New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Transport Administration Amendment
(Metro Rail) Bill 2008
No , 2008
A Bill for
An Act to amend the Transport Administration Act 1988 and other Acts to establish
Sydney Metro and to facilitate the development, implementation and operation of
metro railway systems in the State.
Clause 1 Transport Administration Amendment (Metro Rail) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Transport Administration Amendment (Metro Rail) 3
Act 2008. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Amendment of Transport Administration Act 1988 No 109 7
The Transport Administration Act 1988 is amended as set out in 8
Schedule 1. 9
4 Amendment of other Acts 10
The Acts specified in Schedule 2 are amended as set out in that 11
Schedule. 12
5 Repeal of Act 13
(1) This Act is repealed on the day following the day on which all of the 14
provisions of this Act have commenced. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
Page 2
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
Schedule 1 Amendment of Transport Administration 1
Act 1988 2
(Section 3) 3
[1] Long title 4
Omit "and the Roads and Traffic Authority". 5
Insert instead ", the Roads and Traffic Authority and Sydney Metro". 6
[2] Section 3 Definitions 7
Insert in alphabetical order in section 3 (1): 8
metro railway means a guided system designed to transport 9
passengers on a railway track, together with its infrastructure and 10
associated sidings, that: 11
(a) provides high-frequency commuter and other passenger 12
services, and 13
(b) is operated using automated systems, that are integrated 14
with trains, from one or more central control points, and 15
(c) is operated using dedicated rail infrastructure facilities that 16
are not operationally connected with other types of rail 17
infrastructure facilities. 18
metro railway system means: 19
(a) a metro railway and its rail infrastructure facilities, and 20
(b) stations, platforms, maintenance facilities, depots and 21
other transport interchanges, works, structures and 22
facilities associated with or incidental to the metro railway 23
or rail infrastructure facilities (including commercial and 24
retail facilities). 25
[3] Section 3 (1), definition of "NSW rail network" 26
Insert ", but does not include any part of a metro railway system" after 27
"controlled)". 28
[4] Section 3 (1), definition of "rail infrastructure owner" 29
Insert after paragraph (b): 30
(b1) in the case of any rail infrastructure facilities that are 31
managed or controlled by Sydney Metro for the purposes 32
of exercising its functions under this Act, Sydney Metro, 33
or 34
Page 3
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
[5] Section 3 (1) 1
Insert in alphabetical order: 2
Sydney Metro means Sydney Metro constituted under this Act. 3
[6] Section 3A Metropolitan rail area 4
Omit "or RailCorp" from section 3A (6). 5
Insert instead ", RailCorp or Sydney Metro". 6
[7] Part 6A 7
Insert after Part 6: 8
Part 6A Sydney Metro 9
Division 1 Interpretation 10
55A Definitions 11
(1) In this Part: 12
Chief Executive Officer means the Chief Executive Officer of 13
Sydney Metro. 14
develop a metro railway system includes: 15
(a) carry out development for the purposes of a metro railway 16
system, and 17
(b) facilitate, manage, finance or maintain any such 18
development, and 19
(c) carry out any function ancillary to any such development. 20
development means development within the meaning of the 21
Environmental Planning and Assessment Act 1979, a project 22
(within the meaning of Part 3A of that Act) or an activity (within 23
the meaning of Part 5 of that Act). 24
(2) In this Part, a reference to a metro railway system includes a 25
reference to part of a metro railway system. 26
Division 2 Constitution of Sydney Metro 27
55B Constitution of Sydney Metro 28
(1) There is constituted by this Act a corporation with the corporate 29
name of Sydney Metro. 30
Page 4
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
(2) Sydney Metro is a NSW Government agency. 1
(3) Sydney Metro cannot employ any staff. 2
Note. Staff may be employed under Chapter 1A of the Public Sector 3
Employment and Management Act 2002 in the Government Service to 4
enable Sydney Metro to exercise its functions. 5
Division 3 Functions of Sydney Metro 6
55C Development of metro railway systems and associated projects 7
(1) The principal functions of Sydney Metro are: 8
(a) to develop metro railway systems, and 9
(b) to hold, manage and maintain rail infrastructure facilities 10
of metro railways, and 11
(c) to carry out development, or facilitate, manage or finance 12
development, on land located on, or in the vicinity of, 13
metro railway systems, and 14
(d) to enter into leases or licences, or other arrangements, with 15
persons for the provision of safe and reliable metro railway 16
passenger services or the operation of metro railway 17
systems or other transport systems, and 18
(e) if any such arrangements have not been made or are, for 19
any reason, not in place, to provide safe and reliable metro 20
railway passenger services or operate metro railway 21
systems, and 22
(f) to enter into leases or licences, or other arrangements, with 23
persons for the development, management and control or 24
