the authority exercising the power,\n> > \n> > > (c) the authority exercising the power must do all things that are reasonably practicable to minimise disruption to or closure of rail services, railway lines or roads.\n> \n> > (3) This clause has effect despite this Act, the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or any other Act or law.\n> \n> > (4) In this clause—\n> > \n> > affected authority means the roads authority (including TfNSW) or rail authority that owns or manages or controls the public road, land, railway building or rail infrastructure facilities subject to the exercise of the power to which this clause applies.\n> \n> > (5) Words and expressions used in this clause have the same meanings as they have in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).","sortOrder":547},{"sectionNumber":"Schedule 6AA","sectionType":"schedule","heading":"Access undertakings","content":"# Schedule 6AA Access undertakings\n\nSchedule 6AA Access undertakings\n\n(Section 99C(5))\n\n**sch 6AA, hdg:** Ins 2001 No 131, Sch 1 \\[18\\]. Am 2003 No 96, Sch 1 \\[174\\].\n\n**sch 6AA:** Ins 2001 No 131, Sch 1 \\[18\\]. Am 2002 No 96, Sch 7.6 \\[1\\]; 2003 No 96, Sch 1 \\[175\\]–\\[180\\]; 2004 No 31, Sch 1 \\[110\\]; 2008 No 97, Sch 4.7 \\[20\\]; 2012 No 82, Sch 2.13 \\[32\\]; 2014 No 88, Sch 2.69.","sortOrder":551},{"sectionNumber":"Schedule 6B","sectionType":"schedule","heading":"Special provisions for underground rail facilities","content":"# Schedule 6B Special provisions for underground rail facilities\n\nSchedule 6B Special provisions for underground rail facilities\n\n(Section 97)\n\n**sch 6B:** Ins 2000 No 38, Sch 1 \\[4\\]. Am 2000 No 89, Sch 2.1 \\[39\\]; 2003 No 96, Sch 1 \\[181\\] \\[182\\]; 2004 No 31, Sch 1 \\[111\\] \\[112\\]; 2008 No 115, Sch 1 \\[30\\]; 2009 No 17, Sch 3.19; 2010 No 31, Sch 4.1 \\[14\\]; 2010 No 42, Sch 3.19; 2011 No 41, Schs 1 \\[10\\], 3.1 \\[26\\], 4.1 \\[26\\]; 2017 No 12, Schs 1.1\\[64\\], 2.1\\[47\\]; 2018 No 18, Sch 1 \\[41\\]; 2024 No 58, Sch 1.2\\[44\\].","sortOrder":561},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 7 Savings, transitional and other provisions\n\nSchedule 7 Savings, transitional and other provisions\n\n(Section 120)\n\n**sch 7:** Am 1992 No 35, Sch 3; 1996 No 56, Sch 1 \\[68\\]–\\[72\\]; 1996 No 128, Sch 1 \\[12\\] \\[13\\]; 1997 No 115, Sch 4.26 \\[3\\]; 1998 No 8, Sch 1 \\[21\\]–\\[23\\] \\[24\\] (am 1998 No 54, Sch 2.36 \\[2\\]–\\[6\\]); 1998 No 170, Sch 4.12 \\[1\\] \\[2\\]; 1999 No 19, Sch 2.49 \\[7\\] \\[8\\]; 2000 No 89, Schs 1 \\[1\\] \\[2\\], 2.1 \\[40\\]–\\[42\\]; 2000 No 109, Sch 2.7 \\[7\\]; 2001 No 35, Sch 3.7 \\[9\\]; 2001 No 131, Sch 1 \\[19\\] \\[20\\]; 2002 No 96, Sch 7.6 \\[17\\]; 2003 No 65, Sch 1 \\[53\\]–\\[55\\]; 2003 No 96, Sch 1 \\[183\\] \\[184\\]; 2003 No 99, Sch 1 \\[19\\] \\[20\\]; 2004 No 31, Sch 1 \\[113\\] \\[114\\]; 2004 No 54, Sch 2.4 \\[2\\]; 2005 No 55, Sch 1 \\[17\\] \\[18\\]; 2006 No 5, Sch 1 \\[5\\]; 2006 No 65, Sch 1 \\[3\\] \\[4\\]; 2007 No 22, Sch 4 \\[8\\] \\[9\\]; 2008 No 97, Sch 4.7 \\[21\\]; 2008 No 98, Schs 1.1 \\[34\\]–\\[36\\], 3.1 \\[23\\]; 2008 No 115, Sch 1 \\[31\\] \\[32\\]; 2010 No 31, Sch 7.1 \\[70\\]–\\[72\\]; 2011 No 41, Schs 1 \\[61\\] \\[62\\], 3.1 \\[27\\], 4.1 \\[27\\]; 2012 No 70, Sch 1 \\[2\\]; 2012 No 82, Sch 2.13 \\[33\\] \\[34\\]; 2013 No 40, Sch 6.10 \\[2\\]; 2013 No 47, Sch 2.32; 2014 No 88, Sch 2.69; 2015 No 32, sec 3; 2016 No 2, Sch 4 \\[2\\]; 2016 No 3, Sch 1 \\[4\\]; 2017 No 4, Sch 1 \\[25\\]; 2017 No 12, Schs 1.1\\[65\\] \\[66\\], 2.1\\[48\\]; 2017 No 34, cl 3; 2017 (291), Sch 1 \\[1\\] \\[2\\]; 2018 No 18, Sch 1 \\[42\\]; 2019 No 19, Sch 1\\[35\\]; 2020 No 28, cl 3; 2020 No 30, Sch 2.39; 2021 No 9, Sch 2\\[5\\]; 2023 No 26, Sch 6.3; 2024 No 58, Sch 1.3; 2024 No 95, Sch 1\\[25\\]; 2025 No 66, Schs 2.1\\[32\\], 3.1\\[4\\].","sortOrder":570},{"sectionNumber":"18","sectionType":"section","heading":"Saving of penalty notices","content":"#### 18 Saving of penalty notices\n\n18 Saving of penalty notices\n\n> Section 75 of the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103) shall, after the repeal of that section, continue to apply to a penalty notice served under that section before its repeal.","sortOrder":593},{"sectionNumber":"19","sectionType":"section","heading":"Saving of SRA and UTA orders fixing fares etc","content":"#### 19 Saving of SRA and UTA orders fixing fares etc\n\n19 Saving of SRA and UTA orders fixing fares etc\n\n> An order made under section 71 of the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103) and in force immediately before the repeal of that section shall be taken to be an order under section 85.","sortOrder":594},{"sectionNumber":"26","sectionType":"section","heading":"Commissioner and Assistant Commissioner for Motor Transport","content":"#### 26 Commissioner and Assistant Commissioner for Motor Transport\n\n26 Commissioner and Assistant Commissioner for Motor Transport\n\n> A person who, immediately before the repeal of the [Transport (Division of Functions) Further Amendment Act 1952](/view/pdf/asmade/act-1952-24), held office as the Commissioner or Assistant Commissioner for Motor Transport—\n> \n> > (a) ceases to hold that office, and\n> \n> > (b) is not entitled to any remuneration or compensation because of the loss of that office, but is entitled to be appointed on the repeal of that Act to a position in the service of the Government not lower in salary than the salary payable to the person as Commissioner or Assistant Commissioner immediately before the repeal of that Act.","sortOrder":602},{"sectionNumber":"33","sectionType":"section","heading":"Saving of shared traffic zone under General Traffic Act 1900","content":"#### 33 Saving of shared traffic zone under General Traffic Act 1900\n\n33 Saving of shared traffic zone under General Traffic Act 1900\n\n> A shared traffic zone designated under the General Traffic Act 1900 by a notice in force immediately before the repeal of that Act shall be taken to have been designated under section 3B of the [Traffic Act 1909](/view/html/repealed/current/act-1909-005).","sortOrder":609},{"sectionNumber":"34","sectionType":"section","heading":"Saving of public passenger vehicles registered under Transport Act 1930","content":"#### 34 Saving of public passenger vehicles registered under Transport Act 1930\n\n34 Saving of public passenger vehicles registered under [Transport Act 1930](/view/pdf/asmade/act-1930-18)\n\n> A public passenger vehicle registered under the [Transport Act 1930](/view/pdf/asmade/act-1930-18) immediately before the repeal of that Act shall be taken to have been registered under the [Traffic Act 1909](/view/html/repealed/current/act-1909-005).","sortOrder":610},{"sectionNumber":"40","sectionType":"section","heading":"Transport Appeal Court","content":"#### 40 Transport Appeal Court\n\n40 Transport Appeal Court\n\n> An appeal pending before the Transport Appeal Court immediately before the repeal of section 167 of the [Transport Act 1930](/view/pdf/asmade/act-1930-18) shall be taken to be an appeal pending before the District Court and may be heard and disposed of accordingly.","sortOrder":617},{"sectionNumber":"41","sectionType":"section","heading":"Superseded references","content":"#### 41 Superseded references\n\n41 Superseded references\n\n> > (1) In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference to (or required immediately before the commencement of this clause to be read as a reference to)—\n> > \n> > > (a) the Urban Transit Authority shall be read as a reference to the State Transit Authority, and\n> > \n> > > (b) The Commissioner for Main Roads shall be read as a reference to the Roads and Traffic Authority, and\n> > \n> > > (c) The Commissioner for Motor Transport shall be read as a reference to the Roads and Traffic Authority, and\n> > \n> > > (d) the Traffic Authority shall be read as a reference to the Roads and Traffic Authority, and\n> > \n> > > (e) the Railway Workshops Board shall be read as a reference to the State Rail Authority.\n> \n> > (2) In any other Act, or in any instrument made under any Act or in any other document of any kind, a reference required immediately before the commencement of this Act to be read as a reference to the State Rail Authority or the Chief Executive of that Authority shall continue to be read as a reference to that Authority or that Chief Executive, as the case may be.","sortOrder":619},{"sectionNumber":"42","sectionType":"section","heading":"Enforcement of judgments against staff of Authorities","content":"#### 42 Enforcement of judgments against staff of Authorities\n\n42 Enforcement of judgments against staff of Authorities\n\n> Anything done or omitted under section 77 of the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103) or section 11 of the [State Roads Act 1986](/view/pdf/asmade/act-1986-85) shall be taken to have been done or omitted under the [Attachment of Wages Limitation Act 1957](/view/html/repealed/current/act-1957-028).","sortOrder":620},{"sectionNumber":"46","sectionType":"section","heading":"Saving of certain workers compensation entitlements","content":"#### 46 Saving of certain workers compensation entitlements\n\n46 Saving of certain workers compensation entitlements\n\n> > (1) In this clause, former provisions means—\n> > \n> > > (a) Schedule 5 to the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103), and\n> > \n> > > (b) sections 124–124C of the [Transport Act 1930](/view/pdf/asmade/act-1930-18).\n> \n> > (2) The former provisions continue to apply to and in respect of a member of the staff of an Authority, but only if—\n> > \n> > > (a) the member is incapacitated for work (whether totally or partially), and\n> > \n> > > (b) that incapacity results solely from an injury received before the repeal of those provisions.\n> \n> > (3) If—\n> > \n> > > (a) the Authority which employs any such partially incapacitated member of staff offers that member employment for which that member is fit (whether or not of the same classification or kind as that in which that member was engaged before becoming incapacitated), and\n> > \n> > > (b) that member refuses or fails to accept that offer of employment,\n> > \n> > the former provisions cease to apply to and in respect of that member on such date as the Authority notifies that member.\n> \n> > (4) A member of staff of an Authority in respect of whom the former provisions have ceased to apply—\n> > \n> > > (a) is entitled to compensation (if any) under the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), and\n> > \n> > > (b) is not precluded from any entitlement to compensation or damages against the Authority merely because that member did not elect to make a claim against the Authority for compensation or damages within the time prescribed by the former provisions.\n> \n> > (5) In the application of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) to a member of staff referred to in subclause (4) a period of incapacity before the repeal of the former provisions shall be regarded as a period of incapacity under that Act.\n> \n> > (6) The provisions of clause 5 of Schedule 5 to the [Transport Authorities Act 1980](/view/pdf/asmade/act-1980-103) and section l24B of the [Transport Act 1930](/view/pdf/asmade/act-1930-18) shall, in their application to a person to whom those provisions continue to apply, be read as if the period during which the person may elect to make a claim for compensation or damages were extended until the date that is 12 months after the repeal of the former provisions.\n> \n> > (7) The workers compensation commissioners have the same jurisdiction to hear and determine matters arising under this clause as they have for matters arising under the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> \n> > (8) The provisions of Divisions 4 and 5 of Part 4 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and the provisions of the [Compensation Court Act 1984](/view/html/repealed/current/act-1984-089) apply to proceedings under this clause.","sortOrder":624},{"sectionNumber":"47","sectionType":"section","heading":"Definitions","content":"#### 47 Definitions\n\n47 Definitions\n\n> In this Part—\n> \n> amending Act means the [Transport Administration Amendment (Rail Corporatisation and Restructuring) Act 1996](/view/pdf/asmade/act-1996-56).\n> \n> former SRA officer means a person who was a member of the staff of the SRA immediately before 1 July 1996 and who, after that date, is transferred to a Rail Corporation or the RSA by an order made under Schedule 6.\n> \n> RAC means Rail Access Corporation as constituted under section 19C immediately before the amendment of that section by Schedule 2.1 to the [Transport Administration Amendment (Rail Management) Act 2000](/view/html/repealed/current/act-2000-089).\n> \n> rail business means a Rail Corporation (other than Rail Services Australia), the RSA or the SRA.\n> \n> RSA means the Railway Services Authority as constituted under section 19U immediately before the repeal of that section by the [Transport Administration Amendment (Railway Services Authority Corporatisation) Act 1998](/view/html/repealed/current/act-1998-008).","sortOrder":626},{"sectionNumber":"48","sectionType":"section","heading":"Chief executive officers of Rail Corporations","content":"#### 48 Chief executive officers of Rail Corporations\n\n48 Chief executive officers of Rail Corporations\n\n> > (1) Despite section 19R(1), on the commencement of that subsection and this clause—\n> > \n> > > (a) the holder of the senior executive position of Director, Planning and Access in the SRA becomes, and is taken to be appointed as, the chief executive officer of RAC for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, Director, Planning and Access with the SRA, and\n> > \n> > > (b) the holder of the senior executive position of Group General Manager, Freight Rail in the SRA becomes, and is taken to be appointed as, the chief executive officer of FRC for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, Group General Manager, Freight Rail with the SRA.\n> \n> > (2) Despite subclause (1), a person who is the holder of an executive position under Part 2A of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033) referred to in that subclause is not entitled to exercise a right to return to the public sector or to seek the benefit of section 42R or 42S of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033)—\n> > \n> > > (a) on ceasing, on the commencement of this clause, to hold that position, or\n> > \n> > > (b) on ceasing to be employed with a Rail Corporation.\n> \n> > (3) The other provisions of section 19R apply to a chief executive officer taken to be appointed in accordance with this clause.","sortOrder":627},{"sectionNumber":"49","sectionType":"section","heading":"Chief executive officer of RSA","content":"#### 49 Chief executive officer of RSA\n\n49 Chief executive officer of RSA\n\n> > (1) Despite section 19Y(1), on the commencement of that subsection and this clause, the holder of the senior executive position of General Manager, Railway Services in the SRA becomes, and is taken to be appointed as, the chief executive officer of the RSA for the residue of the holder’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as those of the holder’s appointment as, General Manager, Railway Services with the SRA.\n> \n> > (2) The provisions of section 19Y(2) and Schedule 2 apply to a chief executive officer taken to be appointed in accordance with this section.","sortOrder":628},{"sectionNumber":"50","sectionType":"section","heading":"Timetable for first statement of corporate intent","content":"#### 50 Timetable for first statement of corporate intent\n\n50 Timetable for first statement of corporate intent\n\n> A period within which any matter is required to be done under section 21 of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) in connection with the first statement of corporate intent of a Rail Corporation may be extended by the voting shareholders of the Rail Corporation.","sortOrder":629},{"sectionNumber":"51","sectionType":"section","heading":"Saving of Rail Safety Act 1993","content":"#### 51 Saving of Rail Safety Act 1993\n\n51 Saving of [Rail Safety Act 1993](/view/html/repealed/current/act-1993-050)\n\n> Nothing in the amending Act affects the operation of the [Rail Safety Act 1993](/view/html/repealed/current/act-1993-050).","sortOrder":630},{"sectionNumber":"52","sectionType":"section","heading":"Rail Corporations and RSA taken to hold certain authorisations and licences under Electricity Supply Act 1995","content":"#### 52 Rail Corporations and RSA taken to hold certain authorisations and licences under Electricity Supply Act 1995\n\n52 Rail Corporations and RSA taken to hold certain authorisations and licences under [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094)\n\n> A Rail Corporation and the RSA are, on the commencement of this clause, taken to hold the same authorisations and licences, on the same terms and conditions, as the authorisations and licences that the SRA is taken to hold pursuant to clause 16(3) of Schedule 6 to the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).","sortOrder":631},{"sectionNumber":"53","sectionType":"section","heading":"References to Commissioner for Railways in provision dealing with supply of sufficient electricity for railways (sec 12, Electricity (Pacific Power) Act 1950 No 22)","content":"#### 53 References to Commissioner for Railways in provision dealing with supply of sufficient electricity for railways (sec 12, Electricity (Pacific Power) Act 1950 No 22)\n\n53 References to Commissioner for Railways in provision dealing with supply of sufficient electricity for railways (sec 12, [Electricity (Pacific Power) Act 1950 No 22](/view/html/repealed/current/act-1950-022))\n\n> > (1) On and from the commencement of this clause until the repeal of section 12 (Commission to supply sufficient electricity for railways and road transport) of the [Electricity (Pacific Power) Act 1950](/view/html/repealed/current/act-1950-022) by the operation of Schedule 5.2\\[7\\] to the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), references in that section to the Commissioner for Railways are to be read as references to—\n> > \n> > > (a) the SRA, and\n> > \n> > > (b) if a Rail Corporation requires electricity to be supplied for use in providing motive power for electric trains, the Rail Corporation.\n> \n> > (2) If, on the commencement of Schedule 2 to the amending Act, the repeal of section 12 of the [Electricity (Pacific Power) Act 1950](/view/html/repealed/current/act-1950-022) made by Schedule 5.2\\[7\\] to the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) has not commenced, the amendment contained in Schedule 2.5\\[3\\] of the amending Act is taken to be of no effect until such time as the amendment to section 12 of the [Electricity (Pacific Power) Act 1950](/view/html/repealed/current/act-1950-022) commences.","sortOrder":632},{"sectionNumber":"54","sectionType":"section","heading":"References to SRA in Railway Construction (Maldon to Port Kembla) Act 1983 No 112","content":"#### 54 References to SRA in Railway Construction (Maldon to Port Kembla) Act 1983 No 112\n\n54 References to SRA in [Railway Construction (Maldon to Port Kembla) Act 1983 No 112](/view/html/inforce/current/act-1983-112)\n\n> On and from the commencement of this clause—\n> \n> > (a) a reference to the State Rail Authority in the [Railway Construction (Maldon to Port Kembla) Act 1983](/view/html/inforce/current/act-1983-112) (except in section 2(2)) is to be read as a reference to RAC, and\n> \n> > (b) a reference to the State Rail Authority is to be read as a reference to RAC.","sortOrder":633},{"sectionNumber":"55","sectionType":"section","heading":"Reference to Constructing Authority for purposes of certain easements for city underground railway","content":"#### 55 Reference to Constructing Authority for purposes of certain easements for city underground railway\n\n55 Reference to Constructing Authority for purposes of certain easements for city underground railway\n\n> On and from the commencement of this clause, the reference to the Constructing Authority in section 19 of the [City and Suburban Electric Railways Act 1915](/view/pdf/asmade/act-1915-29) (the operation of which is saved by clause 12 of Division 1 of Part 2) is to be read as extending to RAC.","sortOrder":634},{"sectionNumber":"56","sectionType":"section","heading":"Applications for review of promotion appointments","content":"#### 56 Applications for review of promotion appointments\n\n56 Applications for review of promotion appointments\n\n> > (1) If an application made by an SRA officer before 1 July 1996 under the review provision for a review of an appointment to a position is pending on the commencement of this clause, the review is to be conducted and disposed of, in accordance with the review provision, by the rail business in which the position is located on that commencement.