2006
2006
2006-12-04
act
government
publicspecial
act.reprint
allinforce
2005-11-16
2005-11-16
0
2006-12-04
act-2006-120
2005
none
act-2006-005
02682853-400a-453f-9fdf-377a2176cb75
2aebd010-9a7d-4b2c-821c-4882e683f439
Note—
The Act was repealed by Sch 4 to the Statute Law (Miscellaneous Provisions) Act (No 2)
2006 No 120 with effect from
4.12.2006.
An Act to amend the Transport Administration Act 1988 to
constitute a Public Transport Ticketing Corporation; and for related
purposes.
1Name of
Act
This Act is the Transport
Administration Amendment (Public Transport Ticketing Corporation) Act
2006.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Transport Administration Act 1988 No
109
The Transport
Administration Act 1988 is amended as set out in Schedule
1.
Schedule 1Amendments
(Section 3)
[1]Long
title
Insert “Public Transport Ticketing
Corporation,” after “Transport Infrastructure Development
Corporation,”.
[2]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
Public
Transport Ticketing Corporation means the Public Transport
Ticketing Corporation constituted under this Act.
[3]Part 3B
Insert after Part 3A:
Part 3BPublic Transport Ticketing
Corporation
Division 1Constitution of Public
Transport Ticketing Corporation
35REstablishment of Public
Transport Ticketing Corporation
(1)
There is constituted by this Act a corporation
with the corporate name of the Public Transport Ticketing
Corporation.
(2)
The Public Transport Ticketing
Corporation:
(a)
has the functions conferred or imposed on it by
or under this or any other Act, and
(b)
is, for the purposes of any Act, a statutory body
representing the Crown, and
(c)
has the status, privileges and immunities of the
Crown.
Division 2Objectives of Public Transport
Ticketing Corporation
35SObjectives of Public Transport
Ticketing Corporation
(1)
The principal objectives of the Public Transport
Ticketing Corporation are:
(a)
to provide ticketing and fare payment services to
public transport operators in the State, and
(b)
to promote and facilitate the integration of
ticketing products and fare payment systems for public transport in the
State,
in an efficient, effective and financially responsible
manner.
(2)
The other objectives of the Public Transport
Ticketing Corporation are as follows:
(a)
to be a successful business and, to that
end:
(i)
to operate at least as efficiently as any
comparable business, and
(ii)
to maximise the net worth of the State’s
investment in the Corporation,
(b)
to exhibit a sense of social responsibility by
having regard to the interests of the community in which it
operates,
(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,
(d)
to exhibit a sense of responsibility towards
regional development and decentralisation in the way in which it
operates.
(3)
The other objectives of the Public Transport
Ticketing Corporation are of equal importance, but are not as important as the
principal objectives of the Corporation.
Division 3Functions of Public Transport
Ticketing Corporation
35TFunctions of Public Transport
Ticketing Corporation
(1)
The principal functions of the Public Transport
Ticketing Corporation are:
(a)
to establish and manage a ticketing and fare
payment system for public transport passengers and participating public
transport operators in the State, and
(b)
to control and manage any funds within the
ticketing and fare payment system that represent unused prepaid
fares.
(2)
Without limiting any other functions conferred or
imposed on it, the Public Transport Ticketing Corporation may conduct any
business related to the operation of its ticketing and fare payment system and
for that purpose use any property or the services of any staff of the
Corporation.
(3)
The Public Transport Ticketing Corporation has
such other functions as are conferred or imposed on it by or under this or any
other Act or law.
(4)
The Public Transport Ticketing Corporation may
exercise its functions within or outside New South
Wales.
Division 4Management of Public Transport
Ticketing Corporation
35UConstitution of Public
Transport Ticketing Corporation Board
(1)
There is constituted a Public Transport Ticketing
Corporation Board.
(2)
The Board is to consist of:
(a)
the Chief Executive Officer of the Public
Transport Ticketing Corporation, and
(b)
not fewer than 3 and not more than 7 members
appointed by the Minister.
(3)
The persons appointed by the Minister must each
or together have such expertise as the Minister considers necessary in order
to realise the principal objectives of the Public Transport Ticketing
Corporation.
(4)
The Minister is to ensure that the Board includes
representatives of public transport operators in the
State.
(5)
Part 1 of Schedule 10 has effect with respect to
the constitution and procedure of the Board.