maintenance of metro railway systems, and 25
(g) without limiting paragraph (d) or (e) and subject to this and 26
any other Act, to make arrangements with respect to fares 27
to be charged for, and to charge fares for, metro railway 28
passenger services, 29
in an efficient, effective and financially responsible manner. 30
(2) Sydney Metro also has the following functions: 31
(a) to hold, manage, maintain and establish assets associated 32
with metro railway systems and associated transport 33
projects, 34
(b) to conduct businesses related to its principal functions, 35
(c) to provide facilities or services that are ancillary to or 36
incidental to its principal functions, 37
(d) to acquire and develop any land, 38
Page 5
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(e) to acquire or build, and maintain or dispose of, any 1
engines, carriages, vehicles, plant, machinery or 2
equipment, 3
(f) to make and enter into contracts or arrangements for the 4
carrying out of works or the performance of services or the 5
supply of goods or materials, 6
(g) to make and enter into contracts or arrangements with any 7
person for the operation by that person, on such terms as 8
may be agreed on, of any of Sydney Metro's metro railway 9
or other transport services, or any of Sydney Metro's 10
businesses, 11
(h) to appoint agents, and act as agents for other persons, 12
(i) to charge an agreed or reasonable amount for any service 13
provided by it (other than metro railway passenger 14
services). 15
(3) Sydney Metro has such other functions as are conferred or 16
imposed on it by or under this or any other Act. 17
55D Metro railway station plans 18
(1) Sydney Metro may, for the purpose of developing a metro 19
railway system, prepare station plans for land on which metro 20
railway stations are to be situated, and land in the vicinity of such 21
metro railway stations, with respect to the following matters: 22
(a) development on the land, including development for 23
integrated transport facilities such as bus or other transport 24
interchanges, 25
(b) traffic and parking management arrangements, 26
(c) pedestrian links and access facilities, 27
(d) retail and commercial development associated with metro 28
railway stations, 29
(e) public domain amenities and improvements, 30
(f) station design and amenity, 31
(g) other matters ancillary to the operation of metro railway 32
stations and any associated transport or other facilities. 33
(2) Sydney Metro is to consult with other relevant public authorities 34
when preparing a station plan or an amendment to a plan. 35
(3) Sydney Metro may provide a station plan to the Minister for 36
Planning and other relevant public authorities in connection with 37
the exercise by the Minister or authorities of statutory and other 38
functions relating to the land concerned. 39
Page 6
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
55E Acquisition of land by Sydney Metro 1
(1) Sydney Metro may, for any purposes of Sydney Metro, acquire 2
land (including an interest in land) by agreement or by 3
compulsory process in accordance with the Land Acquisition 4
(Just Terms Compensation) Act 1991. 5
(2) The other purposes for which land may be acquired under 6
subsection (1) include for the purposes of a future sale, lease or 7
disposal, that is, to enable Sydney Metro to exercise its functions 8
in relation to land under this Act. 9
(3) For the purposes of the Public Works Act 1912, any such 10
acquisition of land is taken to be an authorised work and Sydney 11
Metro is, in relation to that authorised work, taken to be the 12
Constructing Authority. 13
(4) Sydney Metro may not give a proposed acquisition notice under 14
the Land Acquisition (Just Terms Compensation) Act 1991 15
without the approval of the Minister. 16
(5) Any such acquisition is not void merely because it is expressed to 17
be for the purposes of Sydney Metro or for the purposes of this 18
Act. 19
(6) Part 3 of the Public Works Act 1912 does not apply in respect of 20
works constructed for the purposes of this section. 21
Division 4 Management of Sydney Metro 22
55F Constitution of Sydney Metro Board 23
(1) There is constituted a Sydney Metro Board. 24
(2) The Board is to consist of: 25
(a) the Chief Executive Officer of Sydney Metro, and 26
(b) 1 member appointed by the Minister on the nomination of 27
the Treasurer, and 28
(c) 3 other members appointed by the Minister. 29
(3) Part 1 of Schedule 2B has effect with respect to the constitution 30
and procedure of the Board. 31
55G Board to determine policies of Sydney Metro 32
(1) The Sydney Metro Board has the function of determining the 33
policies of Sydney Metro. 34
Page 7
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(2) In exercising that function, the Board is, as far as practicable, to 1
ensure that the activities of Sydney Metro are carried out properly 2
and efficiently. 3
55H Chief Executive Officer of Sydney Metro 4
(1) The Governor may appoint a Chief Executive Officer of Sydney 5
Metro. 6
(2) Part 2 of Schedule 2B has effect with respect to the Chief 7
Executive Officer. 8
55I Chief Executive Officer to manage Sydney Metro 9
(1) The affairs of Sydney Metro are to be managed and controlled by 10
the Chief Executive Officer in accordance with the policies of the 11
