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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.

1 Name of Act

This Act is the Transport Legislation Amendment Act 2011.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1 Amendment of Transport Administration Act 1988 No 109

[1]–[65] (Repealed)

sch 1: Am 1987 No 15, sec 30C.

Schedules 2, 3 (Repealed)

sch 2: Rep 1987 No 15, sec 30C.

sch 3: Rep 1987 No 15, sec 30C.

Schedule 4 Amendments relating to the abolition of Country Rail Infrastructure Authority

4.1 Transport 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:

Division Provisions 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.