35VBoard to determine policies of
Public Transport Ticketing Corporation
(1)
The Public Transport Ticketing Corporation Board
has the function of determining the policies of the Public Transport Ticketing
Corporation.
(2)
In exercising that function, the Board is, as far
as practicable, to ensure that the activities of the Public Transport
Ticketing Corporation are carried out properly and
efficiently.
35WChief Executive Officer of
Public Transport Ticketing Corporation
(1)
The Governor may appoint a Chief Executive
Officer of the Public Transport Ticketing Corporation.
(2)
Part 2 of Schedule 10 has effect with respect to
the Chief Executive Officer.
35XChief Executive Officer to
manage Public Transport Ticketing Corporation
(1)
The affairs of the Public Transport Ticketing
Corporation are to be managed and controlled by the Chief Executive Officer of
that Corporation in accordance with the policies of the Public Transport
Ticketing Corporation Board.
(2)
Any act, matter or thing done in the name of, or
on behalf of, the Public Transport Ticketing Corporation by the Chief
Executive Officer is taken to have been done by the Public Transport Ticketing
Corporation.
35YMinisterial
control
(1)
The Minister may give the Public Transport
Ticketing Corporation Board written directions in relation to the exercise of
the Public Transport Ticketing Corporation’s
functions.
(2)
Subject to this section, the Board and the Chief
Executive Officer of the Public Transport Ticketing Corporation must ensure
that the Public Transport Ticketing Corporation complies with any such
direction.
(3)
However, the Minister may make a direction under
this section that has a significant financial consequence for the Public
Transport Ticketing Corporation only if the Minister has obtained the
concurrence of the Treasurer.
35ZPublic Transport Ticketing
Corporation to supply information to Minister
The Public Transport Ticketing Corporation
must:
(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
(b)
keep the Minister informed of the general conduct
of its activities, and of any significant development in its
activities.
35ZACorporate
plans
(1)
The Public Transport Ticketing Corporation must,
at least 3 months before the beginning of each financial year of the
Corporation, prepare and deliver to the Minister a draft corporate plan for
the financial year.
(2)
The Public Transport Ticketing Corporation
must:
(a)
consider any comments on the draft corporate plan
that were made by the Minister within 2 months after the draft plan was
delivered to the Minister, and
(b)
deliver the completed corporate plan to the
Minister before the beginning of the financial year
concerned.
(3)
During the preparation of a corporate plan after
the commencement of this subsection, the Public Transport Ticketing
Corporation 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.
(4)
The Public Transport Ticketing Corporation is to
make the completed corporate plan available for public inspection. However,
the Corporation 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 Freedom of Information Act
1989.
(5)
The Public Transport Ticketing Corporation must,
as far as practicable, exercise its functions in accordance with the relevant
corporate plan.
(6)
A corporate plan is to specify:
(a)
the separate activities of the Public Transport
Ticketing Corporation and, in particular, the separate commercial and
non-commercial activities, and
(b)
the objectives of each such separate activity for
the financial year concerned and for future financial years,
and
(c)
the strategies, policies and budgets for
achieving those objectives in relation to each such separate activity,
and
(d)
the targets and criteria for assessing the
Corporation’s performance.
(7)
This section is subject to any requirement made
by or under this Act (including the requirements of any direction by the
Minister under section 35Y).
35ZBDelegation of functions of
Public Transport Ticketing Corporation
(1)
The Public Transport Ticketing Corporation may
delegate to an authorised person any of the functions of the Corporation,
other than this power of delegation.
(2)
A delegate may sub-delegate to an authorised
person any function delegated by the Public Transport Ticketing Corporation if
the delegate is authorised in writing to do so by the
Corporation.
(3)
In this section, authorised person means:
(a)
an officer of the Public Transport Ticketing
Corporation, or
(b)
a person of a class prescribed by the regulations
or approved by the Public Transport Ticketing Corporation
Board.
Division 5Financial provisions relating
to Public Transport Ticketing Corporation
35ZCPublic Transport Ticketing
Corporation Fund
(1)
There is established in the Special Deposits
Account in the Treasury a Public Transport Ticketing Corporation
Fund.
(2)
The following is to be paid into the Public
Transport Ticketing Corporation Fund:
(a)
all money received by or on account of the Public
Transport Ticketing Corporation,
(b)
all money advanced to the Public Transport
Ticketing Corporation by the Treasurer or appropriated by Parliament for the
purposes of the Corporation,
(c)
all other money required by or under this or any
other Act to be paid into the Fund.