Sydney Metro Board. 12
(2) Any act, matter or thing done in the name of, or on behalf of, 13
Sydney Metro by the Chief Executive Officer is taken to have 14
been done by Sydney Metro. 15
55J Ministerial control 16
(1) The Minister may give the Sydney Metro Board written 17
directions in relation to the exercise of Sydney Metro's functions. 18
(2) Subject to this section, the Board and the Chief Executive Officer 19
must ensure that Sydney Metro complies with any such direction. 20
(3) If the Sydney Metro Board considers that: 21
(a) Sydney Metro would suffer a significant financial loss as a 22
result of complying with any such direction, and 23
(b) the direction is not in the commercial interests of Sydney 24
Metro, 25
the Board may request the Minister to review the decision. 26
(4) A request for a review must be made within 7 days after the 27
direction is given or within such other reasonable period as the 28
Minister determines. 29
(5) If the Board requests a review, Sydney Metro is not required to 30
comply with the direction until notified of the Minister's decision 31
following the review. 32
(6) Following the review the Minister may confirm or revoke the 33
direction, but the Minister must not confirm the direction unless: 34
(a) the Minister has estimated the financial loss concerned 35
from information supplied by Sydney Metro or from other 36
sources, and 37
Page 8
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
(b) the Minister has referred the matter to the Treasurer, and 1
(c) the Treasurer has approved of the financial loss being 2
reimbursed from public revenue. 3
(7) Subsections (3)-(6) do not apply to a direction that may cause 4
Sydney Metro to suffer a significant financial loss as a result of 5
complying with that direction if: 6
(a) the Minister decides that the direction is warranted on 7
grounds involving urgency or public safety, and 8
(b) the direction is given after consultation with the Treasurer. 9
(8) The Treasurer may approve of any financial loss resulting from a 10
direction referred to in subsection (7) being reimbursed from 11
public revenue. 12
(9) For the purposes of this section, the amount of the financial loss 13
that Sydney Metro suffers as a result of complying with a 14
direction includes the amount of expenditure that Sydney Metro 15
incurs, and the amount of revenue that Sydney Metro forgoes, as 16
a result of complying with the direction which it would not 17
otherwise incur or forgo. 18
(10) The amount to be reimbursed to Sydney Metro is to be paid, from 19
money advanced by the Treasurer or appropriated by Parliament 20
for that purpose, at such times and in such amounts as the 21
Treasurer determines after receiving advice from the Minister on 22
the estimated financial loss incurred by Sydney Metro from time 23
to time. 24
55K Sydney Metro to supply information to Minister 25
Sydney Metro must: 26
(a) supply the Minister or a person nominated by the Minister 27
with any information relating to its activities that the 28
Minister or person may require, and 29
(b) keep the Minister informed of the general conduct of its 30
activities, and of any significant development in its 31
activities. 32
55L Corporate plans 33
(1) Sydney Metro must, at least 3 months before the beginning of 34
each financial year of Sydney Metro, prepare and deliver to the 35
Minister a draft corporate plan for the financial year. 36
Page 9
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(2) Sydney Metro must: 1
(a) consider any comments on the draft corporate plan that 2
were made by the Minister within 2 months after the draft 3
plan was delivered to the Minister, and 4
(b) deliver the completed corporate plan to the Minister before 5
the beginning of the financial year concerned. 6
(3) During the preparation of a corporate plan after the 7
commencement of this subsection, Sydney Metro is to make a 8
draft plan available for public comment for at least 30 days and 9
is to have regard to any submissions it receives about the draft 10
plan within that period. The arrangements for obtaining or 11
inspecting the draft plan and for making submissions are to be 12
advertised in a daily newspaper circulating throughout the State. 13
(4) Sydney Metro is to make the completed corporate plan available 14
for public inspection. However, Sydney Metro is not required to 15
include in any draft or completed plan made available for public 16
comment or inspection information that is of a commercially 17
sensitive nature or that it would otherwise not be required to 18
disclose under the Freedom of Information Act 1989. 19
(5) Sydney Metro must, as far as practicable, exercise its functions in 20
accordance with the relevant corporate plan. 21
(6) A corporate plan is to specify: 22
(a) the separate activities of Sydney Metro and, in particular, 23
the separate commercial and non-commercial activities, 24
and 25
(b) the objectives of each such separate activity for the 26
financial year concerned and for future financial years, and 27
(c) the strategies, policies and budgets for achieving those 28
objectives in relation to each such separate activity, and 29
(d) the targets and criteria for assessing the Sydney Metro's 30
performance. 31
(7) This section is subject to any requirement made by or under this 32
