An Act to amend the Transport Administration Act 1988 to abolish the Independent Transport Safety Regulator and to make consequential amendments to other legislation.
1 Name of Act
This Act is the Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017.
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] Section 3 Definitions
Omit the definition of Independent Transport Safety Regulator from section 3 (1).
[2] Section 3 (1)
Insert in alphabetical order:National Rail Safety Regulator means the Office of the National Rail Safety Regulator established under the Rail Safety National Law (NSW).
[3] Section 3B Ministerial responsibility and delegation
Omit the note from section 3B (1).
[4] Section 3H Review by relevant safety regulator of directions relating to transport safety matters
Omit paragraph (a) of the definition of relevant safety regulator in section 3H (1).Insert instead:(a) in the case of a direction relating to rail services or infrastructure—the National Rail Safety Regulator, or other independent professional person, approved by the Minister as the relevant safety regulator for the purposes of this section, or
[5] Part 4A Independent Transport Safety Regulator
Omit the Part.
[6] Section 65 Definitions
Omit paragraph (i) of the definition of .
[7] Section 66 Orders providing for transfer of staff of transport authorities
Omit section 66 (3).
[8] Section 107 Definition of “transport authority”
Omit paragraph (a1) of the definition of in section 107 (1).
[9] Section 109 Seals of Authorities
Omit paragraph (g) of the definition of Authority in section 109 (2).
[10] Section 111 Referral of disputes
Omit section 111 (5).
[11] Section 112 Personal liability of certain persons
Omit “the Independent Transport Safety Regulator,” from the definition of in section 112 (2).
[12] Schedule 1 Functions of Transport for NSW
Omit paragraph (e) of the definition of in clause 4A (4).
[13] Schedule 2A, heading
Omit “Chief Executive of the ITSR and”.
[14] Schedule 2A
Omit “(Sections 42M (3) and 45 (2))”. Insert instead “(Section 45 (2))”.
[15] Schedule 2A, clause 1, definition of “Chief Executive”
Omit the definition. Insert instead:Chief Investigator means the Chief Investigator of the Office of Transport Safety Investigations.
[16] Schedule 2A, clause 2 (1)
Omit “A Chief Executive”. Insert instead “The Chief Investigator”.
[17] Schedule 2A, clause 2 (2)
Omit the subclause.
[18] Schedule 2A, clauses 3, 5 (2), 6 and 7
Omit “Chief Executive” wherever occurring. Insert instead “Chief Investigator”.
[19] Schedule 2A, clause 4
Omit “a Chief Executive” wherever occurring. Insert instead “the Chief Investigator”.
[20] Schedule 2A, clause 4 (1)
Omit “the Chief Executive”. Insert instead “the Chief Investigator”.
[21] Schedule 2A, clause 5 (1)
Omit “Chief Executive”. Insert instead “the Chief Investigator”.
[22] Schedule 4 Transfer of assets, rights and liabilities
Insert after clause 2 (1):(1A) This Schedule also applies to the transfer of the assets, rights and liabilities of the Independent Transport Safety Regulator to the Crown by Schedule 7. This Schedule applies as if that transfer were an order to which this Schedule applies that took effect on the date of commencement of this subclause.
[23] Schedule 6A Powers relating to rail infrastructure facilities and land
Omit “or an officer of the Independent Transport Safety Regulator” from clause 16 (4).
[24] Schedule 6A, clause 16 (5)
Insert after clause 16 (4):(5) This clause applies subject to the Rail Safety National Law (NSW).
[25] Schedule 7 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering:Part Provisions consequent on enactment of Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017Abolition of Independent Transport Safety Regulator(1) The Independent Transport Safety Regulator is abolished.(2) On its abolition, the assets, rights and liabilities of the Independent Transport Safety Regulator are transferred to the Crown.(3) The Minister may:(a) enter into an arrangement with the National Rail Safety Regulator for the transfer of any assets, rights and liabilities transferred to the Crown by this clause to the National Rail Safety Regulator, or(b) transfer any assets, rights and liabilities transferred to the Crown by this clause to a NSW government agency.(4) Schedule 4 applies to the transfer of assets, rights and liabilities under this clause.(5) Words and expressions used in this clause have the same meanings as they have in Schedule 4.Chief Executive of Independent Transport Safety Regulator ceases to hold statutory officeThe person holding office as the Chief Executive of the Independent Transport Safety Regulator immediately before the commencement of the Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017:(a) ceases to hold that office, and(b) is not entitled to any remuneration or compensation for the loss of that office.
Schedule 2 Consequential amendment of other legislation
Schedule 1 Public Service agencies
Omit the matter relating to the Independent Transport Safety Regulator Staff Agency from Part 3.
Schedule 4 Amendment of Acts
Omit Schedule 4.12 [10].
Schedule 2 Statutory bodies
Omit “Independent Transport Safety Regulator”.
Section 13 Provision of information and assistance by ITSR
Omit the section.
[1] Clause 3 Definitions
Omit the definition of ITSR from clause 3 (1).
[2] Clause 44 Improvement and prohibition notices and other compliance and enforcement matters
Omit “ITSR” from clause 44 (5).Insert instead “former Independent Transport Safety Regulator”.
[3] Clause 49 Information sharing agreements
Omit the clause.