(3)
The following is be paid from the Public
Transport Ticketing Corporation Fund:
(a)
all payments made on account of the Public
Transport Ticketing Corporation or otherwise required to meet expenditure
incurred in relation to the functions of the Corporation,
(b)
all other payments required by or under this or
any other Act to be paid from the Fund.
35ZDPayment of dividend to
Treasurer
(1)
The Public Transport Ticketing Corporation is to
pay to the Treasurer, out of any surplus for a financial year, such dividend
as the Minister determines.
(2)
The Minister is not to make a determination under
this section unless:
(a)
the Minister has had regard to the advice of the
Public Transport Ticketing Corporation on the financial affairs of the
Corporation and any recommendation with respect to the determination,
and
(b)
the Treasurer approves of the
determination.
35ZEApplication of certain
financial provisions
Sections 81 (Financial duties of the Authorities)
and 82 (Financial year) apply to the Public Transport Ticketing Corporation as
if it were an Authority.
35ZFState
taxation
(1)
Tax under a law of the State is not payable in
relation to:
(a)
an exempt matter, or
(b)
anything done (including, for example, a
transaction entered into or an instrument or document made, executed, lodged
or given) because of, or for a purpose connected with or arising out of, an
exempt matter.
(2)
The regulations may, on the recommendation of the
Minister and with the approval of the Treasurer, provide that State tax is not
payable in respect of any matter or thing, or classes of matters or things,
prescribed by the regulations and done by the Public Transport Ticketing
Corporation.
(3)
The Treasurer or a person authorised by the
Treasurer may, by a written instrument, certify that:
(a)
a specified matter or thing is an exempt matter,
or
(b)
a specified thing was done (including, for
example, a transaction entered into or an instrument or document made,
executed, lodged or given) because of, or for a purpose connected with or
arising out of, a specified exempt matter.
(4)
For all purposes and in all proceedings, a
certificate under this section is conclusive evidence of the matters
certified, except so far as the contrary is established.
(5)
In this section:
exempt
matter means the transfer of assets, rights or liabilities
to the Public Transport Ticketing Corporation or any of its subsidiaries from
the State, any authority of the State or any subsidiary of an authority of the
State, or giving effect to such a transfer.
tax means duty under the Duties Act 1997 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.
Division 6General
35ZGDisclosure of
information
An employee, contractor, or an employee of a
contractor, of the Public Transport Ticketing Corporation must not disclose
any information obtained in connection with the administration or operation of
the ticketing and fare payment system managed by the Corporation unless that
disclosure is made:
(a)
with the consent of the person from whom the
information was obtained, or
(b)
in connection with the administration or
operation of the ticketing and fare payment system, or
(c)
in accordance with the Freedom of Information Act 1989,
or
(d)
in accordance with a requirement imposed under
the Ombudsman Act 1974,
or
(e)
with other lawful
excuse.
Maximum penalty: 20 penalty
units.
35ZHCriminal records
checks
(1)
The Public Transport Ticketing Corporation may,
in order to establish whether an employee or contractor, or an employee of a
contractor, of that Corporation should be associated with the exercise of the
Corporation’s functions:
(a)
request any such person to provide proof of the
person’s identity, and
(b)
request that the Commissioner of Police undertake
a criminal records check on the person and, for that purpose, provide the
Commissioner with any information or material that the Corporation has in its
possession.
(2)
The Commissioner of Police may, in response to a
request under this section, provide the Public Transport Ticketing Corporation
with a report detailing the person’s criminal
record.
35ZIStaff
(1)
The Public Transport Ticketing Corporation may
employ such staff as it requires to exercise its
functions.
(2)
The Public Transport Ticketing Corporation may
fix the salary, wages and conditions of its staff in so far as they are not
fixed by or under any other Act or law.
(3)
The regulations may make provision for or with
respect to the employment of the staff of the Public Transport Ticketing
Corporation, including the conditions of employment and the discipline of any
such staff.
(4)
Any such regulations relating to the conditions
of employment or the discipline of staff:
(a)
have effect subject to any relevant award made by
a competent industrial tribunal and to any industrial agreement or enterprise
agreement to which the Public Transport Ticketing Corporation is a party,
and
(b)
have effect despite any determination of the
Public Transport Ticketing Corporation under subsection
(2).
