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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Passenger Transport Amendment
(Ticketing and Passenger Conduct)
Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Passenger Transport Act 1990 No 39 3
Schedule 2 Amendment of other legislation 9
b2012-093-06.d17
New South Wales
Passenger Transport Amendment
(Ticketing and Passenger Conduct)
Bill 2012
No , 2012
A Bill for
An Act to amend the Passenger Transport Act 1990 in relation to ticketing matters
with respect to travel on trains and the regulation of the conduct of persons on railway
premises; to amend other legislation consequentially; and for other purposes.
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Clause 1 Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Passenger Transport Amendment (Ticketing and 3
Passenger Conduct) Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
Schedule 1 Amendment of Passenger Transport 1
Act 1990 No 39 2
[1] Section 3 Definitions 3
Insert "or a police officer" after "section 46W" in the definition of authorised 4
officer in section 3 (1). 5
[2] Section 3 (1) 6
Insert in alphabetical order: 7
railway premises has the same meaning as in the Rail Safety 8
National Law set out in the Schedule to the Rail Safety National 9
Law (South Australia) Act 2012 of South Australia, but does not 10
include any railway premises to which that Law does not apply. 11
smartcard means an authority to travel on a passenger transport 12
vehicle or train that is of a type prescribed by the regulations. 13
smartcard reader means a device of a type prescribed by the 14
regulations that is designed to enable the reading of information 15
recorded on a smartcard. 16
train has the same meaning as in the Rail Safety National Law set 17
out in the Schedule to the Rail Safety National Law (South 18
Australia) Act 2012 of South Australia, but does not include any 19
train to which that Law does not apply. 20
[3] Section 3 (1A) 21
Insert after section 3 (1): 22
(1A) A reference in this Act to a train or to railway premises includes 23
a reference to any vehicle being used by the operator of a rail 24
passenger service for the carriage of passengers in connection 25
with that service. 26
[4] Section 46BB Chief Investigator and transport safety investigator's 27
functions 28
Insert "in his or her capacity as an authorised officer" after "authorised officer" 29
in section 46BB (6). 30
Page 3
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
[5] Section 46I 1
Omit the section. Insert instead: 2
46I Power of entry 3
(1) An authorised officer may enter the following premises: 4
(a) any premises (other than any premises, or a part of any 5
premises, that are used as a dwelling) that the officer 6
reasonably suspects are being used for the purposes of a 7
public passenger service, a taxi-cab network (as defined in 8
section 29A) or for the keeping of records for any such 9
purposes, 10
(b) railway premises. 11
(2) Entry may be made only at the following times: 12
(a) any reasonable hour in the daytime, 13
(b) any hour during which a public passenger service or rail 14
passenger service is in operation or other related activity is 15
in progress or is usually carried out in or on the premises, 16
(c) any other hour that the premises are otherwise open for 17
entry. 18
[6] Section 46R Authority to enter 19
Omit "the person" from section 46R (1). 20
Insert instead "the authorised officer". 21
[7] Section 46R (2) 22
Omit "the regulator" wherever occurring. 23
Insert instead "the person who appointed the authorised officer". 24
[8] Section 46W Appointment of authorised officers 25
Insert "appointed under this section" after "authorised officer" in 26
section 46W (4). 27
[9] Section 46W (6) and (7) 28
Insert after section 46W (5): 29
(6) TfNSW may appoint a member of staff of TfNSW, or a person of 30
a class prescribed by the regulations, to be an authorised officer 31
in relation to rail passenger services and railway premises. 32
(7) Any person appointed as an authorised officer under 33
subsection (6) may exercise the functions of an authorised officer 34
Page 4
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
under this Act only in so far as those functions relate to rail 1
passenger services and railway premises. 2
[10] Section 55 Offenders to state name and address 3
Omit section 55 (1). Insert instead: 4
