65DTransport Restructuring Order may confer additional duty, function or power on a sector transport agency

65D Transport Restructuring Order may confer additional duty, function or power on a sector transport agency S. 65D(1) amended by No. 49/2019 s. 37(a). (1) A Transport Restructuring Order may confer a duty, function or power which is conferred on the Secretary or a sector transport agency under any transport legislation on a sector transport agency. (2) The conferral of a duty, function or power under subsection (1) may be conferred subject to any of the following— (a) the duty, function or power is to be performed or exercised concurrently or only by the sector transport agency on which the duty, function or power is conferred; (b) the duty, function or power is to be performed or exercised by the sector transport agency on which the duty, function or power is conferred for a period specified in the Transport Restructuring Order or on an ongoing basis. S. 65D(3) amended by No. 49/2019 s. 37(b). (3) Any duty, function or power conferred under this section is in addition to, and does not limit, any other duty, function or power conferred on a sector transport agency by any transport legislation. S. 65DA inserted by No. 19/2022 s. 25. 65DA Imposition and conferral of specific duties, functions and powers to support and assist in giving effect to Transport Restructuring Order (a) a Transport Restructuring Order— (i) imposes duties and confers functions or powers on a sector transport agency under transport legislation; and (ii) provides that those duties, functions and powers are only to be performed or exercised by that sector transport agency on an ongoing basis; and (b) the duties, functions and powers referred to in paragraph (a)(ii) were all of the duties imposed and functions and powers conferred on another sector transport agency (the ***previous transport sector agency***); and (c) the previous transport sector agency continues to exist. (2) On and after the day on which the Transport Restructuring Order comes into operation, the previous transport sector agency is taken to have the following functions, powers and duties— (a) the duty to comply with any direction given to it by the Minister or Secretary under this Act; (b) the function of providing any support or assistance that the Minister, the Secretary and any other transport sector agency requires to enable them to give effect to the Transport Restructuring Order; (c) the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of the duty under paragraph (a) and the function under paragraph (b); (d) the duty to have regard to the transport system objectives in exercising its powers and performing the function under paragraph (b). S. 65E inserted by No. 3/2017 s. 3.