(5)
The Public Transport Ticketing Corporation may
arrange for the use of the services of any staff (by secondment or otherwise)
or facilities of a government department, an administrative office or a public
or local authority.
(6)
The Public Transport Ticketing Corporation may
engage such consultants as the Corporation requires to exercise its
functions.
(7)
This section does not apply to the appointment,
employment or conditions of employment of the Chief Executive Officer of the
Public Transport Ticketing Corporation.
35ZJTransfer of certain assets,
rights and liabilities to Public Transport Ticketing
Corporation
(1)
The Minister may, by order in writing, direct
that the assets, rights and liabilities of a transport authority, that relate
to or are connected with the operation of a ticketing and fare payment system
and that are specified or referred to in the order, be transferred to Public
Transport Ticketing Corporation.
(2)
An order under this section may be subject to
specified terms and conditions.
(3)
Schedule 4 applies to the transfer of assets,
rights and liabilities under this section.
(4)
Words and expressions used in this section have
the same meanings as they have in Schedule 4.
(5)
In this section, transport
authority means:
(a)
RailCorp, or
(b)
Sydney Ferries, or
(c)
the State Transit
Authority.
35ZKApplication of certain
provisions
Sections 109–113 and 115 apply to the
Public Transport Ticketing Corporation as if the Corporation were an Authority
or transport authority.
35ZLAmendment of Public Finance and Audit Act 1983 No
152
The Public Finance
and Audit Act 1983 is amended by inserting in Schedule 2,
in alphabetical order, the words “Public Transport Ticketing
Corporation”.
35ZMConversion of Public Transport
Ticketing Corporation into a statutory SOC
The Governor may, by proclamation published in
the Gazette, commence the amendments to this Act set out in Schedule
11.
[4]Schedule 4 Transfer of assets,
rights and liabilities
Insert after clause 2 (1) (b):
(c)
an order under section 35ZJ transferring assets,
rights or liabilities specified or referred to in the order to Public
Transport Ticketing Corporation,
[5]Schedule 7 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Transport
Administration Amendment (Public Transport Ticketing Corporation) Act
2006
[6]Schedules 10 and
11
Insert in appropriate order:
Schedule 10Provisions relating to
constitution and procedure of Public Transport Ticketing Corporation Board and
Chief Executive Officers
(Sections 35U and
35W)
Part 1Constitution and procedure of
Public Transport Ticketing Corporation Board
1Definitions
In this Schedule:
appointed
member, in relation to the Board, means a member of the
Board other than the Chief Executive Officer.
Board means the Public Transport
Ticketing Corporation Board.
Chief
Executive Officer means the Chief Executive Officer of the
Public Transport Ticketing Corporation.
member, in relation to the Board,
means the Chief Executive Officer or an appointed member of the
Board.
2Chairperson of
Board
(1)
The Minister is to appoint one of the members of
the Board as Chairperson of the Board.
(2)
The appointment may be in and by the
member’s instrument of appointment as a member or in and by another
instrument executed by the Minister.
(3)
The Minister may remove a member from the office
of Chairperson at any time.
(4)
A person who is a member and Chairperson vacates
office as Chairperson if the person:
(a)
is removed from that office by the Minister,
or
(b)
resigns that office by instrument in writing
addressed to the Minister, or
(c)
ceases to be a member.
3Deputies
(1)
The Chief Executive Officer may, from time to
time, appoint a person to be his or her deputy, and the Chief Executive
Officer or the Minister may revoke any such appointment.
(2)
The Minister may, from time to time, appoint a
person to be the deputy of an appointed member, and the Minister may revoke
any such appointment.
(3)
In the absence of a member, the member’s
deputy:
(a)
is, if available, to act in the place of the
member, and
(b)
while so acting, has all the functions of the
member and is taken to be a member.
(4)
The deputy of a member who is Chairperson of the
Board does not have the member’s functions as
Chairperson.
(5)
A person while acting in the place of a member 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.
4Terms of office of appointed
members
Subject to this Schedule, an appointed member
holds office for such period (not exceeding 3 years) as is specified in the
member’s instrument of appointment, but is eligible (if otherwise
qualified) for re-appointment.
5Remuneration
An appointed member 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
member.