Act (including the requirements of any direction by the Minister 33
under this Division). 34
Page 10
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
55M Exercise of functions through subsidiary corporations, joint 1
ventures etc 2
(1) In this section: 3
subsidiary corporation means: 4
(a) a public subsidiary corporation referred to in section 55N, 5
or 6
(b) a private subsidiary corporation referred to in section 55O. 7
(2) Any function of Sydney Metro may be exercised: 8
(a) by Sydney Metro itself, or 9
(b) by a subsidiary corporation, or 10
(c) by Sydney Metro or a subsidiary corporation, or both, in a 11
partnership, joint venture or other association with other 12
persons or bodies. 13
55N Public subsidiary corporations 14
(1) In this section: 15
public subsidiary corporation means a corporation constituted in 16
accordance with this section. 17
(2) The regulations may constitute a corporation for the purposes of 18
this section with the corporate name specified in the regulations. 19
(3) A public subsidiary corporation: 20
(a) has such of the functions of Sydney Metro as are specified 21
in the regulations or delegated to it under this Act, and 22
(b) is, for the purposes of any Act, a NSW Government 23
agency. 24
(4) The provisions of or made under this Act or any other Act relating 25
to Sydney Metro apply to and in respect of a public subsidiary 26
corporation in such manner and to such extent as are prescribed 27
by the regulations. 28
(5) With the approval of the Minister: 29
(a) Sydney Metro may transfer any of its assets, rights or 30
liabilities to a public subsidiary corporation, and 31
(b) a public subsidiary corporation may transfer any of its 32
assets, rights or liabilities to Sydney Metro or to another 33
public subsidiary corporation. 34
(6) The regulations may make provision for or with respect to the 35
vesting of those assets, rights and liabilities in the transferee 36
without any transfer, conveyance or assignment. 37
Page 11
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(7) A public subsidiary corporation is dissolved by the repeal of the 1
regulations by which it is constituted (unless continued in 2
existence by the regulations), and on any such dissolution the 3
assets, rights and liabilities of the corporation become the assets, 4
rights and liabilities of Sydney Metro. 5
55O Private subsidiary corporations etc 6
(1) In this section: 7
private corporation means a corporation within the meaning of 8
the Corporations Act 2001 of the Commonwealth formed in or 9
outside New South Wales. 10
private subsidiary corporation means a private corporation in 11
which Sydney Metro has a controlling interest. 12
(2) Sydney Metro may, subject to subsection (3): 13
(a) form, or participate in the formation of, private 14
corporations, and 15
(b) acquire interests in private corporations, and 16
(c) sell or otherwise dispose of interests in private 17
corporations, 18
whether or not the activities or proposed activities of any such 19
private corporation are related to metro railways. 20
(3) Sydney Metro must not, without the approval of the Minister: 21
(a) form, or participate in the formation of, a private 22
subsidiary corporation, or 23
(b) acquire an interest in a private corporation so that, as a 24
result of the acquisition, the corporation becomes a private 25
subsidiary corporation, or 26
(c) sell or otherwise dispose of any interest in a private 27
subsidiary corporation so that, as a result of the sale or 28
disposal, it ceases to be a private subsidiary corporation. 29
(4) A private subsidiary corporation is not a NSW Government 30
agency. 31
55P Delegation of functions of Sydney Metro 32
(1) Sydney Metro may delegate to an authorised person any of its 33
functions, other than this power of delegation. 34
(2) A delegate may sub-delegate to an authorised person any 35
function delegated by Sydney Metro if the delegate is authorised 36
in writing to do so by Sydney Metro. 37
Page 12
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
(3) In this section, authorised person means: 1
(a) an officer of Sydney Metro, or 2
(b) a person of a class prescribed by the regulations or 3
approved by the Sydney Metro Board. 4
Division 5 General 5
55Q Misuse of information 6
(1) A person must not use, either directly or indirectly, commercial 7
information acquired by the person in the administration or 8
execution of this Part for the purpose of gaining either directly or 9
indirectly any financial advantage for the person, the person's 10
spouse or de facto partner, a relative of the person or any other 11
associate of the person. 12
Maximum penalty: 50 penalty units. 13
(2) In this section: 14
commercial information means information that is not generally 15
known but if generally known might reasonably be expected to 16
affect materially the market value or price of any land or to 17
influence materially the success of any tender for a contract with 18
Sydney Metro. 19
de facto partner means the other party to a de facto relationship 20
within the meaning of the Property (Relationships) Act 1984. 21
55R Authorisations for section 51 of the Trade Practices Act 1974 (Cth) 22
and Competition Code 23
(1) The following agreements and conduct are specifically 24