(1) A person may be required to state his or her full name and 5
residential address by an authorised officer if the authorised 6
officer: 7
(a) reasonably suspects the person to be committing or to have 8
committed an offence against this Act or the regulations, or 9
(b) reasonably suspects the person to be committing or to have 10
committed an offence against the Graffiti Control Act 2008 11
on railway premises, or 12
(c) finds the person in circumstances that lead, or has 13
information that leads, the officer reasonably to suspect the 14
person has committed such an offence. 15
[11] Section 55 (2) (a) 16
Omit "a police officer or". Insert instead "an". 17
[12] Section 55 (3) 18
Omit "police officer or" where firstly occurring. 19
[13] Section 55 (3) (b) 20
Omit the paragraph. Insert instead: 21
(b) identified himself or herself as an authorised officer or, in 22
the case of an authorised officer who is a police officer, as 23
a police officer. 24
[14] Section 55 (4) 25
Insert after section 55 (3): 26
(4) The authorised officer may also request the person to provide 27
evidence of the correctness of the stated name or required address 28
if the authorised officer reasonably suspects the stated name or 29
address is false. 30
Page 5
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
[15] Section 57 1
Insert after section 56: 2
57 Additional penalties for railway offences affecting safety 3
(1) This section applies to an offence committed on or in relation to 4
railway premises or any station, platform, monorail running line 5
or supporting column associated with a monorail transport 6
system. 7
(2) If a court that convicts a person for an offence against the 8
regulations is satisfied that the offence was committed in 9
circumstances of aggravation, the court may impose a penalty for 10
the offence not exceeding 250 penalty units. 11
(3) For the purposes of this section, circumstances of aggravation 12
are that the actions of the offender that constituted the offence: 13
(a) caused or contributed to appreciable danger or harm to any 14
persons, animals, premises or property, or 15
(b) were reasonably likely to cause or contribute to such 16
danger or harm (whether or not any such danger or harm 17
was actually caused). 18
[16] Section 63 Regulations 19
Omit section 63 (2) (d), (i)-(k), (n)-(p), (v), (aa), (ee) and (hh)-(jj). 20
[17] Section 63 (2) 21
Insert in appropriate order: 22
(d) the regulation or prohibition of eating, drinking or 23
smoking in public passenger vehicles and on trains and 24
other railway premises, and 25
(i) the conduct of persons (including drivers) in or on public 26
passenger vehicles, trains and other railway premises, and 27
(ia) prohibiting persons from travelling on, or attempting to 28
travel on, a passenger transport vehicle or train without 29
holding an appropriate ticket or other form of authority, 30
and 31
(j) the powers and duties of drivers of public passenger 32
vehicles or trains and of authorised officers, including (but 33
not limited to) requiring the handing over of tickets and 34
other authorities to travel for examination, and 35
(k) the authority of drivers of buses, other public passenger 36
vehicles or trains, and of authorised officers, to eject 37
persons guilty of any contravention of the regulations, and 38
Page 6
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Amendment of Passenger Transport Act 1990 No 39 Schedule 1
(ka) the exclusion of persons, animals or freight from railways, 1
and 2
(kb) trespass on railways, and 3
(n) the taking up or setting down of passengers or other 4
matters incidental to the transport of passengers on public 5
passenger vehicles or trains, and 6
(o) the carriage of passengers' luggage or other goods, and 7
animals, on public passenger vehicles or trains, and 8
(p) the regulation or prohibition of the carriage of passengers 9
standing in or on any part of a public passenger vehicle or 10
train, and 11
(v) the imposition of penalties for the failure, neglect or 12
refusal by a passenger of a public passenger vehicle or 13
train to pay the appropriate fare or for leaving the public 14
passenger vehicle or railway premises before paying the 15
appropriate fare, and 16
(aa) the custody and return of property left in public passenger 17
vehicles or on trains or other railway premises, the 18
payment of compensation for any such property and the 19
