Table Of Contents

Transport Administration Amendment (Rail Agencies) Act 2003 No 96

An Act with respect to the organisation of rail services in the State, the ownership of rail infrastructure facilities in the State and the constitution of new State rail agencies and the winding up and dissolution of others; and for other purposes.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Amendment of Transport Administration Act 1988 No 109
The Transport Administration Act 1988 is amended as set out in Schedules 1 and 2.
4   (Repealed)
s 4: Rep 2005 No 64, Sch 3.
Schedule 1 (Repealed)
sch 1: Rep 2005 No 64, Sch 3.
Schedule 2 Amendments relating to dissolution of Rail Infrastructure Corporation
(Section 3)
[1]   Long title
Omit “, Rail Infrastructure Corporation”.
[2]   Section 3 Definitions
Omit the definition of Rail Infrastructure Corporation from section 3 (1).
[3]   Part 2B [as renumbered by the Transport Administration Amendment (Rail Agencies) Act 2003]
Omit the Part.
[4]   Section 89 [as inserted by the Transport Administration Amendment (Rail Agencies) Act 2003]
Omit “, Rail Infrastructure Corporation” from the definition of rail authority.
[5]   Section 122 Definitions
Omit “, RIC” from the definition of rail authority.
[6]   Part 9, Division 8
Insert after Division 7:
  
Division 8 Dissolution of Rail Infrastructure Corporation
129   Dissolution of Rail Infrastructure Corporation
Schedule 9 has effect.
[7]   Schedule 6 Transfer of certain staff
Omit clauses 10, 11, 11A (2), 11B (2) and 11D.
[8]   Schedule 6, clause 14 [as amended by the Transport Administration Amendment (Rail Agencies) Act 2003]
Omit “RIC,” wherever occurring.
[9]   Schedule 6, clause 17
Omit the clause.
[10]   Schedule 6A, clause 2 [as inserted by the Transport Administration Amendment (Rail Agencies) Act 2003]
Omit clause 2.
[11]   Schedule 6A, clause 2A Ownership of rail infrastructure facilities [as inserted by the Transport Administration Amendment (Rail Agencies) Act 2003]
Omit clause 2A (1).
[12]   Schedule 6A, clause 13
Omit the clause.
[13]   Schedule 6B Special provisions for underground rail facilities
Omit “, RIC” from the definition of rail authority in clause 1.
[14]   Schedule 9
Insert after Schedule 8:
  
Schedule 9 Dissolution of Rail Infrastructure Corporation
(Section 129)
1   Dissolution of Rail Infrastructure Corporation and subsidiaries
(1)  Rail Infrastructure Corporation, and each Rail Infrastructure Corporation subsidiary, are dissolved and any assets, rights and liabilities of the Corporation and any subsidiary become assets, rights and liabilities of the Crown.
(2)  Section 94 and Schedule 4 apply to the assets, rights and liabilities vested in the Crown under this clause in the same way as they apply to the assets, rights and liabilities of a rail authority.
(3)  Despite subclause (2), the Minister may not transfer an asset, right or liability vested in the Crown under this clause, except with the concurrence of the Treasurer.
(4)  Part 3 (including clauses 11, 11A (2) and 11B (2)) of Schedule 6 applies to any staff of the Rail Infrastructure Corporation immediately before the dissolution.
(5)  Regulations of a savings and transitional nature may be made consequent on the dissolution of the Rail Infrastructure Corporation and any subsidiary of the Corporation.
(6)  This clause is subject to clause 4.
2   Chief executive officer of Rail Infrastructure Corporation
The person who, immediately before the dissolution of Rail Infrastructure Corporation held office as chief executive officer of the Corporation ceases to hold that office and is not entitled to any remuneration or compensation because of the loss of that office.
3   Provisions relating to vesting of rail infrastructure facilities in RailCorp
(1)  On the dissolution of Rail Infrastructure Corporation (the transfer day), the rail infrastructure facilities (and any associated assets, rights and liabilities) vested in or owned by RIC immediately before the transfer day (the country rail infrastructure facilities) are vested in RailCorp.
(2)  On the transfer day, the following provisions have effect:
(a)  all proceedings relating to the country rail infrastructure facilities commenced before the transfer day by or against Rail Infrastructure Corporation or a predecessor of Rail Infrastructure Corporation and pending immediately before the transfer day are taken to be proceedings pending by or against RailCorp,
(b)  any act, matter or thing done or omitted to be done in relation to the country rail infrastructure facilities before the transfer day by, to or in respect of Rail Infrastructure Corporation is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of RailCorp,
(c)  a reference in any Act, in any instrument made under any Act or in any document of any kind to Rail Infrastructure Corporation is, to the extent that it relates to the country rail infrastructure facilities, but subject to the regulations, to be read as or including a reference to RailCorp.
(3)  The Minister may, by order in writing, declare that a specified right, asset or liability is not vested in RailCorp by the operation of this clause.
(4)  The operation of this clause, is not to be regarded:
(a)  as a breach of contract or confidence or otherwise as a civil wrong, or
(b)  as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the country rail infrastructure facilities, or
(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 the country rail infrastructure facilities.
(5)  Words and expressions used in this clause have the same meanings as they have in Schedule 4.
4   Previous transfers of assets, rights and liabilities of Rail Infrastructure Corporation
Nothing in this Schedule affects the transfer, before the dissolution of Rail Infrastructure Corporation, of any assets, rights or liabilities of Rail Infrastructure Corporation under this Act and Schedule 4 continues to apply to or in respect of any such transfer.
5   Previous transfers of staff of Rail Infrastructure Corporation
Nothing in this Schedule affects the transfer, before the dissolution of Rail Infrastructure Corporation, of any staff of Rail Infrastructure Corporation under this Act and Schedule 6 continues to apply to or in respect of any such transfer.
6   Rail access agreements
(1)  A rail access agreement entered into by Rail Infrastructure Corporation, and in force immediately before the commencement of this clause continues in force and is taken to have been entered into by RailCorp.
(2)  Nothing in this clause prevents the variation, termination or replacement of a rail access agreement continued by this clause.
(3)  In this clause, rail access agreement means an agreement entered into by Rail Infrastructure Corporation pursuant to the NSW Rail Access Regime or the RIC access undertaking, that permits a person to operate rolling stock on the NSW rail network.
7   Saving of Rail Safety Act 2008
Nothing in this Schedule affects the operation of the Rail Safety Act 2008.
8   Licences and other authorisations
(1)  This clause applies to a licence, permit, approval or other authorisation granted to Rail Infrastructure Corporation 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:
(h)  any other Act prescribed by the regulations.
(2)  An authorisation is, to the extent that it relates to former RIC infrastructure, taken to be held by RailCorp on the same terms and conditions as Rail Infrastructure Corporation held the authorisation immediately before the commencement of this clause.
(3)  The regulations may exempt an authorisation from the operation of this clause.
(4)  Nothing in this clause prevents an authorisation from being varied, cancelled or replaced.
(5)  In this clause:
former RIC infrastructure means rail infrastructure facilities vested in or owned by RailCorp that, immediately before the commencement of this clause, were vested in or owned by RIC.
sch 2: Am 2008 No 97, Sch 4.8.
Schedule 3 (Repealed)
sch 3: Rep 2005 No 64, Sch 3.