\n> \n> > (2) If, as a result of the review, a determination is made that the applicant for the review should be appointed to the position in place of the incumbent in the position and the applicant is not employed by the rail business in which the position is located on the commencement of this clause—\n> > \n> > > (a) the rail business by whom the applicant is employed and the rail business in which the position is located must arrange for the applicant to be transferred to the latter rail business, and\n> > \n> > > (b) the rail businesses concerned must arrange for the placement of the displaced incumbent in the position that the incumbent occupied immediately before he or she was promoted to the position that was the subject of the review, whether the incumbent’s former position is located, after the commencement of this clause, in the SRA or in another rail business.\n> \n> > (3) An applicant whose application for a review is unsuccessful is, subject to any other arrangements that may be made concerning the employment of the applicant under this or any other Act or law, to remain employed with the rail business by whom the applicant was employed on commencement of this clause.\n> \n> > (4) In this clause—\n> > \n> > review provision means clause 7 of the [Transport Administration (Staff) Regulation 1995](/view/pdf/asmade/sl-1995-526).","sortOrder":635},{"sectionNumber":"57","sectionType":"section","heading":"Disciplinary proceedings pending against former SRA officers","content":"#### 57 Disciplinary proceedings pending against former SRA officers\n\n57 Disciplinary proceedings pending against former SRA officers\n\n> > (1) A Rail Corporation or the RSA may, before 1 August 1996, in respect of conduct that occurred before 1 July 1996—\n> > \n> > > (a) impose on, in disciplinary proceedings, any one or more of the punishments referred to in clause 12 of the [Transport Administration (Staff) Regulation 1995](/view/pdf/asmade/sl-1995-526), or\n> > \n> > > (b) temporarily suspend from duty in accordance with clause 13 of that Regulation,\n> > \n> > any former SRA officer who has been transferred to the Rail Corporation or the RSA by a Ministerial order made under Schedule 6.\n> \n> > (2) A former SRA officer may appeal, in accordance with Part 3 of the [Transport Appeal Boards Act 1980](/view/html/repealed/current/act-1980-104), to a Transport Appeal Board against the imposition of any such punishment or suspension.\n> \n> > (3) Except as provided by subclause (4), a decision of a Transport Appeal Board is final and conclusive and binding on a rail business.\n> \n> > (4) Section 24 of the [Transport Appeal Boards Act 1980](/view/html/repealed/current/act-1980-104) applies with respect to the decision of a Transport Appeal Board on such an appeal as if—\n> > \n> > > (a) the reference in that section to the SRA were a reference to a rail business, and\n> > \n> > > (b) the references in that section to that Authority or an Authority, in so far as they relate to the SRA, were references to the rail business by whom the former SRA officer is employed after 1 July 1996.","sortOrder":636},{"sectionNumber":"58","sectionType":"section","heading":"Pending appeals to Transport Appeal Boards","content":"#### 58 Pending appeals to Transport Appeal Boards\n\n58 Pending appeals to Transport Appeal Boards\n\n> > (1) A Transport Appeal Board is to hear and determine any appeal lodged by a former SRA officer under the [Transport Appeal Boards Act 1980](/view/html/repealed/current/act-1980-104) before 1 July 1996.\n> \n> > (2) Clause 57(3) and (4) applies to an appeal referred to in this clause.","sortOrder":637},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Rail Agencies) Act 2003","content":"# Part 10 Provisions consequent on enactment of Transport Administration Amendment (Rail Agencies) Act 2003\n\nPart 10 Provisions consequent on enactment of [Transport Administration Amendment (Rail Agencies) Act 2003](/view/html/repealed/current/act-2003-096)","sortOrder":692},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Sydney Ferries) Act 2003","content":"# Part 11 Provisions consequent on enactment of Transport Administration Amendment (Sydney Ferries) Act 2003\n\nPart 11 Provisions consequent on enactment of [Transport Administration Amendment (Sydney Ferries) Act 2003](/view/html/repealed/current/act-2003-099)","sortOrder":711},{"sectionNumber":"128","sectionType":"section","heading":"Sydney Ferries may act as agent of STA","content":"#### 128 Sydney Ferries may act as agent of STA\n\n128 Sydney Ferries may act as agent of STA\n\n> For the purposes of giving effect to a transfer of assets, rights or liabilities to Sydney Ferries under this Act (as amended by the amending Act) Sydney Ferries may act as the agent of the State Transit Authority.","sortOrder":713},{"sectionNumber":"129","sectionType":"section","heading":"STA may enter into arrangements for joint facilities and other matters","content":"#### 129 STA may enter into arrangements for joint facilities and other matters\n\n129 STA may enter into arrangements for joint facilities and other matters\n\n> > (1) For the purposes of giving effect to the amending Act, the State Transit Authority or Sydney Ferries may make and enter into contracts, leases, licences or other arrangements with each other or any other person with respect to the provision of services or the supply of goods jointly to the Authority and Sydney Ferries or to Sydney Ferries.\n> \n> > (2) Any such contract, lease, licence or other arrangement may apply to the provision of services or the supply of goods by either the State Transit Authority or Sydney Ferries or by any other person.\n> \n> > (3) Any such contract, lease, licence or other arrangement may be entered into, and has effect, despite any requirement for consent under any other contract, lease, licence or arrangement between the State Transit Authority and any other person.\n> \n> > (4) The operation of this clause is not to be regarded—\n> > \n> > > (a) as a breach of a contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment of assets, rights or liabilities, or\n> > \n> > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument.\n> \n> > (5) Nothing in this clause limits any other power of the State Transit Authority or Sydney Ferries to enter into any contract, lease, licence or other arrangement with any other person.","sortOrder":714},{"sectionNumber":"130","sectionType":"section","heading":"Orders fixing fares and travel terms and conditions","content":"#### 130 Orders fixing fares and travel terms and conditions\n\n130 Orders fixing fares and travel terms and conditions\n\n> An order made by the State Transit Authority under section 85 applying to charges for Sydney ferry services, and in force immediately before the commencement of this clause, is taken to have been made by Sydney Ferries under that section and that section applies accordingly.","sortOrder":715},{"sectionNumber":"131","sectionType":"section","heading":"Saving of existing free or concessional travel arrangements","content":"#### 131 Saving of existing free or concessional travel arrangements\n\n131 Saving of existing free or concessional travel arrangements\n\n> Any free or concessional travel pass issued by the State Transit Authority under section 88 before the commencement of this clause, and in force in relation to Sydney ferry services immediately before that commencement, is taken to have been issued by Sydney Ferries and that section applies accordingly.","sortOrder":716},{"sectionNumber":"132","sectionType":"section","heading":"Saving of tickets","content":"#### 132 Saving of tickets\n\n132 Saving of tickets\n\n> Any ticket issued by or on behalf of the State Transit Authority for a Sydney ferry service, and valid immediately before the commencement of this clause, is taken to have been issued by Sydney Ferries and continues (if otherwise valid) to be a valid ticket.","sortOrder":717},{"sectionNumber":"133","sectionType":"section","heading":"Application of regulations","content":"#### 133 Application of regulations\n\n133 Application of regulations\n\n> > (1) A regulation made under section 104, and in force immediately before the commencement of this clause—\n> > \n> > > (a) is taken to have also been made under section 106C, and\n> > \n> > > (b) applies to or in respect of Sydney Ferries in the same way that it applies to or in respect of the State Transit Authority.\n> \n> > (2) Nothing in this clause prevents the amendment or repeal of any such regulation.","sortOrder":718},{"sectionNumber":"134","sectionType":"section","heading":"Penalty notices","content":"#### 134 Penalty notices\n\n134 Penalty notices\n\n> Nothing in the amending Act affects the validity of a penalty notice (whether under this or any other Act or law) issued by or on behalf of the State Transit Authority immediately before the commencement of this clause.","sortOrder":719},{"sectionNumber":"135","sectionType":"section","heading":"References to State Transit Authority","content":"#### 135 References to State Transit Authority\n\n135 References to State Transit Authority\n\n> > (1) Except as provided by the regulations, a reference in any Act, in any instrument made under any Act or in any document of any kind to the State Transit Authority is, to the extent that it relates to any act, matter or thing relating to the provision of Sydney ferry services, to be read as or including a reference to Sydney Ferries.\n> \n> > (2) This clause has effect subject to any transfers of assets, rights or liabilities under this Act.","sortOrder":720},{"sectionNumber":"136","sectionType":"section","heading":"IPART determinations","content":"#### 136 IPART determinations\n\n136 IPART determinations\n\n> > (1) For the purposes of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039), a determination of the pricing for ferry services provided by the State Transit Authority, in force immediately before the commencement of this clause, extends to Sydney ferry services operated by Sydney Ferries.\n> \n> > (2) Nothing in this clause prevents any such determination from being replaced, or a further determination being issued for Sydney Ferries.","sortOrder":721},{"sectionNumber":"137","sectionType":"section","heading":"Timetable for first statement of corporate intent","content":"#### 137 Timetable for first statement of corporate intent\n\n137 Timetable for first statement of corporate intent\n\n> A period within which any matter is required to be done under this Act in relation to a statement of corporate intent, in connection with the first statement of corporate intent of Sydney Ferries, may be extended by the voting shareholders of Sydney Ferries.","sortOrder":722},{"sectionNumber":"138","sectionType":"section","heading":null,"content":"#### 138\n\n138 (Repealed)","sortOrder":723},{"sectionNumber":"139","sectionType":"section","heading":"Customer service contracts and exemptions","content":"#### 139 Customer service contracts and exemptions\n\n139 Customer service contracts and exemptions\n\n> > (1) Any exemption in force immediately before the commencement of this clause of the State Transit Authority, under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), from the requirements of section 16(1) and (3) of that Act is taken to apply also to Sydney Ferries in respect of the kinds of regular passenger services subject to the exemption immediately before the commencement of Part 3A.\n> \n> > (2) Nothing in this clause prevents the exemption from being varied or revoked.","sortOrder":724},{"sectionNumber":"140","sectionType":"section","heading":"Licences and other authorisations under certain Acts","content":"#### 140 Licences and other authorisations under certain Acts\n\n140 Licences and other authorisations under certain Acts\n\n> > (1) This clause applies to a licence, permit, approval or other authorisation granted to the State Transit Authority under any of the following Acts or under a regulation under any of those Acts, and in force immediately before the commencement of this clause—\n> > \n> > > (a) [Commercial Vessels Act 1979](/view/html/repealed/current/act-1979-041),\n> > \n> > > (b) [Dangerous Goods Act 1975](/view/html/repealed/current/act-1975-068),\n> > \n> > > (c) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),\n> > \n> > > (d) any other Act prescribed by the regulations.\n> \n> > (2) An authorisation is, to the extent that it relates to former STA functions, taken to be held by Sydney Ferries on the same terms and conditions as the State Transit Authority held the authorisation immediately before the commencement of this clause.\n> \n> > (3) The regulations may exempt an authorisation from the operation of this clause.\n> \n> > (4) Nothing in this clause prevents an authorisation from being varied, cancelled or replaced.\n> \n> > (5) In this clause—\n> > \n> > former STA function means a function conferred on Sydney Ferries by Part 3A that was, immediately before the commencement of that Part, conferred on the State Transit Authority.","sortOrder":725},{"sectionNumber":"Part 12","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004","content":"# Part 12 Provisions consequent on enactment of Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004\n\nPart 12 Provisions consequent on enactment of [Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004](/view/html/repealed/current/act-2004-031)","sortOrder":726},{"sectionNumber":"141","sectionType":"section","heading":"Definitions","content":"#### 141 Definitions\n\n141 Definitions\n\n> In this Part—\n> \n> rail access agreement means an agreement entered into by a rail authority pursuant to the NSW Rail Access Regime or RIC access undertaking that permits a person to operate rolling stock on the NSW rail network.\n> \n> rail authority has the same meaning as it has in Part 8A of the Act.\n> \n> the amending Act means the [Transport Administration Amendment (New South Wales and Commonwealth Rail Agreement) Act 2004](/view/html/repealed/current/act-2004-031).","sortOrder":727},{"sectionNumber":"142","sectionType":"section","heading":"Existing rail access undertakings","content":"#### 142 Existing rail access undertakings\n\n142 Existing rail access undertakings\n\n> An access undertaking entered into by a rail authority under Schedule 6AA and in force immediately before the commencement of this clause is, to the extent to which it relates to land or rail infrastructure facilities subject to an ARTC lease or licence, taken to have been entered into by ARTC instead of the rail authority.","sortOrder":728},{"sectionNumber":"143","sectionType":"section","heading":"Existing rail access agreements","content":"#### 143 Existing rail access agreements\n\n143 Existing rail access agreements\n\n> > (1) A rail access agreement entered into by a rail authority and in force immediately before the commencement of this clause continues in force, subject to this clause.\n> \n> > (2) If a rail access agreement applies or is to apply to a part of the NSW rail network for which there are or are to be 2 or more rail infrastructure owners, the Minister may determine that the rail access agreement is terminated and determine that it is replaced by one or more separate rail access agreements entered into with each rail infrastructure owner.\n> \n> > (3) The Minister may for the purposes of this clause—\n> > \n> > > (a) determine the parties to each separate agreement, and\n> > \n> > > (b) determine the terms of each separate agreement, and\n> > \n> > > (c) determine the date on which each separate agreement takes effect.\n> \n> > (4) The Minister must give written notice to the parties to a separate agreement of the agreement and its terms not less than 14 days before the separate agreement takes effect.\n> \n> > (5) A separate agreement under this clause must not substantially change rights or obligations under the previous agreement. This subclause does not prevent a change in parties to agreements.\n> \n> > (6) The operation of this clause is not to be regarded—\n> > \n> > > (a) as a breach of contract or confidence or otherwise as a civil wrong, or\n> > \n> > > (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities (within the meaning of Schedule 4), or\n> > \n> > > (c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.","sortOrder":729},{"sectionNumber":"144","sectionType":"section","heading":"Disputes relating to terms of rail access agreements","content":"#### 144 Disputes relating to terms of rail access agreements\n\n144 Disputes relating to terms of rail access agreements\n\n> > (1) A party to a rail access agreement may, not more than 14 days after being notified of a new separate rail access agreement under this Part, give notice in writing to the Independent Pricing and Regulatory Tribunal that the terms of the agreement are not acceptable to it and refer the dispute to the Tribunal under Part 4A of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039).\n> \n> > (2) Part 4A of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) (other than section 24C) applies to any such dispute in the same way that it applies to a dispute with respect to a public infrastructure access regime.\n> \n> > (3) A dispute may not be referred or dealt with under this clause unless it is a dispute relating to terms of the new separate rail access agreement that are substantially different from those of the agreement it replaces or relating to whether terms of the previous agreement should be adjusted because of the separation.\n> \n> > (4) To avoid doubt, the terms of an agreement are not substantially different merely because it is replaced by more than one agreement with different parties.\n> \n> > (5) The arbitrator of the dispute is to determine the dispute by making a written determination.\n> \n> > (6) The determination may vary the terms of a separate rail access agreement and any such rail access agreement has effect accordingly. The determination may not vary any terms of a separate rail access agreement that are not substantially different from terms contained in the agreement it replaces.