6Vacancy in office of appointed
member
(1)
The office of an appointed member becomes vacant
if the member:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
is removed from office by the Minister under this
clause or by the Governor under Chapter 5 of the Public
Sector Employment and Management Act 2002,
or
(e)
is absent from 4 consecutive meetings of the
Board of which reasonable notice has been given to the member personally or in
the ordinary course of post, except on leave granted by the Board or unless,
before the expiration of 4 weeks after the last of those meetings, the member
is excused by the Board for having been absent from those meetings,
or
(f)
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration for their
benefit, or
(g)
becomes a mentally incapacitated person,
or
(h)
is convicted in New South Wales of an offence
that is punishable by imprisonment for 12 months or more or is convicted
elsewhere than in New South Wales of an offence that, if committed in New
South Wales, would be an offence so punishable.
(2)
The Minister may remove an appointed member from
office at any time.
7Disclosure of pecuniary
interests
(1)
If:
(a)
a member of the Board has a direct or indirect
pecuniary interest in a matter being considered or about to be considered at a
meeting of the Board, and
(b)
the interest appears to raise a conflict with the
proper performance of the member’s duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant
facts have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the Board.
(2)
A disclosure by a member of the Board at a
meeting of the Board that the member:
(a)
is a member, or is in the employment, of a
specified company or other body, or
(b)
is a partner, or is in the employment, of a
specified person, or
(c)
has some other specified interest relating to a
specified company or other body or to a specified
person,
is a sufficient disclosure of the nature of the interest
in any matter relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3)
Particulars of any disclosure made under this
clause are to be recorded by the Board in a book kept for the purpose and that
book must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the Board.
(4)
After a member of the Board has disclosed the
nature of an interest in any matter, the member must not, unless the Minister
or the Board otherwise determines:
(a)
be present during any deliberation of the Board
with respect to the matter, or
(b)
take part in any decision of the Board with
respect to the matter.
(5)
For the purposes of the making of a determination
by the Board under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a)
be present during any deliberation of the Board
for the purpose of making the determination, or
(b)
take part in the making by the Board of the
determination.
(6)
A contravention of this clause does not
invalidate any decision of the Board.
(7)
This clause does not apply to or in respect of an
interest of a member of the Board (being the provision of goods or services to
the member by an Authority) if the goods or services are, or are to be,
available to members of the public on the same terms and
conditions.
8Filling of vacancy in office
of appointed member
If the office of any appointed member becomes
vacant, a person is, subject to this Act, to be appointed to fill the
vacancy.
9Effect of certain other
Acts
(1)
The Public Sector
Employment and Management Act 2002 does not apply to the
appointment of an appointed member and an appointed member is not, as a
member, subject to that Act (except Chapter 5).
(2)
If by or under any Act provision is made:
(a)
requiring a person who is the holder of a
specified office to devote the whole of his or her time to the duties of that
office, or
(b)
prohibiting the person from engaging in
employment outside the duties of that office,
the provision does not operate to disqualify the person
from holding that office and also the office of an appointed member or from
accepting and retaining any remuneration payable to the person under this Act
as such a member.
(3)
The office of an appointed member is not, for the
purposes of any Act, an office or place of profit under the
Crown.
10General
procedure
The procedure for the calling of meetings of the
Board and for the conduct of business at those meetings are, subject to this
Act and the regulations, to be as determined by the
Board.
11Quorum
The quorum for a meeting of the Board is a
majority of the members for the time being.
12Presiding
member
(1)
The Chairperson of the Board or, in the absence
of the Chairperson, another member elected to chair the meeting by the members
present is (subject to subclause (2)) to preside at a meeting of the
Board.
(2)
If the Chief Executive Officer is not the
Chairperson, the Chief Executive Officer (if present) is to preside in the
absence of the Chairperson at a meeting of the Board.
(3)
The person presiding at any meeting of the Board
has a deliberative vote and, in the event of an equality of votes, has a
second or casting vote.
13Voting
A decision supported by a majority of the votes
cast at a meeting of the Board at which a quorum is present is the decision of
the Board.
14Transaction of business
outside meetings by telephone or other means
(1)
The Board may, if it thinks fit, transact any of
its business by the circulation of papers among all the members of the Board
for the time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the
Board.
(2)
The Board may, if it thinks fit, transact any of
its business at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any member
who speaks on a matter before the meeting can be heard by the other
members.
(3)
For the purposes of:
(a)
the approval of a resolution under subclause (1),
or
(b)
a meeting held in accordance with subclause
(2),
the Chairperson and each member of the Board have the
same voting rights as they have at an ordinary meeting of the
Board.