authorised by this Act for the purposes of section 51 of the Trade 25
Practices Act 1974 of the Commonwealth and the Competition 26
Code of New South Wales: 27
(a) any agreements entered into by Sydney Metro, or by a 28
person or body with the approval or authority of Sydney 29
Metro, relating to or in connection with a metro railway 30
system, 31
(b) the conduct of the parties in entering into any such 32
agreements, 33
(c) the conduct of the parties in performing any such 34
agreements and any matter or thing done or omitted to be 35
done by any of the parties in performing any such 36
agreements. 37
Page 13
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(2) In this section, agreement includes a contract, arrangement or 1
understanding. 2
55S Roads authority consent not required to certain work by Sydney 3
Metro 4
(1) Section 138 of the Roads Act 1993 does not apply to anything 5
done by Sydney Metro in relation to a classified road (within the 6
meaning of that Act), for which a council is the roads authority, 7
for the purposes of exercising its functions under this Act. 8
(2) However, Sydney Metro must not do anything referred to in 9
section 138 (1) of that Act in relation to any such road except with 10
the consent of the Roads and Traffic Authority. 11
[8] Part 7, Division 1, heading 12
Omit "or ITSRR". Insert instead ", Sydney Metro or ITSRR". 13
[9] Section 56 Application of Division 14
Omit "or the ITSRR". Insert instead ", the ITSRR or Sydney Metro". 15
[10] Part 8, Division 2A 16
Insert after Division 2: 17
Division 2A Financial provisions relating to Sydney Metro 18
76A Sydney Metro Fund 19
There is to be established in the Special Deposits Account a 20
Sydney Metro Fund. 21
76B Payments into Sydney Metro Fund 22
There is to be paid into the Sydney Metro Fund: 23
(a) all money received by or on account of Sydney Metro, and 24
(b) all money advanced by the Treasurer for the Fund, and 25
(c) all money advanced to Sydney Metro by the Treasurer or 26
appropriated by Parliament for the purposes of Sydney 27
Metro, and 28
(d) all other money required by or under this or any other Act 29
to be paid into the Fund. 30
Page 14
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
76C Payments from Sydney Metro Fund 1
There is to paid from the Sydney Metro Fund: 2
(a) all payments made on account of Sydney Metro or 3
otherwise required to meet expenditure incurred in relation 4
to the functions of Sydney Metro, and 5
(b) all other payments required by or under this or any other 6
Act to be paid from the Fund. 7
[11] Section 89 Definitions 8
Insert ", Sydney Metro" after "Transport Infrastructure Development 9
Corporation" in the definition of rail authority. 10
[12] Section 89, definition of "railway system" 11
Omit the definition. 12
[13] Section 89, definition of "State rail operator" 13
Insert ", Sydney Metro" after "RailCorp". 14
[14] Section 94 Transfers of assets, rights and liabilities 15
Insert "or a local council" after "the Crown" where secondly occurring in 16
section 94 (1). 17
[15] Section 99A Closure and disposal of railway lines 18
Insert after section 99A (3): 19
(4) This section does not apply to a metro railway system. 20
[16] Section 107 Definition of "transport authority" 21
Insert at the end of section 107 (1) (d): 22
, or 23
(e) Sydney Metro. 24
[17] Section 112 Personal liability of certain persons 25
Insert "or omitted to be done" after "done" wherever occurring in section 26
112 (1). 27
[18] Section 112 (2), definition of "member of a transport authority" 28
Omit "and the Roads and Traffic Authority". 29
Insert instead ", the Roads and Traffic Authority and Sydney Metro". 30
Page 15
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
[19] Section 112 (2), definition of "transport authority" 1
Insert before paragraph (a): 2
(aa) the Sydney Metro Board, and 3
[20] Section 116 Liability of vehicle owner for parking offences on Authority's 4
land 5
Insert ", Sydney Metro" after "Sydney Ferries" in the definition of parking 6
offence in section 116 (7). 7
[21] Schedule 2B 8
Insert after Schedule 2A: 9
Schedule 2B Constitution and procedure and 10
CEO of Sydney Metro 11
(Sections 55F (3) and 55H (2)) 12
Part 1 Provisions relating to constitution and 13
procedure of Sydney Metro Board 14
1 Definitions 15
In this Schedule: 16
appointed member means a member of the Board other than the 17
Chief Executive Officer of Sydney Metro. 18
Board means the Sydney Metro Board. 19
Chairperson means the Chairperson of the Board. 20
member means the Chief Executive Officer of Sydney Metro or 21
an appointed member. 22
2 Chairperson of Board 23
(1) The Minister is to appoint one of the appointed members of the 24
Board as Chairperson of the Board. 25
(2) The appointment may be in and by the member's instrument of 26
appointment as a member or in and by another instrument 27
executed by the Minister. 28
(3) The Minister may remove a member from the office of 29
Chairperson at any time. 30
Page 16
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
(4) A person who is a member and Chairperson vacates office as 1
Chairperson if the person: 2
(a) is removed from that office by the Minister, or 3
(b) resigns that office by instrument in writing addressed to 4
the Minister, or 5
(c) ceases to be a member. 6
3 Terms of office of members 7