\n> \n> > (7) Nothing in this clause prevents the further amendment of the rail access agreement in accordance with its terms or any other law.","sortOrder":730},{"sectionNumber":"145","sectionType":"section","heading":"Compliance with development legislation","content":"#### 145 Compliance with development legislation\n\n145 Compliance with development legislation\n\n> > (1) This clause applies—\n> > \n> > > (a) to development or an activity carried out before, or being carried out immediately before, the commencement of this clause by a rail authority (with or without development consent or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)), or\n> > \n> > > (b) to any such development or activity that is continued after that commencement and is carried out in substantially the same manner as it was carried out before that commencement,\n> > \n> > being development or an activity that is carried out on land subject to an ARTC lease or licence.\n> \n> > (2) The development or activity is taken to comply with any requirements for consents or approvals or any other requirements of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and any other law relating to the carrying out of the development or activity.\n> \n> > (3) This clause does not apply to the requirements of this Act, the [Occupational Health and Safety Act 2000](/view/html/repealed/current/act-2000-040), the [Dangerous Goods Act 1975](/view/html/repealed/current/act-1975-068), the [Rail Safety Act 2002](/view/html/repealed/current/act-2002-096), the [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156) or any regulation under those Acts or any other Act or law prescribed by the regulations.\n> \n> > (4) To avoid doubt, nothing in this clause prevents any person from relying on or acting in accordance with a development consent or other approval, or any rights relating to the continuation of an existing use, under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (5) Words and expressions used in this clause have the same meanings as they have in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).","sortOrder":731},{"sectionNumber":"146","sectionType":"section","heading":"Existing applications and approvals under the Environmental Planning and Assessment Act 1979","content":"#### 146 Existing applications and approvals under the Environmental Planning and Assessment Act 1979\n\n146 Existing applications and approvals under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203)\n\n> > (1) This clause applies to rail infrastructure facilities or other assets subject to an ARTC lease or licence.\n> \n> > (2) An assessment of a development or an activity, a development application or any other application, under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) relating to rail infrastructure facilities made by or on behalf of a rail authority before the commencement of the ARTC lease or licence (including any related environmental impact statement or other material prepared and lodged by or on behalf of the rail authority), and not finally determined before that commencement, is taken to have been made by or on behalf of ARTC.\n> \n> > (3) A development consent or an approval granted under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) in relation to a rail infrastructure facility before the commencement of the ARTC lease or licence is taken to have been granted to ARTC.\n> \n> > (4) This clause is subject to the regulations.","sortOrder":732},{"sectionNumber":"147","sectionType":"section","heading":"Entitlements of former rail authority employees","content":"#### 147 Entitlements of former rail authority employees\n\n147 Entitlements of former rail authority employees\n\n> > (1) This section applies to a member of staff of a rail authority (the new rail employer) who was, within 30 days before becoming a member of staff of the rail authority, a member of staff of another rail authority (the former rail employer).\n> \n> > (2) Regulations may be made for or with respect to the following matters—\n> > \n> > > (a) providing for service with one or more rail authorities to be taken, for the purpose of accrual of leave and any entitlements, as service with a new rail employer,\n> > \n> > > (b) the payment of leave entitlements on termination of employment with a former rail employer,\n> > \n> > > (c) the preservation and transfer of leave entitlements on employment with a new rail employer,\n> > \n> > > (d) eligibility to apply for vacant positions in rail authorities (other than ARTC), including rights of appeal.\n> \n> > (3) This clause does not apply to a temporary member of staff of ARTC within the meaning of Division 5 of Part 8A.\n> \n> > (4) In this clause, rail authority includes ARTC.","sortOrder":733},{"sectionNumber":"Part 13","sectionType":"part","heading":"Provisions consequent on enactment of Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005","content":"# Part 13 Provisions consequent on enactment of Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005\n\nPart 13 Provisions consequent on enactment of [Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005](/view/html/repealed/current/act-2005-055)","sortOrder":734},{"sectionNumber":"148","sectionType":"section","heading":"Definition","content":"#### 148 Definition\n\n148 Definition\n\n> In this Part—\n> \n> the amending Act means the [Transport Legislation Amendment (Waterfall Rail Inquiry Recommendations) Act 2005](/view/html/repealed/current/act-2005-055).","sortOrder":735},{"sectionNumber":"149","sectionType":"section","heading":"Chief Investigator","content":"#### 149 Chief Investigator\n\n149 Chief Investigator\n\n> > (1) The person holding office as the Chief Investigator under section 42S immediately before the repeal of that section by the amending Act is appointed as the Chief Investigator under section 45 as inserted by the amending Act.\n> \n> > (2) The person appointed under subclause (1) holds office for the residue of the person’s term of office as, and subject to the same conditions (including conditions as to remuneration and duration of employment) as, those of the person’s appointment as Chief Investigator under section 42S.\n> \n> > (3) Part 3.1 of the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043) applies to and in respect of the employment of the Chief Investigator under this clause.","sortOrder":736},{"sectionNumber":"150","sectionType":"section","heading":"Staff of Office of Transport Safety Investigations","content":"#### 150 Staff of Office of Transport Safety Investigations\n\n150 Staff of Office of Transport Safety Investigations\n\n> > (1) On the repeal of Division 5 of Part 4A by the amending Act, each member of staff of the Office of Transport Safety Investigations is transferred to the employment of the Government of New South Wales in the service of the Crown, subject to section 65F(3).\n> \n> > (2) Each such member of staff is taken to have been appointed under section 65F(1) and continues (until other provision is duly made) to be employed in accordance with the awards, agreements and determinations applying, immediately before the transfer, to members of the staff of the Office of Transport Safety Investigations.\n> \n> > (3) Neither the contract of employment nor the period of employment of each member of staff concerned is taken to have been broken by the operation of this Act for the purposes of any law, award or agreement relating to the employment of that member of staff.\n> \n> > (4) Without limiting this clause, this Act does not affect any accrued rights that the member of staff concerned had immediately before the transfer in relation to any kind of leave.\n> \n> > (5) A member of staff concerned is not entitled to receive any payment or other benefit merely because the member ceases to be an employee of the Office of Transport Safety Investigations.\n> \n> > (6) A member of staff concerned is not entitled to claim, both under this Act and under any other Act, dual benefits of the same kind for the same period of service.","sortOrder":737},{"sectionNumber":"151","sectionType":"section","heading":"Transport safety investigators","content":"#### 151 Transport safety investigators\n\n151 Transport safety investigators\n\n> > (1) A member of staff who is transferred under clause 150 and who, immediately before the transfer was an authorised officer within the meaning of the [Rail Safety Act 2002](/view/html/repealed/current/act-2002-096) or the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), is taken to be a person to whom the Chief Investigator has delegated his functions under section 67A of the [Rail Safety Act 2002](/view/html/repealed/current/act-2002-096) or section 46BB of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039).\n> \n> > (2) This clause does not prevent the variation or revocation of any such delegation.","sortOrder":738},{"sectionNumber":"Part 15","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Travel Concession) Act 2006","content":"# Part 15 Provisions consequent on enactment of Transport Administration Amendment (Travel Concession) Act 2006\n\nPart 15 Provisions consequent on enactment of [Transport Administration Amendment (Travel Concession) Act 2006](/view/html/repealed/current/act-2006-065)","sortOrder":739},{"sectionNumber":"159","sectionType":"section","heading":"Student travel passes—transitional provision","content":"#### 159 Student travel passes—transitional provision\n\n159 Student travel passes—transitional provision\n\n> > (1) Until the regulations otherwise provide, full fee paying overseas students—\n> > \n> > > (a) are not entitled to be issued with a concessional travel pass (as referred to in section 88) of a kind that is available only to persons who are students at tertiary educational institutions, and\n> > \n> > > (b) are not entitled to the benefit of concessional travel in circumstances where only a person who is entitled to be issued with such a pass is entitled to that benefit.\n> \n> > (2) This clause extends to travel under a scheme for Government subsidised travel as referred to in section 39.\n> \n> > (3) In this clause, full fee paying overseas student means a person who has been permitted to enter Australia on a visa issued on the basis that while in Australia the person will be enrolled as a full-time student at a tertiary educational institution, paying the full cost of their tuition and will have sufficient funds to meet their educational and living costs in Australia.","sortOrder":740},{"sectionNumber":"Part 16","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget) Act 2007","content":"# Part 16 Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget) Act 2007\n\nPart 16 Provisions consequent on enactment of [State Revenue and Other Legislation Amendment (Budget) Act 2007](/view/html/repealed/current/act-2007-022)","sortOrder":741},{"sectionNumber":"160","sectionType":"section","heading":"Chief Executive","content":"#### 160 Chief Executive\n\n160 Chief Executive\n\n> > (1) On the repeal of clause 6 of Schedule 8, the person holding office as the Chief Executive of the State Rail Authority immediately before that repeal ceases to hold that office.\n> \n> > (2) No compensation or remuneration is payable to any person because of the operation of this clause.","sortOrder":742},{"sectionNumber":"161","sectionType":"section","heading":"References to State Rail Authority","content":"#### 161 References to State Rail Authority\n\n161 References to State Rail Authority\n\n> > (1) Subject to the regulations, a reference in any Act (other than this Act) or instrument, or in any other document, to the State Rail Authority is to be read as a reference to the SRA Residual Holding Corporation.\n> \n> > (2) Without limiting subclause (1), the regulations may provide that a reference in any Act (other than this Act), instrument or other document to the State Rail Authority is to be read as a reference to another statutory corporation.","sortOrder":743},{"sectionNumber":"Part 17","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008","content":"# Part 17 Provisions consequent on enactment of Transport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008\n\nPart 17 Provisions consequent on enactment of [Transport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008](/view/html/repealed/current/act-2008-098)","sortOrder":744},{"sectionNumber":"162","sectionType":"section","heading":"Definition","content":"#### 162 Definition\n\n162 Definition\n\n> In this Part—\n> \n> 2008 amending Act means the [Transport Administration Amendment (Rail and Ferry Transport Authorities) Act 2008](/view/html/repealed/current/act-2008-098).","sortOrder":746},{"sectionNumber":"163","sectionType":"section","heading":"Continuity of RailCorp","content":"#### 163 Continuity of RailCorp\n\n163 Continuity of RailCorp\n\n> RailCorp, as constituted under this Act immediately after the substitution of section 4(2) by the 2008 amending Act, is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, RailCorp as constituted immediately before that substitution.","sortOrder":748},{"sectionNumber":"164","sectionType":"section","heading":"Existing Chief Executive Officer of RailCorp","content":"#### 164 Existing Chief Executive Officer of RailCorp\n\n164 Existing Chief Executive Officer of RailCorp\n\n> > (1) The person who, immediately before the commencement of section 15 (as inserted by the 2008 amending Act), held office as chief executive officer of RailCorp is taken to have been appointed as Chief Executive Officer of RailCorp under that section—\n> > \n> > > (a) for the balance of the term of office for which the person was so appointed before the commencement of that section, and\n> > \n> > > (b) on the same terms and conditions as the person was so determined.\n> \n> > (2) The Minister may, by order, vary the terms and conditions of the appointment of the Chief Executive Officer as continued by this clause, having regard to terms and conditions of appointment of members of the Chief Executive Service under the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043).","sortOrder":749},{"sectionNumber":"165","sectionType":"section","heading":"Existing Board members","content":"#### 165 Existing Board members\n\n165 Existing Board members\n\n> > (1) An existing Board member of RailCorp ceases to hold office on the commencement of section 13, as inserted by the 2008 amending Act, but is eligible (if otherwise qualified) to be appointed as a member of the RailCorp Board.\n> \n> > (2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of the office.\n> \n> > (3) In this clause—\n> > \n> > existing Board member means a person (other than the Chief Executive Officer) who held office as a member of the Board of RailCorp immediately before the commencement of section 13, as inserted by the 2008 amending Act.","sortOrder":750},{"sectionNumber":"166","sectionType":"section","heading":"Corporate plan","content":"#### 166 Corporate plan\n\n166 Corporate plan\n\n> > (1) RailCorp is to prepare its first corporate plan, in accordance with section 17B as inserted by the 2008 amending Act, within the period approved by the Minister for the purposes of this clause.\n> \n> > (2) The statement of corporate intent applicable to RailCorp under the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) immediately before the commencement of section 17B continues to apply to RailCorp until RailCorp complies with that section, subject to any direction of the Minister.","sortOrder":751},{"sectionNumber":"167","sectionType":"section","heading":"Continuity of Sydney Ferries","content":"#### 167 Continuity of Sydney Ferries\n\n167 Continuity of Sydney Ferries\n\n> Sydney Ferries, as constituted under this Act immediately after the substitution of section 35A(2) by the 2008 amending Act, is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, Sydney Ferries as constituted immediately before that substitution.","sortOrder":753},{"sectionNumber":"168","sectionType":"section","heading":"Existing Chief Executive Officer of Sydney Ferries","content":"#### 168 Existing Chief Executive Officer of Sydney Ferries\n\n168 Existing Chief Executive Officer of Sydney Ferries\n\n> > (1) The person who, immediately before the commencement of section 35J (as inserted by the 2008 amending Act), held office as chief executive officer of Sydney Ferries is taken to have been appointed as Chief Executive Officer of Sydney Ferries under that section—\n> > \n> > > (a) for the balance of the term of office for which the person was so appointed before the commencement of that section, and\n> > \n> > > (b) on the same terms and conditions as the person was so appointed.\n> \n> > (2) The Minister may, by order, vary the terms and conditions of the appointment of the Chief Executive Officer as continued by this clause, having regard to terms and conditions of appointment of members of the Chief Executive Service under the [Public Sector Employment and Management Act 2002](/view/html/repealed/current/act-2002-043).","sortOrder":754},{"sectionNumber":"169","sectionType":"section","heading":"Existing Board members","content":"#### 169 Existing Board members\n\n169 Existing Board members\n\n> > (1) An existing Board member of Sydney Ferries ceases to hold office on the commencement of section 35H, as inserted by the 2008 amending Act, but is eligible (if otherwise qualified) to be appointed as a member of the Sydney Ferries Board.\n> \n> > (2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of the office.\n> \n> > (3) In this clause—\n> > \n> > existing Board member means a person (other than the Chief Executive Officer) who held office as a member of the Board of Sydney Ferries immediately before the commencement of section 35H, as inserted by the 2008 amending Act.","sortOrder":755},{"sectionNumber":"170","sectionType":"section","heading":"Corporate plan","content":"#### 170 Corporate plan\n\n170 Corporate plan\n\n> > (1) Sydney Ferries is to prepare its first corporate plan, in accordance with section 35N as inserted by the 2008 amending Act, within the period approved by the Minister for the purposes of this clause.\n> \n> > (2) The statement of corporate intent applicable to Sydney Ferries under the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) immediately before the commencement of section 35N continues to apply to Sydney Ferries until Sydney Ferries complies with that section, subject to any direction of the Minister.","sortOrder":756},{"sectionNumber":"Part 18","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Metro Rail) Act 2008","content":"# Part 18 Provisions consequent on enactment of Transport Administration Amendment (Metro Rail) Act 2008\n\nPart 18 Provisions consequent on enactment of [Transport Administration Amendment (Metro Rail) Act 2008](/view/html/repealed/current/act-2008-115)","sortOrder":757},{"sectionNumber":"171","sectionType":"section","heading":"Interpretation","content":"#### 171 Interpretation\n\n171 Interpretation\n\n> In this Part, amending Act means the [Transport Administration Amendment (Metro Rail) Act 2008](/view/html/repealed/current/act-2008-115).","sortOrder":758},{"sectionNumber":"172","sectionType":"section","heading":"First corporate plan","content":"#### 172 First corporate plan\n\n172 First corporate plan\n\n> Sydney Metro is to prepare its first corporate plan, in accordance with section 55L, as inserted by the amending Act, within the period approved by the Minister for the purposes of this clause.","sortOrder":759},{"sectionNumber":"173","sectionType":"section","heading":"Transfers of assets and liabilities—validation","content":"#### 173 Transfers of assets and liabilities—validation\n\n173 Transfers of assets and liabilities—validation\n\n> > (1) Schedule 4, as amended by the amending Act, extends to any transfer of assets, rights or liabilities, consequent on an order to which that Schedule applies, that was made at any time before the commencement of those amendments.\n> \n> > (2) For that purpose—\n> > \n> > > (a) the amendments are taken to have been in force when the relevant transfers occurred, and\n> > \n> > > (b) any such transfer is taken to have been validly made if it could have been made after that commencement.