disposal or sale of any such property not claimed and the 20
time of any such disposal or sale, and 21
(ee) the erection and display of signs and notices for the 22
guidance of the drivers of public passenger vehicles or 23
trains and the public, and 24
(hh) the sale of tickets and other types of authority to travel on 25
public passenger vehicles or trains and the conditions 26
under which tickets and such types of authority must be 27
sold, and 28
(ii) the granting of free or concession passes for travel on 29
public passenger vehicles or trains, and 30
(jj) the terms and conditions to which tickets, smartcards and 31
other authorities to travel on public passenger vehicles or 32
trains are subject, and 33
(kk) the use of smartcards and smartcard readers and the testing 34
and certification of smartcard readers, and 35
(ll) without limiting paragraph (kk), the admission of 36
information obtained by smartcard readers, and of 37
certificates relating to that information and to the testing of 38
smartcard readers, as evidence (including conclusive 39
Page 7
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Schedule 1 Amendment of Passenger Transport Act 1990 No 39
evidence) in legal proceedings relating to an offence 1
against the regulations, and 2
(mm) generally as to the regulation and control of public 3
passenger vehicles and trains, their drivers and passengers, 4
railway premises and persons on railway premises. 5
[18] Section 63 (3) 6
Omit "any person or vehicle or any class of persons or vehicles". 7
Insert instead "any person, vehicle, train, public passenger service or rail 8
passenger service or any class of persons, vehicles, trains, public passenger 9
services or rail passenger services". 10
[19] Section 63 (5) 11
Insert after section 63 (4): 12
(5) The regulations may apply, adopt or incorporate (with or without 13
changes) any publication as in force at a particular time or as in 14
force from time to time. 15
[20] Schedule 3 Savings and transitional provisions 16
Omit clause 2 (1). Insert instead: 17
(1) The regulations may contain provisions of a savings or 18
transitional nature consequent on the enactment of this Act or any 19
Act that amends this Act. 20
[21] Schedule 3, Part 13 21
Insert after Part 12: 22
Part 13 Provision consequent on enactment of 23
Passenger Transport Amendment 24
(Ticketing and Passenger Conduct) 25
Act 2012 26
70 Rail Safety (Offences) Regulation 2008 27
On and from the repeal of section 131 of the Rail Safety Act 2008 28
by the Passenger Transport Amendment (Ticketing and 29
Passenger Conduct) Act 2012, the Rail Safety (Offences) 30
Regulation 2008 is taken to have been made under this Act and 31
may be amended or repealed accordingly. 32
Page 8
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Amendment of other legislation Schedule 2
Schedule 2 Amendment of other legislation 1
2.1 Rail Safety Act 2008 No 97 2
[1] Section 104 Power to direct name and address be given 3
Omit "or the Graffiti Control Act 2008" wherever occurring in 4
section 104 (1) (a) and (b). 5
[2] Section 131 Railway offences 6
Omit the section. 7
[3] Section 132 Proceedings for offences 8
Omit "(other than offences under a regulation made under section 131)" from 9
section 132 (3). 10
[4] Schedule 3 Savings, transitional and other provisions 11
Insert at the end of clause 1 (1): 12
Passenger Transport Amendment (Ticketing and Passenger 13
Conduct) Act 2012 14
[5] Schedule 3, Part 3 15
Insert after Part 2: 16
Part 3 Provision consequent on enactment of 17
Passenger Transport Amendment 18
(Ticketing and Passenger Conduct) 19
Act 2012 20
21 Proceedings for offences 21
The amendment of section 132 by the Passenger Transport 22
Amendment (Ticketing and Passenger Conduct) Act 2012 does 23
not affect its operation in relation to proceedings for offences 24
committed, or alleged to have been committed, before the repeal 25
of section 131 and any such proceedings may continue to be dealt 26
with as if section 132 had not been so amended. 27
Page 9
Passenger Transport Amendment (Ticketing and Passenger Conduct)
Bill 2012
Schedule 2 Amendment of other legislation
2.2 Transport Administration Act 1988 No 109 1
Section 70 Payments into RailCorp Fund 2
Omit "section 131 of the Rail Safety Act 2008" from section 70 (d). 3
Insert instead "the Passenger Transport Act 1990". 4
Page 10
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