(4)
A resolution approved under subclause (1) is,
subject to the regulations, to be recorded in the minutes of the meetings of
the Board.
(5)
Papers may be circulated among members of the
Board for the purposes of subclause (1) by facsimile or other transmission of
the information in the papers concerned.
15First
meeting
The Minister is to call the first meeting of the
Board in such manner as the Minister thinks fit.
Part 2Provisions relating to Chief
Executive Officer
16Employment of Chief Executive
Officer
The employment of the Chief Executive Officer is
subject to Part 3.1 of the Public Sector
Employment and Management Act 2002, but is not subject to
Chapter 2 of that Act.
17Acting Chief Executive
Officer
(1)
The Minister may, from time to time, appoint a
person to act in the office of Chief Executive Officer during the illness or
absence of the Chief Executive Officer, and the person, while so acting, has
all the functions of the Chief Executive Officer and is taken to be the Chief
Executive Officer.
(2)
The Minister may, at any time, remove any person
from an office to which the person was appointed under this
clause.
(3)
A person while acting in the office of Chief
Executive Officer 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.
(4)
For the purposes of this clause, a vacancy in the
office of Chief Executive Officer is to be regarded as an absence from office
of the Chief Executive Officer.
Schedule 11Conversion of Public Transport
Ticketing Corporation to a SOC
(Section 35ZM)
[1]Part 3B
Omit the Part. Insert instead:
Part 3BPublic Transport Ticketing
Corporation
Division 1Constitution of Public
Transport Ticketing Corporation
35REstablishment of Public
Transport Ticketing Corporation
(1)
There is constituted by this Act a corporation
with the corporate name of Public Transport Ticketing
Corporation.
(2)
The State Owned
Corporations Act 1989 is amended by inserting in Schedule
5, in alphabetical order, the words “Public Transport Ticketing
Corporation”.
Note—
The State Owned
Corporations Act 1989 contains many provisions that apply
to Public Transport Ticketing Corporation as a statutory State owned
corporation. In particular, Part 3 contains provisions relating to their
status, the application of the Corporations Act
2001 of the Commonwealth, the issue of shares to the
Treasurer and another Minister, the board of directors, the chief executive
officer, the employment of staff, the giving of directions by the portfolio
Minister (including directions as to the performance of non-commercial
activities or the carrying out of public sector policies), the constitution,
tax-equivalent payments, government guarantees, the sale or disposal of assets
and legal capacity. Part 4 deals with the accountability of State owned
corporations (including annual reports and accounts). Part 5 deals with
miscellaneous matters (including the duties and liabilities of directors and
the application of public sector legislation).
Division 2Objectives of Public Transport
Ticketing Corporation
35SObjectives of Public Transport
Ticketing Corporation
(1)
The principal objectives of Public Transport
Ticketing Corporation are:
(a)
to provide ticketing and fare payment services to
public transport operators in the State, and
(b)
to promote and facilitate the integration of
ticketing products and fare payment systems for public transport in the
State,
in an efficient, effective and financially responsible
manner.
(2)
The other objectives of Public Transport
Ticketing Corporation are as follows:
(a)
to be a successful business and, to that
end:
(i)
to operate at least as efficiently as any
comparable business, and
(ii)
to maximise the net worth of the State’s
investment in the Corporation,
(b)
to exhibit a sense of social responsibility by
having regard to the interests of the community in which it
operates,
(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,
(d)
to exhibit a sense of responsibility towards
regional development and decentralisation in the way in which it
operates.
(3)
The other objectives of Public Transport
Ticketing Corporation are of equal importance, but are not as important as the
principal objectives of the Corporation.
(4)
Section 20E of the State
Owned Corporations Act 1989 does not apply to Public
Transport Ticketing Corporation.
Division 3Functions of Public Transport
Ticketing Corporation
35TFunctions of Public Transport
Ticketing Corporation
(1)
The principal functions of Public Transport
Ticketing Corporation are:
(a)
to establish and manage a ticketing and fare
payment system for public transport passengers and participating public
transport operators in the State, and
(b)
to control and manage any funds within the
ticketing and fare payment system that represent unused prepaid
fares.
(2)
This section does not limit the functions of
Public Transport Ticketing Corporation apart from this section, but is subject
to the provisions of the State Owned Corporations Act
1989, this Act and any other Act or
law.