\n> \n> > (3) This clause does not apply to any transfer to the extent that it is affected by any proceedings of a court that were finally determined before that commencement.\n> \n> > (4) For the purposes of this clause, proceedings are not finally determined if—\n> > \n> > > (a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or\n> > \n> > > (b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).","sortOrder":760},{"sectionNumber":"Part 19","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment Act 2010","content":"# Part 19 Provisions consequent on enactment of Transport Administration Amendment Act 2010\n\nPart 19 Provisions consequent on enactment of [Transport Administration Amendment Act 2010](/view/html/repealed/current/act-2010-031)","sortOrder":761},{"sectionNumber":"174","sectionType":"section","heading":"References to Department of Transport and Infrastructure","content":"#### 174 References to Department of Transport and Infrastructure\n\n174 References to Department of Transport and Infrastructure\n\n> A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Department of Transport and Infrastructure is to be construed as a reference to Transport NSW.","sortOrder":762},{"sectionNumber":"175","sectionType":"section","heading":"Existing chief executives of transport agencies","content":"#### 175 Existing chief executives of transport agencies\n\n175 Existing chief executives of transport agencies\n\n> > (1) The person holding office as the chief executive (however described) of any of the following bodies immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the body in respect of which the person formerly held office as chief executive—\n> > \n> > > (a) RailCorp,\n> > \n> > > (b) Roads and Traffic Authority,\n> > \n> > > (c) State Transit Authority,\n> > \n> > > (d) Sydney Ferries.\n> \n> > (2) The person holding office as the chief executive officer of Transport Infrastructure Development Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Transport Construction Authority—\n> > \n> > > (a) with the same remuneration as that payable to the person immediately before that commencement, and\n> > \n> > > (b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.\n> \n> > (3) The person holding office as the chief executive officer of Rail Infrastructure Corporation immediately before the commencement of this clause is taken to have been appointed by the Director-General, for the balance of the person’s term of appointment, as the chief executive of the Country Rail Infrastructure Authority—\n> > \n> > > (a) with the same remuneration as that payable to the person immediately before that commencement and,\n> > \n> > > (b) on such other terms and conditions relating to that previous appointment as the Director-General determines after consultation with the Director of Public Employment.\n> \n> > (4) The person holding office as the chief executive officer of Sydney Metro immediately before the commencement of this clause ceases to hold that office.\n> \n> > (5) The person holding office as the chief executive officer of the Public Transport Ticketing Corporation immediately before the commencement of this clause ceases to hold that office.\n> \n> > (6) No compensation or remuneration is payable to any person as a consequence of—\n> > \n> > > (a) the person ceasing to hold any office, or\n> > \n> > > (b) the effect on a person’s existing contract of employment,\n> > \n> > because of the operation of this clause.\n> \n> > (7) (Repealed)","sortOrder":763},{"sectionNumber":"176","sectionType":"section","heading":"Existing Boards of transport agencies","content":"#### 176 Existing Boards of transport agencies\n\n176 Existing Boards of transport agencies\n\n> > (1) In this clause—\n> > \n> > existing Board means any of the following as constituted under this Act immediately before the commencement of this clause—\n> > \n> > > (a) RailCorp Board,\n> > \n> > > (b) State Transit Authority Board,\n> > \n> > > (c) Sydney Ferries Board,\n> > \n> > > (d) Public Transport Ticketing Corporation Board,\n> > \n> > > (e) Sydney Metro Board,\n> > \n> > > (f) board of directors of Transport Infrastructure Development Corporation,\n> > \n> > > (g) board of directors of Rail Infrastructure Corporation.\n> \n> > (2) Each existing Board is abolished.\n> \n> > (3) A person who, immediately before the commencement of this clause, held office as a member of an existing Board—\n> > \n> > > (a) ceases to hold that office, and\n> > \n> > > (b) is not entitled to any remuneration or compensation because of the loss of that office.","sortOrder":764},{"sectionNumber":"177","sectionType":"section","heading":"Existing Advisory Councils","content":"#### 177 Existing Advisory Councils\n\n177 Existing Advisory Councils\n\n> > (1) In this clause—\n> > \n> > existing Advisory Council means the Transport Advisory Group or the Roads and Traffic Advisory Council as constituted under this Act immediately before the commencement of this clause.\n> \n> > (2) Each existing Advisory Council is abolished.\n> \n> > (3) A person who, immediately before the commencement of this clause, held office as an appointed member of an existing Advisory Council—\n> > \n> > > (a) ceases to hold that office, and\n> > \n> > > (b) is not entitled to any remuneration or compensation because of the loss of that office, but is eligible to be appointed as a member of the Transport Advisory Council established under Part 5 of this Act.","sortOrder":765},{"sectionNumber":"178","sectionType":"section","heading":"Existing subsidiary corporations of transport authorities","content":"#### 178 Existing subsidiary corporations of transport authorities\n\n178 Existing subsidiary corporations of transport authorities\n\n> > (1) Each subsidiary corporation constituted under a provision of this Act immediately before the repeal of that provision by the [Transport Administration Amendment Act 2010](/view/html/repealed/current/act-2010-031) is, subject to the regulations, taken to be constituted under Part 6B (as inserted by that Act) as a subsidiary corporation of the transport authority in respect of which the subsidiary corporation was previously constituted.\n> \n> > (2) Without limiting the operation of subclause (1), Western Sydney Buses is, on the repeal of section 33 by the [Transport Administration Amendment Act 2010](/view/html/repealed/current/act-2010-031), taken to have been constituted as a public subsidiary corporation of the State Transit Authority by the regulations under section 55C (as inserted by that Act).","sortOrder":766},{"sectionNumber":"179","sectionType":"section","heading":"Existing delegations of functions under Passenger Transport Act 1990","content":"#### 179 Existing delegations of functions under Passenger Transport Act 1990\n\n179 Existing delegations of functions under [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039)\n\n> Any delegation by the Director-General under this Act of the Director-General’s functions under the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039) is taken to have been delegated under section 62A of that Act (as inserted by the [Transport Administration Amendment Act 2010](/view/html/repealed/current/act-2010-031)).","sortOrder":767},{"sectionNumber":"180","sectionType":"section","heading":"Abolition of Transport Administration Corporation","content":"#### 180 Abolition of Transport Administration Corporation\n\n180 Abolition of Transport Administration Corporation\n\n> > (1) The Transport Administration Corporation is abolished.\n> \n> > (2) The assets, rights and liabilities of the Transport Administration Corporation are, on the abolition of the Corporation, transferred to the Crown.\n> \n> > (3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Transport Administration Corporation by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.","sortOrder":768},{"sectionNumber":"Part 20","sectionType":"part","heading":"Provisions consequent on enactment of Transport Legislation Amendment Act 2011","content":"# Part 20 Provisions consequent on enactment of Transport Legislation Amendment Act 2011\n\nPart 20 Provisions consequent on enactment of [Transport Legislation Amendment Act 2011](/view/html/repealed/current/act-2011-041)","sortOrder":769},{"sectionNumber":"181","sectionType":"section","heading":"Interpretation","content":"#### 181 Interpretation\n\n181 Interpretation\n\n> In this Part—\n> \n> amending Act means the [Transport Legislation Amendment Act 2011](/view/html/repealed/current/act-2011-041).","sortOrder":771},{"sectionNumber":"182","sectionType":"section","heading":"Transfer of assets, rights and liabilities of Director-General to TfNSW","content":"#### 182 Transfer of assets, rights and liabilities of Director-General to TfNSW\n\n182 Transfer of assets, rights and liabilities of Director-General to TfNSW\n\n> > (1) The assets, rights and liabilities of the Director-General of the Department of Transport acquired or incurred in the exercise of a function under the transport legislation, or in connection with the execution or administration of that legislation, before the commencement of this clause are, on the commencement of this clause, transferred to TfNSW.\n> \n> > (2) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Director-General by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.\n> \n> > (3) The Minister may by order in writing exempt specified assets, rights and liabilities from the operation of this clause.","sortOrder":773},{"sectionNumber":"183","sectionType":"section","heading":"Abolition of Roads and Traffic Authority","content":"#### 183 Abolition of Roads and Traffic Authority\n\n183 Abolition of Roads and Traffic Authority\n\n> > (1) The Roads and Traffic Authority of New South Wales is abolished.\n> \n> > (2) The assets, rights and liabilities of the Roads and Traffic Authority are, on the abolition of that Authority, transferred to Roads and Maritime Services.\n> \n> > (3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Roads and Traffic Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.\n> \n> > (4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Roads and Traffic Authority is to be construed as a reference to Roads and Maritime Services.\n> \n> > (5) The Roads and Maritime Services Fund is a continuation of the Roads and Traffic Authority Fund.","sortOrder":774},{"sectionNumber":"184","sectionType":"section","heading":"Abolition of Roads and Traffic Authority Division","content":"#### 184 Abolition of Roads and Traffic Authority Division\n\n184 Abolition of Roads and Traffic Authority Division\n\n> > (1) The Roads and Traffic Authority Division of the Government Service is abolished as a Division of the Government Service.\n> \n> > (2) A person who was employed in the Roads and Traffic Authority Division immediately before the abolition of that Division becomes employed in the Roads and Maritime Services Division of the Government Service on the commencement of this clause.\n> \n> > (3) The terms and conditions on which a person becomes employed in the Roads and Maritime Services Division under this clause (including terms and conditions as to remuneration, allowances and duration of employment) are, until such time as provision is otherwise made under this Act or any other law, those on which the person was employed immediately before the commencement of this clause.\n> \n> > (4) Division 4 of Part 7 of this Act applies in relation to persons who become employed in the Roads and Maritime Services Division under this clause in the same way as that Division applies to persons who are transferred under that Division.","sortOrder":775},{"sectionNumber":"185","sectionType":"section","heading":"Transfer of assets, rights and liabilities of Maritime Authority","content":"#### 185 Transfer of assets, rights and liabilities of Maritime Authority\n\n185 Transfer of assets, rights and liabilities of Maritime Authority\n\n> > (1) The assets, rights and liabilities of the Maritime Authority of NSW are, on the abolition of that Authority by the amending Act, transferred to Roads and Maritime Services.\n> \n> > (2) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Maritime Authority of NSW by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.","sortOrder":776},{"sectionNumber":"186","sectionType":"section","heading":"Transfer of licences and other authorisations","content":"#### 186 Transfer of licences and other authorisations\n\n186 Transfer of licences and other authorisations\n\n> > (1) This clause applies to an authorisation granted to a public transport agency under an Act or statutory rule and in force immediately before the commencement of this clause.\n> > \n> > Note.\n> > \n> > Acts under which authorisations are granted to public transport agencies include the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), [Home Building Act 1989](/view/html/inforce/current/act-1989-147), [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), [Sydney Harbour Foreshore Authority Act 1998](/view/html/inforce/current/act-1998-170) and [Sydney Water Act 1994](/view/html/inforce/current/act-1994-088).\n> \n> > (2) An authorisation is, to the extent that it relates to transferred functions or assets of a transferee agency, taken to be held by the transferee agency on the same terms and conditions as the public transport agency held the authorisation immediately before the commencement of this clause.\n> \n> > (3) The regulations may exempt an authorisation from the operation of this clause.\n> \n> > (4) This clause does not prevent an authorisation from being varied, cancelled or replaced.\n> \n> > (5) In this clause—\n> > \n> > authorisation includes a licence, permit, approval or consent.\n> > \n> > public transport agency includes a body that was a public transport agency immediately before its abolition by the amending Act.\n> > \n> > transferee agency means TfNSW or RMS.\n> > \n> > transferred functions or assets of a transferee agency means functions conferred on, or assets, rights or liabilities vested in, the transferee agency by or under this Act, that were, immediately before the conferral or vesting, conferred on, or vested in, a public transport agency.","sortOrder":777},{"sectionNumber":"187","sectionType":"section","heading":"Existing awards do not apply to members of Transport Service","content":"#### 187 Existing awards do not apply to members of Transport Service\n\n187 Existing awards do not apply to members of Transport Service\n\n> Any award or order of the Industrial Relations Commission in force immediately before the commencement of Part 7A of this Act does not apply to any member of the Transport Service.","sortOrder":778},{"sectionNumber":"188","sectionType":"section","heading":"Abolition of TCA","content":"#### 188 Abolition of TCA\n\n188 Abolition of TCA\n\n> > (1) The Transport Construction Authority is abolished.\n> \n> > (2) The assets, rights and liabilities of the Transport Construction Authority are, on the abolition of the Authority, transferred to Transport for NSW.\n> \n> > (3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Transport Construction Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.\n> \n> > (4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Transport Construction Authority is to be construed as a reference to Transport for NSW.","sortOrder":780},{"sectionNumber":"189","sectionType":"section","heading":"Abolition of CRIA","content":"#### 189 Abolition of CRIA\n\n189 Abolition of CRIA\n\n> > (1) The Country Rail Infrastructure Authority is abolished.\n> \n> > (2) The assets, rights and liabilities of the Country Rail Infrastructure Authority are, on the abolition of the Authority, transferred to Transport for NSW.\n> \n> > (3) Schedule 4 applies to the transfer of the assets, rights and liabilities of the Country Rail Infrastructure Authority by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.\n> \n> > (4) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Country Rail Infrastructure Authority is to be construed as a reference to Transport for NSW.","sortOrder":782},{"sectionNumber":"Part 21","sectionType":"part","heading":"Provisions consequent on enactment of Rail Safety (Adoption of National Law) Act 2012","content":"# Part 21 Provisions consequent on enactment of Rail Safety (Adoption of National Law) Act 2012\n\nPart 21 Provisions consequent on enactment of [Rail Safety (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-082)","sortOrder":783},{"sectionNumber":"190","sectionType":"section","heading":"Definition","content":"#### 190 Definition\n\n190 Definition\n\n> In this Part—\n> \n> the amending Act means the [Rail Safety (Adoption of National Law) Act 2012](/view/html/inforce/current/act-2012-082).","sortOrder":784},{"sectionNumber":"191","sectionType":"section","heading":"Independent Transport Safety Advisory Board","content":"#### 191 Independent Transport Safety Advisory Board\n\n191 Independent Transport Safety Advisory Board\n\n> > (1) The Independent Transport Safety Advisory Board is abolished.\n> \n> > (2) A person who, immediately before the commencement of this clause, held office as a member of the Board—\n> > \n> > > (a) ceases to hold that office, and\n> > \n> > > (b) is not entitled to any remuneration or compensation because of the loss of that office.","sortOrder":785},{"sectionNumber":"192","sectionType":"section","heading":"Saving of current acts and other matters","content":"#### 192 Saving of current acts and other matters\n\n192 Saving of current acts and other matters\n\n> Any act, matter or thing done or omitted by the ITSR, and having any force or effect immediately before the commencement of an amendment of this Act by the amending Act that confers that function to do the act, matter or thing on TfNSW or RMS, is taken to have been done or omitted by TfNSW or RMS, as the case requires, and this Act applies accordingly.","sortOrder":786},{"sectionNumber":"Part 22","sectionType":"part","heading":"Provisions authorising closure of railway line","content":"# Part 22 Provisions authorising closure of railway line\n\nPart 22 Provisions authorising closure of railway line","sortOrder":787},{"sectionNumber":"193","sectionType":"section","heading":"Closure of railway line","content":"#### 193 Closure of railway line\n\n193 Closure of railway line\n\n> > (1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from Railway Street, Wickham, to Newcastle railway station, corner of Scott and Watt Streets, Newcastle.\n> \n> > (2) Accordingly, a rail infrastructure owner authorised under subclause (1) may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.","sortOrder":788},{"sectionNumber":"194","sectionType":"section","heading":"Application","content":"#### 194 Application\n\n194 Application\n\n> > This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.","sortOrder":789},{"sectionNumber":"Part 23","sectionType":"part","heading":"Provisions authorising closure of railway line—Lilyfield to Rozelle","content":"# Part 23 Provisions authorising closure of railway line—Lilyfield to Rozelle\n\nPart 23 Provisions authorising closure of railway line—Lilyfield to Rozelle","sortOrder":790},{"sectionNumber":"195","sectionType":"section","heading":"Closure of railway line between Lilyfield and Rozelle","content":"#### 195 Closure of railway line between Lilyfield and Rozelle\n\n195 Closure of railway line between Lilyfield and Rozelle\n\n> > (1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from Balmain Road, Lilyfield, to Victoria Road, Rozelle.