Subject to this Part and the regulations, an appointed member 8
holds office for such period (not exceeding 5 years) as is 9
specified in the member's instrument of appointment, but is 10
eligible (if otherwise qualified) for re-appointment. 11
4 Remuneration 12
An appointed member is entitled to be paid such remuneration 13
(including travelling and subsistence allowances) as the Minister 14
may from time to time determine in respect of the member. 15
5 Deputies 16
(1) A member may, from time to time, appoint a person to be the 17
deputy of the member, and may revoke any such appointment. 18
(2) In the absence of a member, the member's deputy may, if 19
available, act in the place of the member. 20
(3) While acting in the place of a member, a person has all the 21
functions of the member and is taken to be a member. 22
(4) For the purposes of this clause, a vacancy in the office of a 23
member is taken to be an absence of the member. 24
(5) This clause does not operate to confer on the deputy of a member 25
who is the Chairperson the member's functions as Chairperson. 26
(6) An appointed member may appoint a deputy only with the 27
approval of the Chairperson. 28
6 Vacancy in office of appointed member 29
(1) The office of an appointed member becomes vacant if the 30
member: 31
(a) dies, or 32
(b) completes a term of office and is not re-appointed, or 33
(c) resigns the office by instrument in writing addressed to the 34
Minister, or 35
Page 17
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(d) is removed from office by the Minister under this clause, 1
or 2
(e) is absent from 3 consecutive meetings of the Board of 3
which reasonable notice has been given to the member 4
personally or by post, except on leave granted by the 5
Minister or unless the member is excused by the Minister 6
for having been absent from those meetings, or 7
(f) becomes bankrupt, applies to take the benefit of any law 8
for the relief of bankrupt or insolvent debtors, compounds 9
with his or her creditors or makes an assignment of his or 10
her remuneration for their benefit, or 11
(g) becomes a mentally incapacitated person, or 12
(h) is convicted in New South Wales of an offence that is 13
punishable by imprisonment for 6 months or more or is 14
convicted elsewhere than in New South Wales of an 15
offence that, if committed in New South Wales, would be 16
an offence so punishable. 17
(2) The Minister may remove an appointed member from office at 18
any time. 19
7 Filling of vacancy in office of appointed member 20
If the office of any appointed member becomes vacant, a person 21
is, subject to this Act and the regulations, to be appointed to fill 22
the vacancy. 23
8 Disclosure of pecuniary interests 24
(1) If: 25
(a) a member has a direct or indirect pecuniary interest in a 26
matter being considered or about to be considered at a 27
meeting of the Board, and 28
(b) the interest appears to raise a conflict with the proper 29
performance of the member's duties in relation to the 30
consideration of the matter, 31
the member must, as soon as possible after the relevant facts have 32
come to the member's knowledge, disclose the nature of the 33
interest at a meeting of the Board. 34
(2) A disclosure by a member at a meeting of the Board that the 35
member: 36
(a) is a member, or is in the employment, of a specified 37
company or other body, or 38
Page 18
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
(b) is a partner, or is in the employment, of a specified person, 1
or 2
(c) has some other specified interest relating to a specified 3
company or other body or to a specified person, 4
is a sufficient disclosure of the nature of the interest in any matter 5
relating to that company or other body or to that person which 6
may arise after the date of the disclosure and which is required to 7
be disclosed under subclause (1). 8
(3) Particulars of any disclosure made under this clause must be 9
recorded by the Board in a book kept for the purpose and that 10
book must be open at all reasonable hours to inspection by any 11
person on payment of the fee determined by the Board. 12
(4) After a member has disclosed the nature of an interest in any 13
matter, the member must not, unless the Minister or the Board 14
otherwise determines: 15
(a) be present during any deliberation of the Board with 16
respect to the matter, or 17
(b) take part in any decision of the Board with respect to the 18
matter. 19
(5) For the purposes of the making of a determination by the Board 20
under subclause (4), a member who has a direct or indirect 21
pecuniary interest in a matter to which the disclosure relates must 22
not: 23
(a) be present during any deliberation of the Board for the 24
purpose of making the determination, or 25
(b) take part in the making by the Board of the determination. 26
(6) A contravention of this clause does not invalidate any decision of 27
the Board. 28
(7) This clause applies to a member of a committee of the Board and 29
the committee in the same way as it applies to a member of the 30
Board and the Board. 31
9 Transaction of business outside meetings or by telephone 32
(1) The Board may, if it thinks fit, transact any of its business by the 33
circulation of papers among all the members of the Board for the 34