Division 4Management of Public Transport
Ticketing Corporation
35UBoard of directors of Public
Transport Ticketing Corporation
(1)
The board of directors of Public Transport
Ticketing Corporation is to be appointed by the voting shareholders. The
voting shareholders are to consult with the portfolio Minister on the persons
(other than the chief executive officer) recommended for appointment as
directors.
(2)
The board is to consist of not fewer than 3 and
not more than 7 directors.
(3)
The person for the time being holding office as
chief executive officer of Public Transport Ticketing Corporation is to be a
director of the board.
(4)
The directors of the board must each or together
have such expertise as the voting shareholders, after consultation with the
portfolio Minister, consider necessary in order to realise the objectives of
Public Transport Ticketing Corporation.
(5)
Subject to subsections (6) and (7), section 20J
of and Schedule 8 to the State Owned Corporations Act
1989 have effect with respect to the board of Public
Transport Ticketing Corporation and its constitution and
procedure.
(6)
Section 20J (2), (3), (4) and (5) of, and clause
4 of Schedule 8 to, the State Owned Corporations Act
1989 do not apply with respect to the board of Public
Transport Ticketing Corporation.
(7)
Clause 7 of Schedule 8 to the State Owned Corporations Act 1989 does
not apply with respect to the chief executive officer of Public Transport
Ticketing Corporation.
35VChief executive
officer
(1)
The chief executive officer of Public Transport
Ticketing Corporation is to be appointed by the board of the Corporation after
consultation with the voting shareholders and the portfolio
Minister.
(2)
The chief executive officer is to hold office for
the period (not exceeding 5 years) that is specified in the chief executive
officer’s instrument of appointment.
(3)
The board may remove a person from office as
chief executive officer, at any time, for any or no reason and without notice,
but only after consultation with the voting shareholders and the portfolio
Minister.
(4)
The chief executive officer is entitled to be
paid such remuneration (including travelling and subsistence allowances) as
the board may determine after consultation with the voting
shareholders.
(5)
The board may, after consultation with the voting
shareholders, fix the conditions of employment of the chief executive officer
in so far as they are not fixed by or under any other Act or
law.
(6)
The contract of employment of the chief executive
officer must include performance criteria for the purpose of reviews of the
chief executive officer’s performance.
(7)
The board must require the chief executive
officer to enter into a performance agreement and must review the chief
executive officer’s performance at least annually.
(8)
The Public Sector
Employment and Management Act 2002 (Chapter 5 included)
does not apply to the chief executive officer.
(9)
Section 20K (2) and (4) of, and Schedule 9 to,
the State Owned Corporations Act 1989 do not
apply to or in respect of the chief executive officer.
(10)
The provisions of this section are in addition to
and (except to the extent to which this section provides) do not derogate from
the provisions of the State Owned Corporations Act
1989.
35WActing chief executive
officer
(1)
The board of Public Transport Ticketing
Corporation may, from time to time, appoint a person to act in the office of
chief executive officer during the illness or absence of the chief executive
officer of the Corporation.
(2)
The board may remove a person from acting as
chief executive officer, at any time, for any or no reason and without
notice.
(3)
A person, while acting in the office of chief
executive officer:
(a)
has all the functions of the chief executive
officer and is taken to be the chief executive officer,
and
(b)
is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the board may
determine.
(4)
For the purposes of this section, a vacancy in
the office of chief executive officer is regarded as an absence from office of
the chief executive officer.
(5)
The board is not to appoint a person to act in
the office of chief executive officer during any vacancy in that office except
after consultation with the voting shareholders and the portfolio
Minister.
(6)
The provisions of this section are in addition to
and (except to the extent to which this section provides) do not derogate from
the provisions of the State Owned Corporations Act
1989.
Division 5General
35XFoundation charter of Public
Transport Ticketing Corporation
For the purposes of the State
Owned Corporations Act 1989, the foundation charter of
Public Transport Ticketing Corporation is this Part of this Act (but not the
remainder of this Act).
Note—
Section 3 of the State Owned
Corporations Act 1989 defines the foundation charter of a
statutory SOC as the whole of any Act by which a SOC is established for the
purposes of the SOC Act and, in particular, for the purpose of the provisions
relating to the legal capacity of statutory SOCs and assumptions that they
have complied with that Act and their foundation
charter.
