2011
2011
2012-04-01
act
government
publicspecial
act.reprint
act-1987-015
partuncommenced
2011-08-23
2011-09-07
1
2011
none
act-2011-041
5cfa696e-026f-41a8-b3ec-28f9f21cc151
a77cee23-20d7-4dc5-aa54-a64b14b6cc61
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend the Transport Administration Act 1988 to
establish Transport for NSW and the Transport Service and to make further
provision with respect to the administration of public transport in New South
Wales; and for other purposes.
1Name of
Act
This Act is the Transport
Legislation Amendment Act 2011.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Transport Administration Act 1988 No
109
[1]–[65]
sch 1: Am 1987 No 15,
sec 30C.
Schedules 2, 3
sch 2: Rep 1987 No
15, sec 30C.
sch 3: Rep 1987 No
15, sec 30C.
Schedule 4Amendments relating to the
abolition of Country Rail Infrastructure Authority
4.1Transport Administration Act 1988 No
109
[1]Section 3
Definitions
Omit the definition of Country
Rail Infrastructure Authority from section 3
(1).
[2]Section 3, definition of
“public transport agency” (as inserted by Schedule 1 to this
Act)
Omit “the Country Rail Infrastructure
Authority,”.
[3]Section 3B Ministerial
responsibility and delegation
Omit section 3B (1) (f).
[4]Section 3G Directions by TfNSW
to public transport agencies (as inserted by Schedule 1 to this
Act)
Omit section 3G (1) (f).
[5]Part 2B Country Rail
Infrastructure Authority
Omit the Part.
[6]Section 42A
Definitions
Omit paragraph (d) of the definition of transport
authority.
[7]Section 55A Definition of
“transport authority”
Omit paragraph (g) of the definition of transport
authority.
[8]Part 7, Division 3A Staff of
Country Rail Infrastructure Authority
Omit the Division.
[9]Section 65
Definitions
Omit paragraph (g) of the definition of transport
authority.
[10]Part 8, Division 3B Financial
provisions relating to Country Rail Infrastructure
Authority
Omit the Division.
[11]Section 81A
Definition
Omit paragraph (f) of the definition of Authority.
[12]Section 88A
Definitions
Omit “, the Country Rail Infrastructure
Authority” from the definition of rail
authority.
[13]Section 88G Severance of rail
infrastructure facilities and from leased or licensed
land
Omit “the Country Rail Infrastructure
Authority” wherever occurring in section 88G (1) and (2).
Insert instead
“TfNSW”.
[14]Section 89
Definitions
Omit “the Country Rail Infrastructure
Authority,” from the definition of rail
authority.
[15]Section 107 Definition of
“transport authority”
Omit paragraph (c3) of the definition of transport
authority in section 107 (1).
[16]Section 109 Seals of
Authorities
Omit paragraph (f) of the definition of Authority in section 109
(2).
[17]Section 112 Personal liability
of certain persons
Omit “the Country Rail Infrastructure
Authority,” from the definition of member of
a transport authority in section 112
(2).
[18]Section 122
Definitions
Omit “, the Country Rail Infrastructure
Authority” from the definition of rail
authority.
[19]Schedule 2 Provisions relating
to Chief Executives
Omit paragraph (f) of the definition of Chief Executive in clause
1.
[20]Schedule 5 Extended leave for
certain staff
Omit paragraph (f) of the definition of Authority in clause
2.
[21]Schedule 6A, clause 1,
definition of “rail authority”
Omit “the Country Rail Infrastructure
Authority” from paragraph (a).
[22]Schedule 6A, clause 2 Country
Rail Infrastructure Authority’s rail infrastructure
facilities
Omit the clause.
[23]Schedule 6A, clauses 2C (4),
2D (2) and 13A (1), (2), (5) and (7)
Omit “the Country Rail Infrastructure
Authority” wherever occurring.
Insert instead
“TfNSW”.
[24]Schedule 6A, clause
13
Omit the clause.
[25]Schedule 6A, clause 13A
(4)
Omit “or the Country Rail Infrastructure
Authority”.
[26]Schedule 6B Special provisions
for underground rail facilities
Omit “the Country Rail Infrastructure
Authority,” from the definition of rail authority in clause 1
(1).
[27]Schedule 7 Savings,
transitional and other provisions
Insert at the end of Part 20 (as inserted by
Schedule 1 to this Act) with appropriate Division and clause numbering:
DivisionProvisions consequent on
abolition of CRIA
Abolition of
CRIA
(1)
The Country Rail Infrastructure Authority is
abolished.
(2)
The assets, rights and liabilities of the Country
Rail Infrastructure Authority are, on the abolition of the Authority,
transferred to Transport for NSW.
(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.
(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 New South Wales.
4.2Electricity (Consumer Safety) Act 2004 No
4
Section 3
Definitions
Omit paragraph (b) of the definition of electricity supply authority in
section 3 (1).
4.3First
State Superannuation Act 1992 No 100
Schedule 1
Employers
Omit “Country Rail Infrastructure
Authority”.
4.4Public
Finance and Audit Act 1983 No 152
Schedule 2 Statutory
bodies
Omit “Country Rail Infrastructure
Authority”.
4.5Public
Sector Employment and Management Act 2002 No
43
[1]Section 63
Definitions
Omit “or the Country Rail Infrastructure
Authority” from section 63 (2) (a1).
[2]Schedule 2 Executive positions
(other than non-statutory SES positions)
Omit “Chief Executive of the Country Rail
Infrastructure Authority” from Part 2.
4.6State
Authorities Non-contributory Superannuation Act 1987 No
212
Schedule 1
Employers
Omit “Country Rail Infrastructure
Authority” from Part 1.
4.7State
Authorities Superannuation Act 1987 No
211
Schedule 1
Employers
Omit “Country Rail Infrastructure
Authority” from Part 1.
4.8Superannuation Act 1916 No
28
Schedule 3 List of
employers
Omit “Country Rail Infrastructure
Authority” from Part 1.
Schedule 5Consequential and other
amendments
5.1–5.37
5.38Public
Sector Employment and Management Act 2002 No
43
[1]–[5]
[6]Schedule 1, Part
3
Omit the matter relating to the Transport Special
Services Group, Department of Transport.
[7], [8]
5.39–5.61
sch 5: Am 1987 No 15,
sec 30C.
Historical
notes
Table of amending
instruments
Transport
Legislation Amendment Act 2011 No 41. Assented to
13.9.2011. Date of commencement of Sch 1 [1]–[41] [43]–[52] [53]
(except to the extent that it inserts cl 5 of Sch 1 to the Transport Administration Act 1988) and
[54]–[65], Sch 2 and Sch 5.1–5.37, 5.38 [1]–[5] [7] and [8]
and 5.39–5.61, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011; date of
commencement of Sch 1 [42] and [53] (to the extent that it inserts cl 5 of Sch
1 to the Transport Administration Act
1988) and Sch 3, 31.3.2012, sec 2 and 2012 (124) LW
30.3.2012; date of commencement of the remainder: not in force.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Am 1987 No
15, sec 30C.
Schs 2,
3
Rep 1987 No
15, sec 30C.
Sch
5
Am 1987 No
15, sec 30C.