\n> \n> > (2) Accordingly, a rail infrastructure owner authorised under subclause (1) may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.","sortOrder":791},{"sectionNumber":"196","sectionType":"section","heading":"Application","content":"#### 196 Application\n\n196 Application\n\n> This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.","sortOrder":792},{"sectionNumber":"Part 24","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017","content":"# Part 24 Provisions consequent on enactment of Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017\n\nPart 24 Provisions consequent on enactment of [Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017](/view/html/repealed/current/act-2017-004)","sortOrder":793},{"sectionNumber":"197","sectionType":"section","heading":"Abolition of Independent Transport Safety Regulator","content":"#### 197 Abolition of Independent Transport Safety Regulator\n\n197 Abolition of Independent Transport Safety Regulator\n\n> > (1) The Independent Transport Safety Regulator is abolished.\n> \n> > (2) On its abolition, the assets, rights and liabilities of the Independent Transport Safety Regulator are transferred to the Crown.\n> \n> > (3) The Minister may—\n> > \n> > > (a) enter into an arrangement with the National Rail Safety Regulator for the transfer of any assets, rights and liabilities transferred to the Crown by this clause to the National Rail Safety Regulator, or\n> > \n> > > (b) transfer any assets, rights and liabilities transferred to the Crown by this clause to a NSW government agency.\n> \n> > (4) Schedule 4 applies to the transfer of assets, rights and liabilities under this clause.\n> \n> > (5) Words and expressions used in this clause have the same meanings as they have in Schedule 4.","sortOrder":794},{"sectionNumber":"198","sectionType":"section","heading":"Chief Executive of Independent Transport Safety Regulator ceases to hold statutory office","content":"#### 198 Chief Executive of Independent Transport Safety Regulator ceases to hold statutory office\n\n198 Chief Executive of Independent Transport Safety Regulator ceases to hold statutory office\n\n> The person holding office as the Chief Executive of the Independent Transport Safety Regulator immediately before the commencement of the [Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017](/view/html/repealed/current/act-2017-004)—\n> \n> > (a) ceases to hold that office, and\n> \n> > (b) is not entitled to any remuneration or compensation for the loss of that office.","sortOrder":795},{"sectionNumber":"Part 25","sectionType":"part","heading":"Provisions authorising closure of railway line—Rosewood to Tumbarumba","content":"# Part 25 Provisions authorising closure of railway line—Rosewood to Tumbarumba\n\nPart 25 Provisions authorising closure of railway line—Rosewood to Tumbarumba","sortOrder":796},{"sectionNumber":"199","sectionType":"section","heading":"Closure of railway line between Rosewood and Tumbarumba","content":"#### 199 Closure of railway line between Rosewood and Tumbarumba\n\n199 Closure of railway line between Rosewood and Tumbarumba\n\n> > (1) For the purposes of section 99A, the rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from McEachern Lane, Rosewood to Tumbarumba.\n> \n> > (2) The authorisation of the rail infrastructure owner under subclause (1) in relation to the disposal of the land concerned is limited to the land being dedicated under the Crown lands legislation as a rail trail for recreational use.","sortOrder":797},{"sectionNumber":"200","sectionType":"section","heading":"Application","content":"#### 200 Application\n\n200 Application\n\n> This Part extends to any action taken by a rail infrastructure owner before the commencement of this Part.","sortOrder":798},{"sectionNumber":"Part 26","sectionType":"part","heading":"Provisions consequent on enactment of Government Sector Employment Legislation Amendment Act 2016","content":"# Part 26 Provisions consequent on enactment of Government Sector Employment Legislation Amendment Act 2016\n\nPart 26 Provisions consequent on enactment of [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002)","sortOrder":799},{"sectionNumber":"201","sectionType":"section","heading":"Definitions","content":"#### 201 Definitions\n\n201 Definitions\n\n> In this Part—\n> \n> amending Act means the [Government Sector Employment Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-002).\n> \n> existing senior executive means a person (other than an existing senior manager) who, immediately before the substitution of Part 7A of this Act by the amending Act, was employed as an executive officer under the former senior executive provisions.\n> \n> existing senior manager means a person who, immediately before the substitution of Part 7A of this Act by the amending Act, was—\n> \n> > (a) employed as an executive officer under the former senior executive provisions, and\n> \n> > (b) designated as a senior manager by the Transport Secretary.\n> \n> former senior executive provisions means the provisions of Part 7A of this Act as in force before its substitution by the amending Act (including any other provisions of this Act or the regulations that relate to the operation of that Part as so in force) applying in relation to existing senior executives or existing senior managers immediately before 1 July 2017.\n> \n> new senior executive provisions means the provisions of Part 7A of this Act (and any other provisions of this Act that relate to the operation of that Part), as substituted by the amending Act, and the provisions of Part 3B of the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004).","sortOrder":800},{"sectionNumber":"202","sectionType":"section","heading":"Continuation of public transport chief executives","content":"#### 202 Continuation of public transport chief executives\n\n202 Continuation of public transport chief executives\n\n> The appointment and term of office of a person holding office as a Chief Executive to whom Schedule 2 applies, the Chief Executive of the ITSR or the Chief Investigator of the Office of Transport Safety Investigations on the commencement of the amendments made to this Act by the amending Act is not affected by the amending Act.","sortOrder":801},{"sectionNumber":"203","sectionType":"section","heading":"Existing senior executives—transitional arrangements","content":"#### 203 Existing senior executives—transitional arrangements\n\n203 Existing senior executives—transitional arrangements\n\n> > (1) The Transport Secretary is, in consultation with the Public Service Commissioner, to prepare an implementation schedule for the staged implementation of the new senior executive provisions in relation to existing senior executives.\n> \n> > (2) The implementation schedule is to set out the date on which the new senior executive provisions will apply to existing senior executives. Different dates may be set for different existing senior executives.\n> \n> > (3) The date so set is the implementation date for the existing senior executive concerned.\n> \n> > (4) The implementation date for an existing senior executive may be changed by the Transport Secretary in consultation with the Public Service Commissioner.\n> \n> > (5) Until the implementation date for an existing senior executive, the former senior executive provisions continue to apply, and the new senior executive provisions do not apply, to the person despite the repeal of the former senior executive provisions by the amending Act.\n> \n> > (6) On the implementation date for an existing senior executive, the person—\n> > \n> > > (a) ceases to be employed under the former senior executive provisions, and\n> > \n> > > (b) is employed as a Transport Service senior executive under the new senior executive provisions in the same kind of employment in which the person was employed as an existing senior executive.\n> \n> > (7) The employment of any such person as a Transport Service senior executive under the new senior executive provisions is subject to the following—\n> > \n> > > (a) the person has a remuneration package that is equivalent to the person’s remuneration package under the former senior executive provisions even if it exceeds the band in which the person is employed,\n> > > \n> > > Note.\n> > > \n> > > The band in which the person is employed is determined by the Transport Secretary in accordance with section 68F(1) and (2).\n> > \n> > > (b) the person’s remuneration package may be increased in accordance with the former senior executive provisions whether or not the person remains within the band in which the person was employed on the implementation date,\n> > \n> > > (c) the person is not required to enter into a contract of employment under the new senior executive provisions and section 68H(2) of this Act does not apply in relation to the person,\n> > \n> > > (d) the person’s contract of employment under the former senior executive provisions continues to apply to the person,\n> > \n> > > (e) any such existing contract of employment may be extended or renewed, or varied, in accordance with the former senior executive provisions.","sortOrder":802},{"sectionNumber":"204","sectionType":"section","heading":"Existing senior managers—transitional arrangements","content":"#### 204 Existing senior managers—transitional arrangements\n\n204 Existing senior managers—transitional arrangements\n\n> > (1) On the commencement of the new senior executive provisions, an existing senior manager is taken to be employed under those provisions as a Transport Service senior manager in the same kind of employment in which the person was employed as an existing senior manager.\n> \n> > (2) The employment of any such senior manager under the new senior executive provisions is subject to the following—\n> > \n> > > (a) the person has a remuneration package that is equivalent to the person’s remuneration package under the former senior executive provisions,\n> > \n> > > (b) any such remuneration package may be subsequently increased in accordance with the arrangements in force under the former senior executive provisions,\n> > \n> > > (c) if the person was employed under the former senior executive provisions at a remuneration level equivalent to any person employed as a Transport Service senior executive under the new senior executive provisions, the person may, despite section 68J(1), continue to be paid remuneration at the senior executive level,\n> > \n> > > (d) the person is not required to enter into a contract of employment under the new senior executive provisions and the person’s contract of employment under the former senior executive provisions continues to apply,\n> > \n> > > (e) any such existing contract of employment may be extended or renewed, or varied, in accordance with the former senior executive provisions.\n> \n> > (3) Subclause (2) ceases to apply in relation to a Transport Service senior manager if the manager is subsequently employed in a role that has a remuneration level exceeding the remuneration paid to the manager immediately before being employed in the new role.","sortOrder":803},{"sectionNumber":"205","sectionType":"section","heading":"Existing non-executive employees","content":"#### 205 Existing non-executive employees\n\n205 Existing non-executive employees\n\n> > (1) A person (other than an existing senior executive or existing senior manager) who was employed in the Transport Service immediately before the substitution of Part 7A of this Act by the amending Act is, on that substitution, taken to be employed as a Transport Service non-executive employee in the same kind of employment.\n> \n> > (2) The substitution of Part 7A of this Act by the amending Act does not affect the continuity of service of a person taken to be employed under this clause, any accrued rights to leave under the former Part 7A or any accrual of rights to leave under this Act.","sortOrder":804},{"sectionNumber":"206","sectionType":"section","heading":"Pending recruitment action and eligibility lists","content":"#### 206 Pending recruitment action and eligibility lists\n\n206 Pending recruitment action and eligibility lists\n\n> > (1) Any recruitment action relating to an executive position (within the meaning of the former senior executive provisions) that was commenced but not completed before 1 July 2017 may be completed under and in accordance with the former senior executive provisions.\n> \n> > (2) A person who is recruited or offered employment in accordance with the former senior executive provisions is, on the commencement of the person’s employment under those provisions, taken to be a Transport Service senior executive or Transport Service senior manager (as the case requires).\n> \n> > (3) An eligibility list that is created in connection with any recruitment action completed in accordance with subclause (1) may be used in relation to a role that is comparable to the position or role for which the list is created, but only for a period of up to 12 months following the date of approval of the report by the relevant selection panel.\n> \n> > (4) An eligibility list that was current under the former senior executive provisions may continue to be used in relation to a role that is comparable to the position for which the list was created, but only for a period of up to 12 months following the date of approval of the report by the relevant selection panel.","sortOrder":805},{"sectionNumber":"207","sectionType":"section","heading":"Existing temporary arrangements","content":"#### 207 Existing temporary arrangements\n\n207 Existing temporary arrangements\n\n> Any acting appointment, temporary assignment or secondment of an existing senior executive or existing senior manager that had effect under the former senior executive provisions immediately before 1 July 2017 continues to have effect under the new senior executive provisions for the term of the acting appointment, temporary assignment or secondment of the executive or manager concerned.","sortOrder":806},{"sectionNumber":"208","sectionType":"section","heading":"Unsatisfactory performance and misconduct","content":"#### 208 Unsatisfactory performance and misconduct\n\n208 Unsatisfactory performance and misconduct\n\n> Any proceedings for unsatisfactory performance or misconduct pending under the former senior executive provisions immediately before 1 July 2017 are to continue to be dealt with under those provisions.","sortOrder":807},{"sectionNumber":"209","sectionType":"section","heading":"Existing groups of staff","content":"#### 209 Existing groups of staff\n\n209 Existing groups of staff\n\n> Anything done by the Transport Secretary under clause 32A of the [Transport Administration (Staff) Regulation 2012](/view/html/repealed/current/sl-2012-0437) and in force immediately before the repeal of that clause by the amending Act is taken to have been done under section 68Q(1) (as inserted by the amending Act).","sortOrder":808},{"sectionNumber":"210","sectionType":"section","heading":"Savings and transitional regulations","content":"#### 210 Savings and transitional regulations\n\n210 Savings and transitional regulations\n\n> > (1) The provisions of any regulation made under Part 1 of this Schedule consequent on the enactment of the amending Act have effect despite anything to the contrary in this Part.\n> \n> > (2) The regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act may make separate savings and transitional provisions or amend this Part to consolidate the savings and transitional provisions.","sortOrder":809},{"sectionNumber":"Part 27","sectionType":"part","heading":"Provisions relating to Sydney Trains and NSW Trains","content":"# Part 27 Provisions relating to Sydney Trains and NSW Trains\n\nPart 27 Provisions relating to Sydney Trains and NSW Trains","sortOrder":810},{"sectionNumber":"211","sectionType":"section","heading":"Saving of directions","content":"#### 211 Saving of directions\n\n211 Saving of directions\n\n> For the avoidance of doubt, any direction given by TfNSW under section 3G to Sydney Trains or NSW Trains continues to have effect.","sortOrder":811},{"sectionNumber":"212","sectionType":"section","heading":"Deeming references to RailCorp to include Sydney Trains, NSW Trains and RTC","content":"#### 212 Deeming references to RailCorp to include Sydney Trains, NSW Trains and RTC\n\n212 Deeming references to RailCorp to include Sydney Trains, NSW Trains and RTC\n\n> The regulations may provide that a reference to RailCorp in a specified provision of an Act, or an instrument made under an Act, includes a reference to any one or more of the following—\n> \n> > (a) Sydney Trains,\n> \n> > (b) NSW Trains,\n> \n> > (c) RTC,\n> \n> > (d) TfNSW.","sortOrder":812},{"sectionNumber":"213","sectionType":"section","heading":"Existing Chief Executives of Sydney Trains and NSW Trains","content":"#### 213 Existing Chief Executives of Sydney Trains and NSW Trains\n\n213 Existing Chief Executives of Sydney Trains and NSW Trains\n\n> The persons who, immediately before the commencement of this clause, held office as Chief Executive of Sydney Trains and Chief Executive of NSW Trains are taken to have been appointed as Chief Executive of Sydney Trains and Chief Executive of NSW Trains, respectively—\n> \n> > (a) for the balance of the term of office for which the person was so appointed before the commencement of this clause, and\n> \n> > (b) on the same terms and conditions as the person was so appointed.","sortOrder":813},{"sectionNumber":"214","sectionType":"section","heading":"NSW rail access undertakings—references to rail infrastructure owners","content":"#### 214 NSW rail access undertakings—references to rail infrastructure owners\n\n214 NSW rail access undertakings—references to rail infrastructure owners\n\n> Despite section 3, for the purposes of section 99C and Schedule 6AA, rail infrastructure owner in those provisions and in any relevant NSW rail access undertaking under those provisions does not include NSW Trains and Sydney Trains.","sortOrder":814},{"sectionNumber":"Part 28","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment (Sydney Metro) Act 2018","content":"# Part 28 Provisions consequent on enactment of Transport Administration Amendment (Sydney Metro) Act 2018\n\nPart 28 Provisions consequent on enactment of [Transport Administration Amendment (Sydney Metro) Act 2018](/view/html/repealed/current/act-2018-018)","sortOrder":815},{"sectionNumber":"215","sectionType":"section","heading":"First corporate plans for Sydney Metro","content":"#### 215 First corporate plans for Sydney Metro\n\n215 First corporate plans for Sydney Metro\n\n> Subject to the regulations, section 38L (Corporate plans) does not apply in relation to the first financial year of operation of Sydney Metro.","sortOrder":816},{"sectionNumber":"216","sectionType":"section","heading":"Reference to Sydney Metro in Local Government Act 1993 and Public Finance and Audit Act 1983","content":"#### 216 Reference to Sydney Metro in Local Government Act 1993 and Public Finance and Audit Act 1983\n\n216 Reference to Sydney Metro in [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and [Public Finance and Audit Act 1983](/view/html/inforce/current/act-1983-152)\n\n> The reference to Sydney Metro in the following provisions is taken, from the commencement of this clause, to be a reference to Sydney Metro as constituted under Part 3D of this Act—\n> \n> > (a) sections 600(9) and 742(7) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030),\n> \n> > (b) Schedule 2 to the [Public Finance and Audit Act 1983](/view/html/inforce/current/act-1983-152).","sortOrder":817},{"sectionNumber":"217","sectionType":"section","heading":"Deeming references to TfNSW, RailCorp or Sydney Trains to include Sydney Metro","content":"#### 217 Deeming references to TfNSW, RailCorp or Sydney Trains to include Sydney Metro\n\n217 Deeming references to TfNSW, RailCorp or Sydney Trains to include Sydney Metro\n\n> The regulations may provide that a reference to TfNSW, RailCorp or Sydney Trains in a specified provision of an Act, or an instrument made under an Act, includes a reference to Sydney Metro.","sortOrder":818},{"sectionNumber":"Part 29","sectionType":"part","heading":"Provisions consequent on dissolution of RMS","content":"# Part 29 Provisions consequent on dissolution of RMS\n\nPart 29 Provisions consequent on dissolution of RMS","sortOrder":819},{"sectionNumber":"218","sectionType":"section","heading":"Dissolution of RMS","content":"#### 218 Dissolution of RMS\n\n218 Dissolution of RMS\n\n> > (1) Roads and Maritime Services (RMS) is dissolved.