time being, and a resolution in writing approved in writing by a 35
majority of those members is taken to be a decision of the Board. 36
(2) The Board may, if it thinks fit, transact any of its business at a 37
meeting at which members (or some members) participate by 38
telephone, closed-circuit television or other means, but only if 39
Page 19
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
any member who speaks on a matter before the meeting can be 1
heard by the other members. 2
(3) For the purposes of: 3
(a) the approval of a resolution under subclause (1), or 4
(b) a meeting held in accordance with subclause (2), 5
the Chairperson and each member have the same voting rights as 6
they have at an ordinary meeting of the Board. 7
(4) A resolution approved under subclause (1) is, subject to the 8
regulations, to be recorded in the minutes of the meetings of the 9
Board. 10
(5) Papers may be circulated among the members for the purposes of 11
subclause (1) by facsimile or other transmission of the 12
information in the papers concerned. 13
10 Effect of certain other Acts 14
(1) Chapter 2 of the Public Sector Employment and Management Act 15
2002 does not apply to or in respect of the appointment of an 16
appointed member. 17
(2) If by or under any Act provision is made: 18
(a) requiring a person who is the holder of a specified office to 19
devote the whole of his or her time to the duties of that 20
office, or 21
(b) prohibiting the person from engaging in employment 22
outside the duties of that office, 23
the provision does not operate to disqualify the person from 24
holding that office and also the office of an appointed member or 25
from accepting and retaining any remuneration payable to the 26
person under this Act as a member. 27
11 General procedure 28
The procedure for the calling of meetings of the Board and for the 29
conduct of business at those meetings is, subject to this Act and 30
the regulations, to be as determined by the Board. 31
12 Quorum 32
The quorum for a meeting of the Board is a majority of its 33
members for the time being, including the Chairperson or the 34
Chairperson's deputy. 35
Page 20
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
13 Presiding member 1
(1) The Chairperson (or, in the absence of the Chairperson, a person 2
elected by the members of the Board who are present at a meeting 3
of the Board) is to preside at a meeting of the Board. 4
(2) The presiding member has a deliberative vote and, in the event of 5
an equality of votes, has a second or casting vote. 6
14 Voting 7
A decision supported by a majority of the votes cast at a meeting 8
of the Board at which a quorum is present is the decision of the 9
Board. 10
15 First meeting 11
The Minister may call the first meeting of the Board in such 12
manner as the Minister thinks fit. 13
Part 2 Provisions relating to Chief Executive 14
Officer of Sydney Metro 15
16 Employment of Chief Executive Officer 16
The employment of the Chief Executive Officer of Sydney Metro 17
is subject to Part 3.1 of the Public Sector Employment and 18
Management Act 2002, but is not subject to Chapter 2 of that Act. 19
17 Acting Chief Executive Officer 20
(1) The Minister may, from time to time, appoint a person to act in 21
the office of Chief Executive Officer of Sydney Metro during the 22
illness or absence of the Chief Executive Officer, and the person, 23
while so acting, has all the functions of the Chief Executive 24
Officer and is taken to be the Chief Executive Officer. 25
(2) The Minister may, at any time, remove any person from an office 26
to which the person was appointed under this clause. 27
(3) A person while acting in the office of Chief Executive Officer is 28
entitled to be paid such remuneration (including travelling and 29
subsistence allowances) as the Minister may from time to time 30
determine in respect of the person. 31
(4) For the purposes of this clause, a vacancy in the office of Chief 32
Executive Officer is to be regarded as an absence from office of 33
the Chief Executive Officer. 34
Page 21
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
[22] Schedule 4 Transfer of assets, rights and liabilities 1
Insert "and whether personal or assignable" after "contingent" in the definition 2
of assets in clause 1. 3
[23] Schedule 4, clause 1, definitions of "liabilities" and "rights" 4
Insert "and whether personal or assignable" after "contingent" wherever 5
occurring. 6
[24] Schedule 4, clause 3 (d1) 7
Insert after clause 3 (d): 8
(d1) the transferee has all the entitlements and obligations of 9
the transferor in relation to those assets, rights and 10
liabilities that the transferor would have had but for the 11
order, whether or not those entitlements and obligations 12
were actual or potential at the time the order took effect, 13
[25] Schedule 5 Extended leave for certain staff 14
Insert ", Sydney Metro" after "Independent Transport Safety and Reliability 15
Regulator" in the definition of Authority in clause 2. 16
[26] Schedule 6A Powers relating to rail infrastructure facilities and land 17
Insert after paragraph (a) of the definition of owner of railway land, rail 18
infrastructure facilities or a railway building in clause 1: 19
(a1) in the case of any land, rail infrastructure facilities or any 20