35YDisclosure of
information
An employee, contractor, or an employee of a
contractor, of Public Transport Ticketing Corporation must not disclose any
information obtained in connection with the administration or operation of the
ticketing and fare payment system unless that disclosure is made:
(a)
with the consent of the person from whom the
information was obtained, or
(b)
in connection with the administration or
operation of the ticketing and fare payment system, or
(c)
in accordance with the Freedom of Information Act 1989,
or
(d)
in accordance with a requirement imposed under
the Ombudsman Act 1974,
or
(e)
with other lawful
excuse.
Maximum penalty: 20 penalty
units.
35ZCriminal records
checks
(1)
Public Transport Ticketing Corporation may, in
order to establish whether an employee or contractor, or an employee of a
contractor, of that Corporation should be associated with the exercise of the
Corporation’s functions:
(a)
request any such person to provide proof of the
person’s identity, and
(b)
request that the Commissioner of Police undertake
a criminal records check on the person and, for that purpose, provide the
Commissioner with any information or material that the Corporation has in its
possession.
(2)
The Commissioner of Police may, in response to a
request under this section, provide Public Transport Ticketing Corporation
with a report detailing the person’s criminal
record.
35ZATransfer of certain assets,
rights and liabilities to Public Transport Ticketing
Corporation
(1)
The portfolio Minister may, by order in writing,
direct that the assets, rights and liabilities of a transport authority, that
relate to or are connected with the operation of a ticketing and fare payment
system and that are specified or referred to in the order, be transferred to
the Public Transport Ticketing Corporation.
(2)
An order under this section may be subject to
specified terms and conditions.
(3)
Schedule 4 applies to the transfer of assets,
rights and liabilities under this section.
(4)
Words and expressions used in this section have
the same meanings as they have in Schedule 4.
(5)
In this section, transport
authority means:
(a)
RailCorp, or
(b)
Sydney Ferries, or
(c)
the State Transit
Authority.
35ZBRepeal of Schedules 10 and
11
Schedules 10 and 11 are
repealed.
[2]Schedule 4 Transfer of assets,
rights and liabilities
Omit “section 35ZJ” from clause 2 (1)
(c).
Insert instead “section
35ZA”.
[3]Schedule 7 Savings,
transitional and other provisions
Insert at the end of the Schedule with
appropriate Part and clause numbers:
PartProvisions consequent on
conversion of Public Transport Ticketing Corporation to a statutory
SOC
Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the conversion of the Public
Transport Ticketing Corporation to a statutory SOC.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of that conversion or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Continuity of Public Transport
Ticketing Corporation
Public Transport Ticketing Corporation is a
continuation of, and the same legal entity as, the Public Transport Ticketing
Corporation that was in existence immediately before the commencement of this
clause.
Chief Executive Officer and
members of Board
(1)
A person who held office as the Chief Executive
Officer or a member of the Public Transport Ticketing Corporation Board
immediately before the commencement of this clause ceases to hold that office
on that commencement.
(2)
No compensation or remuneration is payable to
such a person for loss of office as a consequence of the commencement of this
clause.
(3)
Such a person is eligible (if otherwise
qualified) for appointment as the chief executive officer or a director of the
Public Transport Ticketing Corporation (as the case may
be).
Staff
A person who was employed by the Public Transport
Ticketing Corporation under section 35ZI immediately before the commencement
of this clause, continues to be employed, on the same terms and conditions, by
the Corporation as if that person were employed by the Corporation under
section 20M of the State Owned Corporations Act
1989.
Abolition of Public Transport
Ticketing Corporation Fund
(1)
The Public Transport Ticketing Corporation Fund
established under section 35ZC (as in force immediately before the
commencement of this clause) is abolished.
(2)
Any money standing to the credit of that Fund on
the commencement of this clause becomes an asset of the Public Transport
Ticketing Corporation and is to be paid to that
Corporation.
Amendment of Public Finance and Audit Act 1983 No
152
The Public Finance
and Audit Act 1983 is amended by omitting from Schedule 2
the words “Public Transport Ticketing
Corporation”.
Historical
notes
Table of amending
instruments
Transport
Administration Amendment (Public Transport Ticketing Corporation) Act
2006 No 5. Second reading speech made: Legislative
Assembly, 16.11.2005; Legislative Council, 7.3.2006. Assented to 17.3.2006.
Date of commencement, 1.7.2006, sec 2 and GG No 84 of 30.6.2006, p
4792.