\n> \n> > (2) The assets, rights and liabilities of RMS are, on its dissolution, transferred to Transport for NSW.\n> \n> > (3) Schedule 4 applies to the transfer of the assets, rights and liabilities of RMS by the operation of this clause and so applies as if this clause were an order to which that Schedule applies when this clause takes effect.\n> \n> > (4) Any act, matter or thing done or omitted to be done before the dissolution of RMS by, to or in respect of RMS is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of Transport for NSW.\n> \n> > (5) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to RMS is to be construed as a reference to Transport for NSW.\n> \n> > (6) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the Chief Executive of RMS is to be construed as a reference to Transport for NSW.\n> \n> > (7) Without limiting subclauses (2) and (3) and Schedule 4, any proceedings commenced by or on behalf of RMS but not completed before its dissolution are taken to have been commenced by or on behalf of TfNSW.\n> \n> > (8) For the purposes of subclause (7), proceedings includes any prosecution, investigation or other enforcement action.","sortOrder":820},{"sectionNumber":"219","sectionType":"section","heading":"Amalgamation of TfNSW Fund and RMS Fund","content":"#### 219 Amalgamation of TfNSW Fund and RMS Fund\n\n219 Amalgamation of TfNSW Fund and RMS Fund\n\n> > (1) The TfNSW Fund established under section 77 as substituted by the [Transport Administration Amendment (RMS Dissolution) Act 2019](/view/html/repealed/current/act-2019-019) is an amalgamation of and continuation of the following funds—\n> > \n> > > (a) the TfNSW Fund established under section 76A as in force immediately before its repeal by that Act,\n> > \n> > > (b) the RMS Fund established under section 77 as in force immediately before its substitution by that Act.\n> \n> > (2) A reference in any Act (other than this Act), in any instrument made under any Act or in any document of any kind to the RMS Fund (or the Roads and Maritime Services Fund) is to be construed as a reference to the TfNSW Fund.","sortOrder":821},{"sectionNumber":"220","sectionType":"section","heading":"Minimum number of TfNSW regional employees","content":"#### 220 Minimum number of TfNSW regional employees\n\n220 Minimum number of TfNSW regional employees\n\n> > (1) For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, the number of full time equivalent employees of Transport for NSW in regional NSW must not be reduced below the sum of the number of Roads and Maritime Services and Transport for NSW full time equivalent employees in regional NSW immediately before that dissolution.\n> \n> > (2) In this clause, regional NSW means that part of New South Wales that is not within the following areas—\n> > \n> > > (a) the Sydney metropolitan area within the meaning of the [Regional Development Act 2004](/view/html/inforce/current/act-2004-058),\n> > \n> > > (b) the local government area of the City of the Blue Mountains.","sortOrder":822},{"sectionNumber":"221","sectionType":"section","heading":"No forced redundancies for RMS staff","content":"#### 221 No forced redundancies for RMS staff\n\n221 No forced redundancies for RMS staff\n\n> > (1) The employment of a Transport Service non-executive employee who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services must not be terminated on the grounds of redundancy (other than voluntary redundancy).\n> \n> > (2) This clause continues to have effect only while any of the following awards apply to any non-executive employees in the Transport Service—\n> > \n> > > (a) the Roads and Maritime Services Consolidated Salaried Award 2019,\n> > \n> > > (b) the Roads and Maritime Services School Crossing Supervisors Award 2019,\n> > \n> > > (c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019,\n> > \n> > > (d) the Roads and Maritime Services (Wages Staff) Award 2019.","sortOrder":823},{"sectionNumber":"222","sectionType":"section","heading":"No privatisation of certain RMS work","content":"#### 222 No privatisation of certain RMS work\n\n222 No privatisation of certain RMS work\n\n> For the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services—\n> \n> > (a) any work that, immediately before that dissolution, was performed by Roads and Maritime Services must not be privatised to a non-government sector entity, and\n> \n> > (b) any contract in force immediately before that dissolution for the carrying out of road maintenance work on behalf of Roads and Maritime Services in the Sydney metropolitan area (within the meaning of the [Regional Development Act 2004](/view/html/inforce/current/act-2004-058)) by a non-government sector entity must not be extended in scope.","sortOrder":824},{"sectionNumber":"223","sectionType":"section","heading":"RMS awards not to be merged into Transport Service awards","content":"#### 223 RMS awards not to be merged into Transport Service awards\n\n223 RMS awards not to be merged into Transport Service awards\n\n> > (1) The Transport Secretary must ensure, for the period of 4 years commencing on the date of the dissolution of Roads and Maritime Services, that the existing RMS awards are maintained as separate awards and are not combined with any other award applying to employees in the Transport Service.\n> \n> > (2) Subclause (1) does not apply to an existing RMS award if all the industrial organisations that are parties to the award consent to the combination.\n> \n> > (3) In this clause, existing RMS award means the following—\n> > \n> > > (a) the Roads and Maritime Services Consolidated Salaried Award 2019,\n> > \n> > > (b) the Roads and Maritime Services School Crossing Supervisors Award 2019,\n> > \n> > > (c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019,\n> > \n> > > (d) the Roads and Maritime Services (Wages Staff) Award 2019.","sortOrder":825},{"sectionNumber":"224","sectionType":"section","heading":"Certain industrial disputes regarding dissolution of RMS may be resolved by Industrial Relations Commission","content":"#### 224 Certain industrial disputes regarding dissolution of RMS may be resolved by Industrial Relations Commission\n\n224 Certain industrial disputes regarding dissolution of RMS may be resolved by Industrial Relations Commission\n\n> > (1) If a person who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services to whom an RMS award applied is of the opinion that the person has been materially disadvantaged by that dissolution or actions directly consequent on that dissolution, the person, or an industrial organisation acting on behalf of the person, may apply to the Industrial Relations Commission to have the matter determined by conciliation and, if necessary, arbitration.\n> \n> > (2) However, the person, or industrial organisation acting on behalf of the person, before making the application to the Industrial Relations Commission under subclause (1), must follow the dispute settlement procedure set out in the applicable RMS award as far as is reasonably practicable in the circumstances.\n> \n> > (3) The Industrial Relations Commission may conduct the dispute resolution process in a manner that the Commission considers appropriate.\n> \n> > (4) The Industrial Relations Commission may make orders in relation to the matter that the Commission considers are fair and reasonable in the circumstances.\n> \n> > (5) If a Transport Service senior executive or Transport Service senior manager who, immediately before the dissolution of Roads and Maritime Services, was a member of staff of Roads and Maritime Services is of the opinion that the executive or manager has been materially disadvantaged by that dissolution or actions directly consequent on that dissolution, the executive or manager, or an industrial organisation acting on behalf of the executive or manager, may apply to the Transport Secretary to review the matter.\n> \n> > (6) The Transport Secretary may, after reviewing the matter, make directions that the Transport Secretary considers are fair and reasonable in the circumstances.\n> \n> > (7) The Transport Secretary may delegate any of the Transport Secretary’s functions under subclauses (5) and (6) to a person employed in the Transport Service.\n> \n> > (8) In this clause—\n> > \n> > industrial organisation means—\n> > \n> > > (a) an industrial organisation of employees within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or\n> > \n> > > (b) an association of employees registered as an organisation under the [Fair Work (Registered Organisations) Act 2009](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > RMS award means the following—\n> > \n> > > (a) the Roads and Maritime Services Consolidated Salaried Award 2019,\n> > \n> > > (b) the Roads and Maritime Services School Crossing Supervisors Award 2019,\n> > \n> > > (c) the Roads and Maritime Services (Traffic Signals Staff) Award 2019,\n> > \n> > > (d) the Roads and Maritime Services (Wages Staff) Award 2019.\n> \n> > (9) To avoid doubt, nothing in this clause affects the operation of section 74 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) or section 68O of this Act.\n> \n> > (10) Subclauses (1), (2) and (5) cease to have effect on the expiry of the period of 4 years commencing on the dissolution of Roads and Maritime Services.","sortOrder":826},{"sectionNumber":"Part 30","sectionType":"part","heading":"Provisions relating to TAHE","content":"# Part 30 Provisions relating to TAHE\n\nPart 30 Provisions relating to TAHE","sortOrder":827},{"sectionNumber":"225","sectionType":"section","heading":"After SOC conversion day references to RailCorp may be deemed not to be references to TAHE","content":"#### 225 After SOC conversion day references to RailCorp may be deemed not to be references to TAHE\n\n225 After SOC conversion day references to RailCorp may be deemed not to be references to TAHE\n\n> Despite section 53 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), the regulations may provide that, on and from SOC conversion day, a specified reference in an Act (other than this Act) or instrument, or in another document, to RailCorp is not taken to be a reference to TAHE.\n> \n> Note.\n> \n> Section 53 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) provides that if an Act alters the name of a body—\n> \n> > (a) the body continues in existence under its new name so that its identity is not affected, and\n> \n> > (b) a reference in any Act or instrument, or in any other document, to the body under its former name shall, except in relation to matters that occurred before the alteration took place, be read as a reference to the body under its new name.","sortOrder":828},{"sectionNumber":"226","sectionType":"section","heading":"Timetable for first statement of corporate intent","content":"#### 226 Timetable for first statement of corporate intent\n\n226 Timetable for first statement of corporate intent\n\n> A period within which any matter is required to be done under section 21 of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) in connection with the first statement of corporate intent of TAHE may be extended by the voting shareholders of TAHE, but any such period of extension is not to exceed 3 months.","sortOrder":829},{"sectionNumber":"227","sectionType":"section","heading":"Exemption from State taxes for TAHE as a SOC for 12 months","content":"#### 227 Exemption from State taxes for TAHE as a SOC for 12 months\n\n227 Exemption from State taxes for TAHE as a SOC for 12 months\n\n> > (1) State tax is not chargeable in respect of any of the following—\n> > \n> > > (a) land owned by, or leased to, TAHE and used primarily for railway purposes (other than land subject to a lease or licence by TAHE to another person other than a public transport agency),\n> > \n> > > (b) any other matter or thing done by TAHE in the exercise of its functions.\n> \n> > (2) TAHE is not liable for payment of the parking space levy under the [Parking Space Levy Act 2009](/view/html/inforce/current/act-2009-005) in respect of any premises owned by, or leased to, TAHE (other than premises subject to a lease or licence by TAHE to another person).\n> \n> > (3) Subclauses (1) and (2) have effect for the period of 12 months commencing on the SOC conversion day.\n> \n> > (4) The regulations under this Act may, on the recommendation of the Minister and with the approval of the Treasurer, provide that State tax is not chargeable in respect of any matter or thing, or classes of matters or things, prescribed by the regulations and done by TAHE in the exercise of its functions after the end of that period.\n> \n> > (5) The provisions of this clause are in addition to and do not derogate from the provisions of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134).\n> \n> > (6) In this clause—\n> > \n> > railway purposes includes the following—\n> > \n> > > (a) the operation and maintenance of the NSW rail network,\n> > \n> > > (b) stations and platforms,\n> > \n> > > (c) office buildings used in association with railway purposes,\n> > \n> > > (d) rolling stock maintenance facilities,\n> > \n> > > (e) freight centres and depots,\n> > \n> > > (f) related facilities,\n> > \n> > > (g) purposes ancillary to other purposes set out in this definition.\n> > \n> > State tax means duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) or any other tax, duty, rate, fee or other charge imposed by or under any Act or law of the State, other than payroll tax and the fire and emergency services levy under the [Fire and Emergency Services Levy Act 2017](/view/html/inforce/current/act-2017-009).","sortOrder":830},{"sectionNumber":"Part 31","sectionType":"part","heading":"Provisions authorising closure of railway lines in Northern Rivers","content":"# Part 31 Provisions authorising closure of railway lines in Northern Rivers\n\nPart 31 Provisions authorising closure of railway lines in Northern Rivers","sortOrder":831},{"sectionNumber":"228","sectionType":"section","heading":"Closure of railway lines from Crabbes Creek to Condong and from Casino to Bentley","content":"#### 228 Closure of railway lines from Crabbes Creek to Condong and from Casino to Bentley\n\n228 Closure of railway lines from Crabbes Creek to Condong and from Casino to Bentley\n\n> > (1) For the purposes of section 99A, a rail infrastructure owner is authorised to close the whole or any part of the railway line that runs from—\n> > \n> > > (a) Crabbes Creek (Rail KM 909.95) to Condong (Rail KM 938.64), and\n> > \n> > > (b) Old Casino Station Precinct, Casino (Rail KM 806.9) to Back Creek Bridge, Bentley (Rail KM 819.7).\n> > \n> > Note.\n> > \n> > Rail KM is rail kilometrage and measures distance in kilometres from Central Station, Sydney.\n> \n> > (2) Accordingly, a rail infrastructure owner authorised under this clause may sell or otherwise dispose of the land concerned and remove the railway tracks and other works concerned.","sortOrder":832},{"sectionNumber":"229","sectionType":"section","heading":"Land to remain in public ownership","content":"#### 229 Land to remain in public ownership\n\n229 Land to remain in public ownership\n\n> > (1) The land referred to in clause 228 may be sold or otherwise disposed of only if the transferee is—\n> > \n> > > (a) a transport authority within the meaning of section 94, or\n> > \n> > > (b) a public subsidiary corporation of a transport authority, or\n> > \n> > > (c) a State owned corporation, or\n> > \n> > > (d) the Crown or a person or body acting on behalf of the Crown, or\n> > \n> > > (e) a local council.\n> \n> > (2) This clause extends to the sale or disposal of the land by a person or body specified in subclause (1).\n> \n> > (3) This clause does not apply to a lease of the land.","sortOrder":833},{"sectionNumber":"230","sectionType":"section","heading":"Lease of land for certain purposes only","content":"#### 230 Lease of land for certain purposes only\n\n230 Lease of land for certain purposes only\n\n> > (1) The land referred to in clause 228 may be leased for recreation, tourism or community and related purposes only.\n> \n> > (2) This clause extends to the lease of the land by a person or body to whom the land is transferred under clause 229.\n> \n> > (3) A lease under this clause does not prevent the acquisition of the land in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).","sortOrder":834},{"sectionNumber":"231","sectionType":"section","heading":"Application","content":"#### 231 Application\n\n231 Application\n\n> This Part extends to action taken by a rail infrastructure owner before the commencement of this Part.","sortOrder":835},{"sectionNumber":"Part 32","sectionType":"part","heading":"Provisions consequent on transfer of functions to National Heavy Vehicle Regulator","content":"# Part 32 Provisions consequent on transfer of functions to National Heavy Vehicle Regulator\n\nPart 32 Provisions consequent on transfer of functions to National Heavy Vehicle Regulator","sortOrder":836},{"sectionNumber":"232","sectionType":"section","heading":"Relevant employees","content":"#### 232 Relevant employees\n\n232 Relevant employees\n\n> In this Part—\n> \n> relevant employee means a member of staff of TfNSW who is employed in a role with functions relating, or giving effect, to the functions of TfNSW under the following legislation, and includes a member of staff so employed immediately before their employment was transferred under this Part to the National Heavy Vehicle Regulator—\n> \n> > (a) the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a),\n> \n> > (b) the road transport legislation, within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), relating to heavy vehicle inspections.","sortOrder":837},{"sectionNumber":"233","sectionType":"section","heading":"Transfer of employees to National Heavy Vehicle Regulator","content":"#### 233 Transfer of employees to National Heavy Vehicle Regulator\n\n233 Transfer of employees to National Heavy Vehicle Regulator\n\n> > (1) The Minister may, by written order, transfer the employment of a relevant employee (a transferred employee) to the employment of the National Heavy Vehicle Regulator.\n> \n> > (2) A transfer of employment under this clause does not require the consent of the transferred employee.\n> \n> > (3) The terms and conditions of employment of a transferred employee with the National Heavy Vehicle Regulator are—\n> > \n> > > (a) for a contract employee—the terms and conditions determined by the Minister and specified in the order that transfers the employee’s employment, or\n> > \n> > > (b) otherwise—the terms and conditions that applied to the employee under a State industrial instrument, including under local arrangements, if any, approved in accordance with the industrial instrument, as a relevant employee immediately before the transfer of employment.\n> \n> > (4) The terms and conditions cannot be varied during an employment guarantee period for the transferred employee except—\n> > \n> > > (a) by agreement entered into by or on behalf of a majority of the transferred employees, or\n> > \n> > > (b) in accordance with the industrial instrument or the terms of local arrangements, if any, approved in accordance with the industrial instrument.