railway building that is managed or controlled by Sydney 21
Metro for the purposes of exercising its functions under 22
this Act, Sydney Metro, or 23
[27] Schedule 6A, clause 1, definition of "rail authority" 24
Omit "and Transport Infrastructure Development Corporation" from 25
paragraph (a). 26
Insert instead ", Transport Infrastructure Development Corporation and 27
Sydney Metro". 28
[28] Schedule 6A, clause 2CA 29
Insert after clause 2C: 30
2CA Sydney Metro's rail infrastructure facilities 31
Sydney Metro is the owner of all rail infrastructure facilities 32
installed in or on land, in or on rivers and other waterways and in 33
or on the beds of rivers and waterways by Sydney Metro and of 34
all rail infrastructure facilities vested in or transferred to Sydney 35
Page 22
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of Transport Administration Act 1988 Schedule 1
Metro (whether or not the place on which the facilities are 1
situated is owned by Sydney Metro). 2
[29] Schedule 6A, clause 3 (1C) 3
Insert after clause 3 (1B): 4
(1C) Without limiting this clause, the power of entry conferred by it 5
for the purposes referred to in subclause (1) includes the power to 6
enter land for the purpose of carrying out geotechnical surveys 7
with respect to railway land. 8
[30] Schedule 6B Special provisions for underground rail facilities 9
Insert ", Sydney Metro" after "ARTC" in the definition of rail authority in 10
clause 1 (1). 11
[31] Schedule 7 Savings, transitional and other provisions 12
Insert at the end of clause 2 (1): 13
Transport Administration Amendment (Metro Rail) Act 2008 14
[32] Schedule 7 15
Insert at the end of the Schedule with appropriate Part and clause numbering: 16
Part Provisions consequent on enactment of 17
Transport Administration Amendment 18
(Metro Rail) Act 2008 19
Interpretation 20
In this Part, amending Act means the Transport Administration 21
Amendment (Metro Rail) Act 2008. 22
First corporate plan 23
Sydney Metro is to prepare its first corporate plan, in accordance 24
with section 55L, as inserted by the amending Act, within the 25
period approved by the Minister for the purposes of this clause. 26
Transfers of assets and liabilities--validation 27
(1) Schedule 4, as amended by the amending Act, extends to any 28
transfer of assets, rights or liabilities, consequent on an order to 29
which that Schedule applies, that was made at any time before the 30
commencement of those amendments. 31
Page 23
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 1 Amendment of Transport Administration Act 1988
(2) For that purpose: 1
(a) the amendments are taken to have been in force when the 2
relevant transfers occurred, and 3
(b) any such transfer is taken to have been validly made if it 4
could have been made after that commencement. 5
(3) This clause does not apply to any transfer to the extent that it is 6
affected by any proceedings of a court that were finally 7
determined before that commencement. 8
(4) For the purposes of this clause, proceedings are not finally 9
determined if: 10
(a) any period for bringing an appeal as of right in respect of 11
the proceedings has not expired (ignoring any period that 12
may be available by way of extension of time to appeal), or 13
(b) any appeal in respect of the proceedings is pending 14
(whether or not it is an appeal brought as of right). 15
Page 24
Transport Administration Amendment (Metro Rail) Bill 2008
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts 1
(Section 4) 2
2.1 Electricity Supply Act 1995 No 94 3
[1] Section 106 Regulations 4
Insert ", Sydney Metro" after "Transport Infrastructure Development 5
Corporation" in section 106 (2A). 6
[2] Dictionary 7
Insert "or Sydney Metro" after "Rail Infrastructure Corporation" in the 8
definition of rail network electricity system. 9
2.2 Local Government Act 1993 No 30 10
[1] Section 555 What land is exempt from all rates? 11
Insert ", Sydney Metro" after "Rail Corporation New South Wales" in section 12
555 (1) (g1). 13
[2] Section 600 Rebates in respect of certain land vested in public bodies 14
Insert ", Sydney Metro" after "Rail Infrastructure Corporation" in the 15
definition of public body in section 600 (9). 16
[3] Section 742 Dispute resolution 17
Insert at the end of section 742 (7): 18
· Sydney Metro 19
2.3 Pipelines Act 1967 No 90 20
Section 3 Definitions 21
Insert ", Sydney Metro" after "Transport Infrastructure Development 22
Corporation" in paragraph (a) of the definition of public authority in section 23
3 (1). 24
2.4 Public Sector Employment and Management Act 2002 No 43 25
[1] Schedule 1 Divisions of the Government Service 26
Insert in appropriate order in Columns 1 and 2, respectively, in Part 2: 27
Sydney Metro Division Chief Executive Officer of Sydney Metro
Page 25
Transport Administration Amendment (Metro Rail) Bill 2008
Schedule 2 Amendment of other Acts
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 1
Insert in appropriate order in Part 2: 2
Chief Executive Officer of Sydney Metro 3
2.5 Roads Act 1993 No 33 4
Section 94 Roads authority may carry out drainage work across land 5
adjoining public road etc 6
Insert ", Sydney Metro" after "Transport Infrastructure Development 7
Corporation" in section 94 (2). 8
Page 26
[Index] [Search] [Download] [Related Items] [Help]