\n> \n> > (5) The employment of a transferred employee with the National Heavy Vehicle Regulator cannot be terminated by the National Heavy Vehicle Regulator during an employment guarantee period for the transferred employee, except—\n> > \n> > > (a) for serious misconduct, or\n> > \n> > > (b) as a result of the proper application of reasonable disciplinary procedures, or\n> > \n> > > (c) by agreement with the employee.\n> \n> > (6) There is an employment guarantee period for transferred employees who are permanent or temporary employees, as follows—\n> > \n> > > (a) for permanent employees—the employment guarantee period is 2 years after the transfer date,\n> > \n> > > (b) for temporary employees—the employment guarantee period is the shorter of the following periods—\n> > > \n> > > > (i) the remainder of the employee’s current term of employment, as specified in the arrangements under which the employee was engaged as a temporary employee, immediately before the transfer date,\n> > > \n> > > > (ii) the period of 2 years after the transfer date.\n> > \n> > Note—\n> > \n> > There is no employment guarantee period for contract employees or casual employees. The employment of a transferred employee who is a contract employee remains governed by the contract of employment.\n> \n> > (7) In this clause—\n> > \n> > casual employee means an employee whose employment is in a category of employment that is described in or classified under a State industrial instrument as casual employment or who is otherwise engaged as a casual employee.\n> > \n> > contract employee means an employee whose terms and conditions of employment are provided by an individual contract and not by a State industrial instrument.\n> > \n> > permanent employee means an employee whose employment is of indefinite duration and who is not a casual employee, temporary employee or contract employee.\n> > \n> > temporary employee means an employee, other than a casual employee or contract employee, whose employment is in a category of employment that is described in or classified under a State industrial instrument as temporary employment or whose employment is, under the terms of the person’s employment, for a limited period.\n> > \n> > transfer date means the date on which the employment of a transferred employee is transferred under this clause to the National Heavy Vehicle Regulator.","sortOrder":838},{"sectionNumber":"234","sectionType":"section","heading":"Continuity of entitlements of transferred employees","content":"#### 234 Continuity of entitlements of transferred employees\n\n234 Continuity of entitlements of transferred employees\n\n> > (1) On the transfer of a person’s employment from TfNSW to the National Heavy Vehicle Regulator by order under this Part, the following provisions have effect—\n> > \n> > > (a) the person is entitled to continue as a contributor, member or employee for the purposes of a superannuation scheme in respect of which the person was a contributor, member or employee, as a member of staff of TfNSW, immediately before the transfer of employment and remains entitled subject to a variation to that entitlement made either by agreement or otherwise in accordance with law,\n> > \n> > > (b) the National Heavy Vehicle Regulator is taken to be an employer for the purposes of a superannuation scheme in respect of which the person continues as a contributor, member or employee in relation to an entitlement under this clause,\n> > \n> > > (c) the continuity of the person’s employment is taken not to have been broken by the transfer of employment, and service of the person with TfNSW, including service deemed to be service with TfNSW, that is continuous service up to the time of transfer is deemed to be service with the National Heavy Vehicle Regulator,\n> > \n> > > (d) the person is entitled to elect to be paid the monetary value of all or part of the annual leave accrued, but not taken, by the person immediately before the transfer of employment,\n> > \n> > > (e) if, immediately before the transfer of employment, the person has at least 7 years of continuous service with TfNSW, including service deemed to be service with TfNSW, the person is entitled to elect to be paid the monetary value of all or part of the extended leave accrued, but not taken, by the person immediately before the transfer,\n> > \n> > > (f) the person retains their rights to annual leave, extended leave, family and community service leave and sick leave accrued, but not taken, by the person immediately before the transfer of employment, except accrued leave for which the person has, under paragraph (d) or (e), been paid the monetary value.\n> \n> > (2) The Minister may, in connection with the operation of this Part, give a written certificate about the extent of the accrued rights to annual leave, extended leave, family and community service leave or sick leave that are retained by a person under this Part, and the certificate is evidence of the matters certified.\n> \n> > (3) A person is not entitled, in respect of the same period of service, to claim a benefit under this Act and another law or instrument.","sortOrder":839},{"sectionNumber":"235","sectionType":"section","heading":"Operation of other laws and entitlements","content":"#### 235 Operation of other laws and entitlements\n\n235 Operation of other laws and entitlements\n\n> > (1) The following provisions apply in relation to the transfer of a person’s employment under this Part—\n> > \n> > > (a) the transfer has effect despite another law, a contract or an instrument under a law,\n> > \n> > > (b) the transfer does not constitute a retrenchment, redundancy or termination of employment at the initiative of the Crown or TfNSW,\n> > \n> > > (c) the person transferred is not entitled to a payment or other benefit by reason only of having ceased to be a member of staff of TfNSW as a result of the transfer of employment,\n> > \n> > > (d) TfNSW is not required to make a payment to the transferred person in relation to the transferred person’s accrued rights in respect of annual leave, extended leave, family and community service leave or sick leave, otherwise than in accordance with this Part.\n> \n> > (2) Part 29 of this Schedule does not prevent or limit anything that can be done by or under this Part.\n> \n> > (3) Without limiting subclause (2)—\n> > \n> > > (a) this Part prevails over Part 29 of this Schedule to the extent of any inconsistency, and\n> > \n> > > (b) a transferred employee in regional NSW, within the meaning of clause 220 of this Schedule, is taken not to be included in the sum referred to in that clause.","sortOrder":840},{"sectionNumber":"236","sectionType":"section","heading":"Operation of Commonwealth law","content":"#### 236 Operation of Commonwealth law\n\n236 Operation of Commonwealth law\n\n> A provision of this Act, including a provision to the extent that it imposes or continues a term or condition of employment, has no effect to the extent of an inconsistency with a provision of the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth or of an instrument under that Act.","sortOrder":841},{"sectionNumber":"Part 33","sectionType":"part","heading":"Provisions authorising transfer from TfNSW Fund","content":"# Part 33 Provisions authorising transfer from TfNSW Fund\n\nPart 33 Provisions authorising transfer from TfNSW Fund","sortOrder":842},{"sectionNumber":"237","sectionType":"section","heading":"Transfer from TfNSW Fund","content":"#### 237 Transfer from TfNSW Fund\n\n237 Transfer from TfNSW Fund\n\n> > (1) On the commencement of this clause, $5,041,880,696 is transferred from the TfNSW Fund to the Consolidated Fund.\n> \n> > (2) This clause has effect despite anything in this Act or the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).","sortOrder":843},{"sectionNumber":"Part 34","sectionType":"part","heading":"Provisions consequent on enactment of Transport Administration Amendment Act 2024","content":"# Part 34 Provisions consequent on enactment of Transport Administration Amendment Act 2024\n\nPart 34 Provisions consequent on enactment of [Transport Administration Amendment Act 2024](/view/pdf/asmade/act-2024-58)","sortOrder":844},{"sectionNumber":"238","sectionType":"section","heading":"Agreements entered into by Cities Revitalisation and Place and Smart Places teams","content":"#### 238 Agreements entered into by Cities Revitalisation and Place and Smart Places teams\n\n238 Agreements entered into by Cities Revitalisation and Place and Smart Places teams\n\n> An agreement, in force on the commencement of this clause, entered into by one of the following teams within the Department of Transport for and on behalf of the Crown is taken to have instead been entered into by TfNSW—\n> \n> > (a) the Cities Revitalisation and Place team,\n> \n> > (b) the Smart Places team.","sortOrder":845},{"sectionNumber":"239","sectionType":"section","heading":"Conversion of TAHE to TAM","content":"#### 239 Conversion of TAHE to TAM\n\n239 Conversion of TAHE to TAM\n\n> The regulations may deal with matters relating to the conversion of TAHE to TAM, including the transfer of staff to the Transport Service.","sortOrder":846},{"sectionNumber":"240","sectionType":"section","heading":"Chief executive officer and other directors of TAHE","content":"#### 240 Chief executive officer and other directors of TAHE\n\n240 Chief executive officer and other directors of TAHE\n\n> > (1) The person holding office as the chief executive officer of TAHE immediately before the commencement of this clause ceases to hold that office.\n> \n> > (2) A director of TAHE, other than the chief executive officer, ceases to hold office on the commencement of this clause.\n> \n> > (3) No compensation or remuneration is payable to a person as a consequence of—\n> > \n> > > (a) the person ceasing to hold an office by operation of this clause, or\n> > \n> > > (b) the effect on a person’s existing contract of employment because of the operation of this clause.","sortOrder":847},{"sectionNumber":"241","sectionType":"section","heading":"TAM’s first corporate plan","content":"#### 241 TAM’s first corporate plan\n\n241 TAM’s first corporate plan\n\n> > (1) TAM must prepare its first corporate plan, in accordance with section 13, as inserted by the [Transport Administration Amendment Act 2024](/view/pdf/asmade/act-2024-58), within the period approved by the Minister for the purposes of this clause.\n> \n> > (2) The statement of corporate intent applicable to TAHE under the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) immediately before the commencement of section 13 continues to apply to TAM until TAM complies with that section, subject to a direction of the Minister.","sortOrder":848},{"sectionNumber":"242","sectionType":"section","heading":"TAM’s first annual report","content":"#### 242 TAM’s first annual report\n\n242 TAM’s first annual report\n\n> > (1) Section 14 does not apply to TAM’s first annual report,\n> \n> > (2) However, TAM’s first annual report must specify details of the following that occurred during the period concerned—\n> > \n> > > (a) a sale or other disposal of land vested in or owned by TAM,\n> > \n> > > (b) a lease of that land of more than 5 years duration, and","sortOrder":849},{"sectionNumber":"243","sectionType":"section","heading":"Existing authorisations","content":"#### 243 Existing authorisations\n\n243 Existing authorisations\n\n> > (1) To avoid doubt, an authorisation granted to TAHE under an Act, other than this Act, or a statutory rule, and in force immediately before the commencement of this clause continues to be held by TAM on the same terms and conditions as TAHE held the authorisation immediately before the commencement.\n> \n> > (2) In this clause—\n> > \n> > authorisation includes a licence, permit, approval or consent.","sortOrder":850},{"sectionNumber":"Part 35","sectionType":"part","heading":"Provision consequent on enactment of Transport Administration Amendment (NSW Motorways) Act 2024","content":"# Part 35 Provision consequent on enactment of Transport Administration Amendment (NSW Motorways) Act 2024\n\nPart 35 Provision consequent on enactment of [Transport Administration Amendment (NSW Motorways) Act 2024](/view/pdf/asmade/act-2024-95)","sortOrder":851},{"sectionNumber":"244","sectionType":"section","heading":"NSW Motorways’ first corporate plan","content":"#### 244 NSW Motorways’ first corporate plan\n\n244 NSW Motorways’ first corporate plan\n\n> NSW Motorways must prepare its first corporate plan, in accordance with section 39H, within the period approved by the Transport Secretary for this clause.","sortOrder":852},{"sectionNumber":"Part 36","sectionType":"part","heading":"Dissolution of Residual Transport Corporation","content":"# Part 36 Dissolution of Residual Transport Corporation\n\nPart 36 Dissolution of Residual Transport Corporation","sortOrder":853},{"sectionNumber":"245","sectionType":"section","heading":"Dissolution of Residual Transport Corporation","content":"#### 245 Dissolution of Residual Transport Corporation\n\n245 Dissolution of Residual Transport Corporation\n\n> > (1) The Residual Transport Corporation is dissolved.\n> \n> > (2) The Residual Transport Corporation Fund is abolished.","sortOrder":854},{"sectionNumber":"Part 37","sectionType":"part","heading":"Dissolution of SRA Residual Holding Corporation","content":"# Part 37 Dissolution of SRA Residual Holding Corporation\n\nPart 37 Dissolution of SRA Residual Holding Corporation","sortOrder":855},{"sectionNumber":"246","sectionType":"section","heading":"Date of dissolution of SRA Residual Holding Corporation","content":"#### 246 Date of dissolution of SRA Residual Holding Corporation\n\n246 Date of dissolution of SRA Residual Holding Corporation\n\n> To avoid doubt, the State Rail Authority Residual Holding Corporation, also known as the SRA Residual Holding Corporation, is taken to have been dissolved on 30 June 2025.\n> \n> Note—\n> \n> A proclamation dissolving the State Rail Authority Residual Holding Corporation was notified on the NSW legislation website on 27 June 2025 and published in the Gazette on 1 July 2025.","sortOrder":856},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":null,"content":"# Schedule 8\n\nSchedules 8–9 (Repealed)\n\n**sch 8, hdg:** Ins 2003 No 96, Sch 1 \\[185\\]. Am 2007 No 22, Sch 4 \\[10\\]. Rep 2025 No 66, Sch 3.1\\[5\\].\n\n**sch 8:** Ins 2003 No 96, Sch 1 \\[185\\]. Am 2004 No 31, Sch 1 \\[115\\] \\[116\\]; 2006 No 2, Sch 4.75 \\[7\\]; 2007 No 22, Sch 4 \\[10\\]–\\[36\\]; 2010 No 31, Sch 7.1 \\[73\\] \\[74\\]; 2017 No 12, Schs 1.1\\[67\\], 2.1\\[49\\]. Rep 2025 No 66, Sch 3.1\\[5\\].\n\n**sch 8A:** Ins 2010 No 31, Sch 4.1 \\[15\\]. Am 2011 No 41, Sch 1 \\[18\\] \\[63\\] \\[64\\]. Rep 2013 No 111, Sch 1.13 \\[7\\].\n\n**sch 9:** Ins 2010 No 31, Sch 5.1 \\[3\\]. Am 2011 No 41, Sch 1 \\[18\\] \\[63\\]–\\[65\\]. Rep 2012 No 95, Sch 2.39 \\[6\\]. Ins 2017 No 12, Sch 1.1 \\[68\\]. Rep 2025 No 66, Sch 2.1\\[33\\].","sortOrder":857},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Transferred provisions—Tocumwal Railway Extension Act 1906","content":"# Schedule 10 Transferred provisions—Tocumwal Railway Extension Act 1906\n\nSchedule 10 Transferred provisions—[Tocumwal Railway Extension Act 1906](/view/pdf/asmade/act-1906-57)\n\n**sch 10:** Ins 2006 No 5, Sch 1 \\[6\\]. Rep 2010 No 31, Sch 5.1 \\[4\\]. Ins 2011 No 27, Sch 3.14.","sortOrder":858},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":null,"content":"# Schedule 11\n\nSchedule 11 (Repealed)\n\n**sch 11:** Ins 2006 No 5, Sch 1 \\[6\\]. Am 2006 No 58, Sch 1.38 \\[7\\]–\\[10\\]; 2009 No 54, Sch 2.53 \\[3\\]. Rep 2010 No 31, Sch 5.1 \\[4\\].","sortOrder":863}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1988 Act was focused on establishing and administering specific government transport corporations of the era. Over nearly four decades, its scope has expanded dramatically to encompass a constantly shifting landscape of transport agencies — including Sydney Metro, Transport for NSW, the ITSR, and various privatisation and commercialisation arrangements — far beyond what would have been contemplated in 1988. The Act now functions as the central constitutional document for the entire NSW public transport system rather than simply an administrative framework for a handful of original bodies."},"complexity_factors":["Extraordinarily long legislative history — nearly 90 distinct versions since 2001 alone, reflecting constant structural reforms to NSW transport agencies","Multiple government bodies created and governed under the one Act, each with different powers, functions, and accountability structures","Pending uncommenced amendments from the Passenger Transport Act 2014, creating uncertainty about the current legal position","Interaction with numerous other Acts, regulations, and administrative arrangements orders","Wholesale renaming and restructuring of agencies over time (e.g. Rail Infrastructure Corporation becoming Country Rail Infrastructure Authority; ITSRR becoming ITSR), requiring careful reading of which version of the Act applies to any given period","Covers multiple complex subject areas simultaneously: corporate law for statutory bodies, employment law, property and land acquisition, safety regulation, and commercial contracting","Cross-references to schedules with complex transitional provisions","Part of a broader ecosystem of transport legislation that must be read together to understand the full picture"],"plain_english_summary":"## Transport Administration Act 1988 (NSW)\n\n### What is this law?\n\nThis is the foundational law that sets up and governs how **New South Wales public transport is organised and run**. Originally passed in 1988, it establishes the structure of government transport bodies — think agencies like Sydney Trains, Transport for NSW, NSW TrainLink, and Sydney Metro — spelling out their powers, how they're managed, and how they relate to the NSW Government.\n\n### Who does it affect?\n\nPretty much **every NSW resident** who uses or is affected by public transport:\n- **Commuters** on trains, buses, ferries, and light rail\n- **Transport workers** employed by government transport agencies\n- **Landowners and businesses** near transport infrastructure (railways, stations, depots)\n- **Contractors and private operators** who work with government transport bodies\n- **Taxpayers** funding the public transport system\n\n### What does it actually do?\n\n- **Creates and defines transport agencies** — sets out which bodies exist, what they can do, and how they're governed\n- **Regulates safety oversight** — establishes the Independent Transport Safety Regulator (ITSR), the government body that monitors rail and transport safety\n- **Manages government transport assets** — deals with who owns and controls railway tracks, stations, rolling stock (trains and buses), and other infrastructure\n- **Governs employment** — sets rules for transport workers, including conditions specific to the public transport sector\n- **Enables transport contracts** — provides the legal framework for the government to enter agreements with private operators to run transport services\n- **Controls land and property** — governs how transport land can be acquired, used, or disposed of\n\n### Why does it matter to you?\n\nIf your train is late, if a station is being built near your home, if you work for a government transport body, or if your business deals with public transport — this law is the rulebook that governs all of it. It's the backbone of NSW's entire public transport system.\n\n### Important note\n\nThis Act has been **amended dozens of times** since 1988 — nearly 90 different versions exist — reflecting constant restructuring of NSW transport agencies over nearly four decades. Some amendments from the *Passenger Transport Act 2014* have still **not yet commenced** (meaning they're passed but not yet in effect), adding a layer of complexity to the current state of the law."},"kimi_summary":{"_metrics":{"completionTokens":952},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1988 scope. Originally focused on establishing the State Transit Authority and basic transport administration, it now encompasses: (1) seven separate transport agencies with distinct functions; (2) complex rail access and competition arrangements with ARTC; (3) detailed employment frameworks for the Transport Service; (4) toll road management through NSW Motorways (2024); (5) automated metro systems; (6) multi-modal integration requirements; and (7) extensive safety investigation powers. The 2024 amendments particularly expanded scope into toll data collection and sharing for relief schemes, moving beyond traditional infrastructure management into consumer financial administration."},"complexity_factors":["Multiple repealed and re-enacted Parts creating historical layering (Parts 2A, 2B, 4, 4A, 6, 6A all repealed and replaced over time)","Extensive cross-referencing to other Acts (Roads Act 1993, Rail Safety National Law, Passenger Transport Act 1990, Government Sector Employment Act 2013, etc.)","47+ defined terms in section 3 including nested definitions (e.g., 'rail infrastructure facilities' with 15+ sub-elements)","Multiple governance structures with overlapping responsibilities (TfNSW, TAM, Sydney Metro Board, TAM advisory board, Transport Advisory Board)","Conditional logic for staff transfers between agencies with preservation of entitlements (Division 4 of Part 7)","Nested exceptions in Part 8A (ARTC arrangements) including prohibitions on vertical integration with exceptions","Schedule 1 contains 8 separate functional areas with sub-divisions and delegated legislative powers","Financial provisions establish 7 separate funds with complex payment rules (TAM Fund, TfNSW Fund, Sydney Ferries Fund, etc.)","Safety regulation framework with multiple regulators (National Rail Safety Regulator, Chief Investigator) and review mechanisms (section 3H)","Recent amendments in 2024 and 2025 adding NSW Motorways and new toll data sharing provisions"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Transport Administration Act 1988**, the main law that sets up and governs how transport services are delivered in New South Wales. Think of it as the rulebook that creates the organisations, defines their jobs, and sets the standards for running trains, buses, ferries, roads, and tollways across the state.\n\n**Key things it establishes:**\n\n- **Transport for NSW (TfNSW)** — the central planning and coordinating body that oversees the whole transport system, sets policy, and manages funding\n- **Transport Asset Manager (TAM)** — holds and manages transport infrastructure like railway lines, stations, and land\n- **Operating agencies** that actually run services:\n  - **Sydney Trains** — suburban and metro rail services in Sydney\n  - **NSW Trains** — regional and intercity rail services\n  - **Sydney Metro** — automated metro rail services\n  - **State Transit Authority** — buses and Newcastle ferries\n  - **Sydney Ferries** — harbour and river ferry services\n  - **NSW Motorways** — toll roads and toll collection (newly added in 2024)\n\n**What it covers:**\n\n- **Planning and coordination** — TfNSW sets the \"Standard Working Timetable\" and integrates different transport modes\n- **Safety** — establishes the Chief Investigator for transport accidents and safety oversight\n- **Infrastructure** — powers to acquire land, build transport projects, and manage assets\n- **Funding** — creates special funds for each agency, sets rules for fares and government subsidies\n- **Staff** — the \"Transport Service\" employment framework for senior executives and other staff\n- **Private sector involvement** — allows public-private partnerships and contracting out services\n- **Rail access** — rules for third parties to use the rail network, including arrangements with the Australian Rail Track Corporation (ARTC)\n\n**Why it matters:**\n\nThis Act determines who is responsible for getting you to work, how much your train fare costs, whether new motorways get built, and what happens when there's a transport accident. It balances commercial operation (making money) with public service obligations (serving communities, safety, environmental sustainability). The 2024 amendments added NSW Motorways to centralise toll road management and introduced new powers for sharing toll data to administer toll relief schemes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as recorded in these notes reflects an expanded and reorganised administrative architecture compared with a narrow transport‑delivery statute. It centralises system planning and budget coordination in TfNSW (sch 1; s 3G), creates a statutory asset‑holding commercial body TAM with explicit powers to acquire, develop and dispose of land and assets (ss 7–9), and formalises ministerial control and delegation across multiple agencies (s 3B). The Act also contains significant transitional and restructuring steps (dissolution/transfer of Railway Services Authority functions, conversion of TAHE to TAM, large fund transfer at s 237(1)) and sets out project‑specific procedures for major works (Parramatta Rail Link, ss 124–127). These changes broaden the Act’s functional scope from pure operational rules to include asset commercialisation, procurement coordination, and centralised financial decision‑making, while retaining statutory safety review protections (s 3H(1)–(8)) and employee transition safeguards (ss 233–235)."},"complexity_factors":["Multiple central agencies with overlapping and delegated functions (TfNSW, TAM, public transport agencies, Sydney Metro) (s 3C; s 4; sch 1).","Strong Ministerial control and widespread delegation powers to the Transport Secretary and agency chiefs (s 3B(1)–(4)).","TfNSW’s power to direct agencies and require budgets/information, with procedural safety‑review suspension rights (s 3G; s 3H(1)–(8)).","TAM’s extensive asset management, land acquisition and commercial development powers including compulsory acquisition (ss 7–9).","Detailed corporate planning and public consultation requirements for agencies (s 3F; 38L(1)–(6)).","Complex financial and pricing rules: Authorities set charges by order but must have regard to central pricing policies and publish orders (s 85; s 86; s 87).","Special project‑specific statutory carve‑outs and construction authority regimes for Parramatta Rail Link (ss 124–127).","Employment and transfer rules that interact with other laws and instruments (transfer of staff to NHVR, employment guarantees, superannuation continuity: ss 233–235; s 234).","Transitional arrangements, entity dissolutions and large fund transfers (Railway Services Authority dissolutions, TAHE to TAM conversion, s 237 fund transfer) increasing statutory cross‑references (Part 5; Part 7; s 237).","Enforcement and penalty notice regime with vicarious liability for parking offences, and interaction with courts and regulations (s 116; s 117; s 118; s 119)."],"plain_english_summary":"What the law does, mechanically\n\n- Creates and organises the main NSW transport agencies and sets out what each must do. It establishes Transport for NSW (TfNSW) as a corporate NSW agency responsible for system planning, funding allocation, coordination, procurement and some direct delivery functions (s 3C; sch 1(1)–(1)(m); s 3D). It also continues or constitutes the Transport Asset Manager (TAM) as a separate agency that holds, manages and commercialises transport assets (s 4; ss 5–11).\n\n- Gives the Minister formal powers to control and direct senior officials and to delegate many Ministerial powers to the Transport Secretary, agency chiefs or to Sydney Metro (s 3B(1)–(4)). It recognises a purchaser–provider model for public transport agencies and requires agencies to take account of central Statements of Expectations and pricing policies (s 2B(2); s 3G; s 86(2)).\n\n- Establishes planning, accountability and reporting requirements. TfNSW and other agencies must prepare corporate plans (TfNSW: 5 years, s 3F; Sydney Metro: annual corporate plan with public consultation obligations, 38L(1)–(6)). Agencies must provide budgets and other information when directed by TfNSW (s 3G(2); s 81(2)).\n\n- Sets out functions and powers of TfNSW and TAM. TfNSW’s functions include system planning, allocating public funding, coordinating capital works and procurement, incident management, integrated ticketing and advising the Minister (sch 1(1)–(2); sch 1 s 3–5). TAM’s functions include holding/operating transport assets, leasing or making assets available, acquiring and disposing of land, participating in development projects, and running ancillary/commercial activities (ss 7–9).\n\n- Provides explicit rules for rail land, metropolitan rail area mapping and dealings with the Australian Rail Track Corporation (ARTC) (s 3A; s 88B(1)–(7)). The metropolitan rail area is defined by a map that the Minister may amend for management purposes; certain changes require ARTC consent (s 3A(1)–(5)).\n\n- Preserves independent safety-regulation avenues. If a TfNSW direction might affect a transport authority’s safety management system, the authority may seek review by an independent safety regulator; the direction may be suspended during that review and TfNSW can confirm/change/revoke it after receiving advice (s 3H(1)–(8); sch 1 s 4A(1)–(4)).\n\n- Sets financial and pricing arrangements for public transport authorities. Authorities may set charges and fares by order (s 85(2)–(3)); orders must be published (s 87). The Minister may set classes for free or concessional travel (s 88). Authorities must notify the Minister before general fare adjustments and have regard to Minister‑approved pricing policies (s 86(1)–(2)).\n\n- Establishes enforcement and penalty mechanisms for offences on transport land, including vicarious liability of vehicle owners for parking offences on certain land (owner treated as offender, subject to nomination/defences) (s 116(1)–(7)). An authorised officer may issue penalty notices for prescribed offences (s 117(1)–(7)); matters proceed in the Local Court if not dealt with by penalty notice (s 118). Regulations can create offences and set penalties (s 119(1)–(2)).\n\n- Contains project‑specific and transitional provisions. It declares the Parramatta Rail Link an authorised public work with particular land‑acquisition, planning and heritage arrangements (ss 124–127), carries over and reorganises legacy entities (Railway Services Authority dissolutions and transfers, Part 5; transfer/treatment of TAHE to TAM and related transitional rules, Part 7), and allows transfer of staff and funds in specific circumstances (employment transfers, ss 233–235; fund transfer of $5,041,880,696 from the TfNSW Fund to the Consolidated Fund, s 237(1)).\n\nOfficial purpose statements and how they relate to the mechanics\n\n- The Act explicitly states its administration objectives: create an efficient, accountable governance framework for transport services; promote integration across modes; enable planning and delivery of infrastructure and services; and preserve independent safety regulation (s 2A). Public transport agencies are told to pursue customer focus, freight/economic development, planning and investment, integration, efficiency and safety as common objectives (s 2B(1)–(2)).\n\n- Mechanically, the Act implements those purposes by: centralising planning and budget coordination in TfNSW (sch 1; s 3G), creating TAM as the State asset holder able to develop and commercialise land/assets (ss 7–9), and building procedural protections for safety where operational directions affect safety management systems (s 3H).\n\nCosts, incentives and trade‑offs (source‑grounded testing of the purpose claims)\n\n- Who pays: the State funds capital and operating programs through budget allocations administered by TfNSW (sch 1(1)(b)); passengers may pay fares set by Authorities under orders (s 85(2)–(3)); vehicle owners can bear parking penalties on transport land (s 116). A non‑exhaustive, explicit instance of money moved between State accounts is the transfer of $5,041,880,696 from the TfNSW Fund to the Consolidated Fund (s 237(1)).\n\n- Who decides: the Minister has formal control over the Transport Secretary and listed agency chiefs and can give directions (s 3B(1)); TfNSW has powers to direct certain public transport bodies and requires budgets and information from them (s 3G(1)–(2)). Agencies set fares and operational orders (s 85(2)–(3)), but must have regard to Minister‑approved pricing policies (s 86(2)).\n\n- Behaviour likely changed by the mechanics: agencies face central budgeting and prioritisation pressures because TfNSW can demand operating and capital budgets and give directions (s 3G). TAM is given explicit commercial powers to develop, acquire and dispose of land and assets (ss 7–9), creating incentives for asset monetisation or joint ventures. Authorities can set fares and conditions by order (s 85), which concentrates pricing decisions within those Authorities but under central policy influence (s 86).\n\n- Compliance burden and reporting requirements: agencies must prepare corporate plans (s 3F; 38L), provide budgets and specified financial returns to the Treasurer or TfNSW (s 81(2); s 3G(2)), and comply with TfNSW directions except where safety review processes apply (s 3H). These obligations create ongoing administrative work to produce plans, budgets and safety impact assessments.\n\n- Bureaucratic discretion and oversight: the Minister’s broad direction powers (s 3B) and TfNSW’s ability to direct agencies (s 3G) centralise decision rights. Delegation chains allow functions to be delegated and sub‑delegated (s 3I–3M; 38M), which expands administrative discretion but preserves accountability paths because instruments and directions are recorded.\n\n- Safety vs. delivery trade‑off: when TfNSW directions may affect safety management systems, the affected authority can request an independent review that suspends the direction pending findings (s 3H(2)–(7)). This creates a procedural check but also introduces potential delay in implementing directions.\n\n- Asset development and local planning interactions: TAM may acquire land compulsorily (s 9) and pursue residential/commercial/mixed‑use developments with Minister approval (s 8). Those powers can create concentrated financial benefits for the State or TAM through land development while imposing planning and environmental compliance tasks and potential opportunity costs for other uses (ss 8–9; sch 1(1)(k)). The Act also gives TfNSW a role advising planning authorities about precinct planning (sch 1(1)(k)).\n\n- Project‑specific legal carve‑outs and implementation risk: the Parramatta Rail Link provisions alter normal planning, heritage and certain EPA/Heritage procedural requirements for that project (ss 124–127). Mechanically, this reduces the standard approval pathways for that project, which can speed delivery but changes the normal statutory checks (s 125; s 126; s 127).\n\nConcentrated benefits, diffuse costs and substitution effects (source‑grounded observations)\n\n- TAM’s commercial development powers (ss 7–9) concentrate decision authority and potential financial benefit in a State asset manager; the general public finance cost/benefit and distributional impacts depend on how TAM exercises those powers. The notes show the legal mechanism (acquisition, development, sale/lease) but do not set out market outcomes.\n\n- The authority to set or change fares and the requirement to have regard to central pricing policies (s 85; s 86) concentrates price‑setting within Authorities subject to central guidance; this can shift costs to passengers if pricing decisions prioritize revenue or resource allocation.\n\nImplementation risks and opportunity costs\n\n- Central direction and budget coordination (s 3G) can speed integrated decision‑making but creates an implementation dependence on timely data, corporate plans and inter‑agency cooperation (s 3G(2); s 3F). The safety review mechanism (s 3H) mitigates safety risk but introduces potential delays.\n\n- Land acquisition powers (s 9) and project‑specific exemptions (ss 124–127) lower certain statutory hurdles for specified works but concentrate decisions with rail authorities and the Minister, shifting oversight and imposing obligations on the acquiring authority to satisfy other statutory conditions (e.g. National Parks & Wildlife Act constraints in s 125(3)).\n\nKey procedural protections and limitations\n\n- Safety regulation review: an affected transport authority may seek independent safety regulator review when a TfNSW direction has safety implications; the process temporarily suspends the direction and requires the regulator to report within statutory time frames (s 3H(2)–(7); sch 1 s 4A).\n\n- Limits on some powers: TAM cannot employ staff directly (s 3E(4) referencing Part 7A); Ministerial approval is required for certain land acquisitions and disposals (s 9; s 8). ARTC consent is required before moving land into/out of the metropolitan rail area in specified circumstances (s 3A(4)–(5)).\n\nWho pays, who decides, and what changes in behaviour, in plain sentences\n\n- Taxpayers and the State fund transport budgets administered by TfNSW (sch 1(1)(b)).\n- Passengers pay fares set by Authorities under orders; those orders must be published and take account of central policies (s 85(2)–(3); s 87; s 86(2)).\n- Vehicle owners on agency land can be held liable for parking offences unless they validly nominate the driver (s 116(1)–(4B)).\n- The Minister decides broad policy and may direct agency chiefs; TfNSW decides system planning, budget coordination and can direct agencies on operations and budgets (s 3B(1); s 3G(1)–(2)).\n- TAM decides how to hold, develop, lease or sell transport assets within the statutory framework and subject to Ministerial approvals for certain acquisitions (ss 7–9; s 8). These mechanics incentivise agencies to plan corporately, centralise budgeting, and for TAM to consider commercial asset use.\n\nPrimary implementation tasks and administrative requirements\n\n- Agencies must produce corporate plans and budgets, respond to TfNSW directions, and publish specified information (s 3F; 38L; s 3G(2); s 87(4)).\n- Where directions might affect safety systems, agencies must engage the independent safety regulator process (s 3H).\n- Specific projects like the Parramatta Rail Link follow tailored acquisition and approval rules (ss 124–127).\n\nThis summary is based only on the provisions cited above (selected sections and schedules). It focuses on what the law establishes, who exercises the powers, who bears financial or compliance burdens and the concrete mechanisms through which the objectives in s 2A and s 2B are implemented (with the procedural checks noted in s 3H and the reporting/plan obligations in s 3F and 38L)."}},"importantCases":[],"_links":{"self":"/api/acts/transport-administration-act-1988","history":"/api/acts/transport-administration-act-1988/history","analysis":"/api/acts/transport-administration-act-1988/analysis","conflicts":"/api/acts/transport-administration-act-1988/conflicts","importantCases":"/api/acts/transport-administration-act-1988/important-cases","documents":"/api/acts/transport-administration-act-1988/documents"}}